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Rules and Regulations Pertaining to Your Business

 

From July 2003, we started posting business-related rules and regulations issued by the Chinese government. These rules and regulations will stay on our web site for three months from the date they are posted. To see their full version in Chinese follow the link*. We do not provide English translations of these rules and regulations as they usually are translated by the PRC government several months after their issue date. To see if a specific rule or regulations is available in English, please check the Policy section of China’s Ministry of Commerce website.

Date posted Name of the rule or regulation, date it is made public, and effective date
   
1/28/20045

The People’s Bank of China issued The Rules for the Review of Banking Financial Institutions’ Access to the National Interbank Lending Market. The rules, dated January 21, 2005, took effect on the day of its issuance.

   
1/25/20045

The National Development and Reform Commission issued The Measures for the Supervision and Regulation of Coal Businesses. The new rules, dated December 27, will replace a similar rule issued by SETC in 1999 and will take effect on January 28, 2005.

   
1/21/20045

The Ministry of Commerce issued The Measures for the Administration of Commercial Franchising Operations. The rules, dated December 31, 2004, will replace similar rules issued by the former Ministry of Internal Trade and take effect on February 1, 2005.

   
1/18/20045

Administration for Quality Supervision, Inspection and Quarantine issued The Measures for the Administration of Inspection, Quarantine and Supervision of Fruit Imports. The new rules, dated January 5, will replace similar rules issued on December 9, 1999 and will take effect on July 5, 2005.

   
1/18/2005

Administration for Quality Supervision, Inspection and Quarantine issued The Measures for the Administration of Quarantine Treatment of Wood Packing for Exported Goods. The new rules, dated January 10, will take effect on March 1, 2005.

   
1/18/2005

The State Council issued The Regulation for Collective Copyright Management. The new rules, dated January 4, will replace similar rules issued on September 30, 1986 and will take effect on March 1, 2005.

   
1/18/2005

The National Development and Reform Commission issued The (Trial) Rules for Drug Price Differentials. The new rules dated January 7 were posted at NDRC website on January 14, 2005.

   
1/18/2005

The Customs General Administration issued The PRC Customs Measures for the Administration of Tariff Levies for Imported and Exported Goods. The new rules, dated January 4, will replace similar rules issued on September 30, 1986 and will take effect on March 1, 2005.

   
12/27/2004

China’s Supreme People’s Court issued The Judicial Interpretation on Issues of Applicability of Laws Regarding the Trial of Cases Involving Technical Contract Disputes. The new rule, dated December 16, will take effect on January 1, 2005.

   
12/27/2004

China Insurance Regulatory Commission issued The Regulation for the Administration of Insurance Brokerage Institutions. The new rule, dated December 15, will replace an existing rule issued in November 2001 and will take effect on January 1, 2005.

   
12/27/2004

China Insurance Regulatory Commission issued The Regulation for the Administration of Insurance Agent Institutions. The new rule, dated December 1, will replace an existing rule issued on November 16, 2001 and will take effect on January 1, 2005.

   
12/27/2004

China Insurance Regulatory Commission issued The (Trial) Measures for the Administration of Non-Life Insurance Liability Funds of Insurance Companies.

   
12/27/2004

The Ministry of Communications issued The Measures for the Administration of Highway Construction Market. The new rules, dated December 21, will replace an existing rule issued on July 11, 1996 and will take effect on March 1, 2005.

   
12/23/2004

The Customs General Administration issued The Rules on Standards for Substantive Transformation Concerning Rules of Non-Preferential Origin. The rules, dated December 6, will take effect on January 1, 2005.

   
12/23/2004

The Ministry of Commerce issued The Implementing Rules for the Administration of Issuance of Automatic Import Permits for Automotive Products. The rules, dated December 17, will take effect on January 1, 2005.

   
12/22/2004

The National Development and Reform Commission released The Calcium Carbide Industry Market Access Conditions, The Ferroalloy Industry Market Access Conditions and The Coking Industry Market Access Conditions. The three rules, dated December 16, will take effect on January 1, 2005.

   
12/21/2004

The Supreme People’s Court and the Supreme People’s Procuratorate jointly issued The Judicial Interpretation on Issues Concerning the Concrete Applicability of Laws in Handling IPR Criminal Cases. The new rule
will take effect on December 22, 2005.

   
12/17/2004

China’s State Administration for Industry and Commerce issued three sets of
new rules: The Measures for the Administration of Operating Licenses for Advertising, The Measures for the Administration of Print Advertisements, and The Implementing Rules for the Regulation for the Administration of Advertisements. The three sets of rules, dated November 30, will take effect on January 1, 2005.

