Notice of the Ministry of Commerce and the General Administration of Taxation on the Financial Leasing Business of Domestic Leasing Enterprises in 7 Pilot Free Trade Zones like Liaoning

To the commerce departments and the SAT office of Liaoning Province,Zhejiang Province,Henan Province,Hubei Province,Chongqing City,Sichuan Province,Shaanxi Province and Dalian City:In order to implement the overall plan of the pilot free trade zones of Liaoning,Zhejiang,Henan,Hubei,Chongqing,Sichuan and Shaanxi(hereinafter referred to as the pilot free trade zone)and to support the financial leasing industry for active exploration and first try and to accelerate the development of the financial leasing industry,the notice is hereby issued regarding the domestic leasing enterprises in 7 free trade pilot zones engaged in financial leasing business:I.According to the Notice of the Ministry of Commerce and State Administration of Taxation on the financing lease business and other related issues(SJF[2004]No.560,hereinafter referred to as No.560),the Ministry of Commerce and the State Administration of Taxation are responsible for the confirmation of the pilot of domestic leasing enterprises engaging in financial leasing business.Since 15 June,2017,the Ministry of Commerce and the State Administration of Taxation will entrust the commerce department of the provinces and municipalities and the state administration of taxation with the confirmation of the financial leasing business pilot of the domestic leasing enterprises registered in free trade zone.The conditions and application materials of the pilot enterprises should be prepared in accordance with the document No.560.The domestic leasing enterprises not registered in the pilot free trade zone engaged in the financing lease business should be processed according to current rules and procedures.II.The provincial commerce department of the pilot free trade zone and the state administration of taxation at the same level should review the materials submitted by the pilot financing lease enterprises.The provincial commerce department and the state administration of taxation will jointly issue a notice to include the eligible enterprises into the list of domestic financing lease pilot enterprises,which will enjoy the same treatment with the domestic financing lease pilot enterprises in the list issued by the Ministry of Commerce and State Administration of Taxation.III.The provincial commerce department shall guide and supervise the pilot enterprises to submit the information through the national financing lease enterprise management information service platform(hereinafter referred to as Information service platform)and shall review such information timely;at the end of every month,the data of the enterprises included into the pilot scope should be submitted to the Ministry of Commerce and forwarded to the State Administration of Taxation;in each quarter,the pilot work progress should be submitted to the Ministry of Commerce and forwarded to the State Administration of Taxation;at the end of each year,the enterprise should be urged to fill in the annual report as soon as possible;the problems existing in the information service and information regulation should be researched timely and solved actively;and meanwhile,the problems should be reported to the Ministry of Commerce and the State Administration of Taxation.IV.According to the division of labor of the provincial people's government,the provincial commerce department should strengthen the supervision in and after the process based on industry management duties and should provide real time supervision of enterprises conducting business in accordance with the law;the combination of on-site and off-site supervision means should be applied;the role of the information service platform should be given full play;the risk monitoring,analysis and early warning should be strengthened;the regional and systemic risks should be prevented.V.The enterprises included into the pilot scope should abide by the laws,regulations,rules and the provisions of Financing Lease Enterprise Supervision and Management Measures and should accept the supervision of the competent department;and also,such enterprises should submit the information timely and accurately through the information service platform and should pay the taxes on time.For the pilot enterprises that didn't carry out the financing lease business within the fiscal year and that have the violation behavior,the provincial commerce department and the state administration of taxation at the same level should agree to the cancellation of its pilot qualifications.VI.To facilitate the regulation,if the enterprise included in the pilot scope in accordance with these requirements moves out of the free trade zone,such enterprise should re-apply for the pilot qualification as an enterprise outside the free trade zone.VII.According to the provisions of this notice,the provincial commerce department should discuss with the state administration of taxation at the same level,to develop the specific pilot confirmation measures or process,which should be announced in appropriate form.

Notice of the State Council's Measures on Promoting Foreign Investment Growth

To the people's government of the provinces,autonomous regions and municipalities,the ministries and commissions of the state council and the direct affiliated institutions:Active use of foreign investment is an important content of China's opening-up strategy.The current economic globalization presents new characteristics.China is facing new situation and new tasks in the aspect of utilization of foreign capital.To deepen the structural reform of supply side,to advance and decentralize the power,to optimize service reform and further to improve the law ruling,internationalization and facilitation of foreign investment environment in our country,the following provisions are hereby specified to promote foreign investment growth and improve the quality of foreign capital:I.Further reduce the restrictions on the foreign investment(1)Full implementing the system of national treatment before entry and the negative list management.The negative list of foreign investment tested in the pilot free trade zone should be implemented in the whole country as soon as possible;the openness,transparency and standardization of the investment environment should be further improved.(Responsible by the National Development and Reform Commission and the Ministry of Commerce)(2)Further expanding market access and opening-up scope.The special vehicle and new energy automobile manufacturing,ship design,feeder and general aircraft maintenance,international maritime transport,railway passenger transportation,gas station,business site of Internet access services,call center,performance brokerage,banking,securities and insurance industry should be open to the outside world;the opening-up timetable and road map should be clarified.(responsible by the Publicity Department of the CPC,the Office of Central Leading Group for Cyberspace Affairs,the National Development and Reform Commission,the Ministry of Industry and Information Technology,the Ministry of Transport,the Ministry of Commerce,the Ministry of Culture,the People's Bank of China,the China Banking Regulatory Commission,China Securities Regulatory Commission,China Insurance Regulatory Commission,the National Railway Administration,Civil Aviation Administration of China,China Railway Corporation)II.Developing the fiscal and taxation support policy(3)Encouraging foreign investors to continue to expand investment in China.If the foreign investors invest the profits obtained from the resident enterprise in China in the encouraged investment projects and are in conformity with the prescribed conditions,the deferred tax policy should be applied and the withholding income tax will not be charged temporarily.(Responsible by the Ministry of Finance and the State Administration of Taxation)(4)Giving play to the positive role of foreign capital in optimization of the service trade structure.The preferential policies of the enterprise income tax for the advanced service enterprises in the demonstration city of service outsourcing should be promoted to the country,to guide the foreign investment in high technology,high value-added service industry.(Responsible by the Ministry of Finance,the Ministry of Commerce and the State Administration of Taxation)(5)Promoting the combination of foreign capital and foreign investment.The related tax support policy should be developed and provided for the overseas income of Chinese resident enterprise(including multinational regional headquarters)allocated to China.(Responsible by the Ministry of Finance and the State Administration of Taxation)(6)The multinational companies should be encouraged to invest in China to set up regional headquarters.The local government should be supported to issue the policies to attract the multinational regional headquarters including the financial support and to actively participate in the global industrial structure adjustment.(Responsible by the provincial people's government)(7)Promoting the foreign investment to be transferred in the western region and the northeast old industrial base.The role of existing financial capital should be given full play,to actively support the scientific and technological innovation,ecological and environmental protection and public service development of the national development zone(Including economic and technological development zone,hi-tech industry development zone,special areas under customs supervision,etc.)in the western region and the northeast old industrial base and to improve the investment environment and the quality of capital attraction and to undertake high-level manufacturing industry transfer.