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Rules and Regulations Pertaining to Your Business

Starting from July 2003, we will post 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*.

Date posted Name of the rule or regulation, date it is made public, and effective date
   
5/26/2004

The State Administration of Foreign Exchange issued the Notice on Perfecting Capital Account Settlement Review and Verification Procedures and the Management of Foreign Debt Registration Concerning Foreign-Invested Enterprises. The new rule will take effect on July 1, 2004.

   
5/21/2004

China’s Insurance Regulator Commission has released the PRC Detailed Implementing Rule on the Administration of Foreign Insurance Companies.The new rule, dated May 13, will take effect on June 15, 2004.

   
5/21/2004

The Ministry of Communications and Ministry of Commerce have jointly issued the Regulation on the Administration of Foreign Investment in International Shipping Businesses. The new rule will take effect on June 1,
2004.

   
5/18/2004

China’s Insurance Regulatory Commission released the revised Regulation on the Administration of Insurance Companies. The new rule, dated May 13, will replace a similar rule issued on January 3, 2000 and will take effect on June 15.

   
5/18/2004

The State Electricity Regulatory Commission has issued the Provisional Measures on the Trial Direct Purchase by Electric Power Consumers from Electric Power Generating Enterprises.

   
5/17/2004

China’s Administration for Quality Supervision, Inspection and Quarantine made public the Regulation for the Administration of Inspection and
Quarantine for the Import of Meat Products. The new rule, dated May 9, will take effect on November 1, 2004.

   
5/17/2004

China’s Administration for Quality Supervision, Inspection and Quarantine made public the Detailed Implementing Rules for the Registration of Overseas Supplier Enterprises in the Import of Waste Materials. The rule, dated May 8, took effect immediately.

   
5/17/2004

The State-owned Asset Supervision and Administration Commission released the Measures for the Administration of Legal Counsels of State-owned Enterprises. The new rule, dated May 11, will take effect on June 1, 2004.

   
5/13/2004

The Ministry of Construction made public The Provisional Regulation on the Administration of Construction Engineering Design Work undertaken by Foreign Enterprises within the Borders of the PRC. The rule, a draft of which was published earlier for public comment, will take effect 30 days after its publication.

   
5/12/2004

The Ministry of Communications has made public the Regulation on the Administration of Port Operations. The new rule will take effect on June 1, 2004.

   
5/11/2004 The Ministry of Commerce posted on its website the draft Measures
on the Recordation Registration of Foreign Trade Operators for public comment. The new rule will take effect on July 1, 2004. No deadline is attached to the draft rule for comment.
   
5/10/2004 China’s Insurance Regulatory Commission released the (Trial) Guide on the Risk Control in the Utilization of Insurance Funds. The guide will take effect on June 1, 2004.
   
4/26/2004 The China Insurance Regulatory Commission released a rule on the establishment and regulation of insurance asset management companies: the Provisional Regulation on the Administration of Insurance Asset Management Companies. The new rule will take effect on June 1, 2004.
   
4/19/2004 China' Ministry of Commerce issued the long-awaited rule on distribution rights of foreign companies: the Measures on the Administration of Foreign Investment in the Area of Commerce.
   
4/19/2004 The State Council issued the revised PRC Antidumping Regulation. The new rule replaces a similar regulation issued on November 26, 2001.
   
4/19/2004 China’s State Council on Saturday issued the revised PRC Anti-Subsidy Regulation and PRC Safeguard Regulation. The revised trade remedy rules will take effect on June 1, 2004.
   
4/19/2004 China’s State Administration of Foreign Exchange issued the Notice on Issues Concerning Adjustments to the Standards of
Foreign Exchange Retention Limits Under Current Account. The new rule dated March 30 will take effect on May 1, 2004.
   
4/15/2004 The State Administration of Taxation (SAT) issued a new rule on tax auditing of foreign companies: the Provisional Measures on Joint Tax Audit of Foreign-Related Enterprises cover foreign-invested and foreign companies.
   
4/14/2004 The State Food and Drug Administration (SFDA) released the draft Measures on the Administration of Certification of Qualifications of Medical Device Testing Institutions for public comment. Comments should be submitted before April 28, 2004.
   
4/13/2004 The Beijing High People’s Court has released a guide on the trial of civil, foreign-related intellectual property rights (IPR) cases. Questions and Answers Concerning the Applicability of Laws in the Trial of Foreign-related Civil IPR Cases. The document was formally adopted by the Beijing High Court on February 9 and intended only as a reference.
   