   
12/14/2004

China Banking Regulatory Commission issued The Operating Procedural Guide for Applying to Establish Financial Companies under Enterprise Groups.

   
12/14/2004

People's Bank of China released The Rules for the Review of Bond Transactions and Distribution in the National Interbank Bond Market. The new rules, dated December 7, will take effect on December 15, 2004.

   
12/10/2004

National Development and Reform Commission and the Ministry of Commerce jointly issued the The (2004 Revised) Guide Catalogue of Industries for Foreign Investment. The new catalogue, dated November 30, will replace a similar one issued on March 11, 2002 and will take effect on January 1, 2005.

   
12/10/2004

The Ministry of Commerce issued The 2005 Catalogue of Goods Subject to Export Licensing Administration. The new catalogue will take effect on January 1, 2005.

   
12/8/2004

The China Securities Regulatory Commission released The Rules for Strengthening the Protection of the Rights and Interests of Social and Public Shareholders. The new rules took effect immediately.

   
12/7/2004

The Ministry of Commerce released The Provisional Measures for the Administration of the Market for Refined Oil Products. The new rules, dated December 2, will take effect on January 1, 2005.

   
12/7/2004

The Ministry of Commerce issued The Measures for the Administration of Auctions. The new rules will take effect on January 1, 2005.

   
12/3/2004

The Customs General Administration released The Provisional Rules on Customs Handling of Appeal Cases. The new rule, dated November 30, will take effect on January 1, 2005.

   
12/3/2004

The Ministry of Agriculture issued The Measures for the Administration of Animal Drugs. The new rule, dated November 24, will take effect on January 1, 2005.

   
11/30/2004

The Third Civil Trial Court of the Supreme People’s Court has released three draft rules for public comment: The (Trial) Guide for Issues Relating to the Trial of Intellectual Property Cases Involving Conflicts of Rights, (For Discussion) The Opinions on the Trial of Cases Concerning New Plant Variety Right Infringement Disputes, and (For Discussion) The Opinions on Issues Concerning Applicability of Laws in the Trial of Unfair Competition Civil Cases.

   
11/29/2004

The Ministry of Commerce released for public comment The draft Provisional
Measures for the Administration of Foreign-Invested Enterprises Conducting Commercial Franchising Businesses. Comments on the draft rule, dated November 23, should be submitted before December 5, 2004.

   
11/29/2004

The Ministry of Commerce published the third tranche of banned import scraps. The ban on such imports will take effect on January 1, 2005.

   
11/29/2004

The Ministry of Commerce released The Regulation for the Establishment of Foreign-Invested Investment Companies. The new rule, dated November 17, 2004, will take effect after 30 days from the date of issuance.

   
11/29/2004

The Ministry of Information Industry released The Measures for the Administration of China Internet Domain Name Registration. The new rule, dated November 5, requires internet domain name registration and service providers to re-register with MII within sixty days after the new rule takes effect on December 20, 2004. The new rule will replace a similar rule issued on August 1, 2002.

   
11/29/2004

The State Administration for Industry and Commerce released a new rule to
regulate trademark agents from Hong Kong and Macau. The new rule will take effect on January 1, 2005.

   
11/12/2004

The Ministry of Commerce issued The Provisional Measures for the Administration of Facial and Hair Beauty Industry. The new rule will take on January 1, 2005.

   
11/10/2004

The People's Bank of China issued the Regulation for the Administration of Foreign Exchange Reserve Requirements for Financial Institutions. The new rule will replace a similar rule issued in December 1996 and will take effect on January 1, 2005.

   
11/9/2004

The Ministry of Commerce issued The Qualification Standards and Application Procedures for Coke Exporting Enterprises.

   
11/8/2004

The Ministry of Commerce issued The Notice on the Establishment of Key Commodity Trading Market Linkage System.

   
11/5/2004

The People's Bank of China, the Ministry of Finance, China Banking Regulatory Commission, and China Securities Regulatory Commission jointly released The Opinion on the Acquisition of Securities Transaction
Settlement Funds Held by Individual Creditors and Clients.

   
11/5/2004

The State Food and Drug Administration released The 2005 Medical
Device Classification Catalogue for public comment. The draft catalogue is an update of the 2002 catalogue. Comments should be submitted before November 30, 2004.

