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.

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财政部、水利部、国家防汛抗旱总指挥部关于颁发《中央级防汛物资储备及其经费管理办法》的通知

财政部 水利部 国家防汛抗旱总指挥部


财政部、水利部、国家防汛抗旱总指挥部关于颁发《中央级防汛物资储备及其经费管理办法》的通知

财农字〔1995〕236号

各省、自治区、直辖市、计划单列市财政厅(局)、水利厅(局),防汛抗旱指挥部办公室:
中央级防汛物资储备是为了贯彻防汛工作方针,支持遭受特大洪水灾害地区解决防汛抢险物资不足的一项重要措施。防汛物资储备经费是水利事业费的一部分。加强中央级防汛物资储备及其经费的管理,是做好防汛工作和提高财政资金使用效益的需要。为此,国家防汛抗旱总指挥部、财政部、水利部在总结过去经验的基础上,结合当前中央级防汛物资储备的实际情况,联合制定了《中央级防汛物资储备及其经费管理办法》。现随文颁发给你们。中央级防汛储备物资的管理单位、代储单位和动用中央级防汛储备物资的单位,均应执行本《办法》。中央直属水利事业单位和省(区、市)防汛储备物资的管理,可以参照执行本《办法》,也可以根据本单位、本地区具体情况另行制定管理办法。

附件:中央级防汛物资储备及其经费管理办法

一、总 则
第一条 为了加强中央级防汛物资储备及其经费的管理,促进防汛工作的开展,特制定本办法。
第二条 中央级防汛物资储备是为了贯彻“安全第一,常备不懈,以防为主、全力抢险”的防汛工作方针,由国家防汛抗旱办公室负责储备,用于解决遭受特大水灾地区防汛抢险物资不足的一项重要措施。
第三条 防汛物资储备以地方各级水利防汛部门为主。中央级防汛物资储备坚持“讲究实效,定额储备”的原则,重点支持遭受特大洪涝灾害地区防汛抢险物资的应急需要。
第四条 防汛物资储备经费必须专款专用,严禁挪作他用。

二、物资储备品种、定额和方式
第五条 中央级防汛物资储备的品种是编织袋、麻袋、橡皮船、冲锋舟、救生船、救生衣、救生圈。其他物资均不储备。
第六条 中央级防汛物资储备定额由国家防汛抗旱总指挥部根据历年的储备量确定。各项物资年储备定额是:编织袋400万条;麻袋10万条;橡皮船3000艘;冲锋舟20艘;救生船5艘;救生衣1万件;救生圈0.6万件。上述物资储备定额的增减,由国家防汛抗旱办公室商财政部后报国家防汛抗旱总指挥部批准。
第七条 中央级防汛物资采取委托储备的方式储备。受委托单位即代储单位由国家防汛抗旱办公室指定。

三、物资储备管理
第八条 中央级防汛物资储备管理要求是做好物资定额储备,保证物资安全、完整,保证及时调用。
第九条 国家防汛抗旱办公室对中央级防汛储备物资的管理职责是:
1.制定各项防汛储备物资的具体管理制度,并监督代储单位贯彻执行;
2.定期检查各代储点防汛储备物资的保管养护情况;
3.负责向有关单位及时报送防汛储备物资的储存情况、调用情况和更新计划;
4.负责防汛储备物资的调用管理;
5.负责防汛储备物资货源的组织;
6.负责与使用单位结算调用的防汛储备物资款项。
第十条 中央级防汛储备物资的代储单位的管理职责是:
1.做好防汛储备物资的日常管理工作,定期向国家防汛抗旱办公室报送防汛物资的储备管理情况;
2.每年汛前,按国家防汛抗旱办公室要求,对委托储备的防汛物资做好随时发放的各项工作;
3.每年汛后,动用了防汛储备物资的,委托储备单位要及时进行清点,并向国家防汛抗旱办公室报告防汛物资动用和库存的情况。
第十一条 中央级防汛储备物资属国家专项储备物资,必须“专物专用”。未经国家防汛抗旱办公室批准同意,任何单位和个人不得动用。