4/13/2004 Ministry of Commerce released two agricultural wholesale market standards for public comment: the Technical Conditions for the Opening of Agricultural and Sideline Products Wholesale Markets and The Classification and Evaluation of Agricultural and Sideline Products Wholesale Markets. The MOFCOM notice, dated April 9, requires comments on the two documents be submitted before April 23.
   
4/7/2004 National Development and Reform Commission issued the
Notice on Improving Independent Drug Pricing Policy. The new rule, dated April 1, took effect on the day of issuance.
   
4/7/2004 Ministry of Commrece released a joint notice issued by the Ministry of Finance and the State Administration of Taxation announcing a temporary suspension of value added tax rebate for diammonium phosphate (DAP) exports.
   
4/7/2004 The Ministry of Agriculture issued the (Trial) Measures on the Administration of the Dedicated Fund for Agricultural Machinery Purchase Subsidies. The new rule, dated March 17, took effect on the day of its issuance.
   
4/7/2004 The Supreme People's Court released a draft Regulation on Issues Concerning the Trial of Letter of Credit Related Cases. Comments on the SPC judicial interpretation should be submitted before June 1, 2004.
   
4/6/2004 China’s parliament officially passed the revised Foreign Trade Law. The law, which codifies China’s WTO accession commitments, will take effect on July 1, 2004.
   
4/6/2004 The Ministry of ConstructionChina released a new rule opening up the urban public utility sector to private and foreign investors: the Measures on the Administration of Special Licensing of Urban Utility Businesses. The new rule, dated March 19, will take effect on May 1, 2004.
   
4/6/2004 The Ministry of Construction released a rule on the qualification of real property management firms: the Measures on the Administration of Qualifications of Real Property Management Firms. The new rule, dated March 17, will take effect on May 1. 2004.
   
4/6/2004 The China Banking Regulatory Commission released the Measures on the Administration of Transactions by Insiders and Major Shareholders of Commercial Banks. The new rule, a draft of which was first released on February 27 for public comment, will take effect on May 1, 2004.
   
4/5/2004 The Ministry of Labor and Social Security (MOLSS) has issued a new rule on collective bargaining: the Regulation on Collective Contracts. The new rule will replace a similar rule issued in 1994 and take effect on May 1.
   
3/30/2004 The State Food and Drug Administration made public a new rule on certifying drug wholesale companies: (Trial) Implementing Standards for Certifying New Pharmaceutical Wholesale Enterprises on March 24, 2004.
   
3/26/2004 China Banking Regulatory Commission issued the Provisional Measures on the Monitoring and Appraising Poor Quality Assets of Commercial Banks. The new rule took effect on the day of its issuance., March 25, 2004.
   
3/26/2004 The State Administration of Taxation issued the (Provisional) Regulation on Administrative Review of Tax Issues. The rule was adopted on February 24 and will take effect on May 1, 2004.
   
3/25/2004 The Ministry of Construction released the draft of a new rule on regulating foreign architectural firms for public comment: the draft Provisional Regulation on the Administration of Construction Engineering Design Activities of Foreign Enterprises in the PRC. Comments should be submitted before April 10.
   
3/23/2004 China's Ministry of Justice issued a new rule on penalties for lawyers and law firms: the Measures on Punishing Lawyers and Law Firms for Illegal Activities. The new rule, dated March 19, will replace a similar MOJ rule issued in November 1997 and
take effect on May 1, 2004.
   
3/23/2004 MOJ released a new rule on attorney fee charges: the Rule on
Procedures for Fee Charges by Law Firms. The new rule, dated March 19, will take effect on May 1, 2004.
   
3/22/2004 The Ministry of Finance, the Customs General Administration and the State Administration of Taxation jointly issued the Regulation on Tax Policy Issues Concerning Customs Procuratorial Collection of Import Intermediary Taxes. The rule took effect on January 1, 2004.
   
3/22/2004 State Administration of Foreign Exchange made public a new rule regulating the sales of foreign currency denominated traveler's checks by domestic banks on behalf of foreign financial
institutions: the Notice on Issues Concerning the Administration of Procuratorial Sales of Foreign Currency Traveler's Checks. The rule will take effect on April 1.
   
3/17/2004 Supreme People's Court and the Ministry of Justice jointly issued a rule governing relations between judges and lawyers.
   
