RESTRICTED WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOWT/ACC/CHN/39
22 September 2000
(00-3825)
Working Party on the
Accession of ChinaOriginal:  English/
anglais/inglés
COMMUNICATION FROM CHINA
The following documents
1 dated 19 September 2000 have been received from the Chinese delegation
with the request that they be circulated to the members of the Working Party:
1. Notes of the Chinese Representative on the Legal Notification and Action Plan about the Revision of
China's Laws in Conformity with the WTO Agreement.
2. Revision of China's Laws in Conformity with the WTO Agreement:
- Part I - Laws and Administrative Regulations- Part II - Department Rules.
3. China's Laws and Administrative Regulations from January to August 2000.
2
Groupe de travail de
l'accession de la Chine
COMMUNICATION DE LA CHINE
La délégation chinoise a fait parvenir au Secrétariat, le 19 septembre 2000, les documents1 ci-après en
demandant qu'ils soient distribués aux membres du Groupe de travail:
1. Notes du Représentant de la Chine sur la notification d'instruments et le plan d'action concernant la
révision des lois de la Chine compte tenu de l'Accord sur l'OMC.
2. Révision des lois de la Chine compte tenu de l'Accord sur l'OMC:
- Partie I - Lois et règlements administratifs- Partie II - Textes émanant des services ministériels
3. Lois et règlements administratifs adoptés par la Chine entre janvier et août 2000.
2
Grupo de Trabajo sobre la
Adhesión de China
COMUNICACIÓN DE CHINA
Se han recibido de la delegación de China los siguientes documentos1, de fecha 19 de septiembre
de 2000, con el ruego de que se distribuyan a los miembros del Grupo de Trabajo:
1. Notas del representante de China sobre la Notificación Legal y Plan de Acción con respecto a la
revisión de la legislación de China en conformidad con el Acuerdo sobre la OMC.
2. Revisión de la legislación de China en conformidad con el Acuerdo sobre la OMC:
- Parte I - Leyes y reglamentos administrativos- Parte II - Normas departamentales.
3. Leyes y reglamentos administrativos de China de enero a agosto de 2000.
2
                                                     
1 In English only./En anglais seulement./ En inglés solamente.
2 Diskette containing all the texts in Chinese is available in the WTO Secretariat, Office 2140./La disquette
contenant tous les textes en chinois est disponible au Secrét ariat de l'OMC, bureau 2140./En la Secretaría de la OMC,
despacho 2140, puede consultarse un disquete que contiene todos los textos en chino.WT/ACC/CHN/39
Page 2
Notes of the Chinese Representative on the Legal Notification and Action Plan
about the Revision of China's Laws in Conformity with the WTO Agreement
19 September 2000
1. General Note
The "List of Relevant Laws and Regulations of the People's Republic of China (1949-1999)"
has been prepared in accordance with the requirements regarding the accession negotiation procedures
under Article 12" (see, WT/ACC1, 25 April 1995). It is compiled under 5 headings, i.e., Customs
Administration, Import/Export Administration, Fore ign Investment, Other Economic Legislation
Concerning Trade and Legislation Relating to Trade in Services. That List contains 177 laws andregulations, the majority of which have been transl ated into English and entered into a disk. The disk
was submitted to the Secretariat early in March 2000 for the reference of WP members. It must be
stressed that not all the laws and regulations included in that List need to be revised, as most of them
are consistent with the WTO Agreement. The Chinese Representative believes that China is very
responsible in providing legislation information. As far as we know, no other new member has eversupplied such great amount of information for this purpose.
2. Compliance of Domestic Laws with WTO Rules
Since the Reform and Opening-up in late 1970's, China has consistently paid great attention to
the harmonization of its legislation with commonly accepted international practices, including those
of the GATT/WTO. On the basis of a thorough review of all its related laws, regulations and other
legal documents, the Chinese Government has initiated an ambitious action plan to make all its
legislation in compliance with the WTO Agreement, in order that the WTO Agreement will be
implemented effectively and uniformly in China after accession. Up to this stage, 31 laws andregulations of the 177 have been identified as not fully consistent with the WTO Agreement. They
have been incorporated into a list titled "Revision of China's Laws in Conformity with the WTO
Agreement". This list will be submitted to the Working Party via the Secretariat for Members'
information. In addition, the Chinese Government has made great effort to organize various
government departments in reviewing and examinin g relevant department rules. Consequently, 120
department rules are found not fully in conformity with the WTO Agreement.  Based on the principle
of priority and according to the degree of importance or emergency, some of them are abolished, andthe rest will be either revised or invalidated. All of them have also been included in the said list. The
process of revision and invalidation is still going on.
3. Consistency of Local Regulations and Rules with Laws and Administrative Regulations
China has committed in the Draft Protocol of Accession that it will apply WTO rules within
its whole customs territory in a uniform manner. It will also ensure the consistency of domestic laws,
regulations and policy measures pertaining to or affecting trade with WTO rules. As a constitutional
principle, China will also ensure the consistency of local regulations and rules with the laws and
administrative regulations of the Central Government  through such statutory procedures as stipulated
by the Constitution and the Law on Legislation.
4. Relationship between WTO Rules and China's Domestic Law
The WTO Agreement, as an international treaty that China accedes to, surely has a binding
force on China. Under this treaty obligation, China will ensure that domestic laws and regulations
relating to or affecting trade are consistent with WTO rules to fully perform its international
obligations. China will implement the WTO Agreemen t in an effective and uniform manner, through
revising its effective domestic laws and enacting new ones being fully in compliance with the WTO
Agreement.WT/ACC/CHN/39
Page 3
5. Latest Legislation Information
In the year 2000, China has adopted 6 laws, 20 administrative regulations and 2 decisions
relating to legal issues. Of these laws and administrative regulations, some have trade relevance, whileothers do not. For the convenience of Members' information, all of them will be submitted to the
Working Party via the Secretariat. However, they are in Chinese version only.WT/ACC/CHN/39
Page 4
Revision of China's Laws in Conformity with the WTO Agreement
The People's Republic of China has conducted an intensive work programme to examine and revise the laws, administrative regulat ions and department rules
relating to the implementation of the WTO Agreement and China's accession commitments.  A list of China's laws, administrative regulations and department
rules to be revised and abolished is hereby notified to the Working Party. Part I of the list contain 31 laws and regulations, some of which has already been
included in the lists submitted to the Working Party at its June and July meetings.  Part II of the list includes 120 departmen t rules to be revised or abolished for
the same reason.  This list gives the names of laws, regulations and department rules, reasons for revision or abolishment, and  dates of implementation.
Part I:  Laws and Administrative Regulations
Laws and Regulations Relevance of the Laws or Regulations to WTO ComplianceDate of
Implementation
1. Contract Law of the People'sRepublic of ChinaThis Law was adopted in March 1999. It abolished the different systems applicable to
domestic contracts and foreign-related contracts and repealed the Economic Contract Law,
Technology Contract Law and Foreign Economic Contract Law. It provides uniform rules
for transactions, which conforms to the requirements of market economy and is consistent
with the principles of the WTO Agreement.Effective as of
1 October 1999
2. Law of the People's Republic of
China on Chinese-foreign Equity Joint
VenturesTo be in compliance with Article 2 of TRIMS and its Annex "Illustrative List", Article 9 (2)
of this Law is to be revised.
Article 9 (2) provides that, in its purchase of required raw and semi-processed materials,
fuels, auxiliary equipment, etc., an equity joint venture should give priority to purchases in
China. It may also make such purchases directly on the world market with foreign exchange
raised by it.To be revised prior to
accession
3. Regulations for the Implementationof the Law of the People's Republic of
China on Chinese-foreign Equity Joint
VenturesTo be in compliance with Article 2 of TRIMS and its Annex "Illustrative List", Articles 46,
57 and 75 of these Regulations are to be revised.
Article 46 provides that the technology transfer agreements concluded by a joint venture
shall be examined and agreed to by the department in charge of the joint venture, and then
submitted to the examining and approving authorities for approval.
Technology transfer agreements shall comply with the following stipulations:(1) Fees for the use of technology shall be fair and reasonable. Payments are generally made
in royalties, and the royalty rate shall not be higher than the international standard, whichTo be revised prior to
accessionWT/ACC/CHN/39
Page 5Laws and Regulations Relevance of the Laws or Regulations to WTO ComplianceDate of
Implementation
shall be calculated on the basis of net sales of the products turned out with the relevanttechnology or in other reasonable ways agreed upon by both parties.
