Uncategorized

ANNOUNCEMENT NO.39, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING CARRYING OUT PROVISIONAL ANTI-DUMPING MEASURES ON IMPORTED NONYL PHENOL ORIGINATING FROM INDIA AND TAIWAN REGION

Announcement No.39, 2006 of the General Administration of Customs of the People’s Republic of China concerning Carrying Out Provisional
Anti-dumping Measures on Imported Nonyl Phenol Originating from India and Taiwan Region

No. 39 [2006]

In accordance with Anti-dumping Regulations of the People’s Republic of China and results of anti-dumping investigation on imported
Nonyl Phenol originating from India and Taiwan region, Ministry of Commerce decided carry out provisional anti-dumping measures on
imported Nonyl Phenol originating from India and Taiwan region and released Announcement No.51, 2006 of Ministry of Commerce (See
Appendix 1 for details). Related matters are announced as follows:

1.

As from July 10, 2006, besides Customs duties and value-added tax of import in line with the current regulations, related departments
will impose anti-dumping deposits on imported Nonyl Phenol (Tariff No.: 29071310 ) originating from India and Taiwan region in line
with rates of anti-dumping deposits (See Appendix 2 for details), different suppliers with different rates of anti-dumping deposits:

Anti-dumping deposit = (price after customs duty * rate of anti-dumping deposit)*(1+ rate of value-added tax of import)

2.

Importers must provide certificate of origin to Customs for import of Nonyl Phenol; in case the commodities are from India and Taiwan
region, commercial invoices from the original manufacturers are required as well. For those cannot provide the certificate of origin,
the Customs will impose an anti-dumping deposit in accordance with the highest rate of anti-dumping deposit listed in Appendix 2
when failing to assure that the commodities are from India and Taiwan region after investigation. In case the commodities are from
India and Taiwan region, but import operators cannot provide commercial invoices from the original manufacturers, the Customs will
levy an anti-dumping deposit in accordance with rate of anti-dumping deposit of other companies of relevant countries listed in Appendix
2.

3.

Related issues on anti-dumping deposits on Nonyl Phenol originating from India and Taiwan region of processing trade bonded import
are subject to Announcement No.9, 2001 of General Administration of Customs of the People’s Republic of China and Decree No.111 of
General Administration of Customs of the People’s Republic of China.

4.

General Administration of Customs will separately release announcement on disposal of anti-dumping deposits in accordance with arbitration
results.

5.

During valid period of the provisional anti-dumping measures of the imported Nonyl Phenol, if encounter the same or similar commodities
which the Customs cannot make sure whether to impose an anti-dumping deposit on or not, please apply to Ministry of Commerce for
judgment. The Customs will act in accordance with judgment of Ministry of Commerce.

Appendix:

1.

Announcement No.51, 2006 of Ministry of Commerce of the People’s Republic of China (omitted)

2.

Form of Rate of Anti-dumping Deposit of Nonyl Phenol (omitted)

General Administration of Customs

July 7, 2006



 
General Administration of Customs
2006-07-07

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON TRANSMITTING THE CIRCULAR OF GENERAL ADMINISTRATION OF CUSTOMS ON RELEVANT ISSUES CONCERNING THE RESUMPTION OF THE ISSUANCE OF COUPLET OF CERTIFICATION OF DECLARATION BILL FOR EXPORT GOODS ON GOLD AND ITS ORNAMENTAL ARTICLES

Circular of the State Administration of Taxation on Transmitting the Circular of General Administration of Customs on Relevant Issues
concerning the Resumption of the Issuance of Couplet of Certification of Declaration Bill for Export Goods on Gold and its Ornamental
Articles

Guo Shui Han [2006] No. 814

Bureaus of State Taxes in all provinces, autonomous regions, municipalities directly under the Central Government and cities specially
designated in the State plan:

In order to solve the problem that some export enterprises are unable to go through the formalities of tax exemption for the export
of products containing gold, the General Administration of Customs, after discussions, released the Circular of General Administration
of Customs on Relevant Issues concerning the Resumption of the Issuance of Couplet of Certification of Declaration Bill for Export
Goods on Gold and its Ornamental Articles (Shu Jian Fa [2006] No. 313). And this document coded Shu Jian Fa [2006] No. 313 is hereby
transmitted to you, please implement it in accordance with relevant provisions.

Where the Couplet of Export Rebate of the Declaration Bill for Export Goods for the relevant products containing gold before the release
of the document coded Shu Jian Fa [2006] No. 313 is unable to de acquired due to the implementation of the Circular of the General
Administration of Customs on Suspending the Issuance of the Couplet of Export Rebate Certification of the Declaration Bill for Export
Goods on Gold Raw Materials of Gold Ornamental Articles (Shu Tong [2000] No. 486), the export enterprise concerned shall be allowed
to go through the formalities of tax exemption with the relevant certifications issued by the customs authorities and the special
invoice for value-added tax, the verifying and writing-off instrument for received foreign exchange and other evidentiary documents.

Annex: Circular of General Administration of Customs on Relevant Issues concerning the Resumption of the Issuance of Couplet of Certification
of Declaration Bill for Export Goods on Gold and its Ornamental Articles

State Administration of Taxation

August 22, 2006
Annex:
Circular of General Administration of Customs on Relevant Issues concerning the Resumption of the Issuance of Couplet of Certification
of Declaration Bill for Export Goods on Gold and its Ornamental Articles

Shu Jian Fa [2006] No. 313

Guangdong Branch Office, Tianjin and Shanghai Agencies, all the customs authorities directly under the General Administration of Customs,
all educational institutions:

Letter of Shenzhen Customs on Asking for Instruction on the Question of Export Rebate in Relation to Export of Products Containing
Gold (Shen Guan Shen [2006] No. 252) is recently received, and after studies and discussions with the State Administration of Taxation,
a circular is hereby given on relevant issues as follows:

In accordance with the policy provisions that “no rebate shall be given to export of gold and gold raw materials of gold ornamental
articles” in the Circular of the Ministry of Finance, the State Administration of Taxation, and the People’s Bank of China on Relevant
Taxation Provisions concerning the Distribution, Sale and Export of Gold, the General Administration of Customs released the Circular
of the General Administration of Customs on Suspending the Issuance of the Couplet of Export Rebate Certification of the Declaration
Bill for Export Goods on Gold Raw Materials of Gold Ornamental Articles (Shu Tong [2000] No. 486), suspending the issuance of the
Couplet of Certification of the Declaration Bill for Export Goods on export of gold and its ornamental articles.

In 2005 and 2006, the State Administration of Taxation released successively the Circular of the State Administration of Taxation
on the Taxation Policy for the Export of Products Containing Gold (Guo Shui Fa [2005] No. 125), and the Supplementary Circular of
the State Administration of Taxation on Relevant Issues concerning the Carrying-out of a Tax Exemption Policy on Products Containing
Gold (Guo Shui Fa [2006] No. 10), prescribing that “an enterprise, when going through the formalities of value-added tax exemption
for products containing gold, shall provide the Couplet of Certification of Declaration Bill for Export Goods issued by the customs
authorities”.

In order to cooperate with the State Administration of Taxation in carrying out its policy of value-added tax exemption on export
of products containing gold, and after studies, the document coded Shu Tong [2000] No. 486 shall be abolished as of the release of
this Circular, and the issuance of the Couplet of Certification of Declaration Bill for Export Goods (exclusively used for tax rebate)
shall be resumed. With regard to gold and its ornamental articles which are exported before the release of this Circular, the State
Administration of Taxation shall notify the relevant authorities in charge of tax rebate to handle the formalities of value-added
tax exemption and credit upon the relevant invoices provided by the enterprises, and the customs authorities will not reissue the
Couplet of Certification of Declaration Bill for Export Goods.

Please abide by and implement the aforesaid provisions.

General Administration of Customs

August 21, 2006



 
State Administration of Taxation
2006-08-22

 







THE SUPERVISION AND INSPECTION PROGRAM FOR THE REVIEW AND EXAMINATION OF PREFERENTIAL TAX POLICIES FOR DEVELOPMENT ZONES

State Administration of Taxation

Circular of the State Administration of Taxation concerning the Distribution of the Supervision and Inspection Program for the Review
and Examination of Preferential Tax Policies for Development Zones

GuoShuiHan [2004] No.349

State tax and local tax bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and municipalities
with independent budgetary status:

The State Administration of Taxation formulated the Supervision and Inspection Program for the Review and Examination of Preferential
Tax Policies for Development Zones (hereinafter referred to as the “Supervision and Inspection Program”) in order to further implement
the Circular of the State Administration of Taxation concerning the Review and Examination of Preferential Tax Policies for Development
Zones (Guo Shui Fa No.9 2004) and earnestly ensure that the review and inspection work achieve actual effects and expected goals.
All localities are required to organize supervision and inspection groups to carry out work in this regard according to uniform principles,
scopes and methods of supervision. The Supervision and Inspection Program is herewith circulated for your implementation. All localities
shall submit the written supervision report to the State Administration of Taxation (Department of Policies and Regulations) before
the end of March. The State Administration of Taxation will organize supervisory group for selective examination in the first ten
days of April.

