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中华人民共和国加入议定书(英文本)

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中华人民共和国加入议定书(英文本)

世界贸易组织法律文件


PROTOCOL ON THE ACCESSION OF
THE PEOPLE'S REPUBLIC OF CHINA


Preamble

The World Trade Organization ("WTO"), pursuant to the approval of the Ministerial Conference of the WTO accorded under Article XII of the Marrakesh Agreement Establishing the World Trade Organization ("WTO Agreement"), and the People's Republic of China ("China"),

Recalling that China was an original contracting party to the General Agreement on Tariffs and Trade 1947,

Taking note that China is a signatory to the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations,

Taking note of the Report of the Working Party on the Accession of China in document WT/ACC/CHN/49 ("Working Party Report"),

Having regard to the results of the negotiations concerning China's membership in the WTO,

Agree as follows:

Part I - General Provisions

1. General

1. Upon accession, China accedes to the WTO Agreement pursuant to Article XII of that Agreement and thereby becomes a Member of the WTO.

2. The WTO Agreement to which China accedes shall be the WTO Agreement as rectified, amended or otherwise modified by such legal instruments as may have entered into force before the date of accession. This Protocol, which shall include the commitments referred to in paragraph 342 of the Working Party Report, shall be an integral part of the WTO Agreement.

3. Except as otherwise provided for in this Protocol, those obligations in the Multilateral Trade Agreements annexed to the WTO Agreement that are to be implemented over a period of time starting with entry into force of that Agreement shall be implemented by China as if it had accepted that Agreement on the date of its entry into force.

4. China may maintain a measure inconsistent with paragraph 1of Article II of the General Agreement on Trade in Services ("GATS") provided that such a measure is recorded in the List of Article II Exemptions annexed to this Protocol and meets the conditions of the Annex to the GATS on Article II Exemptions.

2. Administration of the Trade Regime

(A) Uniform Administration

1. The provisions of the WTO Agreement and this Protocol shall apply to the entire customs territory of China, including border trade regions and minority autonomous areas, Special Economic Zones, open coastal cities, economic and technical development zones and other areas where special regimes for tariffs, taxes and regulations are established (collectively referred to as "special economic areas").

2. China shall apply and administer in a uniform, impartial and reasonable manner all its laws, regulations and other measures of the central government as well as local regulations, rules and other measures issued or applied at the sub-national level (collectively referred to as "laws, regulations and other measures") pertaining to or affecting trade in goods, services, trade-related aspects of intellectual property rights ("TRIPS") or the control of foreign exchange.

3. China's local regulations, rules and other measures of local governments at the sub-national level shall conform to the obligations undertaken in the WTO Agreement and this Protocol.

4. China shall establish a mechanism under which individuals and enterprises can bring to the attention of the national authorities cases of non-uniform application of the trade regime.

(B) Special Economic Areas

1. China shall notify to the WTO all the relevant laws, regulations and other measures relating to its special economic areas, listing these areas by name and indicating the geographic boundaries that define them. China shall notify the WTO promptly, but in any case within 60 days, of any additions or modifications to its special economic areas, including notification of the laws, regulations and other measures relating thereto.

2. China shall apply to imported products, including physically incorporated components, introduced into the other parts of China's customs territory from the special economic areas, all taxes, charges and measures affecting imports, including import restrictions and customs and tariff charges, that are normally applied to imports into the other parts of China's customs territory.

3. Except as otherwise provided for in this Protocol, in providing preferential arrangements for enterprises within such special economic areas, WTO provisions on non-discrimination and national treatment shall be fully observed.

(C) Transparency

1. China undertakes that only those laws, regulations and other measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange that are published and readily available to other WTO Members, individuals and enterprises, shall be enforced. In addition, China shall make available to WTO Members, upon request, all laws, regulations and other measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange before such measures are implemented or enforced. In emergency situations, laws, regulations and other measures shall be made available at the latest when they are implemented or enforced.

2. China shall establish or designate an official journal dedicated to the publication of all laws, regulations and other measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange and, after publication of its laws, regulations or other measures in such journal, shall provide a reasonable period for comment to the appropriate authorities before such measures are implemented, except for those laws, regulations and other measures involving national security, specific measures setting foreign exchange rates or monetary policy and other measures the publication of which would impede law enforcement. China shall publish this journal on a regular basis and make copies of all issues of this journal readily available to individuals and enterprises.

3. China shall establish or designate an enquiry point where, upon request of any individual, enterprise or WTO Member all information relating to the measures required to be published under paragraph 2(C)1 of this Protocol may be obtained. Replies to requests for information shall generally be provided within 30 days after receipt of a request. In exceptional cases, replies may be provided within 45 days after receipt of a request. Notice of the delay and the reasons therefor shall be provided in writing to the interested party. Replies to WTO Members shall be complete and shall represent the authoritative view of the Chinese government. Accurate and reliable information shall be provided to individuals and enterprises.