(2) Unless otherwise agreed upon by both parties, the technology exporting party shall not
put any restrictions on the quantity, price or region of sale of the products that are to beexported by the technology importing party.
(3) The term for a technology transfer agreement is generally not longer than 10 years.
(4) After the expiration of a technology transfer agreement, the technology importing party
shall have the right to continue to use the technology.
(5) The exchange of information on the improv ement of the technology between the parties
shall be conditioned upon reciprocity.
(6) The technology importing party shall have the right to buy the equipment, parts and raw
materials needed from sources they deem appropriate.
(7) No irrational restrictive clauses prohibited under Chinese law and regulations shall be
included.
Article 57 prescribes that, in its purchase of required machinery, equipment, raw materials,
fuels, parts, means of transport and office equipment, etc., a joint venture has the right todecide whether it buys them in China or from abroad. However, where the terms are the
same, it shall give priority to purchasing them in China.
Article 75 stipulates that a joint venture shall in general maintain a balance between its
foreign exchange receipts and expenditures. Where a joint venture, whose products are
mainly sold on the domestic market under its approved feasibility study report and contract,sustains an imbalance of its foreign exchange receipts and expenditures, the imbalance shall
be remedied by the people's government of a relevant province, autonomous region or
municipality directly under the Central Government or the department in charge under the
State Council from their own foreign exchange  reserves. If the imbalance defies solution
through such adjustment, it shall be solved through inclusion into the plan by the MOFTEC
and the State Planning Commission of the People's Republic of China after their
examination and approval.
4. Law of the People's Republic of
China on Chinese-foreign Contractual
Joint VenturesTo be in compliance with Article 2 of TRIMS and its Annex "Illustrative List", Article 20 of
this Law is to be revised.
Article 20 provides that a contractual joint venture shall achieve on its own the balance
between its foreign exchange receipts and expenditures. If a contractual joint venture isunable to do so, it may, in accordance with relevant laws and regulations, apply to the
appropriate authorities for assistance.To be revised prior to
accessionWT/ACC/CHN/39
Page 6Laws and Regulations Relevance of the Laws or Regulations to WTO ComplianceDate of
Implementation
5. Law of the People's Republic ofChina on Foreign Capital EnterprisesTo be in compliance with Article 2 of TRIMS and its Annex "Illustrative List",
Articles 3 (1), 15 and 18 (3) are to be revised.
Article 3 (1) provides that foreign investment enterprises shall be established in such a
manner as to help the development of China's economy; they shall use advanced technologyand equipment or export all or most of their products.
Article 15 stipulates that, within the scope of businesses approved, foreign investment
enterprises may purchase, either in China or from the world market, raw and semi-processed
materials, fuels and other materials they need. Where these materials are available from
both sources on similar terms, priority should be given to purchases in China.Article 18 (3) provides that foreign investment enterprises shall manage to balance their
foreign exchange receipts and payments. If, with the approval of the competent authorities,
the enterprises market their products in China and consequently experience an imbalance in
foreign exchange, the said authorities shall help them solve the problem.To be revised prior to
accession
6. Detailed Rules for the
Implementation of the Law of the
People's Republic of China on ForeignCapital EnterprisesTo be in compliance with Article 2 of TRIMS and its Annex "Illustrative List", Articles 3
and 56 of these Rules are to be revised.
Article 3 provides that a foreign capital enterprise to be established in China must beconducive to the development of China's economy and capable of gaining remarkable
economic results. In addition, it shall meet at least one of the following conditions:
(1) The enterprise is to adopt advanced technology and equipment, engage in the
development of new products, save energy and raw materials, and realize the upgrading of
products and the substitution of them for imports.
(2) The value of annual exported products shall account for more than 50% of that of all its
products thereby realizing a balance between it s foreign exchange receipts and expenditures
or a surplus.
Article 56 stipulates that a foreign capital enterprise shall achieve by itself the balance of
foreign exchange receipts and expenditures. Where it is unable to do so, the foreign investor
shall indicate it clearly in the application for the establishment of the enterprise, and put
forward a specific plan for solving the problem; the examining and approving organ shallgive a reply after consultation with the departments concerned.
Where the foreign investor has indicated, in the application for the establishment of the
foreign capital enterprise, that the balance of foreign exchange receipts and expenditures
would be achieved by itself, no government department shall be responsible for solving the
balance problem for the said enterprise.Where the products manufactured by a foreign capital enterprise, which are urgently needed
in China and may substitute for imports, are permitted to be sold in China, the payments
may be made in foreign exchange, subject to the approval by the Chinese administration for
foreign exchange control.To be revised prior to
accessionWT/ACC/CHN/39
Page 7Laws and Regulations Relevance of the Laws or Regulations to WTO ComplianceDate of
Implementation
7. Regulations of the People's Republicof China on the Exploitation of Off-
shore Petroleum Resources in
Cooperation with Foreign EnterprisesTo be in compliance with Article 2 of TRIMS and its Annex "Illustrative List", Article 20 of
these Regulations is to be revised.
Article 20 provides that, with respect to the equipment and materials required to carry out
the petroleum contract, the operator and subcontractors must give preference to procuringand utilizing equipment and materials manufactured and supplied in the People's Republic
of China, provided that those products are competitive.To be revised
according to the
agreed timetable after
accession
8. Regulations of the People's Republicof China Concerning the Exploitation of
On-shore Petroleum Resources in
Cooperation with Foreign EnterprisesTo be in compliance with Article 2 of TRIMS and its Annex "Illustrative List",
Article 22 (1) of these Regulations is to be revised.
Article 22 (1) provides that, given equal conditions in and outside China, the operators shall
to the extent possible give preference to purchase in China the machinery, equipment, rawmaterials, accessories, means of transportation and office furniture required for the
petroleum operations.To be revised
according to the
agreed timetable after
accession
9. Interim Provisions on Guiding
Foreign InvestmentTo be in compliance with Article 2 of TRIMS and its Annex "Illustrative List", Article 11 of
these Provisions and the Catalogue for the Guidance of Industries for Foreign Investment
are to be revised.
Article 11 provides that, restricted foreign investment projects (A) within the scope
specified in subparagraph (1) of Article 6, if their export sales of products account for over70 percent of the total sales of products may be, with due approval, deemed as permitted
foreign investment projects, and shall not be subject to the restriction of Article 9 of these
Provisions. Restrictions may be appropriately relaxed to the above mentioned foreign
investment projects that can really make full use of the superiority in resources in the Mid-
West, and conform to the industrial policies of the State.To be revised
according to the
agreed timetable after
accession
10. Foreign Trade Law of the People's
Republic of ChinaTo be in compliance with China's commitments, Article 105 of this Law is to be revised.
Article 9 provides that foreign trade operators handling the import and export of goods or
technologies must satisfy the following conditions, and obtain the permission from the
competent department in charge of foreign economic relations and trade under the State
Council:
(1) having their own names and organizational structures;
(2) having clear-cut business scopes of foreign trade;
(3) having premises, funds and professionals needed for the foreign trade business they areengaged in;
(4) having fulfilled the required performance or having necessary sources of goods for
import and export in the case of entrusting others to handle imports and exports; and
(5) other conditions provided by laws and administrative rules and regulations.
The measures for the implementation of the provisions of the preceding paragraph shall beTo be revised
according to the
agreed timetable after
accessionWT/ACC/CHN/39
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Implementation
formulated by the State Council.Enterprises with foreign investment shall be free from obtaining the permission as stipulated
in the first paragraph of this Article, if they, in accordance with the laws and administrative
rules and regulations governing enterprises with foreign investment, import non-productivegoods for their own use, or necessary equipment, raw materials and other goods for their
production, or export their own products.
11. Regulations of the People's Republic
of China on Anti-dumping andCountervailing MeasuresThe present Chinese Anti-Dumping and Countervailing Duty Regulation is rather general.