State Administration of Taxation

March 10th, 2004

The Supervision and inspection Program for the Review and examination of Preferential Tax Policies for Development Zones

This program is formulated with a view to further implementing the Circular of the State Administration of Taxation concerning the
Review and Examination of Preferential Tax Policies for Development Zones (Guo Shui Fa [2004] No. 9, hereinafter referred to as the
“Circular”), strengthening the review and examination of the preferential tax policies for development zones and guiding self-examination
and self-correction of local tax authorities.

1.

Principles of Supervision

(1)

Upholding the law and relevant norms. Supervision and inspection shall, on the basis of current taxation laws, regulations and rules,
be carried out in accordance with the requirements of the Circular with reference to the state uniform preferential tax policies
for development zones.

(2)

Upholding objectivity and impartiality. The materials collected and the situation reflected in the course of supervisions should be
true and valid; the subjective and objective reasons for the identified problems should be analyzed in great detail and shall not
be exaggerated or understated.

(3)

Upholding stress on key points. The supervision shall be carried out with priority in accordance with the scopes of supervision and
the different taxation preferential policies applied in development zones at state level and at or below provincial level. The review
and examination shall be conducted thoroughly instead of being conducted as a mere formality so as to achieve actual effects.

2.

Organization of Supervision

The leaders in charge of tax authorities in various regions shall head the supervisory groups in person. The legal departments shall
facilitate the organizing of the supervisory groups with involvement of other relevant departments. The supervisory groups shall
supervise more than two tax authorities at prefecture and municipal level chosen with pertinence in the light of the actual situation
of different places.

The supervision work shall be carried out for around ten days during the middle ten days of March.

3.

Scope of Supervision

The scope of supervision is the implementation of the Circular of the State Administration of Taxation and self-examination and self-correction
by various local authorities, including:

(1)

The application of preferential tax policies for development zones, including the application of preferential tax policies for the
economic and technological development zones, the coastal economic open zones, the high tech industrial development zones established
under the approval of the State Council as well as other state-level parks and various development zones established under the approval
of the governments at or below the provincial level.

(2)

The implementation of preferential tax policies for the development zones. Whether such problems exist in state-level development
zones as enterprises outside the development zones enjoying the preferential tax policies for those inside, enterprises registered
within but operated outside the zones enjoying the preferential tax policies for the zones, the preferential tax policies being granted
to the newly-established enterprises without strict examination of their qualification or development zones by itself expanding the
scope of application of preferential tax policies, increasing the preferential tax rates and extending the preferential period. Whether
such problems exist for the development zones at or below the provincial level to enact preferential tax policies beyond their taxation
jurisdiction or enjoy preferential tax policies applied for the state-level development zones.

(3)

Specific opinions and suggestions put forward by various localities in the light of the status quo of various development zones at
all levels as well as the implementation of the preferential tax policies inside the development zones.

4.

Methods of Supervision

(1)

Listening to Reports

The supervisory groups shall listen to the reports on the review of preferential tax policies for development zones presented by the
tax authorities at prefecture and municipal level, which shall cover the following contents:

The understanding by leaders of the tax authorities at prefecture and municipal level of the importance of the review and examination
of preferential tax policies for development zones; progress of the transmission of the Circular to the state and local tax authorities
at municipality and county level; progress of organizing and arranging the review and examination of preferential tax policies for
development zones in compliance with the Circular, whether concrete implementation program has been formulated and whether self-examination
and self-correction have been carried out.

(2)

Holding Symposia

The supervisory groups shall, on the basis of listening to the reports, hold symposia attended by relevant personnel from development
zones of different kinds at all levels to further find out the application and implementation of preferential tax policies for development
zones as well as problems and suggestions arising from the course of implementation.

(3)

On-the-spot Inspection

The supervisory groups shall, on the basis of the information in hand, carry out on-the-spot investigation and inspection in selected
tax authorities of the development zones at state level and at or below provincial level. The inspection shall focus on issues such
as whether the preferential tax policies are enacted without authorization, whether the application scope of preferential tax policies
is enlarged and whether the preferential tax rates are increased and the period extended. During the on-the-spot supervision and
inspection, the supervisors shall fill in the original copy of the work memo of review and examination of preferential tax policies
for development zones in line with the actual situations.

(4)

Paying Visits to Enterprises

When carrying out investigations into matters such as applying inside policies of various development zones by outside enterprises
and enterprises registered with the zones but running business operated outside, as well as other matters found out during the inspection,
on which an investigation is needed to be extended to enterprises, visits to these enterprises shall be conducted in order to get
a clearer picture and ascertain the matters.

5.

Requirements of Supervision

All local tax authorities shall deepen their understanding, strengthen their leadership, carry out the supervision and inspection
work conscientiously and ensure the problems are identified. Going through the motions is strictly prohibited.



 
State Administration of Taxation
2004-03-10

 







CIRCULAR OF THE MINISTRY OF LABOR AND SOCIAL SECURITY ON ABOLISHING THE INTERIM PROVISIONS ON THE ADMINISTRATION OF WAGES OF FOREIGN-FUNDED ENTERPRISES

the Ministry of Labor and Social Security

Circular of the Ministry of Labor and Social Security on Abolishing the Interim Provisions on the Administration of Wages of Foreign-funded
Enterprises

No. 16 [2004] of the Ministry of Labor and Social Security

The labor and social security offices or bureaus of all provinces, autonomous regions, municipalities directly under the Central Government,

Circular of the former Ministry of Labor concerning Printing and Distributing the Interim Provisions on the Administration of Wages
of Foreign-funded Enterprises (No. 46 [2004] of the Ministry of Labor) was decided to be abolished after deliberation. The documents
on interpretation of this Circular shall be abolished simultaneously, namely the Reply of the General Office of the Ministry of Labor
to the Request for Instructions on the Ownership of the Disposal Power of the Nominal Wage of Chinese Senior Managers in Chinese-foreign
Equity Joint Venture Enterprises and Chinese-foreign Contractual Joint Enterprises (No. 106 [2004] of the Ministry of Labor).

After the aforesaid documents are abolished, the authorities in all places shall continue to strengthen the supervision over and inspection
of the conditions of how wages are paid to the workers in foreign-funded enterprises and cooperate with relevant departments on relatisng
issues.

the Ministry of Labor and Social Security

May 18th, 2004



 
the Ministry of Labor and Social Security
2004-05-18

 







ANNOUNCEMENT OF THE STATE FOOD AND DRUG ADMINISTRATION BUREAU ON ADDING NANNING MUNICIPALITY TO BE PORT CITY OF DRUG IMPORT

State Food and Drug Administration Bureau

Announcement of the State Food and Drug Administration Bureau on Adding Nanning Municipality to be Port City of Drug Import

GuoShiYaoJianZhu [2004] No. 489

In order to further facilitate the import and export trade between China and ASEAN member countries, upon approval by the State Council,
Nanning Municipality is agreed to be another port city of drug import. Relevant matters are hereby announced as follows:

1.

From the date of the issuing of this announcement, apart from the drugs prescribed in Article 10 of Measures for the Administration
of Drug Import, other import drugs (including narcotics, psychoactive drugs) may be imported through the port administered by Nanning
Customs which is directly under the Customs General Administration.

2.

Nanning Drug Supervision and Administration Bureau is added to be port drug supervision and administration bureau. The Recording Office
of Nanning Drug Supervision and Administration Bureau shall undertake the concrete work on import record by Nanning Drug Supervision
and Administration Bureau.

Address: 14-4 Xinzhu Road, Naning, Guangxi Province

Post Code: 530022

Person to Contact: Ou Junjun

Telephone: 0771-5889761

Fax: 0771-5889761

E-mail: nn-portgxfda.gov.cn

3.

The Drug Inspection Institution of Guangxi Zhuang Autonomous Region is authorized to be a Port Drug Inspection Institution.

Address: 1-1 Xinmin Road, Nanning, Guangxi Province

Post Code: 5300221

Telephone: 0771-2619291

Fax: 0771-2611064

It is hereby announced.