   
11/4/2004

China Banking Regulatory Commission, China Securities Commission, and the People's Bank of China jointly issued The Measures for the Administration of Loans to Securities Companies Secured by Stocks. The new rule replaced a similar rule issued on February 2, 2000 and took effect on November 4, 2004.

   
11/1/2004

China’s Ministry of Commerce released The 2005 Aggregate Export Quotas for Agricultural, Industrial and Textile Products. 2005 export quota
applications will be accepted between November 1 and 15, 2004.

   
11/1/2004

The State Council released The Rules on the Protection of World Exposition Marks. The rules will take effect on December 1, 2004.

   
11/1/2004

The National Development and Reform Commission and the China Import Export Bank released The Notice on the Policy of Providing Credit Support to Key Overseas Investment Projects Encouraged by the State.

   
10/28/20

The State Administration for Industry and Commerce released a set of three
rules: The (Trial) Guide for Standardizing and Strengthening Supervision of Advertising, The (Trial) Guide for Strengthening Law Enforcement Coordination Concerning Advertising, and The (Trial) Guide for Issues Concerning the Administration of Advertising Review Personnel.

   
10/28/2004

China’s Ministry of Commerce released The (Draft) Rules on Trade Barrier Investigations. Comments should be submitted before November 15, 2005.

   
10/27/2004

The State Administration of Foreign Exchange released The Notice on Issues Concerning the Internal Movements of Foreign Exchange Funds of Multinational Companies. The notice will come into effect on November 1, 2004.

   
10/27/2004

The Supreme People’s Court issued The Judicial Interpretation on Applicability of Laws in Handling Contract Dispute Cases in Construction Projects. The new rule, dated October 25, will take effect on January 1, 2005.

   
10/26/2004

The Ministry of Commerce released a draft rule on auto trade policy for public comment: The Automobile Trade Policy. Comments should be submitted before November 15, 2004.

   
10/26/2004

State Administration of Radio, Film and Television and Misnistry of Commerce jointly issued The Provisional Rules on Business Qualification Access Concerning Film Companies. The new rule will replace two similar rules issued earlier and will take effect on November 10, 2004.

   
10/26/2004

The State Administration of Foreign Exchange issued The Implementing Rules for the Measures for the Administration of Large and Suspicious Foreign Exchange Transactions by Financial Institutions. The new rules, dated October 12, 2004, took effect on the day of its issuance.

   
10/25/2004

China's Insurance Regulatory Commission and China's Securities Regulatory Commission issued The Provisional Measures for the Administration of Stock Investments by Insurance Institutional Investors. The new rule took effect October 24, 2004.

   
10/25/2004

The State Food and Drug Administration released The Bulletin of Items Subject to Administration Licensing by SFDA.

   
10/22/2004

China’s State Food and Drug Administration released The Rules for
Documentation in Registration Application Concerning Health Supplements and Their Evaluation. Comments should be submitted before October 31, 2004.

   
10/20/2004

The National Development and Reform Commission released The Measures for the Administration of Production of Agricultural Pesticides. The new rule will replace a similar rule issued by the former SETC and will take effect on January 1, 2005.

   
10/19/2004

China Banking Regulatory Commission released The Provisional Measures for the Administration of the Real Estate Trust Business of Investment and Trust Companies. Comments should be submitted before November 18, 2004.

   
10/19/2004

The State Statistics Bureau issued The Measures for the Administration of Foreign-Related Surveys. The new rule, dated October 13, 2004, replaced a similar rule issued in July 1999 and took effect on the day of its issuance.

   
10/18/2004

People's Bank of China issued The Measures for the Administration of Short-Term Fund Raising by Securities Firms. The new rule will take effect on November 1, 2004.

   
10/18/2004

China Securities and Regulatory Commission announced some revisions to The Provisional Measures for the Administration of Securities Issued by Securities Firms issued in August last year. The changes took effect on October 18, 2004.

   
10/18/2004

The Ministry of Commerce and six other agencies unveiled The Guiding Opinion on Expanding Exports of Agricultural Products.

   
10/15/2004

The National Development and Reform Commission released The Provisional Measures for the Administration of Review and Approval of Foreign Investment Projects. The new rule, dated October 9, 2004 took effect on the day of its issuance.

   
10/15/2004

The National Development and Reform Commission released The Provisional Measures for the Administration of Verification and Approval of Investment Projects Overseas. The new rule, dated October 9, 2004, took effect on the day of its issuance.