Some articles of 1994 WTO Anti-Dumping Agreement were not incorporated into thatregulation. The revision will bring the Chinese regulation fully in conformity with the WTO
Anti-Dumping Agreement.To be revised prior to
accession
12. Interim Measures for ImportAdministration of Machinery and
Electronic ProductsTo be in compliance with the principles of GATT 1994, the provisions on quota, approval,
registration and other measures concerning the import of important machinery and
electronic products (including spinning machines) in these Measures are to be revised.To be revised
according to the
agreed timetable after
accession
13. Customs Law of the People's
Republic of ChinaThe Amendment of this Law was adopted on July 8, 2000, which conforms to the
Agreement on Implementation of Article VII of GATT 1994, the Agreement on Rules of
Origin and TRIPS.
Article 38 of the old Customs Law stipulated that the duty-paying value of an import item
shall be its normal CIF price, which shall be approved by the Customs; the duty-paying
value of an export item shall be its normal FOB price, which shall be approved by the
Customs, minus the export duty. Where it is im possible to ascertain the CIF or FOB prices,
the duty-paving value of an import or export item shall be fixed by the Customs. The duty-
paying value of an inward or outward article shall be fixed by the Customs.
This Article is changed to be Article 55 in the new Customs Law. It stipulates that the duty-paying value of an import or export item shall be examined and determined by the Customs,
on the basis of the transaction value of these goods. Where it is impossible to determine the
transaction value, the duty-paying value shall be fixed by the Customs according to the law.
The duty-paying value of an import item shall include the price of the goods, freight and
other related charges as well as insurance prem iums incurred prior to the unloading of the
goods at the port of entry within the territory of the People's Republic of China; the duty-
paying value of an export item shall include the price of the goods, freight and other relatedcharges as well as insurance premiums incurred prior to the loading of the goods at the port
of exit in the territory of the People's Republic of China, but the amount of the export dutiesTo be effective as of
1 January 2001WT/ACC/CHN/39
Page 9Laws and Regulations Relevance of the Laws or Regulations to WTO ComplianceDate of
Implementation
included therein shall be deducted. The duty-paying value of an inward or outward articleshall be determined by the Customs according to law.
Moreover, the provisions on the determination of origin of goods and the protection of
intellectual property relating to imports or exports are added respectively to Articles 41 and25 of the new Customs Law.
Article 41 provides that the origin of imports or exports shall be determined in accordance
with the provisions of the rules of the State on origin.
Article 25 prescribes that Customs shall protect intellectual property relating to imports or
exports in accordance with the provisions of laws and administrative regulations. Where itis necessary to declare the intellectual property rights relating to imports or exports to the
Customs, the consignor of the inward or outward goods or his agents shall, in accordance
with the State provisions, truthfully do so and provide the documents certifying his
legitimate use of the intellectual property.
For the relevant rules of the State on origin, see Item 15 in this Table. For the relevant
Customs protection of intellectual property, see Item 22 in this Table.
14. Regulations of the People's Republicof China on Import and Export DutiesArticles 10, 11, 15, 16 and 17 of these Regulations are to be revised, in order that they are in
compliance with the provisions of the Agreement on Implementation of Article VII of
GATT 1994, which concerns the basis of customs valuation as well as the methods and
procedures to determine the transaction value,
Article 10 provides that the dutiable value of the goods to be imported shall be assessedaccording to the CIF price based on the normal transaction price verified by Customs. The
CIF price shall cover the price of the goods, packing charges, freight, insurance premiums
and other service charges incurred prior to the unloading of the goods at the port of entry in
the territory of the People's Republic of China.
Article 11 stipulates that, if through examinat ion, unable to determine the CIF price of an
imported item, Customs shall assess its dutiable value based successively on the following
prices:(1) the transaction price of an item equivalent or similar to and from the same country or
region of origin as, the imported item;
(2) the transaction price on the international market of an item equivalent or similar to the
imported item;
(3) the wholesale price on the domestic market of an item equivalent or similar to theimported item, minus import duty, other import-linked taxes or duties and the post-import
transport, storage and business costs and after-profit price;
(4) a price valued by Customs using other reasonable methods.
Article 15 prescribes that the dutiable value of the goods to be imported shall include feesTo be revised
according to the
agreed timetable after
accessionWT/ACC/CHN/39
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Implementation
for patents, trademarks, copyright, proprietary technology, computer software, information,etc., which are incurred in relation to the said imports and paid to foreign parties in order
that the goods may be manufactured, used, published or distributed domestically.
Article 16 provides that the dutiable value of goods to be exported for sale abroad shall beidentical to the FOB price of the goods with export duties deducted. The above FOB price
shall be subject to the examination and approval of the Customs. If unable to determine the
FOB price of the exported goods, Customs shall assess the dutiable value.
Article 17 provides that the consignee and consignor of imports or exports or their agents
shall accurately declare the transaction price of the said imports or exports. If the declaredtransaction price is significantly lower or higher than the transaction price of equivalent or
similar goods, Customs shall determine the dutiable value pursuant to the provisions of
these Regulations.
15. Rules of the People's Republic of
China on the Origin of Export
CommoditiesTo be in compliance with the Agreement on Rules of Origin, the Rules of the People's
Republic of China on the Origin of Export Commodities and the Interim Provisions of the
Customs of the People's Republic of China on the Origin of Import Commodities are to berevised and incorporated into one single uniform Rules of Origin of the People's Republic of
China.To be revised
according to the
agreed timetable afteraccession
16. Law of the People's Republic ofChina on the Quarantine of Imported
and Exported Animal and PlantTo be in compliance with the Agreement on the Application of Sanitary and Phytosanitary
Measures and its three Annexes, the provisions concerning the inspection and approval
procedures of this Law are to be revised.To be revised as early
as possible after
accession
17. Regulations for the Implementation
of the Law of the People's Republic of
China on the Quarantine of Imported
and Exported Animal and PlantTo be in compliance with the Agreement on the Application of Sanitary and Phytosanitary
Measures and its three Annexes, these Regulations will be revised correspondingly, after the
Law of the People's Republic of China on the Quarantine of Imported and Exported Animal
and Plant is revised.To be revised as early
as possible after
accession
18. Regulations of the People's Republicof China on SafeguardsTo be in compliance with the Agreement on Safeguards, these Regulations are to be
formulated.To be revised as early
as possible after
accession
19. Regulations of the People's Republicof China on the Administration ofFinancial Institutions with Foreign
CapitalTo be in compliance with the principles and rules of GATS, the provisions of these
Regulations not adaptable to business operations of financial institutions with foreigncapital in China are to be revised.To be revised
according to theagreed timetable after
accessionWT/ACC/CHN/39
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Implementation
20. Regulations of the People's Republicof China on Travel AgenciesTo be in compliance with the principles and rules of GATS, Article 16 of these Regulations
is to be revised.
Article 16 provides that applicants wishing to establish Chinese-foreign equity or
contractual joint-venture travel agencies shall, after they apply for approval according to the
relevant provisions of the State Council, follow the procedures provided for in the relevant
laws and administrative regulations.To be revised
according to the
agreed timetable after
accession
21. Law of the People's Republic ofChina on Import and Export InspectionTo be in compliance with the principles of GATS and the Agreement on Technical Barriers
to Trade, Article 6 of this Law is to be revised.
Article 6 provides that inspection on import and export commodities performed by the
commodity inspection authorities shall include the quality, specification, quantity, weight,packaging and requirements for safety and hygiene.
Import and export commodities governed by compulsory standards or other inspection
standards that must be complied with as provided for by laws or administrative regulations
and rules, shall be inspected in accordance with such standards. In the absence of such
stipulations, import and export commodities shall be inspected in accordance with thestandards agreed upon in the foreign trade contracts.To be revised
according to the
agreed timetable after
accession
22. Law of the People's Republic of
China on Pharmaceutical
AdministrationThis Law stipulates that only those pharmaceuticals that have been inspected by the
pharmaceuticals inspection authorities and satisfied the requirements are permitted to
import. Pharmaceuticals produced by domestic enterprises can be sold if they have been
inspected by the enterprise that produced them and satisfied the requirements.
Article 2 of the Agreement on Technical Barriers to Trade requires that technical
regulations and standards be equally applied to both domestic and foreign enterprises.