The State Food and Drug Administration Bureau

October 22, 2004



 
State Food and Drug Administration Bureau
2004-10-22

 







MEASURES FOR THE ADMINISTRATION OF ADVERTISING BUSINESS LICENSES

the State Administration for Industry and Commerce

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

No. 16

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

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

November 30, 2004

Measures for the Administration of Advertising Business Licenses

Article 1

With a view to strengthening supervision over and administration of advertising business activities and regulating the registration
on the examination and approval of advertising operations, the present Measures are formulated in accordance with the Advertising
Law of the People’s Republic of China, Administrative License Law of the People’s Republic of China, and the Regulation on the Management
of Advertising.

Article 2

The following entities that undertake advertising business may not carry out the corresponding advertising operations until after
having applied to the advertising supervision and administration organ in accordance with the present Measures and received an Advertising
Business License:

1.

Radio stations, television stations, as well as publishers of newspapers, magazines and periodicals;

2.

Public institutions; and

3.

Entities that are subject to examination and approval of registration for advertising operations as prescribed by laws and administrative
regulations.

Article 3

The advertising supervision and administration organ as mentioned in the present Measures shall refer to the administrative department
of industry and commerce at or above the county level.

The advertising operator as mentioned in the present Measures shall refer to the various entities as listed in Article 2 , which apply
for undertaking advertising business according to the present Measures and have obtained an Advertising Business License.

Article 4

The Advertising Business License is the legal certificate of an advertising operator for its undertaking of advertising operations.

The Advertising Business License shall have an original copy and a duplicate, which shall be legally of equal effect.

The Advertising Business License specifies the certificate number, name of the advertising operator or institution, site for business
operation, legal representative or person-in-charge, advertising business scope , license issuing authority, issuing date, and other
items.

Article 5

In an Advertising Business License, the advertising business scope shall be checked and ratified according to the following terms:

1.

Radio station: designing and producing radio advertisements, and publishing advertisements home and abroad by making use of self-owned
radio station.

2.

TV station: Designing and producing television advertisements, and publishing advertisements home and abroad by making use of self-owned
TV station.

3.

Newspaper office: Designing and producing printed advertisements, and publishing advertisements home and abroad by making use of self-owned
“￿a￿ewspaper”.

4.

Periodical or magazine office: Designing and producing printed advertisement, and publishing advertisements by making use of self-owned
magazine. And

5.

Other entities concurrently managing advertising operations: Publishing ￿a￿advertisements by making use self-owned media or place,
designing or producing ￿a￿dvertisements.

Article 6

The State Administration for Industry and Commerce shall take charge of the work for the supervision over and administration of Advertising
Business Licenses.

The advertising supervision and administration organs at all levels shall be responsible for the issuing, modifying, revoking of Advertising
Business Licenses within their jurisdictions and for the routine supervision and administration work.

Article 7

The following conditions shall be met when applying for an Advertising Business License:

1.

Having the media or means for publishing advertisements directly;

2.

Establishing specialized agencies dealing in advertising ;

3.

Having equipments and business place for advertising operation; and

4.

Having advertising professionals and advertising censor who knows well the advertising laws and regulations.

Article 8

The following procedures shall be followed when applying for an Advertising Business License:

The applicant shall submit the application documents as prescribed in Article 9 to the advertising supervision and administration
organ with jurisdiction at or above the county level where it is located.

The advertising supervision and administration organ shall make a decision on whether to grant approval or not within 20 days from
the date of acceptance. If it grants the approval, it shall issue an Advertising Business License; if it does not grant the approval,
it shall give an explanation in writing.

Article 9

The following application documents shall be submitted to the advertising supervision and administration organ when applying for the
Advertising Business Licenses:

1.

Application Form for the Registration of Advertising Operations;

2.

Certificate of Advertising Media. Radio stations, television stations, newspapers and periodicals and other media, which may not be
managed until after having obtained the approval as prescribed by laws and regulations, shall submit the relevant documents of approval;

3.

Checklist of advertising equipments and certificate document concerning the business place;

4.

The certificate documents concerning the person-in-charge of the advertising operators and advertising censors; and

5.

Legal person registration certificate of the entity.

Article 10

An advertising operator shall carry out business activities within the advertising business scope as approved by the advertising supervision
and administration organ, and shall not alter the advertising business scopewithout applying for alteration and getting approval
from the advertising supervision and administration organ.

In case there is any alteration in the name of an entity, legal representative or person-in-charge or business place, the advertising
operator shall apply for alteration of the Advertising Business License within one month from the day when such alteration is made.

Article 11

An advertising operator shall submit the following application documents when applying for alteration of the Advertising Business
License:

1.

Application Form for Alteration Registration of Advertising Operation;

2.

The original and duplicate of the former Advertising Business Licenses; and

3.

The certificate documents relating to the alteration of advertising business scope, name of the entity, legal representative or person-in-charge,
business place and other matters.

Article 12

The advertising supervision and administration organ shall make a decision on whether to approve the alteration or not within 10 days
from the date when it accepts the application for the alteration of the Advertising Business License. If it grants approval after
examination, it shall issue a new Advertising Business Licenses; if it does not grant approval, it shall give an explanation in writing.

Article 13

In case any advertising operator no longer meet the conditions as prescribed in Article 7 of the present Measures due to the change
of conditions or ceases undertaking advertising operations, it shall timely go through formalities of writing off the Advertising
Business License with the advertising supervision and administration organ.

Article 14

An advertising operator shall submit the following application documents when writing off the Advertising Business License:

1.

Application Form for Write-off Registration of Advertising Operation;

2.

The original and duplicate of the Advertising Business License; and

3.

The certificate documents relating to the writing-off of the Advertising Business Licenses.

Article 15

In case any advertising operator, who has obtained the Advertising Business Licenses, no longer meets the conditions as prescribed
in Article 7 of the present Measures due to the change of conditions and fails to through the formalities of writing off the Advertising
Business License in accordance with the provisions of the present Measures, the license issuing authority shall revoke the Advertising
Business License.

Article 16

In case any advertising operator violates the provisions of the Advertising Law and its advertising business is terminated by the
advertising supervision and administration organ in accordance with the provisions of Articles 37, 39, and 41 of the Advertising
Law, and the license issuing authority shall revoke the Advertising Business License.

Article 17

An advertising operator shall place the original of the Advertising Business License at an eye-catching place of its business place.

No entity or individual may forge, alter, lease, lend, buy in and sell at a profit or transfer the Advertising Business License by
any other means.

Article 18

In case the Advertising Business License of any advertising operator is damaged or lost, its cancellation shall be announced on newspapers
or periodicals and make it up at the advertising supervision and administration organ in time.

Article 19

The advertising supervision and administration organ shall strengthen routine supervision and inspection and check periodically the
advertising operation qualification of any advertising operator that has obtained the Advertising Business License within its own
jurisdiction. The specific time for checking the advertising operation qualification and the contents to be checked shall be determined
by advertising supervision and administration organs at or above the provincial level.

An advertising operator shall accept the routine supervision of the advertising supervision and administration organ over its operation
conditions and take part in the inspection on the advertising operation qualification as required.

Article 20

Anyone who violates the provisions of the present Measures shall be given a punishment by the advertising supervision and administration
organ according to the following provisions:

1.

If it undertakes advertising operations without an Advertising Business License, it shall be punished according to the relevant provisions
of the Measures of the State Council for Investigation into and Punishing and Banning Operations without Business Licenses.

2.

If it obtains an Advertising Business License by means of submitting false documents or other fraudulent means, it shall be given
a warning, and be imposed upon a fine of no less than RMB 5000 Yuan but no more than 10,000 Yuan. If the case is serious, its Advertising
Business License shall be revoked. If the Advertising Business License is revoked by the advertising supervision and administration
organ in accordance with the provisions of this paragraph, it shall not apply for a Business License within one year.

3.

If there is any alteration on any registration matter in the Advertising Business License without permission, and it fails to go through
alteration formalities in accordance with the provisions of the present Measures, it shall be ordered to correct and be fined up
to RMB 10,000 Yuan.

4.

If an advertising operator fails to place the original of the Advertising Business License at an eye-catching place of its business
place, it shall be ordered to correct within a prescribed time limit; if it fails to correct exceeding the time limit, it shall be
fined up to RMB 3000 Yuan.

5.

If it forges, alters, leases, lends, buys in and sells at a profit or transfers by other means its Advertising Business License, it
shall be fined RMB 3000 Yuan up to 10,000 Yuan. Or

6.

If an advertising operator fails to take part in the inspection on the advertising operation qualification as required, fails to submit
the inspection materials for advertising operation qualification, refuses to accept the routine supervision and administration of
the advertising supervision and administration organ without reasonable ground, or disguises actual conditions or submit false materials
in the inspection, it shall be ordered to correct and be fined up to RMB 10,000 Yuan.