(responsible by the Ministry of Science and Technology,the Ministry of Finance,the Ministry of Commerce,General Administration of Customs)(8)Supporting the construction of infrastructure for key investment platform and major projects.The provincial people's government should be encouraged to issue local government bonds to support the infrastructure construction of the national development zone,border economic cooperation zone and cross-border economic cooperation zone.The special local government bonds with the balance between the benefits and financing should be developed,to give priority to ensure the financing needs of the eligible major projects in the above areas.(responsible by the Ministry of Science and Technology,the Ministry of Finance,the Ministry of Commerce,the General Administration of Customs and the provincial people's government)III.Improving the comprehensive investment environment of national development zone(9)Giving full authority of investment management to the national development zone.The national development zone should be supported to carry out the trial reform of relatively concentrated administrative permission.The national development zone should be guided to further implement the administrative simplification,combine the simplification and administration and optimize the services reform and should play a leading role in building excellent foreign investment environment.(responsible by the SCOPSR,the Ministry of Science and Technology,the Ministry of Commerce,the General Administration of Customs and the Legislative Affairs Office of the State Council)(10)Supporting the implementation of national development zone project.Under the premise in accordance with the economic and social development planning,land use planning and overall urban planning,the priority should be given to the land for the project invested by foreign capital in the national development zone.The protection should be provided as far as possible.(the Ministry of Science and Technology,Ministry of Land and Resources,the Ministry of Housing and Urban-Rural Development,the Ministry of Commerce,the General Administration of Customs and the provincial people's government)(11)Supporting the national development zone to expand the capital introduction space.With the approval of the state council,the eligible national development zone should be allowed to adjust and expand the area;the adjacent development zones can be integrated,to establish enclave park;the inefficient used land for collection and storage should be provided with corresponding planning adjustment and approval simplification.(the Ministry of Science and Technology,Ministry of Land and Resources,the Ministry of Housing and Urban-Rural Development,the Ministry of Commerce,the General Administration of Customs and the local people's government)(12)Supporting the national development zone to improve the industrial supporting service ability.The production&service foreign-funded enterprise should be introduced in areas with ripe conditions,to carry out the pilot domestic and overseas maintenance of high technology and high added value projects and to promote the extension of processing trade in the global industrial chain and mid-range&high-end value chain.(Responsible by the Ministry of Commerce,the General Administration of Customs)IV.Facilitating the talent entry and exit(13)Improving the system of foreign talent introduction.The work permit system of foreigners coming to China should be implemented;the procedures of"notification+commitment"and"acceptance under allowable lack"should be applied,to provide convenience for foreign talent's work permit.The regulations on the foreigners working in China will be developed and issued in 2018,so as to establish the work permit system of foreign talent in China with a unified standard and normalized specification.(responsible by the Ministry of Foreign Affairs,the Ministry of Public Security,Legislative Affairs Office of the State Council and the State Administration of Foreign Experts Affairs)(14)Actively introducing the international talents.In the second half of 2017,the rules for foreign talent visa will be developed and issued,to perfect the foreign talent evaluation standard and expand the scope of the issue.The valid period of the visa for foreign talent should be extended;a long-term multiple-entry visa(5 years to 10 years)should be issued to the eligible foreigners,who may apply for the work permit and residence certificate with such visa.The regulations on permanent residence of a foreigner should be established,to clarify the conditions and procedures for a foreigner applying for permanent residence.(responsible by the Ministry of Foreign Affairs,the Ministry of Public Security,Legislative Affairs Office of the State Council and the State Administration of Foreign Experts Affairs)V.Optimizing the business environment(15)Improving the legal system on foreign investment.The unification of the laws and regulations on the domestic and foreign investment should be accelerated;the new basic law on foreign investment should be developed.The laws,regulations,rules and policy documents involving the foreign investment should be arranged;the laws and regulations or provisions not conform to the national opening-up policy should be cancelled or revised within a time limit.(Responsible by the relevant departments and the provincial people's government)(16)Improving the level of service for foreign investment.The complaint mechanism of the central and local enterprises with foreign investment should be improved;the prominent problems reflected by foreign investors should be solved through the coordination;the guarantee for the foreign investment enterprises enjoying national treatment after entry should be strengthened;the efforts should be made to build a unified open,competitive and orderly market environment.The system of directory listing for enterprises charging such as the administrative fees and government-managed funds,the enterprises management service fees by the government pricing should be established.(responsible by the National Development and Reform Commission,Ministry of Finance,the Ministry of Commerce and the provincial people's government)(17)Ensuring the free remittance of the foreign investors'profits.The profits,dividends and other investment income obtained by foreign investors in China according to law can be remitted freely in Renminbi or foreign exchange.(Responsible by the People's Bank of China and the State Administration of Foreign Exchange)(18)Deepening the management information sharing and business collaboration of enterprises with foreign investment.The"Internet+Government service"should be actively promoted;the regulatory mechanism of"Random sampling and random inspection by any inspector,and disclosure making"should be further improved;the efficient system of supervision and service in and after the process for the foreign investment should be established.The exchange and communication of the information management system between the commerce department and the administration for industry and commerce,customs department,quality inspection department and foreign exchange department should be strengthened,to realize the inter-departmental sharing information from the establishment to the operation of the foreign-funded enterprise.The new acceptance mode of"Single window and single form"for the commercial filing and business registration of the foreign-funded enterprise should be implemented.(responsible by the Ministry of Commerce,the General Administration of Customs,the State Administration for Industry and Commerce,the General Administration of Quality Supervision,Inspection and Quarantine,the State Administration of Foreign Exchange and the local people's government)(19)Encouraging the foreign investment in domestic enterprises optimize restructuring.The procedures should be simplified and the restrictions should be reduced,to support the foreign investors to set up foreign-funded enterprise in the form of acquisition.The domestic enterprises should be supported to introduce international advanced technology,management experience and marketing channels.The foreign capital should be encouraged to participate in the mixed-ownership reform of the state-owned enterprises.(responsible by the National Development and Reform Commission,the Ministry of Commerce,the State-owned Assets Supervision and Administration Commission of the State Council)(20)Improving the protection of intellectual property rights for foreign-funded enterprises.The centralized regulation should be carried out against Internet piracy and patent infringement,trademark infringement and other intellectual property rights issues,to strengthen the judicial protection and administrative law enforcement and to intensify punishment against infringement violations of the law.(Responsible by the China's Work Leading Group Office for the Campaign against IPR Infringements and Counterfeits,the State Administration for Industry and Commerce,the SAPPRFT and the State Intellectual Property Office)(21)Improving the international competitiveness of research and development environment.The convenient conditions should be created for the operation of research and development center;the import formalities of the samples and reagents for the eligible research and development center should be simplified according to law,to promote foreign r&d investment.(Responsible by the General Administration of Customs and the General Administration of Quality Supervision,Inspection and Quarantine)(22)Maintaining the stability and continuity of the policies on foreign investment.The local people's government should keep the promise made to the investors and foreign-funded enterprises in accordance with the law and should perform various types of contracts concluded in the investment promotion activities in accordance with the law.(Responsible by the provincial people's government)The local government and relevant departments should attach great importance to the utilization of foreign capital under the new situation and should actively provide cooperation according to the division of responsibilities.The Ministry of Commerce should jointly with relevant departments strengthen the supervision and inspection to ensure that all measures are implemented,to continuously highlight China's new advantage in investment introduction and to achieve stable growth by the use of foreign capital.