To be in compliance with these provisions, the State Council submitted a draft Amendmentto this Law to the Standing Committee of the National People's Congress for review in
August 2000. It intends to accord equal treatment to both foreign and domestic
pharmaceuticals and to delete the provisions in relation to the thorough inspection of
imported pharmaceuticals. But a few types of pharmaceutical that are highly dangerous and
detrimental to human heath, no matter they are foreign or domestic, must be inspected. Thepharmaceuticals that cannot pass the inspection cannot be sold or imported.To be revised as early
as possible after
accession
23. Copyright Law of the People's
Republic of ChinaTo be in compliance with Article 11 of TRIPS, the Copyright Law is to be revised and the
rental rights in respect of computer programs and cinematographic works are to be protected
by it.To be revised as early
as possible after
accessionWT/ACC/CHN/39
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Implementation
24. Regulations for the Implementationof the Copyright Law of the People's
Republic of ChinaTo be in compliance with Article 11 of TRIPS, these Regulations will be revised
correspondingly, after the revision of the Copyright Law of the People's Republic of China
is conducted.To be revised as early
as possible after
accession
25. Regulations for the Protection of
Computer SoftwareTo be in compliance with Article 10 of TRIPS, Articles 15 and 24 of these Regulations are
to be revised.Article 15 provides that the term of protection of software copyright shall be 25 years,
expiring on the 31st of December of the twenty-fifth year after the first publication of the
software. Before the expiration of the term, the software copyright holder may apply to the
software registration authorities for extending the protection by 25 years, but the term of
protection may not exceed 50 years at the longest.The term of protection for the right of a software developer shall be unlimited.
Article 24 prescribes that the registration of the copyright of software with the software
registration and administration authorities is the prerequisite to initiate an eventual
administrative settlement or a lawsuit concerning a dispute over the rights of the software in
accordance with these Regulations.The certificate of registration issued by the software registration and administration
authorities is preliminary evidence for proving the validity of the software copyright or the
reliability of the facts described in the application documents for the registration.To be revised as early
as possible afteraccession
26. Trademark Law of the People'sRepublic of ChinaSince the Trademark Law has no detailed provisions on the protection of well-known
trademarks, the State Administration for Industry and Commerce of the People's Republic
of China promulgated the Interim Measures on Recognition and Administration of
Trademarks. The Trademark Law stipulates that the reexamination decision made by theTrademark Review and Adjudication Board is final.
To be in compliance with Articles 16 and 42 of TRIPS, this Law will be revised. The
revised law will include provisions for the protection of well-known trademarks and permit
judicial review of the reexamination decisions made by the Trademark Review and
Adjudication Board.To be revised as early
as possible after
accession
27. Detailed Rules for theImplementation of the Trademark Law
of the People's Republic of ChinaTo be in compliance with Articles 16 and 42 of TRIPS, these Rules are to be revised
correspondingly, after the revision of the Trad emark Law of the People's Republic of China
is conducted.To be revised as early
as possible after
accessionWT/ACC/CHN/39
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Implementation
28. Regulations of the People's Republicof China on the Protection of
Intellectual Property by the CustomsThese Regulations were made in June 1995, being in compliance with the provisions of
TRIPS concerning border measures for the protection of intellectual property rights.Effective as of
1 October 1995
29. Regulations of the People's Republicof China on the Protection of NewVarieties of PlantsThese Regulations were made in March 1997, being in compliance with Article 27 of
TRIPS concerning the protection of plant varieties.Effective as of
1 October 1997
30. Patent Law of the People's Republic
of ChinaThe Patent Law has no provisions on the prevention of offering for sale. It only permits
judicial review of the reexamination decision on the patent right concerning an invention
made by the Patent Reexamination Board and stipulates that the reexamination decision on
the patent right concerning a utility model or design made by the Patent Reexamination
Board is final.To be in compliance with Articles 28 and 42 of TRIPS concerning the prevention of
offering for sale and civil judicial procedures respectively, an amendment to this Law was
adopted by the National People's Congress on 25 August 2000. This amendment includes
provisions for the prevention of offering for sale and permits judicial review of the
reexamination decisions on all patent rights, including those concerning a utility model ordesign made by the Patent Reexamination Board.To be effective as of
1 July 2001
31. Detailed Rules for theImplementation of the Patent Law of the
People's Republic of ChinaTo be in compliance with Articles 28 and 42 of TRIPS concerning the prevention of
offering for sale and civil judicial procedures respectively, these Rules are to be revised
correspondingly, after the amendment of the Patent Law of the People's Republic of China
is adopted by the Legislature.To be revised as early
as possible after
accessionWT/ACC/CHN/39
Page 14Part II:  Department Rules
Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
1. Notice on Printing and PublishingInterim Regulations on the Automatic
Registration of Self-operating Import
or Export Right of Manufacturing
Enterprises in Special Economic
ZonesChina's commitments (right to trade): without prejudice to China's right to administer trade
in the way in conformity with the WTO Agreement, China will, within three years after
entry into force of the Protocol, liberalize the availability and scope of right to trade so that
all enterprises within China will have the right to conduct the trade of all goods within the
Chinese territory,
Provisions to be revised: the whole text.To be revised as early
as possible after
accession
2. Notice on the Relevant Issues
Concerning the Establishment of
Import and Export Companies by
Manufacturing EnterprisesChina's commitments (right to trade): without prejudice to China's right to administer trade
in the way in conformity with the WTO Agreement, China will, within three years after
entry into force of the Protocol, liberalize the availability and scope of right to trade so that
all enterprises within China will have the right to conduct the trade of all goods within the
Chinese territory,
Provisions to be revised: the whole text.To be revised as early
as possible after
accession
3. Notice on the Relevant IssuesConcerning Granting Self-operating
Import or Export Right to EnterprisesConducting Overseas Processing and
Assembling Projects with Chinese
MaterialsChina's commitments (right to trade): without prejudice to China's right to administer trade
in the way in conformity with the WTO Agreement, China will, within three years after
entry into force of the Protocol, liberalize the availability and scope of right to trade so thatall enterprises within China will have the right to conduct the trade of all goods within the
Chinese territory,
Provisions to be revised: the whole text.To be revised as early
as possible after
accession
4. Notice on the Relevant IssuesConcerning the Adjustment ofQualifications for Enterprises to
Apply for Right to Operate Import or
Export and the Intensification of
Follow-up AdministrationChina's commitments (right to trade): without prejudice to China's right to administer trade
in the way in conformity with the WTO Agreement, China will, within three years afterentry into force of the Protocol, liberalize the availability and scope of right to trade so that
all enterprises within China will have the right to conduct the trade of all goods within the
Chinese territory,
Provisions to be revised: the whole text.To be revised as early
as possible afteraccession
5. Notice of Interim Provisions on
Administration of Operation of Export
in Crude Oil and Refined OilTo be in compliance with the WTO principle of state trading, to revise the whole text of this
Notice.To be revised
according to the
agreed timetable afteraccessionWT/ACC/CHN/39
Page 15Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
6. Notice on Publishing the List of
Companies Operating the Import of
Sugar and Plant OilTo be in compliance with the WTO principle of state trading, to publish the list of the
enterprises which are verified by the State to be qualified for operating the import of sugar
and plant oil, to revise the whole text of this Notice.To be revised
according to the
agreed timetable afteraccession
7. Notice on Issues ConcerningAdministration of Import of High
Temperature Fans for Cement Kilns
and Other ProductsTo be in compliance with the WTO principle of MFN, to revise the provisions that the
products imported through international invitation of bids will be subject to preferential
tariff rates.To be revised as early
as possible after
accession
8 Interim Measures on Administration
of Trade of Technology Introduction
and Equipment Import INo measures that are not in conformity with the WTO agreement shall be imposed on
import of goods.
Provisions to be revised: the applicable scope.To be revised as early
as possible after
accession
9. Interim Measures on Administrationof Chinese-foreign Cooperative
Accounting FirmsTo be in compliance with our commitments made in WTO accession negotiations, to revise
the relevant provisions, i.e. foreign investors will be allowed to set up partnership
accounting firms.To be revised
according to the
agreed timetable after
accession
10. Several Provisions on theEstablishment of Advertising
Enterprises with Foreign InvestmentTo be in compliance with our commitment concerning advertising, to revise Article 2 of
these Provisions.