Article 21

In case any staff member of any advertising supervision and administration organ neglects his duty, misuses his authority, and engage
in malpractices for selfish ends during the process of administering Advertising Business Licenses, he shall be given an administrative
punishment. If a crime is committed, he shall be prosecuted for the criminal responsibility in accordance with law.

Article 22

The formats of the original and duplicate of the Advertising Business License, and the formats of the Application Form for the Registration
of Advertising Operation, the Application Form for Alteration Registration of Advertising Operation, and the Application Form for
Write-off Registration of Advertising Operation shall be uniformly made by the State Administration for Industry and Commerce.

Article 23

The advertising business scope of any applicant, advertising business items or business categories checked and ratified by advertising
supervision and administration organs at all levels in accordance with the provisions of Article 5 shall fit in with the conditions
it satisfies.

In case there are special provisions prescribed by the state restricting the advertising business scope, business items, and business
categories of any advertising operator, these provisions shall be abided by.

Article 24

Apart from applying to the specific provisions of the present Measures, the general provisions of the Administrative License Law on
the procedures for the implementation of relevant administrative license shall also be followed for the implementation procedures
for advertising operation licensing.

Article 25

The present Measures shall go into effect as of January 1st, 2005.



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

 







ANNOUNCEMENT NO.35, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS ON COLLECTING ANTI-DUMPING DUTY ON EPICHLOROHYDRIN (ECH) ORIGINATING FROM RUSSIA, THE REPUBLIC OF KOREA, JAPAN AND THE UNITED STATES

Announcement No.35, 2006 of the General Administration of Customs on Collecting Anti-dumping Duty on Epichlorohydrin (ECH) Originating
from Russia, the Republic of Korea, Japan and the United States
[2006] No. 35

In accordance with Anti-dumping Regulations of the People’s Republic of China, the Tariff Committee of the State Council decides to
collect anti-dumping duties on imported epichlorohydrin (ECH) originating from Russia, the Republic of Korea, Japan and the United
States as from June 28, 2006, and the duration of the collection shall be 5 years. The Ministry of Commerce specially released Announcement
No.44, 2006 (see Appendix 1 for details) therefor. Related matters in implementation are announced as follows: 1. As from June 28, 2006, related departments shall impose anti-dumping duties and value-added tax in the linkage of import, besides
import duties in line with current regulations, on imported ECH originating from Russia, the Republic of Korea, Japan and the United
States in line with tax rates listed in Appendix 2 of this Announcement and the following computing formulas, different suppliers
with different tax rates:

Anti-dumping duties = price after duties * anti-dumping rate

Value-added tax in the linkage of import = (price after duties + duties + anti-dumping duty) * rate of value-added tax in the linkage
of import

See Appendix 1 for detailed description of goods on which anti-dumping duties shall be imposed. 2. Importers must provide certificate of origin to the Customs for import of ECH; in case the goods are from Russia, the Republic of
Korea, Japan or the United States, commercial invoices from the original manufacturers shall be required as well. For those who cannot
provide the certificate of origin and have failed to assure that the goods are from Russia, the Republic of Korea, Japan or the United
States after investigation, the Customs shall collect the anti-dumping duties in accordance with the highest rate of anti-dumping
rate listed in Appendix 2. In case the goods are from Russia, the Republic of Korea, Japan or the United States, but import operators
cannot provide commercial invoices from the original manufacturers, the Customs shall collect the anti-dumping duties in accordance
with the rate of anti-dumping rate applied to other companies of relevant countries listed in Appendix 2.
3. As to issues on the collection of anti-dumping duties on ECH originating from Russia, the Republic of Korea, Japan and the United
States of processing trade bonded import, the Customs shall carry out the collection in accordance with Announcement No.9, 2001 of
General Administration of Customs of the People’s Republic of China and Decree No.11 of General Administration of Customs of the
People’s Republic of China.
4. If importers have imported ECH originating from Russia, the Republic of Korea, Japan and the United States and paid anti-dumping deposit
after the implementation of provisional anti-dumping measures, the anti-dumping deposit shall be calculated in line with the scope
of goods and anti-dumping rate specified in this Announcement. The anti-dumping deposit shall be transferred to be anti-dumping duties;
the deposit of value-added tax in the linkage of import shall be transferred to be value-added tax in the linkage of import as well.
Related enterprises may ask the Customs in the place of the collection for refund of excess within 6 months as from Jun 28, 2006.
The insufficient section shall be exempted.
5. When encountering the same or similar goods on which the Customs cannot make sure whether to impose anti-dumping duties on or not
in the process of collecting anti-dumping duties of the import ECH, please apply to the Ministry of Commerce for judgment. The Customs
shall act in accordance with judgment thereof.

Specially announced hereby

Appendix: 1. Announcement No.44, 2006 of the Ministry of Commerce of the People’s Republic of China (omitted) 2. Form of Anti-dumping Rate of Epichlorohydrin (ECH) General Administration of Customs June 27, 2006


￿￿


Appendix 2


Form of Anti-dumping Rate of Epichlorohydrin (ECH)


￿￿














































State of Origin


Name of Companies


Anti-dumping Rate


Russia


The Joint Stock Company Kaustik


17.9%


Limited Liability Company ￿￿Usoliekhimprom￿￿


5.4%


Other Russian Companies


71.5%


ROK


HAN WHA CHEMICAL CORPORATION


4.0%


Samsung Fine Chemicals Co., LTD


3.8%


Other Companies from the Republic of Korea


71.5%


Japan


Kashima Chemical Co., Ltd.


4.7%


DAISO CO., LTD.


0%


Other Japanese Companies


71.5%


US


The Dow Chemical Company


4.3%


Other American Companies


71.5%



 
General Administration of Customs
2006-06-27

 







INTERIM MEASURES FOR THE ADMINISTRATION OF FOREIGN ASSISTANCE MATERIAL PROJECTS

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

No.5

Interim Measures for the Administration of Foreign assistance material projects examined and approved at the 6th ministerial conference
of the year 2006 of the Ministry of Commerce of the People’s Republic of China on May 17, 2005 is hereby announced and shall come
into force as of September 1, 2006.
Minister of the Ministry of Commerce, Bo Xilai

July 7, 2006

Interim Measures for the Administration of Foreign Assistance Material Projects
Chapter I General Provisions

Article 1

The Measures is formulated in accordance with the relevant laws, administrative regulations for the purpose of strengthening the
administration of foreign assistance material projects( hereinafter referred to as “foreign assistance material projects”, ensuring
the quality hereof and enhancing the economic and social efficiency of foreign aid.

Article 2

The foreign assistance material projects as stated in the Measure shall refer to, under the free assistance, loan with no or low
interest as well as other special aid fund provided by the Chinese government, such foreign aid programs as common products, necessities,
technological products or unique equipment which purchased by, and such supporting technologies as relevant installation, adjustment,
and operation guidance if necessary, provided by the enterprises designated by the Chinese government.

Article 3

The Ministry of Commerce shall administer foreign assistance material projects in accordance with the Measures.

Article 4

The foreign assistance material projects as the main implementary body selected by the Ministry of Commerce shall, in accordance
with the Measures as well as other relevant laws, administrative regulations, implement the inter-governmental agreement of foreign
assistance material projects signed with the Chinese government, and shall enjoy the relevant rights and bear the relevant obligations
and legal liability.

Chapter II Confirmation of supply list

Article 5

The Ministry of Commerce shall, in accordance with the inter-governmental agreement of foreign aid, determine the supply list.

The supply list shall include such basic information as name of supplying material, technology standard, quantity of supplying material,
quality standard and technology service and etc.

Article 6

The following principles shall be observed in the process of determining supply list:

(1)

The basic requirement of the supplier shall, in accordance with the economic and reasonable principle, be satisfied within the limit
of aid fund;

(2)

Competition shall be removed or limited by any means;

(3)

The products produced in the People’s Republic of China shall, under the same applicable condition, be chosen;

(4)

The volume and reliable products shall be chosen, unless the receiver has specific requirement. Where the product has such compulsory
standards as guarantee the heath of human body, life and property safety as well as environmental protection, it shall accord with
the standard hereof.

Article 7

The Ministry of Commerce, shall, in accordance with the requirement of Article 6 and the relevant polices, formulate and promulgate
Catalogue for the Guidance of Foreign Aid Material and the receiver shall offer the requirement of providing material and the supply
list determined by the Ministry of Commerce.

The Ministry of Commerce shall undertake dynamic administration upon Catalogue for the Guidance of Foreign Aid Material, rechecking
and readjusting it once every year.