Overview of Henan Pilot Free Trade Zone

Overview of Henan Pilot Free Trade Zone (1)Strategic positioning Taking the institutional innovation as core and the adaptable and propagable approaches as basic requirements,advancing the building of a modern multimodal traffic and logistics network linking up the north and the south and connecting the east and the west,building Henan Pilot Free Trade Zone into a modern comprehensive transportation hub,an all-round reform and opening-up pilot area and an inland open economy demonstration zone to serve“The Belt and Road”initiative. (2)Development goal In 3-5 years,we will make great efforts to establish an innovative system meeting international general rules for investment and trade,shape a law-based,international,convenient business environment,and build a high-level and high-standard free trade zone which enjoys facilitated investment and trade,agglomerated high-end industries,convenient transportation and logistics,efficient supervision and remarkable radiation and driving effects,advancing the transformation and development of inland economy,as well as the building of new opening-up pattern in all aspects. (3)Location and layout Zhengzhou Area focuses on the development of modern manufacturing,such as intelligent terminal,advanced equipment,automobile making and bio-pharmaceuticals,and modern services,such as modern logistics,international business,cross-border e-commerce,modern finance,service outsourcing,creative design,commerce exhibition and cartoon&game.Meanwhile,Zhengzhou Area will push forward system and mechanism reform to promote the coordinated development of transportation and logistics and make investment and trade here more convenient,build an international multimodal transport and logistics center,and play its role of modern comprehensive transportation hub serving“the Belt and Road”Initiative; Kaifeng Area gives priority to the development of service outsourcing,medical tourism,creative design,cultural media,cultural finance,artwork trading and modern logistics.Meanwhile,Kaifeng Area will deepen the international cooperation and trade in equipment manufacturing and agricultural and sideline products processing,build a platform for international cultural trade and tourism,and create a service&trade innovation area and a cultural opening pilot area to promote the integrated development of international culture and tourism. Luoyang Area concentrates on the development of advanced manufacturing,such as equipment manufacturing,robots and new materials,and modern services,such as R&D and design,e-commerce,service outsourcing,international cultural tourism,cultural creativity,cultural trade and cultural presentation.Meanwhile,Luoyang Area will increase the abilities in transformation and upgrading of equipment manufacturing and in international capacity cooperation,build an international intelligent manufacturing demonstration area,and push forward the building of inheritance area of Huaxia(Chinese)Civilization. (4)Main pilot tasks and measures As for main tasks and measures,five aspects such as transformation of government functions,investment,trade,finance and transportation&logistics hub serving“the Belt and Road”Initiative are put forward. Firstly,speed up the transformation of government functions.Deepen the reform of the administrative system to streamline administration,delegate more powers,improve regulation,and provide better services;improve the market supervision mechanism,and promote the management focus from prior approval to operational and post-operational oversight over business.Increase the efficiency of administrative service,release the lists of all powers and responsibilities of administrative departments,and create law-based,international and convenient business environment. Secondly,deepen the opening in investment.Make better use of overseas investment,put into force across the board the management system for pre-establishment national treatment plus a negative list,and build the operational and post-operational oversight over business that are compatible with the negative list management.Further reduce or cancel the admission restriction on foreign investment to increase the openness and transparency.Build a platform for cooperation in foreign investment,reform the management mode of investment abroad,and support investment of enterprises in foreign countries. Thirdly,promote trade transformation and upgrading.Pursue the integrated development of domestic and foreign trade,advance the transformation and upgrading of trade modes,and shape a standardized and efficient trade facilitation environment.Improve the carrier of foreign trade development,create new trade modes and actively cultivate new forms and functions of business to form a new competitive advantage which takes technology,standard,brand,quality and service as the core.Create new supervision and management mechanism of customs clearance to improve the efficiency of customs clearance and inspection clearance and to avoid the quality and safety risks. Fourthly,deepen the opening and innovation in the finance.Enlarge the opening up in the finance both internally and externally,expand functions of financial service,promote the innovation of cross-border financing and investment,and establish and improve the financial risk prevention and control system.Learn from the experience of the existing free trade zones based on the development needs of cross-border e-commerce and multimodal transport.Place priority on the reform and innovation in the introduction of foreign financial institutions and expansion of cross-border investment and financing. Fifthly,enhance functions of the transportation&logistics hub serving“the Belt and Road”Initiative.Improve the transportation&logistics system,advance the development of multimodal transport,and carry out key procedures to serve“the Belt and Road”Initiative.Smooth the international transportation and logistics channels,improve the domestic land and air cluster network,pilot the multimodal transport,expand the openness of aviation service,promote economic innovation and development of inland ports,and promote the integrative development of international medical and tourism industry.Establish and improve the cooperation mechanism with key countries along the“the Belt and Road”routes,and create new strengths for cooperation and exchange.

Regulations For Registering To Mining Mineral Resources

Article 1 These regulations are formulated , in accordance with the Mineral Resources Law of the People’s Republic of China, in an effort to strengthen the administration of mineral mining, safeguard the lawful rights and interests of concessioner, maintain the mining order, and promote the wise development of the mining industry.Article 2 these regulations shall be observed in mining mineral resources within the territory of the people’s republic of China and other sea areas under its jurisdiction.Article 3 prior to mining mineral resources, each mining project shall be examined, approved, registered and licensed by the department in charge of geology and mineral resources under the State Council. This includes: (1)those mineral resources within state-planned mining areas or within mining areas that of great value to the national economy; (2)those mineral resources in the territorial sea or other marine areas under China’s jurisdiction; (3)mining by foreign investment for mineral resources; and (4)those mineral resources in the Appendix attached to those regulations. Mining projects for petroleum and /or gas shall be examined and approved by the organization designated by the State Council, and then registered and licensed by the department in charge of geology and mineral resources under the State Council. Prior to mining mineral resources, certain mining projects shall be examined, approved, registered and licensed by the department in charge of geology and mineral resources under the people’s government of provinces, autonomous regions and municipalities directly under the Central Government. This includes: (1) mining for mineral resources that beyond the prescription of the first and second paragraphs of this Article and whose mineral reserves is of medium and plus scale; (2) mining for certain mineral resources for which the examination, approval and registration are conducted by the department in charge of geology and mineral resources under the people’s government of provinces, autonomous regions and municipalities directly under the Central Government. The power of examination and approval mentioned above is authorized by the department in charge geology and mineral resources under the State Council. Mining projects that are beyond the prescription of the first, second and third paragraphs of this Article shall be examined, approved, registered and licensed by the department in charge of geology and mineral resources under the people’s government at or above the county level in accordance with the provisions formulated by the standing committee of the people’s congress of provinces, autonomous regions and municipalities directly under the Central Government. If the mining areas straddle two or more administrative areas at or above the county level, mining for minerals within these areas shall be examined, approved, registered and licensed by the licensing authorities in common at next higher administrative level for areas concerned. Immediately upon the issuance of the mining licenses, the department responsible for geology and mineral resources under the people’s government at or above the county level, shall file with the department responsible for geology and mineral resources under the people’s government at the next higher level.Article 4 Prior to submitting the application for mining rights, the mining-rights applicant shall apply for demarcation of mining areas by the licensing authorities. This demarcation shall be based on an approved Geological Exploration Report containing mineral reserves information. If there is a need to establish a mining enterprise or to apply to set up a project, the relevant procedures shall be carried out in accordance with the relevant provisions of the State based on the mining area demarcated.Article 5 In applying for mining license, the mining-rights applicant shall present following materials to the licensing authorities: (1) an application form for registration and a drawing or map showing the mining areas; (2) documents of proof showing the qualifications of the mining-rights applicant; (3) a development plan and a utilization proposal for the mineral resources in the demarcating area; (4) approval documents from the