四、物资调用及其结算
第十二条 中央级防汛储备物资的调用,坚持以下原则:
1.“先近后远”,先调用离防汛抢险地点最近的防汛储备物资,不足时再调用离抢险地点较近的防汛储备物资;
2.“满足急需”,当有多处申请调用防汛储备物资时,若不能同时满足,则先满足急需的单位;
3.“先主后次”,当有多处申请调用防汛储备物资时,若不能同时满足,则先满足防汛重点地区、关系重大的防洪工程的抢险。
第十三条 中央级防汛储备物资的调用,由流域机构或省级防汛指挥部向国家防汛抗旱办公室提出申请,经国家防汛抗旱办公室批准同意后,向代储单位发调拨令。若情况紧急,也可先电话联系报批,然后补办文手续。申请调用防汛储备物资的内容包括用途、需用物资品名、数量、运往地点、时间要求等。
第十四条 中央级防汛物资的代储单位接到调拨令后,必须立即组织发货,并及时向国家防汛抗旱办公室反馈调拨情况。
第十五条 中央级防汛储备物资的运输采用铁路、公路或空运的方式。具体由代储单位根据当时情况确定。若联系运输有困难,可电告国家防汛抗旱办公室,请有关部门给予支持。
第十六条 申请中央级防汛储备物资的单位,要做好防汛物资的接收工作。防汛抢险结束后,未动用或可回收的中央级防汛储备物资,由申请单位自行处理,中央不再回收存储。
第十七条 调用的中央级防汛储备物资的价款(按调运时市场价计算)及其所发生的调运费用,均由申请单位承付。申请单位要及时与国家防汛抗旱办公室结算。逾期不结算的,收取1-5%的滞纳金。
因价款结算不及时而影响防汛物资储备的,由国家防汛抗旱办公室负责,财政部不再另外增拨防汛物资储备经费。

五、物资储备经费、更新经费和管理费
第十八条 中央级防汛物资储备经费由中央财政根据国家防汛抗旱总指挥部批准的防汛物资储备定额、各项物资市场价格及物资运往代储单位所需费用核定,从特大防汛经费中安排支出。防汛储备物资的补充,其经费由收回的调用物资价款解决;因物资价格上涨,收回的调用物资价款不足以补充时,其不足部分从特大防汛经费中解决。
第十九条 中央级防汛储备物资的更新经费是指因储存年限到期或非人为破损而拨为的物资进行更新所需要的经费。此项经费由中央财政根据国家防汛抗旱办公室申请更新防汛物资储备的报告核定后,从特大防汛经费中专项安排。
第二十条 代储单位对因储存年限到期或非人为破损需折价变卖、报废的中央级防汛储备物资,要及时专题报告国家防汛抗旱办公室,说明原因和具体处理意见,经国家防汛抗旱办公室批准同意后方可进行处理。处理的防汛储备物资及其款项要及时报财政部备案,物资款项交由国家防汛抗旱办公室用于更新储备物资。
代储单位要加强中央级防汛储备物资的管理。因管理不善或人为因素导致毁损的防汛储备物资,其更新经费必须由代储单位负担。
第二十一条 代储单位因储备中央级防汛储备物资所发生的年管理费用只包括代储物资仓库折旧费、占用费、代储物资保险费、代储物资维护保养费和人工费等内容。
第二十二条 代储单位因储备中央级防汛物资所发生的年管理费,中央财政按实际储备物资金额的5%计算,每年从特大防汛经费中安排下拨给水利部,由国家防汛抗旱办公室负责安排、与各代储单位进行结算。如有结余,结转下年继续用于管理费支出,并抵顶下年度相应的财政拨款。
第二十三条 中央级防汛物资储备经费、更新经费和管理费属财政专项补助资金,必须加强管理,专款专用。国家防汛抗旱办公室每个年度终了要向中央财政报送中央级防汛储备物资的库存情况、调用情况,价款结算情况,报送上述经费的安排和使用、结余情况。

六、附 则
第二十四条 中央直属水利事业单位和省、自治区、直辖市防汛储备物资的管理,可以参照执行本办法。也可以根据本单位、本地区具体情况另行制定管理办法。
第二十五条 本办法自发布之日起执行。以前发布的有关防汛储备物资的管理规定与本办法有抵触的,以本办法为准。
第二十六条 本办法由财政部负责解释。