Article 2 provides that advertising enterprises with foreign investment mentioned in theseProvisions refer to Chinese-foreign equity or contractual joint advertising enterprises in
China.To be revised
according to the
agreed timetable afteraccession
11. Provisions on the Examination andApproval of the Establishment of
Import and Export Commodities
Inspection Companies with Foreign
InvestmentTo be in compliance with our commitments concerning technical test and analysis services,
and freight inspection (not including mandatory inspection), to revise Article 3 and 6 of
these Provisions.
Article 3 provides that foreign investors are permitted to set up Sino-foreign equity or
contractual import and export commodities inspection companies within the Chinese
territory, but no wholly foreign-owned import and export commodities inspectioncompanies are permitted to be set up.
Article 6 provides that the minimum registered capital of an import and export commodities
inspection company with foreign investment shall be US$500,000.To be revised
according to the
agreed timetable after
accession
12. Provisions on Examination and
Approval of International Goods
Shipping Agency Enterprises with
Foreign InvestmentTo be in compliance with our commitments concerning courier services, customs
declaration and freight forwarding agency, to revise Article 4 and 7 of these Provisions.
Article 4 provides that Foreign companies or enterprises may establish international goods
shipping agency enterprises with foreign invest ment within the Chinese territory in the form
of equity joint ventures or contractual joint ventures. The ratio of investment contributed byTo be revised
according to the
agreed timetable after
accessionWT/ACC/CHN/39
Page 16Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
the Chinese party to a join venture shall not be less than 50%.
Article 7 provides that the same foreign party to a joint venture who has invested in an
international goods shipping agency enterprise within the Chinese territory but has managedit less than five years shall not invest in another international goods shipping agency
enterprise.
13. Notice on Printing and Publishing
the Principles and Procedures for
Examination and Approval of Some
Enterprises with Foreign InvestmentTo be in compliance with our commitments concerning investment examination and
approval principles and procedures, to revise the whole text.To be revised upon
accession
14. Notice on the Several Issues
Concerning Strict Examination,
Approval, Verification and Issuing ofImport and Export Licenses for
Enterprises with Foreign InvestmentTo be in compliance with the WTO rules on right to trade, to revise Article 3 of this Notice.
Article 3 provides that enterprises with foreign investment are not allowed to purchase
products for export without authorization and any such action once proved should beregarded as illegal operation. If it is necessary to purchase products for export in order to
keep the balance of foreign exchange, this matter shall be submitted for approvals in
accordance with relevant regulations of the State.To be revised
according to the
agreed timetable afteraccession
15. Notice on the Application for
Licenses for Import of Automobiles
for Production Purpose by Chinese-foreign Equity and Contractual Joint
VenturesTo be in compliance the Agreement on Import Licensing Procedures, to revise Article 2 of
this Notice.
Article 2 provides that import licenses shall be obtained by Chinese-foreign equity orcontractual joint ventures to import automobiles for production of domestic sale products
and the Customs will release the imports on the strength of the licenses issued by MOFTEC.To be revised as early
as possible after
accession
16. Notice on Relevant IssuesConcerning the Import of the State
Uniformly Operated Commodities by
Enterprises with Foreign InvestmentTo be in compliance with the principle of national treatment, to revise the whole text of this
Notice.To be revised upon
accession
17. Notice on the Printing andPublishing the Interim Measures on
Administration of Import Quota
Concerning the Processing Trade byEnterprises with Foreign Investment
Using Imported Raw Materials such as
Sugar, Cotton, Vegetable Oil and
WoolTo be in compliance with our commitment concerning tariff quota and the Agreement on
Import Licensing Procedures, to revise the whole text of the Notice.To be revised upon
accessionWT/ACC/CHN/39
Page 17Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
18. Implementing Rules on
Administration of Import by
Enterprises with Foreign InvestmentTo be in compliance with our commitment concerning tariff quota and the Agreement on
Import Licensing Procedures, to revise the whole text of these Rules.To be revised as early
as possible after
accession
19. Implementing Measures for theApplication of Import Licenses byEnterprises with Foreign InvestmentTo be in compliance with the WTO rules on non-tariff barriers, to revise the whole text of
these Measures.To be revised upon
accession
20. Provisions on Administration of
International Shipping AgencyTo be in compliance with our commitment made in WTO accession negotiations, it is
allowed to establish shipping agencies in the form of Chinese-foreign equity joint venture,
to revise the whole text of these Provisions.To be revised as early
as possible  after
accession
21. Provisions on Administration ofInternational Liner ShippingTo be in compliance with our commitment that no restrictions will be imposed on the liner
and non-liner shipping services by foreign vessels calling at the Chinese ports, to revise the
whole text of these Provisions.To be revised as soon
as possible after
accession
22. Interim Provisions on
Administration of Projects
Establishment and Approval of
Foreign Investment in RoadTransportationTo be in compliance with China's commitmen t that wholly foreign-owned road cargo
transport enterprises will be allowed to be established no later than 1 January 2003, the last
sentence of Article 2 of these Provisions which provides that wholly foreign-owned road
transport enterprises will not be approved generally, is to be revised. For the same reason, asubparagraph that reads as "foreign investment projects dealing with the expressway
passenger transport", will be added to the second paragraph of Article 4 of these Provisions.To be revised in the
second half of the
year 2000
23. Notice on Printing and Publishing
the Measures for Administration of
Qualifications of City Planning and
Designing UnitsThe original Measures restricted enterprise s with foreign investment to enter Chinese
drawing up market of urban planning, thus to revise Article 11 of these MeasuresTo be revised in the
year of 2000
24. Provisions on the Examination andApproval of the Establishment of
Chinese-Foreign Engineering
Design InstitutionsThe original Provisions do not permit wholly foreign-owned enterprises to enter Chinese
architectural design market, thus (1) to add the provisions on administration of wholly
foreign-owned design enterprises. (2) to add the detailed conditions of qualifications of
design institutions with foreign investment. (3) to clarify that the design documents shouldbe signed by China registered professionals..To be revised as early
as possible after
accession
25. Provisions on Administration of
Maintenance and Repairs of UrbanPassenger VehiclesThe conditions of market access are not in conformity with our commitmentto revise
Article 7 of these Provisions.Article 7 provides that a unit applying to operate the business of maintenance and repairs of
city passenger vehicles must submit an application to the competent department of public
transportation by holding a certificate issued by its higher unit in charge.To be revised upon
accessionWT/ACC/CHN/39
Page 18Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
26. Implementing Measures for the
Regulations on Administration of
PesticidesTo be in compliance with our commitment in the negotiations to amend or annul
stipulations of designated operation, to revise Article 20 of these Measures.To be revised
according to the
agreed timetable afteraccession
27. Measures for Administration ofBiological Products for AnimalsTo be in compliance with our commitment in the negotiations to amend or annul
stipulations of designated operation, to revise Article 13 of these Measures.To be revised
according to the
agreed timetable after
accession
28. Measures on Administration ofAcquacultural FryTo protect fishery resources and be in compliance with the international conventions such as
Convention on Biodiversity, to add provisions on exchange of acquacultural resources and
introduction of new species.To be revised in June
2001
29. Measures for Administration ofthe Wholesale, Retail, Lease and
Projection of Audio and Video
ProductsTo be in compliance with our commitment to  allow foreign businessmen to engage in
distribution of audio and video products, to revise Article 11 and 17 of these Measures.To be revised upon
accession
30. Notice on Relevant IssuesConcerning Online Dealing in Audio
and Video ProductsTo be in compliance with our commitment to  allow foreign businessmen to engage in
distribution of audio and video products, to revise Article 4 of these Measures.To be revised upon
accession
31. Measures for Administration ofArt Products BusinessTo be in compliance the principle of national treatment, to revise Article 7 of these
Measures.To be revised upon
accession
32. Measures for Administration of
Import of  Audio and Video ProductsTo be in compliance with our commitment to  allow foreign businessmen to engage in
distribution of audio and video products, to revise Article 9 and 10 of these Measures.To be revised upon
accession
33. Provisions on  Environmental
Management of the First Import of
Chemicals and the Import and Export
of Toxic ChemicalsTo be in compliance with the principle of national treatment with respect to the import
registration procedures, to revise the provisions on the procedures for registration of the first
import such as Article 9, 10 and 11.To be revised
according to the
agreed timetable after
accession
34. Implementing Rules of Customs ofthe People's Republic of China on
Protection of Intellectual Property
Rights(1) The time limit provided is too short and very much different from that as required by
TRIPS, thus to revise Article 21 of these Measures.