(D) Judicial Review

1. China shall establish, or designate, and maintain tribunals, contact points and procedures for the prompt review of all administrative actions relating to the implementation of laws, regulations, judicial decisions and administrative rulings of general application referred to in Article X:1 of the GATT 1994, Article VI of the GATS and the relevant provisions of the TRIPS Agreement. Such tribunals shall be impartial and independent of the agency entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.

2. Review procedures shall include the opportunity for appeal, without penalty, by individuals or enterprises affected by any administrative action subject to review. If the initial right of appeal is to an administrative body, there shall in all cases be the opportunity to choose to appeal the decision to a judicial body. Notice of the decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing. The appellant shall also be informed of any right to further appeal.

3. Non-discrimination

Except as otherwise provided for in this Protocol, foreign individuals and enterprises and foreign-funded enterprises shall be accorded treatment no less favourable than that accorded to other individuals and enterprises in respect of:

(a) the procurement of inputs and goods and services necessary for production and the conditions under which their goods are produced, marketed or sold, in the domestic market and for export; and

(b) the prices and availability of goods and services supplied by national and sub-national authorities and public or state enterprises, in areas including transportation, energy, basic telecommunications, other utilities and factors of production.

4. Special Trade Arrangements

Upon accession, China shall eliminate or bring into conformity with the WTO Agreement all special trade arrangements, including barter trade arrangements, with third countries and separate customs territories, which are not in conformity with the WTO Agreement.

5. Right to Trade

1. Without prejudice to China's right to regulate trade in a manner consistent with the WTO Agreement, China shall progressively liberalize the availability and scope of the right to trade, so that, within three years after accession, all enterprises in China shall have the right to trade in all goods throughout the customs territory of China, except for those goods listed in Annex 2A which continue to be subject to state trading in accordance with this Protocol. Such right to trade shall be the right to import and export goods. All such goods shall be accorded national treatment under Article III of the GATT 1994, especially paragraph 4 thereof, in respect of their internal sale, offering for sale, purchase, transportation, distribution or use, including their direct access to end-users. For those goods listed in Annex 2B, China shall phase out limitation on the grant of trading rights pursuant to the schedule in that Annex. China shall complete all necessary legislative procedures to implement these provisions during the transition period.

2. Except as otherwise provided for in this Protocol, all foreign individuals and enterprises, including those not invested or registered in China, shall be accorded treatment no less favourable than that accorded to enterprises in China with respect to the right to trade.

6. State Trading

1. China shall ensure that import purchasing procedures of state trading enterprises are fully transparent, and in compliance with the WTO Agreement, and shall refrain from taking any measure to influence or direct state trading enterprises as to the quantity, value, or country of origin of goods purchased or sold, except in accordance with the WTO Agreement.

2. As part of China's notification under the GATT 1994 and the Understanding on the Interpretation of Article XVII of the GATT 1994, China shall also provide full information on the pricing mechanisms of its state trading enterprises for exported goods.

7. Non-Tariff Measures

1. China shall implement the schedule for phased elimination of the measures contained in Annex 3. During the periods specified in Annex 3, the protection afforded by the measures listed in that Annex shall not be increased or expanded in size, scope or duration, nor shall any new measures be applied, unless in conformity with the provisions of the WTO Agreement.

2. In implementing the provisions of Articles III and XI of the GATT 1994 and the Agreement on Agriculture, China shall eliminate and shall not introduce, re-introduce or apply non-tariff measures that cannot be justified under the provisions of the WTO Agreement. For all non-tariff measures, whether or not referred to in Annex 3, that are applied after the date of accession, consistent with the WTO Agreement or this Protocol, China shall allocate and otherwise administer such measures in strict conformity with the provisions of the WTO Agreement, including GATT 1994 and Article XIII thereof, and the Agreement on Import Licensing Procedures, including notification requirements.

3. China shall, upon accession, comply with the TRIMs Agreement, without recourse to the provisions of Article 5 of the TRIMs Agreement. China shall eliminate and cease to enforce trade and foreign exchange balancing requirements, local content and export or performance requirements made effective through laws, regulations or other measures. Moreover, China will not enforce provisions of contracts imposing such requirements. Without prejudice to the relevant provisions of this Protocol, China shall ensure that the distribution of import licences, quotas, tariff-rate quotas, or any other means of approval for importation, the right of importation or investment by national and sub-national authorities, is not conditioned on: whether competing domestic suppliers of such products exist; or performance requirements of any kind, such as local content, offsets, the transfer of technology, export performance or the conduct of research and development in China.