relevant departments, when establishing certain mining enterprises that are governed by law; (5) assessment report of the impact of mineral mining on environment; and (6)materials otherwise specified by the department in charge of geology and mineral resources under the State Council. When applying for mining mineral resources within a state-planned mining area or within those mining areas which are of great value to the national economy or mining specified minerals for which the protective mining policy is prescribed by the State, the applicant shall present, in addition, the approval documents issued by the relevant departments under the State Council. If applying for mining petroleum and /or gas, the applicant shall present, in addition, the document of the State Council approving the establishment of a petroleum company or the document of the State Council permitting the petroleum and /or gas mining, and the Mining Enterprise Legal Person Certificate of the mining enterprise.Article 6 The licensing authorities shall, within 40 days from the receipt of an application for registration, grant or deny the application and notify mining-rights applicant of the decision. If it is necessary for the concessioner to amend or to add to the materials provided in Article 5 of this Regulation, the licensing authorities shall notify the mining-rights applicant and the materials shall be amended within a prescribed time limit. If the mining registration is approved, the mining rights applicant shall, within 30 days from the receipt of the notice, pay the mining-rights use fee (heretofore referred to as the mining fee) in compliance with the provisions of article 9 of this Regulations. If anyone applies for mining-rights in areas containing mineral deposits discovered by the State, at the State’s expense, the applicant shall pay a mining fee in accordance with the provisions of Article 9 of these Regulations. They shall also pay a reimbursement fee for mining right based on the State’s prior investment, in accordance with the provisions of article 10 of these Regulations. In addition, the applicant shall carry out the mining registration procedures and obtain the mining license before becoming the concessioner. If the mining registration is not approved, the licensing authorities shall give an explanation to mining-rights applicant.Article 7 The length of time for valid mining license shall be decided in accordance with the magnitude of the mining project. If the scope of project is large or plus, the mining license is valid for up to 30 years; for a project medium is scope, up to 20 years; for a project small in scope, up to 10 years. If there is a need to extend the time limit, the concessioner shall, within 30 days prior to the expiration of mining license, carry out the procedures regarding the extension of the registration with the licensing authorities. If the concessioner fails to carry out these procedures within the designated time limit, the relevant mining licenses shall be automatically terminated.Article 8 after issuing the mining license, the licensing authorities shall notify the relevant people’s government at the county level where the mining area is located. The relevant people’s government at the county level shall, within 90 days from the receipt of the notice, give public notice of the newly licensed mining area or the installation of land markers at the request of the concessioner.Article 9 The State shall adopt a unified system in which the mining-rights shall be paid for by the mining concessioner with a mining fee. The mining fee shall be collected on a yearly basis based on the size of the mining area. The standard of collection is 1000 RMB yuan per square kilometer per year.Article 10 If anyone applies for mining-rights to the mineral deposits already discovered by the State, at the State’s expense, the mining-rights applicant shall pay, in addition to the mining fee, a reimbursement fee for mining right which has been appraised and confirmed. The reimbursement fee for mining right may be paid in full or in installment, in compliance with the State provisions. The reimbursement fee for mining right shall be appraised by the organizations designated by the department in charge of geology and mineral resources under the State Council, jointly with the department in charge of state-owned assets under the State Council. The result of appraisal shall be confirmed by the department in charge of geology and mineral resources under the State Council.Article 11 The mining fee and the reimbursement fee for mining right shall be collected by the licensing authorities and delivered to the state budget administration. The detailed specifications for managing the use of the funds mentioned above shall be formulated by the department in charge of geology and mineral resources under the State Council, jointly with the department in charge of finance under the State Council and the department in charge of planning under the state council.Article 12 Under one of the following circumstances, the mining fee and reimbursement fee for mining right may be reduced or exempted: 1) mining mineral resources in frontier and poor areas; 2) mining mineral resources that are urgently needed by the State; 3) a force majeure such as natural disaster, etc., causes a severe loss or the suspension of production of the mining enterprise; or 4) other situations jointly specified by the department in charge of geology and mineral resources under the State Council and the department in charge of finance under the State Council. If a project falls within these guidelines, the mining concessioner may apply for a reduction or exemption of the fees. Such applications shall be examined and approved by the licensing authorities in accordance with the provisions governing reductions and exemptions of the mining fee and reimbursement fee for mining right, as formulated by the department in charge of geology and mineral resources under the State Council, jointly with the department in charge of finance under the State Council.Article 13 The mining rights may also be obtained through public bidding. The licensing authorities may select the mining areas for bid, make public invitation for bids, establish and announce bidding requirements and establish the deadlines for bids, in accordance with the limits of authorities stipulated in Article 3 of these Regulations. However, mining areas open for bid by foreign investors shall be determined by the department in charge of geology and mineral resources under the State Council. The licensing authorities shall organize the evaluation of bids and select the best offer. The successful bidder shall pay the relevant fees in compliance with the provisions of these Regulations, carry out the registration procedures and obtain the mining license before becoming the concessioner, whereupon the concessioner shall fulfill the obligation stipulated in the bid documents.Article 14 The licensing authorities shall conduct the supervision and investigation of issues regarding rational development and utilization of mineral resources, environmental protection and other obligations that shall be fulfilled within the corresponding administrative areas in accordance with law. The concessioner shall report any relevant circumstance truthfully and submit an annual report.Article 15 Under any of the following situations, the concessioner shall apply for the modification of registration with the licensing authorities within the valid term of mining license: 1) a change in the mining area; 2) a change in the key minerals to be mined; 3) a change in the mode of mining; 4) a change in the name of the mining enterprise; 5) a transfer of the mining rights upon approval in accordance with law.Article 16 If a mine is suspended or closed down within the term of a valid mining license or upon the expiration of a mining license, the concessioner shall apply for cancellation of the mining license with licensing authorities that originally issued such mining license within 30 days prior to the decision to suspend or close down a mine.Article 17 Any unit or individual who mines without a mining license, mines without authorization in a state-planned mining area, mines without authorization in a mining area that is of great value to the national economy, mines without authorization specified minerals for which protective mining policy is prescribed by the State, or mines beyond the approved limits of mining areas, shall be published by the licensing authorities in accordance with the relevant laws and administrative regulation.Article 18 Anyone who, in violation of these Regulations, does not submit an annual report, refuses to accept official supervision and examination, or employs deception or trickery, shall be ordered to stop the illegal activities, warned, and may be fined concurrently up to 50000 RMB yuan by the department responsible for geology and mineral resources under the people’s government at or above the county level in accordance with the limits of authorities prescribed by the department in charge of geology and mineral resources under the State Council. If the circumstances are serious, the mining license shall be revoked by the department that originally issued the license.Article 19 anyone who damages or moves without authorization any land markers or posts demarcating the limits of a mining area shall be ordered to return it to the original status within a time limit prescribed by the department responsible for geology and mineral resources under the people’s government at or above the county level in accordance with the limits of authorities prescribed by the department in charge of geology and mineral resources under the State Council. If the circumstances are serious, a fine of up to 30000 RMB yuan shall be imposed.Article 20 Anyone who prints a mining license without authorization, counterfeits a mining license, infringes in any way upon any existing mining license shall be in violation of the provisions of these Regulations. Any illegal proceeds shall be confiscated and concurrent fine up to 100000 RMB yuan may be imposed by the department responsible for geology and mineral resources under the people’s government at or above the county level in accordance with the limits of authorities prescribed by the department in charge of geology and mineral resources under the State Council. If the case constitutes a crime, the personnel concerned shall be investigated for criminal responsibility according to law.Article 21 Any concessioner who violates the provisions set forth in these Regulations by failing to pay the required fees at the required