(2) Counterfeit and pirated products cannot be released after Customs' retention, thus to
revise Article 24 of these Measures.(3) It is unreasonable for the rights-holder to bear expenses, thus to revise Article 29.To be revised as early
as possible after
accessionWT/ACC/CHN/39
Page 19Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
35. Measures of the Customs of the
People's Republic of China on
Assessment of Duty-paying Value ofImport and Export GoodsTo be in compliance with the Agreement on Implementation of Article VII of GATT 1994
to revise the whole text of these Measures.To be revised upon
accession
36. Regulations of the Customs of the
People's Republic of China on the
Administration of
Collection of Duties and TaxesTo be in compliance with the Agreement on Implementation of Article VII of GATT 1994
to revise Article 8 of these Measures.To be revised upon
accession
37. Notice on Issuing Charges Itemsand Standards for On-water Security
SupervisionTo be in compliance with the principle of national treatment, to revise Article 2 (II)-9-2 and
(IV)-5 of the Attachment to this Notice.To be revised as early
as possible after
accession
38. Notice on Issuing AdministrativeCharge Items and Standards in
Agriculture SystemTo be in compliance with the principle of national treatment, to revise Article 3, 4 and 6 of
Attachment V; Article 16 of Attachment XIV a nd Article 6 (I) of Attachment XVIII to this
Notice.To be revised as early
as possible after
accession
39. Notice on Adjusting Pesticides
Registration Fee StandardTo be in compliance with the principle of national treatment, to revise Article 1 of this
Notice.To be revised as early
as possible after
accession
40. Notice on Collection of AdoptionRegistration FeeTo be in compliance with the principle of national treatment, to revise Article 1(I), (II), (III)
and (V) of this Notice.To be revised as early
as possible after
accession
41. Accounting System of FinancialInsurance EnterprisesTo be in compliance with the principle of national treatment, to revise the applicable scope
of this System and specify that this System should also be applicable to foreign and foreign
investment financial enterprises.To be revised as early
as possible after
accession
42. Interim Measures on  Audit of theState-owned Enterprises' Annual
Accounting Statements by Certified
Public AccountsArticle 20 of these Measures is a restriction on market access and shall be revised. To be revised as early
as possible after
accession
43. Notice on Issuing Administrative
Charge Items and Standards in Civil
Administration SystemTo be in compliance with the principle of national treatment, to revise Article 3 of this
Notice.To be revised as early
as possible after
accession
44. Opinions of EstablishingEnterprises Supplementary Pension
Insurance SystemTo be in compliance with our commitment made in the negotiations of services in trade, to
revise Article 17 of these Opinions.
Article 17 provides that enterprises may, on their own, choose the institutions to deal with
supplementary pension insurance, but may not choose overseas financial institutions.To be revised
according to the
agreed timetable after
accessionWT/ACC/CHN/39
Page 20Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
45. Measures for Administration of
Foreign Representative Securities
Institutions Stationed in ChinaTo be in compliance with our commitment that the representative offices stationed in China
established by foreign securities institutions may become special members of all Chinese
exchanges, to revise Article 2,14 and 26 of these Measures.To be revised upon
accession
46. Measures on Supervision and
Administration  of the Import andExport of Boilers and Pressure VesselsThe duties and functions of relevant departments have been adjusted and the inspection
procedures have been changed thus the provisions on the division of duties and functionsamong relevant departments and the inspection procedures will be revised.To be revised in the
year of 2001
47. Catalogue of Import and ExportCommodities Subject to QuarantineInspection by Exit and Entry
Quarantine Inspection InstitutionsTo be in compliance with the relevant WTO ru les, to revise the catalogue of import and
export commodities subject to mandatory inspection.To be revised as early
as possible afteraccession
48. Implementing Rules for the Noticeon Relevant Issues Concerning
Strengthening the Administration of
Tire IndustryTo be in compliance with Article 3 of TRIMS concerning export performance , to revise:
(1) Article 9 of these Rules. Article 9 provides that the foreign party to the joint venture
must have advanced production technology and independent channel of international
distributions and the proportion of exported products of the joint venture shall be no lessthan that of equity the foreign party holds.
(2) Article 13 of these Rules. Article 13 provides that the proportion of exported tires shall
be no less than that of equity the foreign party holds after the joint venture increases its
capitals and the proportion of exported tires shall be no less than 70% after wholly foreign-
owned enterprise increases its capitals.To be revised as early
as possible after
accession
49. Implementing Rules for theMinistry of Chemical Industry to
Carry out the Regulations onAdministration of PesticidesTo be in compliance with TRIMS, to revise Article 5 of these Measures.
Article 5 provides that pesticides enterprises with foreign investment must introduce
advanced technology and the projects that only provide funds but not introduce newtechnology are not allowed.To be revised as early
as possible after
accession
50. Implementing Plans for
Technology Innovation, Design
Optimization, Localization and Low
Investment of Ne w Type Dry-Method
Cement Production LineTo be in compliance with the basic principl es of the WTO Agreement, to revise the
provisions of these Plans concerning localization.To be revised as early
as possible after
accession
51. Measures for Administration ofthe Domestic Market for Imported
WinesTo be in compliance with our commitment that imported wines will enjoy the national
treatment one year after China's accession to the WTO, to revise the contents of these
Measures inconsistent with the national treatment.To be revised
according to the
agreed timetable after
accessionWT/ACC/CHN/39
Page 21Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
52. Notice on Printing and Publishing
the Implementing  Rules for
Administration of  the Import ofSpecific ProductsTo be in compliance with the WTO rules and our commitment, to revise the whole text of
this Notice.To be revised as early
as possible after
accession
53. Notice on Strengthening CopyrightAdministration of Audio and Video
ProductsTo be in compliance with our commitment, to revise the provisions on registration. To be revised as early
as possible after
accession
54. Measures for  Registration of
Computer Software CopyrightRelevant articles of the Regulations on Protection of Computer Software Copyright are
inconsistent with TRIPS, these Measures are auxiliary rules to the Regulations and shall berevised to be consistent with the Regulations.To be revised as early
as possible afteraccession
55. Interim Measures forAdministration of Price involving
Foreign Affairs, Fee Standards and
Price CalculationTo be in compliance with the provisions of the Pricing Law on the operators' right to make
the price, to revise the provisions of Article 3 of these Measures concerning the price
making measures by the units involving foreign affairs.Revised on
1 May 2000
56. Interim Measures on
Administration of Medicine PriceTo be in compliance with the principle of national treatment, the varieties priced by the
government are not distinguished between imported and domestically made products any
longer, and the principles and methods of price making shall be unified. The provisions ofArticles 5,7,8,9,10,14 and 16 have been revised.Revised on
20 July 2000
57. Notice on the AutomaticRegistration System of Self-Operation
Right to Trade Applying to LargeIndustrial EnterprisesChina's commitments (right to trade). With  the approval of the State Council, MOFTEC
issued the Notice on the Application of the Automatic Registration System of
Self-Operation Right to Trade to State and Collective-Owned Manufacturing Enterprises on7 December 1999. At present, the registration system of self-operation in trade applies to
manufacturing enterprises in China. The original documents have been automatically
invalidated.To be abolished upon
accession
58. Certain Rules on the
Administration of Import LicenseInconsistent with the WTO Agreement. Already abolished.
59. Notice on Summarizing the
Administration Work of Import
Licensing SystemInconsistent with the WTO Agreement. Already abolished.
60. Notice on the Categories of
Commodities Subject to Import
Licensing at PresentInconsistent with the WTO Agreement. Already abolished.WT/ACC/CHN/39
Page 22Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
61. Notice on the Import Licensing
Procedures Applying to Seven
Production Assembly Lines and SixCommoditiesInconsistent with the WTO Agreement. Already abolished.
62. Notice on the Application of
Licensing System to Imported SteelInconsistent with the WTO Agreement. Already abolished.
63. Notice on the Application of
Licensing System to Imported
PlywoodInconsistent with the WTO Agreement. Already abolished.