Article 8

Where the supply list shall be determined outside the Catalogue for the Guidance of Foreign Aid Material under specific circumstances,
the Ministry of Commerce may entrust the intermediary agencies or enterprises to act as the list organizer of foreign assistance
material projects (hereinafter referred to as “list organizer”) to provide economic and technology service as the determination of
data of supply list as well as reference price.

The Ministry of Commerce shall not entrust such an intermediary agency or enterprise as have been subject to criminal punishment,
administrative penalty due to its involvement in illegal business operation or violation of the provisions related to the administration
hereof or have serious fault in the process of undertaking the task of the administration of foreign assistance material projects,
to act as list organizers.

Article 9

The order organizer shall, strictly abiding by the principles raised in Article 6 , raise the proposal about the supply list and
be responsible for the accuracy and applicability of the content hereof.

The inventory organizer shall submit the proposed supply list to the Ministry of Commerce for approval. The Ministry of Commerce shall,
within 20 working days, inform the list organizer the auditing result in written form.

Article 10

The list organizer shall not collude with the tender enterprises undertaking foreign assistance material projects to raise the supply
list which is disadvantageous to other valid tender enterprises, or disclose information about the inventory hereof to the relevant
tender or bid negotiation enterprises, or collude with the supplier to seek unjustifiable benefits.

Article 11

The Ministry of Commerce shall submit its settled supply list about foreign assistance material projects to the receiver for confirmation.

In the process of implementing foreign assistance material projects, any unit shall, without the approval of the Ministry of Commerce,
not alter the information of the inventory hereof. Where the inventory really needs adjusting, it shall be submitted to the Ministry
of Commerce for approval, which shall, within 10 working days as of having received the acceptance application, make settlement and
inform the applicant in written form; where it needs the approval of the receiver, the Ministry of Commerce shall, as of 10 working
days after the formal confirmation is made by the receiver, make settlement and inform the applicant in written form.

Chapter III The implementation and administration of foreign assistance material projects

Article 12

The Ministry of Commerce shall, within the enterprise scope with the qualification of foreign assistance material projects in accordance
with Measures for Determining the Qualification of Enterprises of Undertaking Foreign Assistance Goods Supply Projects (for Trail
Implementation) (Decree No. 10, 2004 the Ministry of Commerce), choose the implementing enterprises hereof by means of inviting bid
or negotiating bid. The detailed means shall be determined by the Ministry of Commerce in accordance with the scale, nature, specialty
and character of the foreign assistance material projects.

Article 13

The Ministry of Commerce, shall not invite such enterprises as have been subject to criminal punishment, administrative penalty within
two years because of its illegal business activities or its violation of the relevant national provisions about the administration
of foreign aid, or have committed serious faults and caused unfavorable influence in the process of implementing foreign assistance
material projects, to participate in the bid invitation and negotiation hereof.

Article 14

Where the selected enterprises hereof alter the commitment of bid or bid invitation, the Ministry of Commerce may choose again the
enterprises undertaking foreign assistance material projects among the other bidding enterprises to organize bid invitation or bid
negotiation.

Article 15

The Ministry of Commerce shall deliver task notice about foreign assistance material projects to the designated enterprises undertaking
foreign assistance material projects.

The task notice shall be the proof of the foreign assistance material projects to handle the purchase, storage, checking, clearance,
transportation and entry and exit procedures of the relevant personals.

Article 16

Where the inter-governmental agreement of foreign assistance material projects needs signing contracts, the enterprises hereof shall,
in accordance with the authorization of the Ministry of Commerce, sign the foreign implementation contract hereof with the organs
designated by the receiver.

The rights, obligations and means of cooperation agreed by the parties to the contract shall be in conformity with laws, inter-governmental
agreement of foreign assistance material projects as well as the commitment in biding or bid negotiation.

The enterprise undertaking foreign assistance material projects shall, prior to the signing of the contract hereof, submit contract
version to be signed to the Ministry of Commerce for auditing. The Ministry of Commerce shall, within 20 working days as of having
received the contract version to be signed, inform the enterprises undertaking foreign assistance material projects of the result
of auditing in written form.

Article 17

The enterprises undertaking foreign assistance material projects shall, in accordance with the supply list confirmed by the Ministry
of Commerce as well as by the receiver and the commitment of biding or bid invitation, or such activities as production, purchase,
be responsible for the acceptance check before the ex store, shall not alter such substantial contents without authorization as name
of articles, specification and type, technical parameter and standards, amount of supplied goods, manufacturer, meals of package,
technical service personal and its plan.

Article 18

The enterprises undertaking foreign assistance material projects shall, in accordance with the conditions of supplying goods committed
by bidding or bid invitation, handle storage, checking and quarantine as well as such particulars as domestic and international transport
and insurance from the production or purchase site to the destination, shall not alter the means of transportation and time limit
of arrival without authorization.

Article 19

The enterprise of foreign assistance material projects shall bear the responsibility of the quality of supplied goods after its arrival
at the destination and shall shoulder free change of products as well as the necessary expenses once problems about the quality of
products arises not from the foreign party within the guarantee period.

Article 20

Where the provider has exerted inappropriate influence upon the choosing choice of the enterprise of foreign assistance material
projects or unfavorable effect upon the foreign aid material program, the Ministry of Commerce shall list the provider in the name
list of unqualified providers. The enterprise of foreign assistance material projects shall not purchase the products of the providers
listed herein.

The measures for the administration of unqualified providers shall be prescribed otherwise by the Ministry of Commerce.

Article 21

In the process of implementing the projects hereof, the enterprises undertaking foreign assistance material projects shall neither
illegally contract/subcontract the charged foreign assistance material projects, nor misappropriate the foreign assistance fund to
undertake other activities irrelevant to the projects.

Article 22

Where the foreign assistance material projects needs providing the relevant technology service, the enterprise of foreign assistance
projects shall, in accordance with the characteristics of the provided material and technology service plan required by the receiver,
send technology service personnel to provide to the receiver such services as installation, adjustment, operational guidance and
training local technology personal. The technology service plan shall be implemented after having been examined by the Ministry of
Commerce.

The enterprise of foreign assistance material projects shall select excellent technology service personnel and provide the necessary
material conditions in the implementation of technology service to ensure the quality of technology service. The enterprise of foreign
assistance material projects may, if necessary, take in technology service personnel from the receiver to come to China to receive
the operational guidance and technology training.

Article 23

The personnel responsible for the implementation of foreign assistance material projects shall abide by the relevant laws and rules
of China as well as of the receiver, keep national secret and confidential information of technology.

Article 24

The Ministry of Commerce shall be responsible for the supervision and administration of foreign assistance material projects and
the allocation of funds as well as handling the inter-governmental activities related to the projects. The embassies and consulates
(office of economic and commercial counselor) shall assist the Ministry of Commerce to undertake supervision and administration upon
the foreign assistance material projects, and handle the relevant inter-governmental affairs with the authorization of the Ministry
of Commerce.

Article 25

In the process of implementing the projects, the enterprise of foreign assistance material projects shall arrange and store the relevant
documents and submit the implementation and progression of the projects to the Ministry of Commerce and, within 20 days after the
completion of the projects, submit to the Ministry of Commerce the project completion report and the relevant documents.

Article 26

The Ministry of Commerce shall, in accordance with the project completion report, be responsible for handling the inter-governmental
handling-over procedure with the government of the receiving party.

Article 27

The Ministry of Commerce shall be responsible for evaluating the implementation and result of the foreign assistance material projects.

Article 28

The foreign assistance material purchased and transported from the tariff boundary of the People’s Republic of China shall, in accordance
with measures for the administration of checking the foreign assistance material formulated by the Ministry of Commerce and the authorities
of Quality Supervision, Inspection and Quarantine, be subject to the compulsory examination.

The foreign assistance material purchased and transported from the tariff boundary of the People’s Republic of China shall be undertaken
the checking of export site.

Article 29

The foreign assistance material purchased and transported from the tariff boundary of the People’s Republic of China shall, in accordance
with the regulations for the checking and clearance of foreign assistance material signed between the Ministry of Commerce and the
General Customs Administration, handle the checking and clearance procedures hereof.

Article 30

The enterprise of foreign assistance material projects shall, in the process of implementing hereof, handle cargo transport insurance
as well as other necessary insurances. As for the losses within the scope of insurance liability, the enterprise shall claim losses
to the insurance company of itself.

Article 31

The Ministry of Commerce may give appropriate compensation to the enterprises undertaking foreign assistance material projects for
the economic losses and expense adjustment arisen from the following causes:

(1)

War, turbulence, coup, strike and political factors between the two nations (such as policy adjustment, cession of diplomatic relations
and etc.);

(2)

Adjustment about goods supply with the agreement between the Ministry of Commerce and the receiver;

(3)

Force majeure, unless the insurance shall be handled in accordance with the prescription in Article 30 .