3/16/2004 AQSIQ, NDRC, MOFCOM and CGA jointly issued the Regulation on the Administration of Recall of Defective Automotive China on
March 12. The new rule will take effect on October 1, 2004.
   
3/15/2004 The State Administration of Industry and Commerce and the Ministry of Commerce jointly issued the Regulation on the Administration of Foreign-Invested Advertising Enterprises. The new rule replaces an SAIC rule issued in 1994 and took effect on March 2, 2004.
   
3/15/2004 MOFCOM today released the (Provisional) Operating Procedures for Automatic Licensing for Natural Rubber Imports. The rule dated March 5 took effect immediately.
   
2/5/2004 The Regulation on Collective Bargaining Contracts and the Minimum Wage Regulationhas were made public by the Ministry of Labor and Social Security on February 5, 2004. The rule, which will replace a similar one issued in 1994, will take effect on May 1, 2004.
   
2/4/2004 The Provisional Measures on the Administration of Derivative Businesses of Financial Institutions issued by the China Banking Regulatory Commission on February 4, 2004. The new rule, a draft of which was published for public comment last October, will take effect on March 1, 2004.
   
2/2/2004 The draft Rule on the Compilation of Solvency Reports by Insurance Companies: Fixed Assets, Land User Rights and Computer Software was released by China's Insurance Regulatory Commission for public comment on February 2, 2004. Comments should be submitted before February 28, 2004.
   
1/21/2004 Measures on the Administration of Automotive Loans was released for public comment by China's Banking Regulatory Commission on January 21, 2004 . Comments should be submitted before February 20, 2004.
   
1/21/2004 The Measures on the Administration of Coal Export Quotas was made public by the National Development and Reform Commission on January 21, 2004. The new rule will take effect on July 1, 2004.
   
1/15/2004 The Measures on the Distribution of Revenues Derived from Interbank Bank Card Transactions within the China Unionpay System issued by the People's Bank of China on January 15, 2004. The new rule will take effect on March 1, 2004.
   
1/14/2004 A notice concerning the launching of a project on compiling and revising domestic trade industry standards was made public the Ministry of Commerce (MOFCOM) on January 13, 2004. Local authorities are required to submit their standard project plans to MOFCOM by February 29, 2004.
   
12/29/2003 The Provisional Measures on Regulation of Sponsorship System for Public Listings was issued by China's Securities Regulatory Commission. The rule will go into effect on February 1, 2004.
   
12/23/2003 The Provisional Measures on Public Administration, dated November, 25, 2003, was made public by the Ministry of Commerce.
   
12/22/2003 The Regulation on the Administration of Safety and Supervision of Ships Carrying Dangerous Goods issued by the Ministry of Communications. Dated November 30, this rule will replace a similar rule issued in 1981 and take effect on January 1, 2004.
   
12/19/2003 A rule requiring registration of overseas exporters of waste
materials to China was issued by the by Administration for Quality Supervision, Inspection and Quarantine on December 15. The rule stipulates that companies supplying waste materials to China must register with AQSIQ starting from January 1, 2004.
   
12/18/2003 A notice, mandating immediate radioactive tests on copper, zinc,
and lead concentrate imports, as well as on imports of stone materials for interior decorative purposes was issued by the by Administration for Quality Supervision, Inspection and Quarantine on December 18.
   
12/18/2003 The Catalogue of Sensitive Items and Technologies Subject to Export Licensing Management was made public by the Ministry of Commerce. Effective date is January 1, 2004.
   
12/18/2003 The Notice on Issues Concerning the Registration of Sino-Foreign Joint Venture Education Institutions issued by the Ministry of Civil Affairs on December 12, 2003.
   
12/16/2003 The Regulation on the Administration of Bonded Warehouses and Goods Held in Bonded Warehouses issued by Customs General Administration. The new rule dated December 15 will replace a similar rule issued on May 1, 1988 and take effect on February 1, 2004.
   
12/15/2003 The China’s State-owned Asset Supervision and Administration Commission Opinion on the Standardization of state-owned enterprise was issued by State-owned Asset Supervision and Administration Commission on December 15, 2003.
   
12/12/2003 The (Trial) Measures on the Administration of Certification of National Electronic and Information Industrial Bases and Parks was issued by the Ministry of Information Industry. The rule dated November 26 took effect immediately.
   
12/11/2003 The 2004 Automatic Licensing Procedure for Refined Oil Product Imports Under State Trading was wade public by the Ministry of Commerce on December 11, 2003. The procedure will take effect on January 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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