64. Notice on the Clarification of
Licensing Procedures Applying to
Chemical Fibre and Monoploid as
well as the Administration ofRefrigerator ImportsInconsistent with the WTO Agreement. Already abolished.
65. Notice on the Uniform
Administration of Import Licenses for
the Import of Automobiles and Their
Key Parts by MOFTECInconsistent with the WTO Agreement. Already abolished.
66. Certain Interim Rules on the
Issuance of Import DocumentsThis document contains administrative measures during the planned-economy period
manufacturing enterprises in China that no longer apply.Already abolished.
67. Rules on the Administration of
Petroleum ImportsInconsistent with the WTO Agreement. Already abolished.
68. Supplementary Notice on the
Administration of Petroleum ImportsInconsistent with the WTO Agreement. Already abolished.
69. Rules on the Administration of
Wool ImportsInconsistent with the WTO Agreement. Already abolished.WT/ACC/CHN/39
Page 23Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
70. Supplementary Notice on the
Administration of  Wool ImportsInconsistent with the WTO Agreement. Already abolished.
71. Administration Measures for the
Uniform Agency of Ordering
Imported GoodsInconsistent with the WTO Agreement. Already abolished.
72. Notice on the Publication of the
List of Enterprises Handling the
Import of Natural Rubber, Steel,
Timber, Plywood, Wool, Acrylic and
CottonInconsistent with the WTO Agreement. Already abolished.
73. Notice on the Adjustment of
Commodities Subject to Import Quota
and Licensing, and the License-
issuing AuthoritiesInconsistent with the WTO Agreement. Already abolished.
74. Notice on the Publication of
Modified List of Commodities Subject
to Ordinary Import Quota and Specific
RegistrationInconsistent with the WTO Agreement. Already abolished.
75. Notice on the Publication of the
Second List of Enterprises Handlingthe Import of Six Types of
Commodities Such as Natural Rubber,
Steel, etc..Inconsistent with the WTO Agreement. Already abolished.
76. Notice on the Publication of the
Supplementary List of Verified
Enterprises Handling Small Quantity
of Imports in Border AreasInconsistent with the WTO Agreement. Already abolished.WT/ACC/CHN/39
Page 24Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
77. Notice on Some Issues Concerning
Corporations Engaging in the Foreign
Processing and AssemblingBusinessesInconsistent with the WTO Agreement. Already abolished.
78. Notice on Certain Issues Relating
to the Operational Management of
Verified   CompaniesInconsistent with the WTO Agreement. Already abolished.
79. Notice on the Strengthening
Administration of State-restricted
Products Import with Foreign CapitalInconsistent with the WTO Agreement. Already abolished
80. Notice on the Simplification of the
Import Approving Formalities of
Certain State-restricted Mechanicaland Electronic ProductsInconsistent with the WTO Agreement. Already abolished
81. Notice on the Publication of
Certain Rules on the Import
Administration of Mechanical and
Electronic EquipmentInconsistent with the WTO Agreement. Already abolished
82. Reply to the Question Concerning
the Establishment of Commercial
Chinese-Foreign Equity (or
Cooperative) Joint Ventures andWholly Foreign-Owned Commercial
Enterprises.Inconsistent with the WTO Agreement. Already abolished.
83. Rules on the Strengthening
Administration of Imported OilThese Rules relating to the availability of import license and quota are inconsistent with the
principle of national treatment of the WTO Agreement.To be abolished upon
accession
84. Certain Rules on the Promotion of
Technology Absorption.These rules are inconsistent with the publication of local content requirement and the
prohibition of compulsory transfer of technology under the TRIMS.To be abolished upon
accessionWT/ACC/CHN/39
Page 25Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
85. Notice on the Implementation of
the Preferential Taxation Policies
Included in the "Notice Approved bythe State Council of the State
Economic and Trade Commission on
the Promotion of Technology
Absorption and Localization"Some provisions in this document are inconsistent with the prohibition of local content
requirement under the TRIMS.To be abolished upon
accession
86. Notice on the Implementation of
the Preferential Tariff Policies
Concerning the Localization of
Recordable VCRSome provisions in this document are inconsistent with the prohibition of local content
requirement under the TRIMS.To be abolished upon
accession
87. Measures on the Settlement of
Balance of Payments Problems by
Foreign Investment Enterprises
Purchasing  Domestic Products for
ExportSome provisions in this document are inconsistent with the balance of payment requirement
included in the TRIMS.To be revised
according to the
agreed timetable after
accession
88. Notice on the Export by Sino-
Foreign Equity Enterprises for
Balance of Payment PurposeSome provisions in this document are inconsistent with the balance of payment requirement
included in the TRIMS.To be revised
according to the
agreed timetable after
accession
89. Rules on the Administration andApproval of Self-Used Automobiles
Import by Foreign Investment
EnterprisesSome provisions in this document are inconsistent with the prohibition of quantitative
restrictions of GATT 1994.To be abolished as
early as possible after
accession
90. Notice on the Non-approval ofSino-foreign Joint Ventures Producing
Gloves for Labor ProtectionThe provisions of this document are outdated and not compatible with new situations. To be abolished as
early as possible after
accession
91. Notice on the Unification of Pearl
OperationsThe provisions of this document are outdated and not compatible with new situations. To be abolished as
early as possible after
accessionWT/ACC/CHN/39
Page 26Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
92. Notice on the Strengthening of the
Pearl Market AdministrationThe provisions of this document are outdated and not compatible with new situations. To be abolished as
early as possible after
accession
93. Notice on the Issuance of ExportLicense Concerning PearlsThe provisions of this document are outdated and not compatible with new situations. To be abolished as
early as possible afteraccession
94. Supplementary Notice of
MOFTEC and SAIC on the
Strengthening of the Pearl MarketAdministrationThe provisions of this document are outdated and not compatible with new situations. To be abolished as
early as possible after
accession
95. Notice on Certain Questions
Regarding the Establishment of
Foreign Investment Enterprises in the
Form of Stock CompanyReplaced by the Interim Rules on Certain Issues Relating to the Establishment of Foreign
Investment Stock Company.Already abolished.
96. Notice on Certain Questions
Regarding the Establishment of Sino-foreign Stock CompanyReplaced by the Interim Rules on Certain Issues Relating to the Establishment of Foreign
Investment Stock Company.Already abolished.
97. Notice on Certain Questions
Regarding the Examination andApproval of Sino-foreign Stock
CompanyReplaced by the Interim Rules on Certain Issues Relating to the Establishment of Foreign
Investment Stock Company.Already abolished.
98. Administrative Measures on
Agency of Technology and Equipment
Import for State-funded ProjectsNot in conformity with China's commitment on right to trade. To be abolished as
early as possible after
accession
99. Interim Rules on theAdministration of Patents in
Agriculture, Animal Husbandry andFisheriesSome provisions in this document conflict with the Patent Law. In fact, the Ministry of
Agriculture did not implement this document. Its abolishment will ensure the full
implementation of TRIPS.To be abolished as
early as possible after
accessionWT/ACC/CHN/39
Page 27Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
100. Implementing Rules on the Crop
Seeds of the Seed Administration
RegulationsSeed Administration Regulations were repealed by the promulgation of the Seed Law on 8
July 2000.To be abolished once
the Seed Law
becomes effective.