Except the prescription in the precedent paragraph, other risks in the process of implementing foreign assistance material project
shall be born by the enterprise of its own.

Chapter IV Legal responsibilities

Article 32

Where the list organizer has any of the following occasions, the Ministry of Commerce shall give warming and may fine less than 30,000
Yuan:

(1)

The name of articles, technology standard, quality standard, amount of supplied goods, technology service and reference price in
the inventory have serious error;

(2)

The organizer violates the inventory principle in Article 6 of the Measures;

(3)

The organizer, in violation of Article 10 of the Measures, colludes with the relevant bidding enterprises to raise the inventory,
which is unfavorable to other bidding enterprises, or disclose the information of supplied goods to the relevant bidding or bid negotiation
enterprises in advance, or colludes with providers to seek inappropriate interest.

Article 33

Where the enterprise participating biding or bid negotiation of foreign assistance material projects has one of the following acts,
the Ministry of Commerce shall give warming to the enterprise and may fine 30,000 Yuan; where the enterprise has been selected, the
selection shall be null and void; where the enterprise violates the relevant laws, administrative rules, it shall, in accordance
with laws and administrative rules, be subject to administrative penalty; where the acts of the enterprise constitutes a crime, the
enterprise shall be investigated for criminal responsibility according to law.

(1)

seeking unfair competition advantage by fraud;

(2)

colluding to bull price;

(3)

disturbing tender and bid order by illegal means.

Article 34

Where the enterprise of foreign assistance material projects has one of the following occasions, the Ministry of Commerce shall give
warming to the enterprise hereof, and may impose a fine of less than 30,000 Yuan; where the enterprise violates the relevant laws,
administrative rules, it shall, in accordance with laws and administrative rules, be subject to administrative penalty; where the
acts of the enterprise constitutes a crime, the enterprise shall be investigated for criminal responsibility according to law.

(1)

alters the commitment of bidding or bid negotiation;

(2)

illegally contracts or subcontracts its charged foreign assistance material projects;

(3)

refuses to fulfill the foreign implementation contract and the commitment of bidding or bid negotiation, and thereby have seriously
hindered the normal operation of foreign assistance material projects and exerted side effect in the international community;

(4)

seriously violates the prescription of the Measures and have caused the relevant economic losses more than 100,000 Yuan;

(5)

misappropriates foreign assistance fund to undertake activities irrelevant to the projects, and have influenced the normal implementation
of the foreign assistance material program;

(6)

purchases the products of the providers listed in the name list of unqualified providers;

(7)

The personnel implementing the foreign assistance material projects violate the prescription in Article 23 and have exerted side
effect in the international community.

Chapter V Supplementary Provisions

Article 35

The Measures shall be interpreted by the Ministry of Commerce.

Article 36

The Measures shall come into force as of September 1, 2006.



 
The Ministry of Commerce
2006-07-07

 







ANNOUNCEMENT NO.86, 2006 OF THE MINISTRY OF COMMERCE ON PROMULGATING QUALIFICATION STANDARDS FOR STATE TRADE EXPORT ENTERPRISES OF TUNGSTEN PRODUCTS, STIBIUM PRODUCTS AND SILVER OF 2007, QUALIFICATION STANDARDS ON EXPORT SUPPLYING ENTERPRISES OF TUNGSTEN PRODUCTS, STIBIUM PRODUCTS OF 2007, AND ANNUAL EXAMINATION DECLARATION PROCEDURES

Announcement No.86, 2006 of the Ministry of Commerce on Promulgating Qualification Standards for State Trade Export Enterprises of
Tungsten Products, Stibium Products and Silver of 2007, Qualification Standards on Export Supplying Enterprises of Tungsten Products,
Stibium Products of 2007, and Annual Examination Declaration Procedures

[2006] No.86

In accordance with regulations of the Provisional Measures on Export Administration on Tungsten and Tungsten Products, and Stibium
and Stibium Products, Provisional Measures on Qualification Standards on Export Supplying Enterprises of Tungsten Products and Stibium
Products, and the Administrative Measures on Silver Export, the Qualification Standards on State Trade Export Enterprises of Tungsten
Products, Stibium Products and Silver of 2007, Qualification Standards on Export Supplying Enterprises of Tungsten Products, Stibium
Products of 2007, and the Annual Examination Declaration Procedures are now announced (foreign-invested enterprises are excluded).

Appendix:

1.

Qualification Standards on State Trade Export Enterprises of Tungsten Products in 2007

2.

Qualification Standards on State Trade Export Enterprises of Stibium Products in 2007

3.

Qualification Standards on State Trade Export Enterprises of Silver in 2007

4.

Qualification Standards on Export Supplying Enterprises of Tungsten Products in 2007

5.

Qualification Standards on Export Supplying Enterprises of Stibium Products in 2007

6.

Annual Examination Declaration Procedures for the Qualification Examination as State Trade Export Enterprises Tungsten Products, Stibium
Products and Silver or Export Supplying Enterprises of Tungsten Products, Stibium Products in 2007

The Ministry of Commerce

November 3, 2006
Appendix 1
Qualification Standards on State Trade Export Enterprises of Tungsten Products in 2007

1.

A registration by the administrative authority for industry and commerce in accordance with relevant stipulations of the State is
practiced and the import and export operation qualification or the record and registration of foreign trade operators has been acquired
together with a possession of independent legal personality.

2.

The IS09000 quality system is certified and passed.

3.

The relevant laws and regulations of the State and local governments are abided by, various social insurances for pension, unemployment,
medical care, occupational injury and maternity are effected and the insurance premium is paid in full amount and on due time, with
a proof for the payment issued by the local labor and social security department.

4.

The circulating enterprise must, in accordance with the stipulations in The Interim Measures on the Qualification Certification of
Export Suppliers of Tungsten Products and Stibium Products, purchase the products of the manufacturing enterprise who has acquired
the qualification as an export supplier.

5.

The circulating enterprise’s amount of exportation of tungsten products per year from 2003 to 2005 exceeds 180 tons with the statistics
issued by General Administration of Customs as reference.

6.

None violation of the State’s relevant laws and regulations from 2003 to 2005 is recorded.

7.

The manufacturing enterprise must also fulfill the following conditions:

(1)

A metallurgy and processing enterprise examined and approved by the State’s relevant authorities;

(2)

The standardized discharge certificate granted by the environment protection department at the provincial level is acquired, together
with the environmental monitoring report provided by the department on the standardized discharge of the current year;

(3)

For the tungsten manufacturing enterprise, tungsten products are its staple, and according to the average annual output in 2004 and
2005, the amount of producing and processing, which equals to APT, is 3,000 tons or above per year, and the output of tungsten powder
and tungsten carbide alloy (or tungsten filament, tungsten material, etc.) is 500 tons or above per year;

Under the same conditions, priority is given to the enterprise integrating exploration, selection and metallurgy with a long chain
of products and a high proportion of deep processing.(4) If the product of the enterprise is listed on the Exportation Catalogue
of Chinese New and High Technology Products issued by the Ministry of Science and Technology, Ministry of Commerce, Ministry of Finance,
General Tax Bureau and the General Administration of Customs, or on the Catalogue of Chinese New and High Technology Products issued
by the Ministry of Science and Technology, or if the product of the enterprise is identified as the new and high technology product
by the Ministry of Science and Technology, the third condition may be alleviated according to the individual case of the product.

Appendix 2
Qualification Standards on State Trade Export Enterprises of Stibium Products in 2007

1.

A registration by the administrative authority for industry and commerce in accordance with relevant stipulations of the State is
practiced and the import and export operation qualification has been acquired, or the registration as a foreign trade operator has
been acquired together with a possession of independent legal personality.

2.

The IS09000 quality system is certified and passed.

3.

The relevant laws and regulations of the State and local governments are abided by, various social insurances for pension, unemployment,
medical care, occupational injury and maternity are effected and the insurance premium is paid in full amount and on due time, with
a proof for the payment issued by the local labor and social security department.

4.

The circulating enterprise must, in accordance with the stipulations in The Interim Measures on the Certification of Export Suppliers
of Tungsten Products and Stibium Products, purchase the products of the manufacturing enterprise who has acquired the qualification
as an export supplier.

5.

The circulating enterprise’s average amount of exportation of stibium products per year from 2003 to 2005 is 190 tons or above, with
the statistics issued by the General Administration of Customs as reference.

6.

None violation of the State’s relevant laws and regulations from 2003 to 2005 is recorded.

7.