   
10/12/2004

The National Development and Reform Commission issued The Provisional Regulation for the Administration of Pricing of Drugs under Centralized Procurement Through Tendering and Fee Charges. The new rule will take effect on December 1, 2004.

   
10/12/2004

The Ministry of Health and five other government agencies jointly issued The Rules for Further Standardizing Centralized Drug Procurement by Medical Institutions Through Tendering. The new rule, dated September 23, 2004, took effect on the day of its issuance.

   
10/12/2004

The State Council and the Central Military Commission jointly issued The Defense Patent Regulation. The new rule will replace a similar rule issued in July 1990 and will take effect on November 1, 2004.

   
10/12/2004

The Ministry of Commerce made public The Regulation for the Approval of Investments Overseas to Set Up Enterprises. The new rule, dated October 1, 2004, the rule took effect on the day of its issuance.

   
10/12/2004

China's Insurance Regulatory Commission issued The Interim Measures for the Administration of Subordinated Debts with Fixed Terms of Maturity. The new rule, dated September 29, 2004 took effect on the day of its issuance.

   
10/8/2004

China’s Customs General Administration has released The PRC Customs
Implementing Regulation on Administrative Penalties. The new rule, dated September 19 will replace a similar rule issued in 1993 and will take effect on November 1, 2004.

   
10/1/2004

China’s Banking Regulatory Commission released The Trail Measures for the Evaluation of Internal Controls of Commercial Banks for public comment. Comments on the draft rule should be submitted before October 30, 2004.

   
10/1/2004

The Standardization Administration of China announced that it plans to
draft four anti-counterfeit product national standards and solicits public comment. The four recommended national standards are General Technical Conditions for Anti-Counterfeit Labeling Products, General Technical Conditions for Anti-Counterfeit Materials, Computer - Multimedia Digital Information Anti-Counterfeit Technical Products, and General Technical Conditions for Biometric Anti-Counterfeit Technical Products. Comments should be submitted to SAC before October 10, 2004.

   
9/30/2004

The National Development and Reform Commission released The Amounts, Application Conditions and Allocation Principles for 2005 Grain and Cotton Import TRQs. The rule requires the applicants to submit applications between October 15 and 30, 2004. NDRC is required to complete its allocation by January 1, 2005.

   
9/30/2004

The Ministry of Commerce and the National Development and Reform Commission released The Detailed Rules for the Allocation of 2005 Palm Oil, Soybean Oil, Rapeseed Oil and Sugar Import Tariff Rate Quotas. The rule also requires MOFCOM to issue TRQ certificates to end users before January 1, 2005.

   
9/30/2004

The Ministry of Commerce released The Detailed Implementing Rules for the Allocation of 2005 Wool and Wool Top Import TRQs. Certificates are valid for six months but not beyond December 31, 2005.

   
9/30/2004

The National Development and Reform Commission released The (Trail) Catalogue of Fixed Asset Investment Projects Subject to State Council Review or Approval Through NDRC and The Measures for the Administration of Investment Consultation and Evaluation Entrusted by NDRC. The rules will take effect on November 1, 2004.

   
9/28/2004

The Ministry of Science and Technology, the Adminstration for Quality Supervisiton, Inspection and Quarantine and the Standardization Administration of China jointly drafted and released The General Report on “The Study of China Technical Standard Development Strategy” for public comment. Comments should be submitted to SAC before November 20, 2004.

   
9/28/2004

The Standardization Administration of China released The (Provisional) Rules on National Standards Involving Patents for comment. Comments on the rule, dated March 19 but posted on SAC website only on September 21, should be submitted before the end of September 2004.

   
9/27/2004

China’s Securities Regulatory Comission released The Measures for the Administration of Securities Investment Fund Management Companies. The new rule will replace The Rules on the Establishment of Foreign Joint-Equity Fund Management Companies issued in June 2002 and will take effect on
October 1, 2004.

   
9/27/2004

China’s Securities Regulatory Comission released The Measures for the Administration of Appointments of Senior Management Personnel in the Securities Investment Fund Management Industry. The new rule will replace a similar rule issued in 1999 and will take effect on October 1, 2004.

   
9/27/2004

China’s Securities Regulatory Comission released The draft Rules on Strengthening the Protection of the Interests of Holders of Social Public Shares. Comments should be submitted before October 15, 2004.

   
9/24/2004

The Ministry of Commerce released The Measures for the Implementation
of Administration of Sales of Brand Name Automobiles. Comments on the draft rule should be submitted before October 15, 2004.