time shall be ordered by the licensing authorities to pay an overdue fine, in addition to the amount due. The overdue fine shall be paid within a prescribed time limit and shall be calculated at 0.2% per day on the amount in arrears, counting from the date on which the payment becomes overdue. If the fees required have not been paid within the prescribed time limit, the mining license shall be revoked by the department that originally issued the license.Article 22 Any concessioner who violates the provisions set forth in these Regulations by failing to comply with the procedures for modifying and /or canceling a registration shall be ordered by licensing authorities to comply with these procedures within a prescribed time limit. If the procedures have not been completed within the prescribed time limit, the mining license shall be revoked by the department that originally issued the license.Article 23 Any concessioner who violates the provisions set forth in these Regulations by mining petroleum and /or gas shall be given administrative penalties by the department in charge of geology and mineral resources under the State Council in accordance with the relevant stipulations.Article 24 If a mining license is revoked, the responsible concessioner shall not re-apply for these or any other mining rights for 2 years from the date on which the mining license was revoked.Article 25 Any personnel with licensing authorities who act illegally or abuse their power for personal gains, or neglect their duties shall be investigated. If the behavior constitutes a crime, the personnel concerned shall be investigated for criminal responsibility according to law. If the behavior does not constitute a crime, the personnel concerned shall be given administrative penalties.Article 26 Mining license shall be printed exclusively by the department in charge of geology and mineral resources under the State Council. The form of the application for registration, the application to modify a registration, and the application for termination a registration shall be exclusively formulated by the department in charge of geology and mineral resources under the State Council.Article 27 Every concessioner shall pay a registration fee in compliance with the provisions. The standard for collecting these fees and the specifications for managing the use of these fees shall be determined by the department in charge of price under the State Council, jointly with the department in charge of geology and mineral resources under the State Council and department in charge of finance under the State Council.Article 28 These Regulations shall be applied to any foreign investor mining mineral resources. If there are special stipulations prescribed in other laws or administrative regulations governing foreign investment in mining mineral resources, such stipulations shall be given priority.Article 29 if a Chinese mining concessioner wishes to included a foreign investor in a mineral resources mining project, the Chinese partner shall be responsible for submitting the materials that describe the cooperative effort, such as the size of mining area, and the minerals involved, as well as proposals for development and utilization of the proposed cooperative project, the original licensing authorities shall review the proposed cooperative project, make any restriction or suggestions and authorize the cooperative agreement, before any contract between the cooperating parties shall be deemed valid. After the agreement has been validated, the Chinese partner shall put the agreement on file with the original licensing authorities.Article 30 any mining license that was obtained before the implementation of these Regulations shall be replaced by the new mining license as exclusively organized by the department in charge of geology and mineral resources under the State Council. The mining enterprise existed before the implementation of these Regulations shall start to pay the mining fee as from the date of promulgation of these Regulations. However, the concessioner may apply for a reduction or exemption of this fee in accordance with these Regulations.Article 31 the licensing authorities shall give public notice of any mining license that has been issued or abolished.Article 32 The mining areas mentioned in these Regulations refer to a three dimensional space including the land surface area where the mineral resources can be mined, the vertical distribution of an above-ground or underground pit engineering installation, or the surface area to be removed by open stripping, as demarcated by the licensing authorities in accordance with law. The mode of mining mentioned in these Regulations refers to either underground mining or open mining.Article 33 The revision of the Appendix attached to these Regulations shall be submitted to the State Council by the department in charge of geology and mineral resources under the State Council. After the approval of the revised appendix is granted by the state Council, the department in charge of geology and mineral resources under the State Council shall be responsible for giving public notice regarding the revision.Article 34 These Regulations shall be implemented from the date of promulgation and shall replace the following publications, as of that date (1) Interim measures for administration of mining registration for mining enterprises owned by the whole people issued by the state Council on 29 April, 1987, and (2) Decision of the State Council regarding the Revision of the interim measures for administration of the mining registration for the Mining enterprises owned by the Whole People, issued by the State Council on 22 November, 1990.

Regulations for Transferring Exploration Rights and Mining Rights

Article 1 These Regulations are formulated in accordance with the Mineral Resources Law of the People’s Republic of China, in an effort to strengthen the administration of the transfer of exploration rights and mining rights, safeguard the lawful rights and interests of the exploration licensees and concessioners and promote the wise development of the mining industry.Article 2 These Regulations shall be observed in the transfer of exploration and mining rights that have been obtained in accordance with law within the territory of the people’s Republic of China and other sea areas under its jurisdiction.Article 3 Exploration rights and mining rights shall not be transferred except under the following circumstances, subject to approval in accordance with law: 1) The exploration licensee has the right to carry out exploration activities within the designated exploration areas and has the privileged priority to obtain the mining rights to the mineral resources in this exploration area. The exploration licensee may transfer the exploration rights to others upon meeting the minimum exploration expenditure requirements. 2) A mining enterprise has already obtained the mining rights but needs to change the ownership of these mining rights for a variety of reasons: a) the enterprise has been merged or split b) the enterprise enters into equity joint ventures or cooperative joint ventures with others; c) the enterprise sells its enterprise assets; or d) other situations that will lead to the alteration of enterprise property ownership.Article 4 The transfer of exploration rights and mining rights shall be examined and approved by the department in charge of geology and mineral resources under the people’s government of provinces, autonomous regions and municipalities directly under the central Government. The department in charge of geology and mineral resources under the State Council shall be responsible for the examination and approval of the transfer of the exploration rights and mining rights that have been examined, approved and licensed by the department itself. The transfer of exploration rights and mining rights beyond the prescription of the second paragraph of this Article shall be examined and approved by the department in charge of geology and mineral resources under the people’s government of provinces, autonomous regions and municipalities directly under the Central Government.Article 5 Any exploration licensee who wishes to transfer the exploration rights shall meet the following requirements: 1) 2 years or more have passed since the date of issue of the exploration license, or the mineral resources already located are worthy of further exploration or mining; 2)the minimum exploration expenditure requirements have been met; 3)the licensee has undisputed ownership of the exploration rights; 4)the exploration fee and any reimbursement fee for exploration right have been paid in accordance with the provisions of the State; and 5)other requirements otherwise specified by the department in charge of geology and mineral resources under the state Council.Article 6 Any mining concessioner who wishes to transfer mining rights shall meet the following requirements: 1)one year or more have passed since the mining enterprise began mining; 2)the mining concessioner has undisputed ownership of the mining rights; 3)the mining fee and any reimbursement fee for mining right, the mineral resources compensation and resource tax have been paid in accordance with relevant provisions of the State; and 4)other requirements specified by the department in charge of geology and mineral resources under the state Council. Any State-owned mining enterprise shall get consent from the department in charge of that mining enterprise prior to the application for transferring the mining rights.Article 7 the assignee of the transfer of exploration rights and mining rights shall meet the relevant requirements provided in regulations for Registering to explore for Mineral resources Using the Block System and Regulations for Registering to Mine mineral Resources.Article 8 The exploration licensee or mining concessioner shall present the following materials to the licensing authorities when applying to transfer exploration rights or mining rights: 1)an application for transfer; 2）a transfer contract signed by the transferor and assignee; 3)documents of proof showing the qualifications of the assignee 4)documents of proof showing that the requirements provided in Articles 5 and 6 of these Regulations have been met by the transferor; 5)a report detailing the status of the exploration an /or mining projects: and 6)the relevant materials otherwise specified by the examining and approving agency. If a state-owned enterprise wishes to transfer exploration rights and/or mining rights, the approval documents issued by the relevant departments shall be presented to the licensing authorities.