The manufacturing enterprise must also fulfill the following conditions:

(1)

A metallurgy and processing enterprise examined and approved by the State’s relevant authorities;

(2)

The standardized discharge certificate granted by the environment protection department at the provincial level is acquired, together
with the environmental monitoring report provided by the department on the standardized discharge of the current year;

(3)

For the stibium manufacturing enterprise, stibium products are its staple, and according to the average annual output in 2004 and
2005, the producing and processing amount of refined stibium is 5,000 tons or above per year, and the output of antimony oxide is
3,000 tons or above per year;

Under the same conditions, priority is given to the enterprise integrating exploration, selection and metallurgy with a long chain
of products and a high proportion of deep processing.

(4)

If the product of the enterprise is listed on the Exportation Catalogue of Chinese New and High Technology Products issued by the
Ministry of Science and Technology, Ministry of Commerce, Ministry of Finance, General Tax Bureau and the General Administration
of Customs, or on the Catalogue of Chinese New and High Technology Products issued by the Ministry of Science and Technology, or
if the product of the enterprise is identified as the new and high technology product by the Ministry of Science and Technology,
the third condition may be alleviated according to the individual case of the product.

Appendix 3
Qualification Standards on State Trade Export Enterprises of Silver in 2007

1.

Manufacturing Enterprise

(1)

A registration by the administrative authority for industry and commerce in accordance with relevant stipulations of the State is
practiced and the import and export operation qualification has been acquired, or the record and registration of foreign trade operators
has been acquired together with a possession of independent legal personality for two years or above.

(2)

For the manufacturing enterprise in the west of China, an annual output of silver is 30 tons or above, for others, that is 60 tons
or above, with the statistics of 2005 issued by the State Bureau of Statistics as reference.

(3)

If the product of the enterprise is listed on the Exportation Catalogue of Chinese New and High Technology Products issued by the
Ministry of Science and Technology, Ministry of Commerce, Ministry of Finance, General Tax Bureau and the General Administration
of Customs, or on the Catalogue of Chinese New and High Technology Products issued by the Ministry of Science and Technology, or
if the product of the enterprise is identified as the new and high technology product by the Ministry of Science and Technology,
the second condition may be alleviated according to the individual case of the product.

(4)

The discharge of industrial dust, waste water, and exhaust gas emitted through the production process of the manufacturing enterprise
fulfills the State’s current standards (especially the arsenical dust and water from the fire smelting process of dore silver, which
must be decontaminated), and the standardized discharge certificate granted by the environmental protection department at the provincial
level has been acquired, together with the environmental monitoring report provided by the department on the standardized discharge
of the current year.

(5)

The dore silver smelting process and the electrolyzing smelting process are accomplished within the same enterprise as a legal person,
and the environmental protection measures in the electrolyzing production of dore silver fulfill the requirements in Item (4)

(6)

When the silver recycling enterprise processes argentiferous waste, secondary-pollution must be avoided and the discharge must reach
the State’s current standards.

(7)

The production of manufacturing enterprise is in accordance with the requirements in Law on Safety in Production of the People’s Republic
of China, the quality of the products reaches the State’s current standards, and there is no complaint on the quality of the products
from clients.

(8)

The relevant laws and regulations of the State and local government are abided by, various social insurances for pension, unemployment,
medical care, occupational injury and maternity are effected and the insurance premium is paid in full amount and on due time, with
a proof for the payment issued by the local labor and social security department.

(9)

The IS09000 quality system is certified and passed.

(10)

None violation of the State’s relevant laws and regulations from 2003 to 2005 is recorded.

Under the same conditions, priority is given in the examination and approval of the export trade qualification to the enterprise which
has passed the ISO14000 environmental management standards certification, has registered the trademark of its products to the international
market, and has established a long chain of products and a high proportion of deep processing.

2.

Circulating Enterprise

(1)

A registration by the administrative authority for industry and commerce in accordance with relevant stipulations of the State is
practiced and the import and export operation qualification has been acquired, or the registration as a foreign trade operator has
been acquired together with a possession of independent legal personality for five years or above.

(2)

The business performance on silver products from 2003 to 2005 is sound.

(3)

The annual import and export value of the foreign trade circulating enterprise in the western area is $50,000,000 or above, and the
value of the enterprise in other areas is $100,000,000 or above, with the statistics of 2005 issued by the General Administration
of Customs as reference.

(4)

The relevant laws and regulations of the State and local government are abided by, various social insurances for pension, unemployment,
medical care, occupational injury and maternity are effected and the insurance premium is paid in full amount and on due time, with
a proof for the payment issued by the local labor and social security department.

(5)

The IS09000 quality system is certified and passed.

(6)

None violation of the State’s relevant laws and regulations from 2003 to 2005 is recorded.

Appendix 4
Qualification Standards on Export Supplying Enterprises of Tungsten Products in 2007

1.

The export supplying enterprise of Tungsten products must be a smelting and processing enterprise examined and approved by the State’s
relevant authorities.

2.

The production capacity of tungsten products that equals to ammonium paratungstate (APT) is above 3,000 tons (with the existing production
capacity by the end of 2005 as reference and hereinafter the same), and the average amount of export supply from 2003 to 2005 is
above 1,000 tons per year.

Under the same conditions, priority is given to the enterprise integrating exploration, selection and metallurgy with a long chain
of products and a high proportion of deep processing.

3.

The quality of the products has reached current standards of the State or the standards in the field, and the IS09000 quality system
is certified and passed.

4.

The relevant laws and regulations of the State and local government are abided by, various social insurances for pension, unemployment,
medical care, occupational injury and maternity are effected and the insurance premium is paid in full amount and on due time, with
a proof for the payment issued by the local labor and social security department.

5.

The recovery ratio for the main process from tungsten concentrates to APT is above 90%, and from APT to tungsten powder is above 97%.

6.

The energy consumption from tungsten concentrates to APT is less than 1 ton of standard coal per ton of products, and from APT to
tungsten powder is less than 4.6 tons of standard coal per ton of products.

7.

The discharge of industrial dust, waste water, and exhaust gas, which is approved by the environmental protection department at the
provincial level, reaches the State’s current standards, and the inspection report granted by the environmental protection department
at the provincial level is acquired.

8.

The equipment is advanced, among which the major equipment, apparatus and instruments are manufactured in the 1990s and later.

9.

The tungsten concentrates and initial products purchased by the smelting enterprise are the products from the exploring enterprise
with exploration permission and from smelting enterprise with export supplying qualification.

Appendix 5
Qualification Standards on Export Supplying Enterprises of Stibium Products in 2007

1.

The export supplying enterprise of stibium products must be a smelting and processing enterprise examined and approved by the State’s
relevant authorities.

2.

The production capacity of stibium products is above 4,000 tons (with the existing production capacity by the end of 2005 as reference
and hereinafter the same), and the average amount of export supply from 2003 to 2005 is above 1,500 tons per year.

Under the same conditions, priority is given to the enterprise integrating exploration, selection and metallurgy with a long chain
of products and a high proportion of deep processing.

3.

The quality of the products has reached current standards of the State or the standards in the field, and the IS09000 quality system
is certified and passed.

4.

The relevant laws and regulations of the State and local governments are abided by, various social insurances for pension, unemployment,
medical care, occupational injury and maternity are effected and the insurance premium is paid in full amount and on due time, with
a proof for the payment issued by the local labor and social security department.

5.

The general recovery ratio for the process from stibium concentrates to refined stibium is above 80%.

6.

The energy consumption of stibium smelting is less than 1.27 tons of standard coal per ton of products.

7.

The discharge of industrial dust, waste water, and exhaust gas, which is approved by the environmental protection department at the
provincial level, reaches the State’s current standards, and the inspection report granted by the environmental protection department
at the provincial level is acquired.

8.

The equipment is advanced, among which the major equipment, apparatus and instruments are manufactured in the 1990s and later.

9.

The stibium concentrates and initial products purchased by the smelting enterprise are the products from the exploring enterprise
with exploration permission and from smelting enterprise with export supplying qualification.

Appendix 6

Annual Examination Declaration Procedures for the Qualification Examination as State Trade Export Enterprises of Tungsten Products,
Stibium Products and Silver or Export Supplying Enterprises of Tungsten Products, Stibium Products in 2007

1.

The administrative department for commerce in each region , in accordance with the Appendix 1 and Appendix 2 and the requirements
of the State’s industrial policy, is to undertake the annual examination on qualification as the State trade export enterprise of
tungsten and stibium products among the local enterprises that have acquired the qualification in 2006, and to report the opinion
on the annual examination to the foreign trade department of the Ministry of Commerce before November 17, 2006. The annual examination
on the enterprises under the administration of the central government is to be practiced by the Ministry of Commerce.