4. Import and export prohibitions and restrictions, and licensing requirements affecting imports and exports shall only be imposed and enforced by the national authorities or by sub-national authorities with authorization from the national authorities. Such measures which are not imposed by the national authorities or by sub-national authorities with authorization from the national authorities, shall not be implemented or enforced.

8. Import and Export Licensing

1. In implementing the WTO Agreement and provisions of the Agreement on Import Licensing Procedures, China shall undertake the following measures to facilitate compliance with these agreements:

(a) China shall publish on a regular basis the following in the official journal referred to in paragraph 2(C)2 of this Protocol:

- by product, the list of all organizations, including those organizations delegated such authority by the national authorities, that are responsible for authorizing or approving imports or exports, whether through grant of licence or other approval;

- procedures and criteria for obtaining such import or export licences or other approvals, and the conditions for deciding whether they should be granted;

- a list of all products, by tariff number, that are subject to tendering requirements, including information on products subject to such tendering requirements and any changes, pursuant to the Agreement on Import Licensing Procedures;

- a list of all goods and technologies whose import or export are restricted or prohibited; these goods shall also be notified to the Committee on Import Licensing;

- any changes to the list of goods and technologies whose import and export are restricted or prohibited.

Copies of these submissions in one or more official languages of the WTO shall be forwarded to the WTO for circulation to WTO Members and for submission to the Committee on Import Licensing within 75 days of each publication.

(b) China shall notify the WTO of all licensing and quota requirements remaining in effect after accession, listed separately by HS tariff line and with the quantities associated with the restriction, if any, and the justification for maintaining the restriction or its scheduled date of termination.

(c) China shall submit the notification of its import licensing procedures to the Committee on Import Licensing. China shall report annually to the Committee on Import Licensing on its automatic import licensing procedures, explaining the circumstances which give rise to these requirements and justifying the need for their continuation. This report shall also provide the information listed in Article 3 of the Agreement on Import Licensing Procedures.

(d) China shall issue import licences for a minimum duration of validity of six months, except where exceptional circumstances make this impossible. In such cases, China shall promptly notify the Committee on Import Licensing of the exceptional circumstances requiring the shorter period of licence validity.

2. Except as otherwise provided for in this Protocol, foreign individuals and enterprises and foreign-funded enterprises shall be accorded treatment no less favourable than that accorded to other individuals and enterprises in respect of the distribution of import and export licences and quotas.

9. Price Controls

1. China shall, subject to paragraph 2 below, allow prices for traded goods and services in every sector to be determined by market forces, and multi-tier pricing practices for such goods and services shall be eliminated.

2. The goods and services listed in Annex 4 may be subject to price controls, consistent with the WTO Agreement, in particular Article III of the GATT 1994 and Annex 2, paragraphs 3 and 4 of the Agreement on Agriculture. Except in exceptional circumstances, and subject to notification to the WTO, price controls shall not be extended to goods or services beyond those listed in Annex 4, and China shall make best efforts to reduce and eliminate these controls.

3. China shall publish in the official journal the list of goods and services subject to state pricing and changes thereto.

10. Subsidies

1. China shall notify the WTO of any subsidy within the meaning of Article 1 of the Agreement on Subsidies and Countervailing Measures ("SCM Agreement"), granted or maintained in its territory, organized by specific product, including those subsidies defined in Article 3 of the SCM Agreement. The information provided should be as specific as possible, following the requirements of the questionnaire on subsidies as noted in Article 25 of the SCM Agreement.

2. For purposes of applying Articles 1.2 and 2 of the SCM Agreement, subsidies provided to state-owned enterprises will be viewed as specific if, inter alia, state-owned enterprises are the predominant recipients of such subsidies or state-owned enterprises receive disproportionately large amounts of such subsidies.

3. China shall eliminate all subsidy programmes falling within the scope of Article 3 of the SCM Agreement upon accession.

11. Taxes and Charges Levied on Imports and Exports

1. China shall ensure that customs fees or charges applied or administered by national or sub-national authorities, shall be in conformity with the GATT 1994.

2. China shall ensure that internal taxes and charges, including value-added taxes, applied or administered by national or sub-national authorities shall be in conformity with the GATT 1994.

3. China shall eliminate all taxes and charges applied to exports unless specifically provided for in Annex 6 of this Protocol or applied in conformity with the provisions of Article VIII of the GATT 1994.

4. Foreign individuals and enterprises and foreign-funded enterprises shall, upon accession, be accorded treatment no less favourable than that accorded to other individuals and enterprises in respect of the provision of border tax adjustments.

12. Agriculture

1. China shall implement the provisions contained in China's Schedule of Concessions and Commitments on Goods and, as specifically provided in this Protocol, those of the Agreement on Agriculture. In this context, China shall not maintain or introduce any export subsidies on agricultural products.

2. China shall, under the Transitional Review Mechanism, notify fiscal and other transfers between or among state-owned enterprises in the agricultural sector (whether national or sub-national) and other enterprises that operate as state trading enterprises in the agricultural sector.