Trademark Law of the People’s Republic of China

Chapter l General ProvisionsArticle 1 This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use trademarks, and of encouraging producers and operators to guarantee the quality of their goods and services and maintaining the reputation of their trademarks, with a view to protecting the interests of consumers, producers and operators and to promoting the development of the socialist market economy.Article 2 The Trademark Office of the administrative authority for industry and commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country.The Trademark Review and Adjudication Board, established under the administrative authority for industry and commerce under the State Council, shall be responsible for handling matters of trademark disputes.Article 3 Registered trademarks mean trademarks that have been approved and registered by the Trademark Office, including trademarks, service marks, collective marks and certification marks; the trademark registrants shall enjoy the exclusive right to use the trademarks, and be protected by law.Said collective marks mean sings which are registered in the name of bodies, associations or other organizations to be used by the members thereof in their commercial activities to indicate their membership of the organizations.Said certification marks mean signs which are controlled by organizations capable of supervising some goods or services and used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.Regulations for the particular matters of registration and administration of collective and certification marks shall be established by the administrative authority for industry and commerce under the State Council.Article 4 Any natural person, legal entity or other organization intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by it or him, shall file an application for the registration of the trademark with the Trademark Office. Any natural person, legal entity or other organization intending to acquire the exclusive right to use a service mark for the service provided by it or him, shall file an application for the registration of the service mark with the Trademark Office.The provisions set forth in this Law concerning trademarks shall apply to service marks.Article 5 Two or more natural persons, legal entities or other organizations may jointly file an application for the registration for the same trademark with the Trademark Office, and jointly enjoy and exercise the exclusive right to use the trademark.Article 6 As for any of such goods, as prescribed by the State, that must bear a registered trademark, a trademark registration must be applied for. Where no trademark registration has been granted, such goods cannot be marketed.Article 7 Any user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative authorities for industry and commerce at different levels shall, through the administration of trademarks, stop any practice that deceives consumers.Article 8 In respect of any visual sign capable of distinguishing the goods or service of one natural person, legal entity or any other organization from that of others, including any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colours, and their combination, an application may be filed for registration.Article 9 Any trademark in respect of which an application for registration is filed shall be so distinctive as to be distinguishable, and shall not conflict with any prior right acquired by another person.A trademark registrant has the right to use the words of "registered trademark" or a symbol to indicate that his trademark is registered.Article 10 The following signs shall not be used as trademarks:(1) those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People's Republic of China, with names of the places where the Central and State organs are located, or with the names and designs of landmark buildings;(2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except that the foreign state government agrees otherwise on the use;(3) those identical with or similar to the names, flags or emblems or names, of international intergovernmental organizations, except that the organizations agree otherwise on the use or that it is not easy for the use to mislead the public;(4) those identical with or similar to official signs and hallmarks, showing official control or warranty by them, except that the use thereof is otherwise authorized;(5) those identical with or simi1ar to the symbols, or names, of the Red Cross or the Red Crescent;(6) those having the nature of discrimination against any nationality;(7) those having the nature of exaggeration and fraud in advertising goods; and(8) those detrimental to socialist morals or customs, or having other unhealthy influences.The geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical terms as have otherwise meanings or are a part of collective marks/or a certification marks shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.Article 11 The following signs shall not be registered as trademarks:(1) those only comprising generic names, designs or models of the goods in respect of which the trademarks are used; -(2) those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademarks are used; and(3) those lacking distinctive features.The signs under the preceding paragraphs may be registered as trademarks where they have acquired the distinctive features through use and become readily identifiable.Article 12 Where an application is filed for registration of a three-dimensional sign as a trademark, any shape derived from the goods itself, required for obtaining the technical effect, or giving the goods substantive value, shall not be registered.Article 13 Where a trademark in respect of which the application for registration is filed for use for identical or similar goods is a reproduction, imitation or translation of another person's trademark not registered in China and likely to cause confusion, it shall be rejected for registration and prohibited from use.Where a trademark in respect of which the application for registration is filed fdr use for non-identical or dissimilar goods is a reproduction, imitation or translation of the well-known mark of another person that has been registered in China, misleads the pub1ic and is likely to create prejudice to the interests of the well-known mark registrant, it shall be rejected for registration and prohibited from use.Article 14 Account shall be taken of the fol1owing factors in establishment of a well-known mark:(l) reputation of the mark to the relevant public;(2) time for continued use of the mark;(3) consecutive time, extent and geographical area of advertisement of the mark;(4) records of protection of the mark as a well-known mark; and(5) any other factors relevant to the reputation of the mark.Article 15 Where any agent or representative registers, in its or his own name, the trademark of a person for whom it or he acts as the agent or representative without authorization therefrom, and the latter raises opposition, the trademark shall be rejected for registration and prohibited from use.Article 16 Where a trademark contains a geographic indication of the goods in respect of which the trademark is used, the goods is not from the region indicated therein and it misleads the public, it shall be rejected for registration and prohibited from use; however, any trademark that has been registered in good faith shall remain valid.The geographic indications mentioned in the preceding paragraph refer to the signs that signify the place of origin of the goods in respect of which the signs are used, their specific quality, reputation or other features as mainly decided by the natural or cultural factors of the regions.Article 17 Any foreign person or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principles of reciprocity.Article 18 Any foreign person or foreign enterprise intending to apply for the registration of a trademark or for any other matters conceming a trademark in China sha1l appoint any of such organizations as designated by the State to act as its or his agent.Chapter II AppIication for Trademark RegistrationArticle 19 An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be used.Article 20 Where any applicant for registration of a trademark intends to use the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.Article 21 Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration shall be filed.Article 22 Where the sign of a registered trademark is to be altered, a new registration shall be applied for.Article 23 Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.Article 24 Any aPp1icant for the registration of a trademark who files an application for registration of the same trademark for identica1 goods in China within six months from the date of filing the first application for the trademark registration overseas may enjoy the right of priority in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle whereby each acknowledges the right of priority of the other.Anyone claiming the right of priority according to the preceding paragraph shall make a statement in writing when it or he files the application for the trademark registration, and submit, within three months, a copy of the application documents it or he first filed for the registration of the trademark; where the applicant fails to make the claim in writing or submit the copy of the application documents within the time limit, the claim shall be deemed not to have been made for the right of priority.Article 25 Where a trademark is first used for goods in an international exhibition on sponsored or recognized by me Chinese Government, the applicant for the registration of the trademark may enjoy the right of priority within six months from the date of exhibition of the goods.Anyone claiming the right of priority according to the preceding paragraph shall make a claim in writing when it or he files the application for the registration of the trademark, and submit, within three months, documents showing the title of the exhibition in which its or his goods was displayed, proof that the trademark was used for the goods exhibited, and the date of exhibition; where the claim is not made in writing, or the proof documents not submitted within the time limit, the claim shall be deemed not to have been made for the right of priority.Article 26 The matters reported and materials submitted in the application for trademark registration shall be true, accurate and complete.Chapter lII Examination for and ApprovaI of Trademark RegistrationArticle 27 Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.Article 28 Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.Article 29 Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published.Article 30 Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed after the expiration of the time limit from the publication, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.Article 31 An application for the registration of a trademark shall not create any prejudice to the prior right of another person, nor unfair means be used to pre-emptively register the trademark of some reputation another person has used.Article 32 Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days from receipt of the notice, file an application with the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision and notify 'the applicant in writing.Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board may, within thirty days from receipt of the notice, institute legal proceedings in the People's Court.Article 33 Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published, the Trademark Office shall hear both the opponent and applicant state facts and grounds, and shall, after investigation and verification, make a decision. Where any party is dissatisfied, it or he may within fifteen days from receipt of the notification, apply for a reexamination, and the Trademark Review and Adjudication Board shall make a decision and notify both the opponent and applicant in writing.Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board within thirty days from the date of receipt of the notice, may institute legal proceedings in the People's Court. The People's Court shall notify the other party to the trademark reexamination proceeding to be a third party to the litigation.Article 34 Where the interested party does not, within the statutory time limit, apply for the reexamination of the adjudication by the Trademark Office or does not institute legal proceedings in respect of the ad judication by the Trademark Review and Ad judication Board, the adjudication takes effect.Where the opposition cannot be established upon ad judication, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published; where the opposition is established upon adjudication, the registration shall not be approved.Where the opposition cannot be established upon ad judication, but the registration is approved, the time of the exclusive right the trademark registration applicant has obtained to use the trademark is counted from the date on which the three months expires from the publication of the preliminary examination.Article 35 Any application for trademark registration and trademark reexamination shall be examined in due course.Article 36 Where any trademark registration applicant or registrant finds any obvious errors in the trademark registration documents or application documents, it or he may apply for correction thereof The Trademark Office shall ex officio make the correction according to law and notify the interested party of the correction.The error correction mentioned in the preceding paragraph shall not relate to the substance of the trademark registration documents or application documents.Chapter IV RenewaI, Assignment and Licensing of Registered TrademarksArticle 37 The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.Article 38 Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at the expiration the grace period, the registered trademark shall be cancelled.The period of validity of each renewal of registration shaIl be ten years.Any renewa1 of registration shall be published after it as been approved.Article 39 Where a registered trademark is assigned, the assignor and assignee shall conclude a contract for the assignment, and jointly file an application with the trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.The assignment of a registered trademark shall be published after it has been approved, and the assignee enjoys the exclusive right to use the trademark from the date of publication.Article 40 Any trademark registrant may, by signing a trademark license contf8ct, authorize other persons to use his registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered Trademark is used.Where any party is authorized to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods that bear the registered trademark.The trademark license contract shall be submitted to the Trademark Office for record.Chapter V Adjudication of Disputes Concerning Registered TrademarksArticle 41 Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark in question; and any other organization or individual may request the Trademark Review and Ad judication Board to make an adjudication to cancel such a registered trademark.Where a registered trademark stands in violation of the provisions of Articles l3, l5, l6 and 3l of this Law, any other trademark owner concerned or interested party may, within five years from the date of the registration of the trademark, file a request with the Trademark Review and Adjudication Board for adjudication to cancel the registered trademark. Where a well-known mark is registered in bad faith, the genuine owner thereof shall not be restricted by the five-year limitation.In addition to those cases as provided for in the preceding two paragraphs, any person disputing a registered trademark may, within five years from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication.The Trademark Review and Adjudication Board shall, after receipt of the application for adjudication, notify the interested parties and request them to respond with arguments within a specified period.Article 42 Where a trademark, before its being approved for registration, has been the object of opposition and decision, no application for adjudication may be filed based on the same facts and grounds.Article 43 After the Trademark Review and Adjudication Board has made an adjudication either to maintain or to cancel a registered trademark, it shall notify the interested parties of the same in writing.Any interested party who is dissatisfied with the adjudication made by the Trademark Review and Adjudication Board may, within thirty days from the date of receipt of the notice, institute legal proceedings in the People's Court. The People's Court shall notify the other party of the trademark adjudication proceeding to be a third party to the legal proceedings.Chapter Vl Administration of the Use of TrademarksArticle 44 Where any person who uses a registered trademark has committed any of the following, the Trademark Office shall order him to rectify the situation within a specified period or even cancel the registered trademark:(1) where a registered trademark is altered unilaterally (that is, without the required registration);(2) where the name, address or other registered matters concerning the registrant of a registered trademark are changed unilaterally (that is, without the required application ),(3) where the registered trademark is assigned unilaterally (that is, without the required approval); or(4) where the use of the registered trademark has ceased for three consecutive years.Article 45 Where a registered trademark is used in respect of the goods that have been roughly or poorly manufactured, or whose superior quality has been replaced by inferior quality, so that consumers are deceived, the administrative authorities for industry and commerce at different levels shall, according to the circumstances, order rectification of the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine, and the Trademark Office may even cancel the registered trademark.Article 46 Where a registered trademark has been cancelled or has not been renewed at the expiration, the Trademark Office shall, during one year from the date of the cancellation or removal thereof, approve no application for the registration of a trademark that is identical with or similar to the said trademark.Article 47 Where any person violates the provisions of Article 6 of this Law, the local administrative authority for industry and commerce shall order him to file an application for the registration within a specified period, and may, in addition, impose a fine.Article 48 Where any person who uses an unregistered trademark has committed any of the following, the local administrative authority for industry and commerce shall stop the use of the trademark, order him to rectify the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine:(1) where the trademark is falsely represented as registered;(2) where any provision of Article 10 of this Law is violated; or(3) where the manufacture is of rough or poor quality, or where superior quality is replaced by inferior quality, so that 'consumers are deceived.Article 49 Any party dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen days from receipt of the corresponding notice, apply for a review. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.Any interested party dissatisfied with the decision by the Trademark Review and Adjudication Board may, within thirty days from the date of receipt of the notice, institute legal proceedings in the People's Court.Article 50 Any party dissatisfied with the decision of the administrative authority for industry and commerce to impose a fine under the provisions of Article 45, Article 47 or Article 48 may, within fifteen days from receipt of the corresponding notice, institute legal proceedings with the People's Court. If there have been instituted no legal proceedings or made no performance of the decision at the expiration of the said period, the administrative authority for industry and commerce may request the People's Court for compulsory execution thereof.Chapter VlI Protection of the ExcIusive Rights to Use Registered TrademarksArticle 51 The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in respect of which the use of the trademark has been approved.Article 52 Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:(1) to use a trademark that is identical with or similar to a registered trademark in respect of the identical or similar goods without the authorization from the trademark registrant;(2) to sell goods that he knows bear a counterfeited registered trademark;(3) to counterfeit, or to make, without authorization, representations of a registered trademark of another person, or to sell such representations of a registered trademark as were counterfeited, or made without authorization;(4) to replace, without the consent of the trademark registrant, its or his registered trademark and market again the goods bearing the replaced trademark; or(5) to cause, in other respects, prejudice to the exclusive right of another person to use a registered trademark.Article 53 Where any party has committed any of such acts to infringe the exclusive right to use a registered trademark as provided for in Article 52 of this Law and has caused a dispute, the interested parties shall resolve the dispute through consultation; where they are reluctant to resolve the matter through consultation or the consultation fails, the trademark registrant or interested party may institute legal proceedings in the People's Court or request the administrative authority for industry and commerce for actions. Where it is established that the infringing act is constituted in its handling the matter, the administrative authority for industry and commerce handling the matter shall order the infringer to immediately stop the infringing act, confiscate and destroy the infringing goods and tools specially used for the manufacture of the infringing goods and for counterfeiting the representations of the registered trademark, and impose a fine. Where any interested party is dissatisfied with decision on handling the matter, it or he may, within fifteen days from the date of receipt of the notice, institute legal proceedings in the People's Courtaccording to the Administrative Procedure Law of the People's Republic of China. If there have been instituted no legal proceedings or made on performance of the decision at the expiration of the said period, the administrative authority for industry and commerce shall request the People's Court for compulsory execution thereof. The administrative authority for industry and commerce handling the matter may, upon the request of the interested party, medicate on the amount of compensation for the infringement of the exclusive right to use the trademark; where the medication fails, the interested party may institute legal proceedings in the People's Court according to the Civil Procedure Law of the People's Republic of China.Article 54 The administrative authority for industry and commerce has the power to investigate and handle any act of infringement of the exclusive right to use a registered trademark according to law; where the case is so serious as to constitute a crime, it shall be transferred to the judicial authority for handling.Article 55 When investigating and handling an act suspected of infringement of a registered trademark, the administrative authority for industry and commerce at or above the county level may, according to the obtained evidence of the suspected violation of law or informed offence, exercise the following functions and authorities:(1 ) to inquire of the interested parties involved, and to investigate the relevant events of the infringement of the exclusive right to use the trademark;(2) to read and make copy of the contract, receipts, account books and other relevant materials of the interested parties relating to the infringement;(3) to inspect the site where the interested party committed the alleged infringement of the exclusive right to use the trademark; and(4) to inspect any articles relevant to the infringement; any articles that prove to have been used for the infringement of another person's exclusive right to use the trademark may be sealed up or seized.When the administrative authority for industry and commerce exercises the preceding functions and authorities, the interested party shall cooperate and help, and shall not refuse to do so or stand in the way.Article 56 The amount of damages shall be the profit that the infringer has earned because of the infringement in the period of the infringement or the injury that the infringee has suffered from the infringement in the period of the infringement, including the appropriate expenses of the infringee for stopping the infringement.Where it is difficult to determine the profit that the infringer has earned because of the infringement in the period of the infringement or the injury that the infringee has suffered from the infringement in the period of the infringement, the People's Court shall impose an amount of damages of no more than RMB 500, 000 yuan according to the circumstances of the infringement.Anyone who sells a goods that it or he does not know has infringed the exclusive right to use a registered trademark, and is able to prove that it or he has obtained the goods legitimately and indicates the supplier thereof shall not bear the liability for damages.Article 57 Where a trademark registrant or interested party who has evidence to show that another person is committing or will commit an infringement of the right to use its or his registered trademark, and that failure to promptly stop the infringement will cause irreparable damages to its or his legitimate rights and interests, it or he may file an application with the People's Court to order cessation of the relevant act and to take measures for property preservation before instituting legal proceedings in the People's Court.The People's Court handling the application under the preceding paragraph shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of the People's Republic of China.Article 58 In order to stop an infringing act, any trademark registrant or interested party may file an application with the People's Court for preservation of the evidence before instituting legal proceedings in the People's Court where the evidence will possibly be destroyed or lost or difficult to be obtained again in the future. The People's Court must make adjudication within forty-eight hours after receipt of the application; where it is decided to take the preservative measures, the measures shall be executed immediately. The People's Court may order the applicant to place guaranty; where the applicant fails to place the guaranty, the application shall be rejected.Where the applicant institutes no legal proceedings within fifteen days after the People's Court takes the preservative measures, the People's Court shall release the measures taken for the preservation.Article 59 Where any party uses, without the authorization from the trademark registrant, a trademark identical with a registered trademark, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.Where any party counterfeits, or makes, without authorization, representations of a registered trademark of another person, or sells such representations of a registered trademark as were counterfeited, or made without authorization, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.Where any party sells goods that he knows bear a counterfeited registered trademark, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.Article 60 The State functionaries for the registration, administration and reexamination of trademarks must handle cases according to law, be incorruptible and disciplined, devoted to their duties and courteous and honest in their provision of service.The State functionaries of the Trademark Office and the Trademark Review and Adjudication Board and those working for the registration, administration and reexamination of trademarks shall not practice as trademark agent and engage in any activity to manufacture and market goods.Article 61 The administrative authority for industry and commerce shall establish and amplify its internal supervision system to supervise and inspect the State functionaries for the registration, administration and reexamination of trademarks in their implementation of the laws and administrative regulations and in their observation of the discipline.Article 62 Where any State functionary for the registration, administration and reexamination of trademarks neglects his duty, abuses his power, engages in malpractice for personal gain, handles the registration, administration and reexamination of trademarks in violation of law, accepts money or material wealth from any interested party or seeks illicit interest, which constitutes a crime, he or she shall be prosecuted for his or her criminal liabi1ity. If the case is not serious enough to constitute a crime, he or she shall be given disciplinary sanction according to law.Chapter VIII Supplementary ProvisionsArticle 63 Any application for a trademark registration and for other matters concerning a trademark shall be subject to payment of the fees as prescribed. The schedule of fees shall be prescribed separately.ArticIe 64 This Law shall enter into force on March l, l983. The "Regulations Governing Trademarks" promulgated by the State Council on April l0, l963 shall be abrogated on the same date, and any other provisions concerning trademarks contrary to this Law shall cease to be effective at the same time.Trademarks registered before this Law enters into force shall continue to be valid.