2.

The administrative department for commerce in each region, in accordance with the Appendix 3, is to undertake the annual examination
on the local enterprises that have acquired the qualification as the State trade export enterprise of silver in 2006, and is to report
the opinion on the annual examination, as well as the applications of the newly added enterprises that fulfill the requirements of
State trade export enterprise of silver, to the foreign trade department of the Ministry of Commerce before November 17, 2006.

3.

The administrative department for commerce in each region, in accordance with the Appendix 4 and Appendix 5, is to undertake the annual
examination on the local enterprises that have acquired the qualification as the export supplying enterprise of tungsten and stibium
products in 2006, and is to report the opinion on the annual examination, as well as the applications of the newly added enterprises
that fulfill the requirements of export supplying enterprise of tungsten and stibium products, to the foreign trade department of
the Ministry of Commerce before November 17, 2006. The copy of the above documents is to be sent to the China Non-Ferrous Metals
Industry Association, China Chamber of Commerce for Importers and Exporters of Metals, Minerals and Chemicals, and the China Tungsten
Industry Association. The China Non-Ferrous Metals Industry Association, together with the China Chamber of Commerce for Importers
and Exporters of Metals, Minerals and Chemicals and the China Tungsten Industry Association, is to generalize their professional
opinion and report to the foreign trade department of the Ministry of Commerce before November 24, 2006.



 
The Ministry of Commerce
2006-11-03

 







GUIDANCE ON THE CORPORATION GOVERNANCE REFORM AND SUPERVISION OF BANK OF CHINA AND CHINA CONSTRUCTION BANK

China Banking Regulatory Commission

Guidance on the Corporation Governance Reform and Supervision of Bank of China and China Construction Bank

YinJianFa [2004] No.12

March 11th, 2004

Chapter I General Provisions

Article 1

Joint-stock reform for state-owned commercial banks is a brand new reform practice in China’s financial sector with great significance.
The present Guidance is hereby formulated with a view to ensuring the successful joint-stock reform experiments with the Bank of
China and China Construction Bank (hereinafter referred to as the two pilot banks).

Article 2

The general goal of the joint-stock reform for the two pilot banks is to lay special stress on such central links as reforming the
management system, perfecting the governance structure, transforming the operational system and improving the effect of operation
and to transform the two pilot banks into two modernized joint-stock commercial banks with adequate capital, strict internal control,
safe operation, sound service and benefit and international competitiveness within about three years.

Article 3

Through reform, the two pilot banks shall reach and remain at above the medium-level of the world’s top one hundred big banks by corporate
governance structure and internationally prevailing financial indicators.

Chapter II Reform of Corporation Governance

Article 4

The two pilot banks shall establish a standard shareholders’ general meeting, a standard board of directors, a standard supervisory
board and a standard system of senior management respectively.

The shareholders’ general meeting, board of directors, supervisory board and the system of senior management of the two pilot banks
shall be set up on the principles of separate establishment, separate three powers, effective constraint and coordinated development
in accordance with the requirements of modern corporate governance structure. A standard organizational framework shall be formed
by joint-stock commercial banks in accordance with the related provisions of the Corporate Law as well as other laws and regulations
so as to ensure independent operation and effective check and balance of various parties through a scientific and efficient system
of decision making, enforcement and supervision.

Article 5

The two pilot banks shall fairly and impartially choose strategic investors from home and abroad so as to change the unitary structure
of stock equity and realize diversification of investors.

By introducing strategic investors especially foreign strategic investors, the two pilot banks shall not only enhance capital strength
and improve their respective capital structure but also use for reference internationally advanced managerial experience, techniques
and methods, thus promoting their managerial modalities and operational concept to be compatible with those of internationally advanced
banks, and optimizing the corporate governance mechanism.

Article 6

The two pilot banks shall formulate clear and definite developing strategies so as to maximize value of the banks.

The two pilot banks shall proceed from their own conditions and the market guidance, identify their core competitive advantages and
market competitive advantages and formulate comprehensive development strategies in accordance with their development goals. And
the strategies shall be put into effect by year to ensure their realization.

Article 7

The two pilot banks shall establish scientific systems of decision making, internal control and risk management.

The two pilot banks shall establish and improve risk management system covering credit risk, market risk and operational risk etc.
and effectively identify, measure, supervise and control the risks.

Article 8

The two pilot banks shall, in accordance with the principle of intensive operating, exercise flatter organization and vertical business
management to consolidate business process and management process, optimize the system of organizational framework, improve resource
allocation and raise the efficiency of business operating.

Article 9

The two pilot banks shall, according to the requirement of human resources management for modern financial enterprises, deepen the
reform of the employment and personnel system, and establish market-oriented human resources management system and effective system
of incentives and constrains.

Article 10

The two pilot banks shall, in accordance with the standards and requirements for modern financial corporations and listed banks, exercise
prudent accounting system and stringent information disclosure system to enhance financial management and do a good job of information
disclosure.

Article 11

The two pilot banks shall reinforce the construction of information and technology and improve comprehensive management and service
functions in an all-round way.

Article 12

The two pilot banks shall implement the strategy of financial talents development, intensify targeted training programs and do well
in introducing excellent professionals to key posts, and at the same time, pay attention to the effective utilization and reasonable
allocation of human resources and play out the enthusiasm and creativity of available human resources.

Article 13

The two pilot banks shall bring into full play the specialized advantages of intermediary organizations and steadily step up the process
of joint-stock reform.

Chapter III Examination Indicators

Article 14

The examination indicators of the joint-stock reform for the two pilot banks shall include the net return on assets (ROA), the net
return on equity (ROE), cost income ratio, NPL ratio, capital adequacy ratio (CAR), large exposure concentration rate and provision
coverage ratio of non-performing loan.

Article 15

The ROA of the two pilot banks shall reach 0.6% in 2005, and international good standard in the year 2007.

Article 16

The ROE of the two pilot banks shall reach 11% in 2005, and further rise to over 13% in 2007 so as to ensure the effect of capital
investment and achieve good return.

Article 17

The cost income ratio of the two pilot banks shall be controlled within the range of 35% to 45% as of 2005.

Article 18

The two pilot banks shall divide the non-credit assets into five grades from 2004, examine the quality of all assets in accordance
with the five-grade classification, and keep the NPL ratio within the range of 3% to 5%.

Article 19

The two pilot banks shall manage capital in strict accordance with relevant provisions in the Regulations on Capital Adequacy Ratio
of Commercial Bank as of 2004 and, the CAR shall be kept at above 8% at any time point.

Article 20

The two pilot banks shall take effective measures to strictly control the centralized risk of the accreditation to the same borrower,
and the proportion of loan balance for the same borrower in the capital balance of the commercial banks shall be no more than the
risk indicator of 10% as of 2005.

Article 21

The provision coverage ratio of NPL shall reach 60% for the Bank of China and 80% for China Construction Bank at the end of 2005,
and be increased continuously by the end of 2007.

Chapter IV Examination and Reporting System

Article 22

The two pilot banks shall intensify efforts of bad assets disposal.

The two pilot banks shall investigate into law and regulation violating cases and severely punish the personnel involved in such breaching
of laws, regulations and disciplines. Asset recovery should be earnestly carried out, preventing a few enterprises from evading their
liabilities by the chance of reform and earnestly keeping away moral hazards. A preliminary report on the whole work of investigation
and corresponding measures shall be submitted before the end of 2004.

Article 23

A strict accountability system shall be exercised by the two pilot banks in the reform with the responsibilities implemented in accordance
with the goals and tasks for the reform of state-owned commercial banks established by the State Council. The chairmen of the board
of the two pilot banks shall bear primary responsibility.

The two pilot banks shall apply management by objective and make assessment of each stage’s work through strict examination and appraisal,
which shall be submitted to the Leading Group of Pilot Joint-stock Reform for Solely State-owned Commercial Banks under the State
Council on a quarterly basis and comprehensive and strict examination and appraisal shall be conducted once a year. Latest developments
of the reform shall be disclosed in a proper way to accept supervision from the society.

Article 24

China Banking Regulatory Commission will examine and supervise the reform of corporate governance structure and various financial
indicators of the two pilot banks through overall examination, examination by year and quarterly report supervision. Results of examination
and supervision shall be reported to the Leading Group of Pilot Joint-stock Reform for Solely State-owned Commercial Banks under
the State Council on a yearly and quarterly basis.

Chapter V Supplementary Provisions

Article 25

Interpretation of this Guidance is subject to China Banking Regulatory Commission.

Article 26

This Guidance shall come into effect as of March 11th, 2004.



 
China Banking Regulatory Commission
2004-03-11

 







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...