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Archive for October, 2009

Order of the People’s Bank of China

October 31st, 2009 Comments off

Order of the People’s Bank of China

The Administrative Rules for Financial Statistics which was adopted at the 26th Executive Meeting of the president of the People’s Bank of China on June 17, 2002 is hereby promulgated, and shall enter into force as of December 15, 2002.

President: Dai Xianglong

November 1, 2002

Administrative Rules for Financial Statistics

Chapter I General Provisions
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Circular of the State Administration of Taxation on Relevant Operational Issues Concerning the Income Tax of Financial and Insurance Enterprises

October 31st, 2009 No comments

Circular of the State Administration of Taxation on Relevant Operational Issues Concerning the Income Tax of Financial and Insurance Enterprises

The state tax bureaus of the provinces, autonomous regions, municipalities directly under the Central Government, and municipalities separately listed on the State plan:

In order to enhance the risk-resisting capacity of financial enterprises, to promote financial enterprises to develop soundly, and in light of the problems concerning collection of enterprise income tax reported by the localities, several policy issues concerning financial and insurance enterprises are hereby further clarified as follows:

I. Disposition of the income tax on loan interest income of financial enterprises
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Provisional Measures on Administration of Domestic Securities Investments of Qualified Foreign Institutional Investors(QFII)

October 31st, 2009 No comments

Provisional Measures on Administration of Domestic Securities Investments of Qualified Foreign Institutional Investors(QFII)

China Securities Regulatory Commission

People’s Bank of China

Decree No. 12

The “Provisional Measures on Administration of Domestic Securities Investments of Qualified Foreign Institutional Investors (QFII)”, which will come into effect from 1 December 2002, is hereby promulgated.

CSRC Chairman: Zhou Xiaochuan
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Issues Relevant to the Transfer of State-owned Shares and Legal Person Shares in Listed Companies to Foreign Investors Circular

October 27th, 2009 No comments

Issues Relevant to the Transfer of State-owned Shares and Legal Person Shares in Listed Companies to Foreign Investors Circular

With the approval of the State Council, we hereby notify you of issues relevant to the transfer of State-owned shares and legal person shares in listed companies to foreign investors, in order to introduce advanced foreign management experience, technology and funds, to increase the pace of adjustment of the economic structure, to refine the corporate governance structure of listed companies, to increase international competitiveness, to protect the lawful rights and interests of investors and to promote the healthy development of the securities market.

1. The following principles shall be observed in the transfer of State-owned shares and legal person shares in listed companies to foreign investors:

(1) observe State laws and regulations, safeguard national economic security and the public interest, prevent the erosion of State assets and maintain social stability;
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Interim Measures for Joint Annual Inspection of Overseas Investment

October 27th, 2009 No comments

Interim Measures for Joint Annual Inspection of Overseas Investment

The Ministry of Foreign Trade and Economic Cooperation and the State Administration of Foreign Exchange

October 31, 2002

Chapter I General Provisions

Article 1 The measures are aimed to enhance the macro-control of, command the variations of, and promote the sound development of overseas investment.
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Decree of the State Economy and Trade Commission of the People’s Republic of China

October 27th, 2009 No comments

Decree of the State Economy and Trade Commission of the People’s Republic of China

The Measures for the Administration of Bid Invitation and Tendering for Bid of Fixed Asset Investment Projects of Enterprises in the Industrial and Commercial Sectors have been adopted at the directors’ executive meeting of the State Economic and Trade Commission and are hereby promulgated for effect as of December 1, 2002.

Director of the State Economy and Trade Commission: Li Rongrong

October 29, 2002
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Law of the People’s Republic of China on Evaluation of Environmental Effects

October 26th, 2009 No comments

Law of the People’s Republic of China on Evaluation of Environmental Effects

Chapter Ⅰ General Provisions

Chapter Ⅱ Evaluation of Environmental Effects of Plans

Chapter Ⅲ Evaluation of Environmental Effects of Construction Projects
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Several Questions on the Application of Law in Trial of Trademark Civil Dispute Cases Interpretation

October 26th, 2009 No comments

Several Questions on the Application of Law in Trial of Trademark Civil Dispute Cases Interpretation

In order to correctly try trademark dispute cases, and in accordance with the provisions of laws such as the PRC, Civil Law General Principles, the PRC, Contract Law, the PRC, Trademark Law, the PRC, Civil Procedure Law, etc., the following interpretations are made regarding several issues relating to the application of the law:

Article 1 The following acts constitute acts causing other harm to another’s exclusive right to use a registered trademark as set out in Item (5) of Article 52 of the Trademark Law:

1. using wording that is identical or similar to another’s registered trademark as a business name and displaying it prominently on identical or similar goods, thereby easily causing mistaken recognition on the part of the relevant public;
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Circular of the People’s Bank of China on the Qualification System and Procedures for Businesses of Foreign-funded Banks

October 26th, 2009 No comments

Circular of the People’s Bank of China on the Qualification System and Procedures for Businesses of Foreign-funded Banks

The branch banks and business departments of the People’s Bank of China:

In accordance with Articles 17, 21 of the Regulations of the People’s Republic of China on Foreign-funded Financial Institutions (Order No.340 of the State Council, hereinafter referred to as Regulations), and Articles 44, 45 and 46 of the Detailed Rules for the Implementation of the Regulations of the People’s Republic of China on Foreign-funded Financial Institutions (Order [2002] No.1 of the People’s Bank of China, hereinafter referred to as Detailed Rules), the relevant issues of qualification system and procedures for businesses of foreign-funded banks are hereby further clarified:
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Circular of the Ministry of Finance and the State Administration of Taxation on the Tax Policies for Further Encouraging the Development of Software and Integrated Circuit Industries

October 24th, 2009 No comments

Circular of the Ministry of Finance and the State Administration of Taxation on the Tax Policies for Further Encouraging the Development of Software and Integrated Circuit Industries

The finance departments (bureaus), state tax bureaus and local tax bureaus of the provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the State Plan, and the finance bureau of Xinjiang Army Corps of Production and Construction:

In order to further encourage the development of software and integrated circuit (IC) industries, the supplementary notice on the relevant preferential tax policies is hereby made as follows upon approval of the State Council and in accordance with the relevant provisions of the existing tax law:
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