13. Technical Barriers to Trade

1. China shall publish in the official journal all criteria, whether formal or informal, that are the basis for a technical regulation, standard or conformity assessment procedure.

2. China shall, upon accession, bring into conformity with the TBT Agreement all technical regulations, standards and conformity assessment procedures.

3. China shall apply conformity assessment procedures to imported products only to determine compliance with technical regulations and standards that are consistent with the provisions of this Protocol and the WTO Agreement. Conformity assessment bodies will determine the conformity of imported products with commercial terms of contracts only if authorized by the parties to such contract. China shall ensure that such inspection of products for compliance with the commercial terms of contracts does not affect customs clearance or the granting of import licences for such products.

4. (a) Upon accession, China shall ensure that the same technical regulations, standards and conformity assessment procedures are applied to both imported and domestic products. In order to ensure a smooth transition from the current system, China shall ensure that, upon accession, all certification, safety licensing, and quality licensing bodies and agencies are authorized to undertake these activities for both imported and domestic products, and that, one year after accession, all conformity assessment bodies and agencies are authorized to undertake conformity assessment for both imported and domestic products. The choice of body or agency shall be at the discretion of the applicant. For imported and domestic products, all bodies and agencies shall issue the same mark and charge the same fee. They shall also provide the same processing periods and complaint procedures. Imported products shall not be subject to more than one conformity assessment. China shall publish and make readily available to other WTO Members, individuals, and enterprises full information on the respective responsibilities of its conformity assessment bodies and agencies.

(b) No later than 18 months after accession, China shall assign the respective responsibilities of its conformity assessment bodies solely on the basis of the scope of work and type of product without any consideration of the origin of a product. The respective responsibilities that will be assigned to China's conformity assessment bodies will be notified to the TBT Committee 12 months after accession.

14. Sanitary and Phytosanitary Measures

China shall notify to the WTO all laws, regulations and other measures relating to its sanitary and phytosanitary measures, including product coverage and relevant international standards, guidelines and recommendations, within 30 days after accession.

15. Price Comparability in Determining Subsidies and Dumping

Article VI of the GATT 1994, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("Anti-Dumping Agreement") and the SCM Agreement shall apply in proceedings involving imports of Chinese origin into a WTO Member consistent with the following:

(a) In determining price comparability under Article VI of the GATT 1994 and the Anti-Dumping Agreement, the importing WTO Member shall use either Chinese prices or costs for the industry under investigation or a methodology that is not based on a strict comparison with domestic prices or costs in China based on the following rules:

(i) If the producers under investigation can clearly show that market economy conditions prevail in the industry producing the like product with regard to the manufacture, production and sale of that product, the importing WTO Member shall use Chinese prices or costs for the industry under investigation in determining price comparability;

(ii) The importing WTO Member may use a methodology that is not based on a strict comparison with domestic prices or costs in China if the producers under investigation cannot clearly show that market economy conditions prevail in the industry producing the like product with regard to manufacture, production and sale of that product.

(b) In proceedings under Parts II, III and V of the SCM Agreement, when addressing subsidies described in Articles 14(a), 14(b), 14(c) and 14(d), relevant provisions of the SCM Agreement shall apply; however, if there are special difficulties in that application, the importing WTO Member may then use methodologies for identifying and measuring the subsidy benefit which take into account the possibility that prevailing terms and conditions in China may not always be available as appropriate benchmarks. In applying such methodologies, where practicable, the importing WTO Member should adjust such prevailing terms and conditions before considering the use of terms and conditions prevailing outside China.

(c) The importing WTO Member shall notify methodologies used in accordance with subparagraph (a) to the Committee on Anti-Dumping Practices and shall notify methodologies used in accordance with subparagraph (b) to the Committee on Subsidies and Countervailing Measures.

(d) Once China has established, under the national law of the importing WTO Member, that it is a market economy, the provisions of subparagraph (a) shall be terminated provided that the importing Member's national law contains market economy criteria as of the date of accession. In any event, the provisions of subparagraph (a)(ii) shall expire 15 years after the date of accession. In addition, should China establish, pursuant to the national law of the importing WTO Member, that market economy conditions prevail in a particular industry or sector, the non-market economy provisions of subparagraph (a) shall no longer apply to that industry or sector.

16. Transitional Product-Specific Safeguard Mechanism

1. In cases where products of Chinese origin are being imported into the territory of any WTO Member in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products, the WTO Member so affected may request consultations with China with a view to seeking a mutually satisfactory solution, including whether the affected WTO Member should pursue application of a measure under the Agreement on Safeguards. Any such request shall be notified immediately to the Committee on Safeguards.