101. Interim Measures for theApproval and Administration of the
Liberalized Telecom ServicesSome provisions in this document are inconsistent with China's commitments on market
access for foreign investors to telecom industry.To be abolished as
early as possible after
accession
102. Interim Rules on the
Administration of the Liberalized
Telecom Service MarketSome provisions in this document are inconsistent with China's commitments on market
access for foreign investors to telecom industry.To be abolished as
early as possible after
accession
103. Notice on the Promulgation and
Implementation of the "Interim Rules
on the Improvement of the Car
Localization Through PreferentialTaxation Policy"Some provisions in this document are inconsistent with the TRIMS. To be abolished upon
accession
104. Notice on the Promulgation ofthe "Implementing Rules on the
Interim Rules on the Improvement of
the Car Nationalization Through
Preferential Taxation Policy"Some provisions in this document are inconsistent with the TRIMS. To be abolished upon
accession
105. Notice on the Issuance of the"Interim Rules on Promotion of
Medium-sized Bus Localization
Through Tariffs"Some provisions in this document are inconsistent with the TRIMS. To be abolished upon
accession
106. Notice on the Circulation of the"Implementing Rules on the
‘Preferential Tariff Policies
Concerning the Localization of
Recordable VCR' Issued by the
General Administration of Customs"Some provisions of this document are inconsistent with the TRIMS. To be abolished upon
accessionWT/ACC/CHN/39
Page 28Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
107. Interim Rules on Administration
of Shipping Lines Engaged in
International Maritime TransportThese Rules do not meet the need for the current sectoral administration and are
inconsistent with the WTO rules on market access.To be abolished as
soon as the
Regulations onAdministration of
International
Maritime Transport is
promulgated
108. Administration Measures on theQualifications of Foreign Construction
Enterprises Contracting Projects inChinaRestriction on the establishment of foreign construction enterprises is inconsistent with
China's commitments.To be abolished upon
accession
109. Implementing Rules on the
"Administration Rules on theQualifications of Foreign Construction
Enterprises Contracting Projects in
China"Restriction on the establishment of foreign construction enterprises is inconsistent with
China's commitments.To be abolished upon
accession
110. Certain Rules on theEstablishment of Foreign InvestmentConstruction EnterprisesThis document contains provisions of restriction on market access, so it is inconsistent with
China's commitments.To be abolished upon
accession
111. Implementing Rules on  the"Certain Rules on the Establishmentof Foreign Investment Construction
Enterprises"This document contains provisions of restriction on market access, so it is inconsistent with
China's commitments.To be abolished upon
accession
112. Interim Rules on the
Introduction, Absorption,
Development and Innovation ofTechnologies in Metallurgical
IndustrySome provisions in this document are inconsistent  with Article III of GATT 1994. To be abolished as
early as possible after
accessionWT/ACC/CHN/39
Page 29Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
113. Interim Rules on the Reliability
Test of Passenger Cars Assembled
with Localization of ImportedTechnologySome provisions in this document are inconsistent with China's commitment.  To be abolished as
early as possible after
accession
114. Interim Rules and Assessment
Provisions on the Reliability Test of
Passenger Cars and  the Localization
Assessment of Medium-sized Buses
Made with Imported TechnologySome provisions in this document are inconsistent with China's commitment.  To be abolished as
early as possible after
accession
115. Notice on the Interim Regulation
on the Protection of Copyright of
Books and MagazinesSome provisions in this document are inconsistent with TRIPS. To be abolished upon
accession
116. Notice on the Issuance of the"Detailed Rules of Interim
Regulations on the Protection of
Copyright of Books and Magazines",
"Publication Intention Contracts" and"Publication Contracts"Some provisions in this document are inconsistent with TRIPS. To be abolished upon
accession
117. Interpretation of Article 15(4) of
the "Interim Regulation on the
Protection Copyright of Books and
Magazines"Some provisions in this document are inconsistent with TRIPS. To be abolished upon
accession
118. Notice on the Adjustment of theImportation Administration Catalog(Tariff Number) of Commodities
Subject to Ordinary Quota and
Specific RegistrationThe list of the commodities subject to import quota  has already been adjusted. To be abolished as
early as possible afteraccessionWT/ACC/CHN/39
Page 30Department Rules Relevance of the Department Rules to WTO ComplianceDate of
Implementation
119. Notice on the Publication of the
Adjusted List of Commodities Subject
to Ordinary Import Quota and the Listof Commodities Subject to Specific
RegistrationInconsistent with the WTO Agreement. Already abolished.
120. Notice on the Strict Restriction
on the  Enlargement of the Production
Ability of Laser Discs and Laser
VideosThe market of such products has been opened. Already abolished.WT/ACC/CHN/39
Page 31
China's Laws and Administrative Regu lations from January to August 2000
(In addition to the list of 177 relevant laws and regulations that was submitted to the Secretariat
previously, China submits this supplementary list of all newly enacted and revised laws and
regulations in the year 2000 up to the end of August for the information of all WTO Members. Thetexts of all the laws, decisions and administrative regulations in the list have been filed with the
secretariat in Chinese version for information.)
1. Legislation Law of the P.R.C.
Adopted at the third Meeting of the 9
th National People's Congress, 15 March 2000
2. Law on the Prevention and Control of Air Pollution of the P.R.C.
Adopted at the 9th National People's Congress, 29 April 2000
3. Product Quality law of the P.R.C. (Revision)
Adopted at the 16th Meeting of the Standing Committee of the 9th National People's Congress,
June 2000
4. Crop Seed Law of the P.R.C.
Adopted at the 16th Meeting of the Standing Committee of the 9th National People's Congress,
June 2000
5. Customs Law of the P.R.C. (Revision)
Adopted at the 16th Meeting of the Standing Committee of the 9th National People's Congress,
June 2000
6. Patent Law of the P.R.C. (Revision)
Adopted at the 17thMeeting of the Standing Committee of the 9th National People's Congress,
25 August 2000
7. Decision on the Strengthening of Supervision on Economic Work
Adopted at the 14th Meeting of the 9th Standing Committee of the 9th National People's
Congress, 1 March 2000
8. On the Interpretation of paragraph 2 of Article 93 of the "Criminal Law of the P.R.C.
Adopted  at the 15th Meeting of the Standing Committee of the 9th  National People's
Congress, 29 April 2000
9. Regulations on Supervision and Management of Medical Apparatus and Instruments
Decree No.276 of the State Council of the People's Republic of China, 4 January 2000
10. Measures for the Fifth National Census
Decree No. 277 of the State Council of the People's Republic of China, 25 January 2000
11. Regulations on the Implementation of the Forestry Law of the P.R.C.
Decree No. 278 of the State Council of People's Republic of China, 29 January 2000
12. Regulations concerning the Quality Management of Construction Projects
Decree No. 279 of the State Council of People's Republic of China, 30 January 2000
13. Regulations on Renminbi (RMB) Administration
Decree No. 280 of the State Council of People's Republic of China, 3 February 2000WT/ACC/CHN/39
Page 32
14. Interim Regulations Concerning the Disciplinar y Sanction on Activities violating the
Separated Management of Administrative and Institutional Charges and Fees as well as
Revenues from Penalties and Confiscation
Decree No. 281 of the State Council of the People's Republic of China, 12 February 2000
15. Interim Regulations of the Board of Supervisors of Key State-Owned Financial
Institutions
Decree No.282 of the State Council of the People's Republic of China, 15 March 2000
16. Interim Regulations of the Board of su pervisors of State-Owned Enterprises
Decree No. 283 of the State Council of the People's Republic of China, 15 March 2000
17. Implementing Rules of the Law on the Prevention and Control of  Water Pollution
Decree No. 284 of the State Council of the People's Republic of China, 20 March 2000
18. Provisions on the Real-name Requirement of Individual  Savings Deposit Account
Decree No. 285 of the State Council of the People's Republic of China, 20 March 2000
19. Provisional Measures on the Management of Risk Funds for Stock Exchanges
Approved by the State Council of the People's Republic of China, 31 January 2000
20. Provisional Measures on the Management of Risk Fund for Securities Settlement
Approved by the State Council of the People's Republic of China, 31 January 2000
21. Provisions on the Standards of Scope and Scale  of Construction Projects for Bidding
Approved by the State Council of the People's Republic of China, April 2000
22. Interim Measures on the Supervision and Administration on Export Processing and
Manufacturing Areas by the Custom Administrations
Approved by the State Council of the People's Republic of China, 27 April 2000
23. Interim Measures for Compensating Flood Storage and Capture Areas
Decree No. 286 of the State Council of the People's Republic of China, 27 May 2000.
24. Implementing Rules of the Law on Statistics
Approved by the State Council of the People's Republic of China, 15 June 2000
Decree No. 5 of the State Statistics Bureau
25. Regulations for Enterprise Financial Report
Decree No. 287 of the State Council of the People's Republic of China, 21 June 2000
26. Basic Rules for the Flying of Aircrafts
Decree No. 288 of the State Council of th e People's Republic of China, 24 July 2000
27. Provisions for the Maintenance and Management of National Defense Projects
Decree No. 289 of the State Council of th e People's Republic of China, 24 July 2000
28. Measures for the Sample of Marks of the Title of People's Police Officers and Their
Way of Wearing
Decree No. 290 of the State Council of the People's Republic of China, August 2000
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