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Circular of the State Administration for Industry and Commerce on the Issue of Registration and Administration of the Enlargement of Enterprises with Foreign Investment’s Right to Import and Export Operation

All authorized local industrial and commercial bureaus:

In order to execute the policies on encouraging enterprises with foreign investment to enlarge export, the departments of foreign trade and economic cooperation, taxation, customs, etc. have successively made the relevant measures according to the policies of the 2001 national foreign investment conference on permitting large enterprises with foreign investment with the annual export amount of 10 million USD or more to purchase the products not manufactured by itself for export, and permitting enterprises with foreign investment to participate in invitation for bids for export commodity quotas, as well as comprehensively implementing the encouragement of export. Among these policies, the MOFTEC distributed the Circular on the Relevant Issues concerning the Enlargement of Enterprises with Foreign Investment’s Right to Import and Export Operation (WaiJingMaoZiZi [2001] No. 62). Concerning the issues relevant to the approval and registration, we hereby notify as follows:

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Circular of the Ministry of Finance, the State Administration of Taxation and the Ministry of Foreign Trade and Economic Cooperation on the Issues of Exempting the Value-Added Tax for the Purchase of Goods in China by Gratuitous Aid Projects of Foreign Governments and International Organizations

The departments (bureaus) of finance and the state taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan, and the bureau of finance of Sinkiang Production and Construction Corps:
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Supervision of Invitation and Submission of Tenders for Major State Construction Projects Tentative Procedures

Article 1　These Procedures are formulated in accordance with the PRC, Invitation and Submission of Bids Law, the State Council General Office, Issue of the Implementation of Division of Responsibilities by the Relevant Departments of the State Council for the Administrative Supervision of Invitation and Submission of Bids Opinion Circular (Guo Ban Fa [2000] No. 34) and the Auditing Major State Construction Projects Procedures (Guo Ban Fa [2000] No. 54, State Development Planning Commission Order No. 6 of 2000) in order to strengthen supervision of invitation and submission of tenders for major State construction projects and to ensure that the invitation and submission of tenders is carried out in accordance with the law.
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Questions Concerning the Application of Law to the Pre-litigation Injunctions to Cease Infringement on Exclusive Rights to Use Registered Trademarks and Preservation of Evidence Interpretation
The following interpretation of several questions concerning the application of law to pre-litigation injunctions to cease infringement of exclusive rights to use trademarks have been formulated pursuant to the PRC, Civil Law General Principles, the PRC, Trademark Law (the Trademark Law) and the PRC, Civil Procedure Law (the Civil Procedure Law), in order to protect the lawful rights and interests of trademark registrants and interested parties:

Article 1　Pursuant to Articles 57 and 58 of the Trademark Law, a trademark registrant or interested party may apply to the people’s court for a pre-litigation injunction to cease infringement of the exclusive right to use a registered trademark or for the preservation of evidence.
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Questions Concerning the Jurisdiction and the Scope of the Application of Law to the Trial of Trademark Cases Interpretation

The Standing Committee of the National People’s Congress, Amendment of the Decision (the Trademark Law Amendment Decision) has been adopted in the 24th meeting of the 9th Standing Committee of the National People’s Congress and has been effective since 1 December 2001. The following interpretation of several questions concerning the jurisdiction and the scope of the application of law to the trial of trademark cases by the people’s courts pursuant to the PRC, Trademark Law, (the Trademark Law), the PRC, Civil Procedure Law and the PRC, Administrative Litigation Law (the Administrative Litigation Law), in order to correctly hear such cases:
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Ministry of Foreign Trade and Economic Cooperation and State Economic and Trade Commission, Administration of Technology Prohibited or Restricted from Import Procedures

Article 1　These Procedures have been formulated in accordance with the PRC, Foreign Trade Law and the PRC, Administration of Technology Import and Export Regulations in order to promote the development of China’s import of technology.

Article 2　Technology that is prohibited from import as listed in the Technology Prohibited and Restricted from Import by China Catalogue (to be promulgated separately) shall not be imported.
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Interim Measures on the Administration of the Administrative Rulings of Customs

The Interim Measures on the Administration of the Administrative Rulings of Customs, which were adopted after deliberation at the Executive Meeting of the General Administration of Customs on December 7, 2001, are hereby promulgated and shall come into force on January 1, 2002.

Director of the General Administration of Customs: Mo XinSheng

December 24, 2001
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Announcement of the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs and the State General Administration of Environmental Protection on Catalog of Goods Prohibited from Import (No.3)

Announcement [2001] No.36 of the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs and the State General Administration of Environmental Protection

December 23,2001
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Circular of the Ministry of Foreign Trade and Economic Cooperation (MOFTEC), the State Economic and Trade Commission (SETC), the Ministry of Finance (MOF), the General Administration of Customs (GAC), the State Administration of Taxation (SAT), the State Administration for Industry and Commerce (SAIC), and the State Administration of Foreign Exchange (SAFE) on Issues Related to 2002 Annual Joint Inspection over Enterp

MOFTEC, SETC, MOF, SAT, SAIC, and SAFE branches in all provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan, branch of GAC in Guangdong province, and all customs directly under GAC:

In order to further improve the annual joint inspection over enterprises with foreign investment, a circular on relevant issues is hereby given as follows:
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Circular of the General Office of the Ministry of Labor and Social Security Concerning Issues on Perfecting the Policy of Endowment Insurance of Workers in Cities and Towns

Labor and Social Security Department of Guangxi Chuang Autonomous Region:

Your department’s Request for Instructions on Whether the Bankrupted Enterprises Shall Pay Social Insurance Fees during the Period of Self-saving (GuiLaoSheBaoZi [2001] No. 25) has been received. After study, our reply is as follows:
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