2. If, in the course of these bilateral consultations, it is agreed that imports of Chinese origin are such a cause and that action is necessary, China shall take such action as to prevent or remedy the market disruption. Any such action shall be notified immediately to the Committee on Safeguards.

3. If consultations do not lead to an agreement between China and the WTO Member concerned within 60 days of the receipt of a request for consultations, the WTO Member affected shall be free, in respect of such products, to withdraw concessions or otherwise to limit imports only to the extent necessary to prevent or remedy such market disruption. Any such action shall be notified immediately to the Committee on Safeguards.

4. Market disruption shall exist whenever imports of an article, like or directly competitive with an article produced by the domestic industry, are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat of material injury to the domestic industry. In determining if market disruption exists, the affected WTO Member shall consider objective factors, including the volume of imports, the effect of imports on prices for like or directly competitive articles, and the effect of such imports on the domestic industry producing like or directly competitive products.

5. Prior to application of a measure pursuant to paragraph 3, the WTO Member taking such action shall provide reasonable public notice to all interested parties and provide adequate opportunity for importers, exporters and other interested parties to submit their views and evidence on the appropriateness of the proposed measure and whether it would be in the public interest. The WTO Member shall provide written notice of the decision to apply a measure, including the reasons for such measure and its scope and duration.

6. A WTO Member shall apply a measure pursuant to this Section only for such period of time as may be necessary to prevent or remedy the market disruption. If a measure is taken as a result of a relative increase in the level of imports, China has the right to suspend the application of substantially equivalent concessions or obligations under the GATT 1994 to the trade of the WTO Member applying the measure, if such measure remains in effect more than two years. However, if a measure is taken as a result of an absolute increase in imports, China has a right to suspend the application of substantially equivalent concessions or obligations under the GATT 1994 to the trade of the WTO Member applying the measure, if such measure remains in effect more than three years. Any such action by China shall be notified immediately to the Committee on Safeguards.

7. In critical circumstances, where delay would cause damage which it would be difficult to repair, the WTO Member so affected may take a provisional safeguard measure pursuant to a preliminary determination that imports have caused or threatened to cause market disruption. In this case, notification of the measures taken to the Committee on Safeguards and a request for bilateral consultations shall be effected immediately thereafter. The duration of the provisional measure shall not exceed 200 days during which the pertinent requirements of paragraphs 1, 2 and 5 shall be met. The duration of any provisional measure shall be counted toward the period provided for under paragraph 6.

8. If a WTO Member considers that an action taken under paragraphs 2, 3 or 7 causes or threatens to cause significant diversions of trade into its market, it may request consultations with China and/or the WTO Member concerned. Such consultations shall be held within 30 days after the request is notified to the Committee on Safeguards. If such consultations fail to lead to an agreement between China and the WTO Member or Members concerned within 60 days after the notification, the requesting WTO Member shall be free, in respect of such product, to withdraw concessions accorded to or otherwise limit imports from China, to the extent necessary to prevent or remedy such diversions. Such action shall be notified immediately to the Committee on Safeguards.

9. Application of this Section shall be terminated 12 years after the date of accession.

17. Reservations by WTO Members

All prohibitions, quantitative restrictions and other measures maintained by WTO Members against imports from China in a manner inconsistent with the WTO Agreement are listed in Annex 7. All such prohibitions, quantitative restrictions and other measures shall be phased out or dealt with in accordance with mutually agreed terms and timetables as specified in the said Annex.

18. Transitional Review Mechanism

1. Those subsidiary bodies1 of the WTO which have a mandate covering China's commitments under the WTO Agreement or this Protocol shall, within one year after accession and in accordance with paragraph 4 below, review, as appropriate to their mandate, the implementation by China of the WTO Agreement and of the related provisions of this Protocol. China shall provide relevant information, including information specified in Annex 1A, to each subsidiary body in advance of the review. China can also raise issues relating to any reservations under Section 17 or to any other specific commitments made by other Members in this Protocol, in those subsidiary bodies which have a relevant mandate. Each subsidiary body shall report the results of such review promptly to the relevant Council established by paragraph 5 of Article IV of the WTO Agreement, if applicable, which shall in turn report promptly to the General Council.

2. The General Council shall, within one year after accession, and in accordance with paragraph 4 below, review the implementation by China of the WTO Agreement and the provisions of this Protocol. The General Council shall conduct such review in accordance with the framework set out in Annex 1B and in the light of the results of any reviews held pursuant to paragraph 1. China also can raise issues relating to any reservations under Section 17 or to any other specific commitments made by other Members in this Protocol. The General Council may make recommendations to China and to other Members in these respects.

3. Consideration of issues pursuant to this Section shall be without prejudice to the rights and obligations of any Member, including China, under the WTO Agreement or any Plurilateral Trade Agreement, and shall not preclude or be a precondition to recourse to consultation or other provisions of the WTO Agreement or this Protocol.