   
9/242004

The Ministry of Commerce released The draft Measures for the Administration of Distribution of Second-Hand Automobiles. Comments on the draft rule should be submitted before October 15, 2004.

   
9/24/2004

State Administration of Radio, Film & Television issued The Regulation for the Administration of Activities of Broadcasting and Film Festivals (Exhibitions) and Program Exchanges. The new rule will replace a similar rule issued in 1998 and take effect on October 10, 2004.

   
9/23/2004

Ministry of Commerce released the draft Measures for the Administration of Auctions. Comments on the draft rule should be submitted before September 30, 2004.

   
9/23/2004

The State Administration for Industry and Commerce released The Measures for the Administration of Commissioned Agents. The new rule, dated August 28, 2004 replaced a similar rule issued earlier and took effect on the day of its issuance.

   
9/22/2004

China’s Supreme People’s Court has issued Notice on Further Strengthening Judicial Protection of IPRs.

   
9/21/2004

National Development and Reform Commission released the Provisional Measures for the Approval of Enterprise Investment Projects. The rule, dated September 15, 2004 took effect on the day of its issuance.

   
9/21/2004

The Ministry of Construction and the Ministry of Commerce jointly issued The Notice on Issues Concerning Better Handling the Administration of Qualifications of Foreign-Funded Constructions Companies.

   
9/17/2004

The National Development and Reform Commission issued The (Draft) Regulation for the Administration of Recycling Disposal of Waste and Used Home Electronic Appliances and Electronic Products. Comments on the draft rule should be submitted by October 31, 2004.

   
9/17/2004

The Supreme People’s Court released The Regulation on Certain Issues Concerning People’s Courts’ Civil Mediation Work. The new rule will take effect on November 1, 2004.

   
9/15/2004

The National Development and Reform Commission issued the The Urgent Notice on Suspending the Review and Determination Work on Drugs Subject to Government Pricing.

   
9/13/2004

The Ministry of Commerce issued The Regulation on the Approval of Mainland Enterprises to Invest or Set up Enterprises in the Hong Kong and Macau Special Administrative Regions (SARs). The new rule, dated August 31, 2004 took effect on the day of its issuance.

   
9/13/2004

The State Council on Saturday issued The Regulation for National Economic Census. The new rule, dated September 5, 2004 took effect on the day of its issuance.

   
9/7/2004

The Supreme People’s Court and the Supreme People’s Procuratorate jointly issued The Interpretation on Certain Issues Concerning the Applicability of Laws in the Handling of Criminal Cases Involving Producing, Copying, Publishing, Selling and Broadcasting Pornographic Electronic Information Using Internet, Mobile Communication Terminals and Paging Stations. The rule, dated September 3, took effect on September 6, 2004.

   
9/7/2004

The Ministry of Finance released three implementing rules for government
procurement: The Measures for the Administration of Tendering and Bidding in Government Procurement of Goods and Services, The Measures for the Administration of Information Publication in Government Procurement, and The Measures for the Handling of Complaints Filed by Suppliers Concerning Government Procurement. The three rules, dated August 11, will take effect on September 11, 2004.

   
9/3/2004

China Ministry of Construction released a draft revised Construction Law for public comment. Comments on the draft should be submitted by September 20, 2004.

   
9/3/2004

The Ministry of Construction released The new Measures for the Administration of Pre-Sales of Urban Commodity Housing Units contains ten amendments and replaced a similar rule issued in January 1995. The new rule, dated July 20, 2004, took effect on the day of it issuance.

   
9/2/2004

China's Banking Regulatory Commission released The Guide on Risk Management in the Provision of Real Estate Loans by Commercial Banks. The new rule took effect September 2, 2004.

   
9/2/2004

Administration for Quality Supervision, Inspection and Quarantine released The Outstanding Performance Evaluation Standard and The Guide for the Implementation of the Outstanding Performance Evaluation Standard.

   
9/2/2004

The Supreme People’s Court released The (Trial) Regulation on Issues Concerning the Trial of Cases Determining State Compensation by People’s Courts. The judicial interpretation, dated August 10, will take effect on
October 1, 2004.

   
9/1/2004

The State Administration of Industry and Commerce released The Measures for the Administration of Trademark Printing. The revised rule, dated August 19, will replace a similar rule issued in September 1996 and will take effect on September 1, 2004.

 

*The names of the rules and regulations are unofficial translations from Chinese language news sources and are prepared by the Department of Commerce's Office of the China Economic Area

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