4. The review provided for in paragraphs 1 and 2 will take place after accession in each year for eight years. Thereafter there will be a final review in year 10 or at an earlier date decided by the General Council.

Part II - Schedules

1. The Schedules annexed to this Protocol shall become the Schedule of Concessions and Commitments annexed to the GATT 1994 and the Schedule of Specific Commitments annexed to the GATS relating to China. The staging of concessions and commitments listed in the Schedules shall be implemented as specified in the relevant parts of the relevant Schedules.

2. For the purpose of the reference in paragraph 6(a) of Article II of the GATT 1994 to the date of that Agreement, the applicable date in respect of the Schedules of Concessions and Commitments annexed to this Protocol shall be the date of accession.

Part III - Final Provisions

1. This Protocol shall be open for acceptance, by signature or otherwise, by China until 1 January 2002.

2. This Protocol shall enter into force on the thirtieth day following the day of its acceptance.

3. This Protocol shall be deposited with the Director-General of the WTO. The Director-General shall promptly furnish a certified copy of this Protocol and a notification of acceptance by China thereof, pursuant to paragraph 1 of Part III of this Protocol, to each WTO Member and to China.

4. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

Done at Doha this tenth day of November two thousand and one, in a single copy, in the English, French and Spanish languages, each text being authentic, except that a Schedule annexed hereto may specify that it is authentic in only one or more of these languages.

1 Council for Trade in Goods, Council for Trade-Related Aspects of Intellectual Property Rights, Council for Trade in Services, Committees on Balance-of-Payments Restrictions, Market Access (covering also ITA), Agriculture, Sanitary and Phytosanitary Measures, Technical Barriers to Trade, Subsidies and Countervailing Measures, Anti-Dumping Measures, Customs Valuation, Rules of Origin, Import Licensing, Trade-Related Investment Measures, Safeguards, Trade in Financial Services.

教育部、公安部关于加强对中小学生赴境外开展夏(冬)令营等有关活动管理的通知

教育部 公安部


教育部、公安部关于加强对中小学生赴境外开展夏(冬)令营等有关活动管理的通知
教育部 公安部



近年来,一些学校和组织通过校际交流等渠道组织在校中小学生利用假期赴境外活动,也有一些单位以营利为目的,未经批准擅自组织在校中小学生出境参加夏(冬)令营活动。出现了中小学生在境外出走事件,在国内外产生了消极影响。为加强对中小学生赴境外参加夏(冬)令营活
动的指导和管理,维护中小学校的教学秩序以及广大青少年学生的正当权益和身心健康,现就有关审批管理事项通知如下:
一、中小学生赴境外开展夏(冬)令营等有关活动系指在校中小学生经批准在寒、暑假期间有组织地以团体形式赴境外参加夏(冬)令营等有关活动。
二、鉴于现阶段我国广大人民群众总体生活水平不高,且中小学生尚未成年,不易照顾、管理,组织中小学生赴境外开展夏(冬)令营活动应从严控制、从严审批、从严管理。贫困地区、经济不发达地区一般不组织此类活动;原则上不组织小学低年级学生赴境外开展夏(冬)令营活动

三、组织中小学生赴境外开展夏(冬)令营活动的主办单位,应是中小学校或地方教育主管部门所属的成建制校外教育机构。如中小学校确需通过国内其他有关机构和组织协助承办,协助承办机构和组织须于组团前报教育部外事司和公安部出入境管理局批准。
四、中小学校组织的赴境外夏(冬)令营活动,实行总量控制,由各省、自治区和直辖市教育主管部门统一归口审核后报送教育部外事司从严审批,并抄送公安部出入境管理局备案。
五、共青团、少先队、妇联组织经主管部门批准,与外国政府或青少年组织、妇女组织开展中小学生赴境外夏(冬)令营交流活动的,分别报共青团中央国际联络部和全国妇联国际联络部审批,并抄送公安部出入境管理局备案。
六、经批准组织中小学生赴境外开展夏(冬)令营活动的单位不得以营利为目的,每次一般只在一个国家或地区举办夏(冬)令营活动。
七、公安机关出入境管理部门根据教育部或团中央、全国妇联有关部门的批件,依照《中华人民共和国公民出境入境管理法》及其实施细则受理、审批参加境外夏(冬)令营等活动的中小学生及相关人员的出国申请。
八、组织开展中小学生赴境外参加夏(冬)令营等活动的主办单位和承办机构,应对参加活动的学生和有关人员进行必要的法律、纪律、安全教育并妥善组织、管理,保障参加人员的合法权益,维护国家安全、荣誉和利益。活动结束后,主办单位应及时向审批部门和公安机关出入境管
理部门书面报告活动情况。
九、对违反本通知规定,造成参加人员人身伤害、经济损失或其他权益侵害,以及发生参加人员在境外走失等问题的,由教育部、公安部会同有关部门查处,并追究有关责任人员和主管领导的责任。



1998年7月21日

国务院办公厅关于进一步整顿和规范建筑市场秩序的通知

国务院办公厅


国务院办公厅关于进一步整顿和规范建筑市场秩序的通知

国办发(2001)81号


各省、自治区、直辖市人民政府,国务院各部委、各直属机构:

  整顿和规范建筑市场秩序,是整顿和规范市场经济秩序工作的重要组成部分。近年来,有关部门联合开展了建设工程项目执法监察和整顿建筑市场的工作,使违法违规行为在一定程度上得到遏制,建筑市场秩序有所改善。但是,由于多方面的原因,建筑市场秩序混乱的状况仍然没有从根本上得到扭转。为进一步整顿和规范建筑市场秩序,经国务院同意,现就有关事项通知如下:

  一、加强领导,分工协作,各负其责

  整顿和规范建筑市场秩序,由建设部会同国家计委、监察部、交通部、水利部、铁道部、信息产业部、民航总局等有关部门负责指导和协调。各有关部门要按照现行职责分工,各司其职,各负其责。

  国务院建设行政主管部门要会同有关部门研究制定整顿和规范建筑市场的具体实施方案。地方各级人民政府要切实负起责任,层层落实责任制。要按照整顿和规范建筑市场秩序的统一要求,实行责任追究制度。监察部门对重点案件要提前介入,严肃查处。对在整顿和规范建筑市场秩序中工作不力、消极应付甚至失职渎职的领导干部和有关责任人,要坚决按照有关法律法规的规定追究责任,严肃查处。

  二、明确任务,突出重点

  整顿和规范建筑市场,不仅要检查在建工程项目,而且要对建设单位和勘察、设计、施工、监理、招标代理企业等市场主体进行全面清理和整顿。整顿和规范建筑市场的主要任务是:严格执行法定建设程序,严肃依法查处违反法定建设程序的行为;切实加大建筑市场监管力度,解决规避招标和招标投标中弄虚作假的问题;完善制度,强化监督,综合治理转包、违法分包等问题,继续完善企业资质管理办法,建立严格的建筑市场准入和清出制度;认真执行有关法律法规和工程建设强制性标准,确保工程质量和安全生产;加强建筑市场执法队伍建设,提高政府主管部门依法行政和严格执法的水平;做到政企分开、政事分开,贯彻《国务院关于禁止在市场经济活动中实行地区封锁的规定》(国务院令第303号),纠正对建筑市场违法设障、实行地区封锁和部门保护的行为。

  整顿和规范建筑市场秩序要抓住管理薄弱的环节和地区,加强对城乡结合部、开发区以及县以下地区工程建设活动的监督管理。专项整治要重点抓好六个方面的工作:

  (一)依法查处规避招标和在招标投标活动中弄虚作假的问题;

  (二)依法查处勘察、设计、施工单位转包、违法分包和监理单位违法转让监理业务,以及无证或越级承接工程业务的问题;

  (三)依法查处不办理施工许可证或开工报告、不办理竣工验收及备案,以及依法必须实行监理的工程不委托监理等违反法定建设程序的问题;

  (四)依法查处不执行工程建设强制性标准,以及偷工减料等问题;

  (五)坚决纠正政府主管部门不依法行政和监督执法不力的问题;

  (六)大力整顿和规范装饰装修工程活动和装饰装修材料市场秩序,加强管理,确保装饰装修工程质量。

  三、加大执法力度,严肃查处违法违规行为

  要加强对工程建设项目执行国家有关法律法规的检查工作,切实加大对违法违规行为的查处力度。对于各种违法违规行为要坚决依法作出处理,特别是对在社会上有一定影响的违法违规典型案例,要公开曝光,起到威慑和警示的作用。

  对有违法违规行为的建设单位及勘察、设计、施工、监理、招标代理等企业,要按照有关法律法规,视情节轻重,分别给予罚款、责令停业整顿、降低资质等级,直至吊销资质证书的处罚。处罚时要严格按照法律法规执行,决不能降低处罚标准。

  对于违法违规行为,不仅要追究、处罚责任单位,还要追究、处罚到责任人。要按照《建设工程质量管理条例》(国务院令第279号)的规定,凡是给予单位罚款处罚的,对单位直接负责的主管人员和其他直接责任人与员也要依法处以相应罚款;对于注册执业人员因过错造成质量事故的,要责令停止执业或吊销执业资格证书,情节特别恶劣的,终身不予注册。

  整顿和规范建筑市场秩序要与惩治腐败相结合。对于领导干部违反规定干预或者插手工程发包、承包以及其他建筑市场违法违纪案件,特别是重大质量安全事故幕后的腐败案件,要排除一切阻力和干扰,坚决一查到底,依法惩处,决不姑息。要严肃追究国家机关工作人员失职渎职的行政责任,严厉查处以权谋私、徇私枉法或包庇、纵容建筑市场违法犯罪活动的腐败分子。

  四、完善体制,标本兼治

  (一)继续完善并严格执行建筑市场准入和清出制度。

  所有工程勘察、设计、施工、监理、招标代理企业,都必须依法取得相应等级的资质证书,并在其资质等级许可的范围内从事相应的工程建设活动。建设部要会同交通、水利、铁道、信息产业、民航等部门对工程建设领域的企业资质和有关专业技术人员执业资格进行严格管理,禁止无相应资质的企业和无执业资格的人员进入工程建设市场。

  要严格执行施工许可制度、批准开工和工程竣工验收及备案制度,切实把好工程的开工和交付使用两道关。对于不符合法定开工条件的,一律不得颁发施工许可证或者批准开工;对于已完工工程项目有违反合同约定拖欠工程款的,对其新建工程项目不得颁发施工许可证或者批准开工;对于未取得施工许可证或批准开工报告而擅自施工的,必须依法作出处罚。同时,要认真执行工程竣工验收及备案制度,凡发现有违法行为的,要责令其工程建筑停止使用,经整改后重新组织竣工验收。

  (二)建立完善监督机制,加强执法队伍建设。

  要加大对建筑市场的监管力度,既要依法对工程招标投标活动实施监督,又要加大对中标后工程实施全过程的监督检查,切实做到执法必严、违法必究。要研究解决建筑市场监管力量不足的问题,健全机构、充实力量、增加必要的经费,加大监管力度;同时要加强对执法人员的业务培训和廉政教育,健全规章制度,严格执法程序,严肃执法纪律,把执法犯法或徇私舞弊的人员坚决清除出执法队伍。

  (三)严格执行工程建设强制性标准。

  要广泛组织学习、宣传国家有关工程质量的法律法规及工程建设强制性标准,增强各级政府和工程建设各参与方的质量意识。建设单位和勘察、设计、施工、监理企业都要依法落实各自对质量的责任和义务。建设行政主管部门和其他有关专业部门,要依法加强对工程建设强制性标准执行情况的监督检查。对国家机关工作人员在建设工程质量监督管理工作中玩忽职守、徇私舞弊的要严肃处理,构成犯罪的,要依法追究其刑事责任。

  要防止片面追求低造价而导致工程质量的降低,坚决禁止使投标价格低于合理成本的投标人中标的行为。工程的勘察、设计、监理应当严格执行国家规定的取费标准,对低于国家规定最低取费标准签订合同的,政府主管部门应当责令改正;对于拒不改正的,不予颁发施工许可证或批准开工报告。

  建设行政主管部门要加强对建筑装饰装修特别是住宅装饰装修工程质量的监督,重点是依法监督在装饰装修工程中擅自变动房屋建筑主体和承重结构的问题;对于涉及建筑主体和承重结构变动的,必须在施工前委托原设计单位或者具有相应资质等级的设计单位提出设计方案。在装饰装修施工中,施工企业要严格执行有关防治环境污染的规定,控制粉尘、废弃物、噪声、振动等对周围环境的影响。对违法违规的责任单位和责任人,要依法作出处罚。建设部要会同有关部门制定装饰装修工程建设标准,严禁在装饰装修工程上使用对人体有害的材料。

  (四)规范有形建筑市场的运行,创造公开、公正、公平的竞争环境。

  要健全和完善有形建筑市场,加强管理,规范运行,有效防止规避招标、招投标弄虚作假以及转包、违法分包等行为的发生。

  有形建筑市场应当提供公开、公正、公平的市场竞争环境,不得以任何方式限制或者排斥本地区、本系统以外的企业参加投标,不得以任何方式搞地区封锁和部门保护,并严格按照批准的收费项目和标准收取有关费用。有形建筑市场必须与政府部门脱钩,人员、职能都要分离,不能与政府部门及其所属机构搞“一套班子、两块牌子”。

  建设部要会同有关部门抓紧起草有形建筑市场管理办法,报国务院批准后施行。

  (五)抓好工程建设数据库管理和计算机网络建设。

  要充分运用计算机及信息网络技术,强化监督执法部门的监管手段,加强对工程建设项目的实施情况和建筑市场各方主体行为的监督。当前,要重点建立企业状况(包括勘察、设计、施工、监理、招标代理企业)、专业技术人员(包括注册建筑师、结构工程师、监理工程师、造价工程师和建筑业企业项目经理)和工程项目管理三大管理数据库,并将企业和专业技术人员的基本情况、业绩(包括违法违规的不良记录)以及工程项目执行法定建设程序、质量安全事故等在信息网络上予以公布,接受社会监督。

中华人民共和国国务院办公厅
二○○一年十月三十一日