中山市医疗收费管理办法

广东省中山市人民政府


中山市医疗收费管理办法


(1998年11月3日,市政府以中府[1998]97号文颁布)

  第一条 为加强医疗收费管理,促进医疗事业的发展,维护医疗单位和群众的合法权益,根据《中华人民共和国价格法》、《广东省医疗收费管理办法》和国家有关法律、法规规定,结合我市实际,制定本办法。
  第二条 凡在我市辖区内从事医疗服务的单位,包括综合医院、专科医院、医疗中心、门诊部(所)、卫生站和个人行医均适用本办法。
  第三条 市物价、卫生、财政等部门应根据各自职责,加强对社会医疗服务收费工作的管理和监督。
  第四条 医疗服务是防病治病,保障人民群众健康,具有公益性的社会福利事业。各医疗单位为群众提供的服务分为基本医疗服务和特需医疗服务。
基本医疗服务是指病患者从医疗单位获得的必需的检查和治疗(包括诊治、检查、检验、住院治疗、手术、理疗等)。
特需医疗服务是指医院为了满足病患者在某些方面的特殊需要,并由病患者或其家属自愿选择的医疗服务,包括特需病区、特诊室、专家咨询门诊、特约会诊、家庭医务等所提供的服务。
  第五条 基本医疗服务的收费项目由省物价、卫生、财政部门统一管理;引进新设备、新技术新增医疗服务收费项目,由市物价部门会同卫生、财政部门批准,并分别上报省物价、卫生、财政部门备案。未经批准的项目不得收费。
  第六条 基本医疗收费标准,由市物价部门会同卫生、财政部门审核后,报市人民政府审批,并上报省物价、卫生、财政部门备案。新增医疗收费标准的制定,由医疗单位提出方案,经市卫生部门审核后,报市物价部门审批。
  第七条 基本医疗收费标准的制定,应根据收费项目的服务内容、成本、供需状况、合理利润和应缴税金以及群众、企业的承受能力,邻近地区收费水平等因素确定。
  第八条 各医疗单位在保证做好为群众提供基本医疗服务的前提下,根据社会的需要,经市物价、卫生部门批准,可开设特需医疗服务项目。其特需医疗服务收费标准由医疗单位按实际成本及合理利润的原则自行确定,并在实施前报市卫生、物价部门备案。特需医疗服务,公费医疗、劳保医疗不予报销。
  第九条 计划生育手术费和涉外医疗收费由省统一管理。计划生育手术费实行省定标准,市物价部门根据地方财政的承受能力,在上浮幅度不超过20%,下浮幅度不超过40%的基础上,具体制定标准执行。涉外医疗收费按省有关规定执行。
  第十条 在医院分级管理工作中被评定等级的医院,医疗收费标准在现行收费标准的基础上,实行分级分类上下浮动(挂号费、诊疗费、药品费除外)。具体是:三级甲等上浮15%,三级乙等上浮10%;二级甲等上浮5%,二级丙等下浮5%;一级甲等上浮3%,一级丙等下浮5%,其余等级及未定等级的医院按现行标准执行。
  第十一条 各医疗单位应加强医疗收费管理,要有一名领导分管收费管理工作。凡二级甲等以上及规模较大的医院,必须设专职物价员,其他医疗单位也应设专职或兼职物价员,负责对本单位物价政策执行和收费工作进行管理、监督、检查。
  第十二条 实行收费许可证和收费员上岗证管理制度。凡经批准收费的医疗单位,必须到市物价部门申领《中山市医疗收费许可证》和收费员上岗证,实行亮证收费,并使用财政部门规定的医疗收费收据。
  第十三条 增强医疗收费管理透明度。各医疗单位应将主要的常用的医疗收费项目、收费标准和药品价格在医院明显的地方予以公布,并实行住院医疗收费登记卡制度。同时要设置群众投诉箱及投诉电话以接受社会和群众监督。消费者有权对医疗收费项目和标准提出意见,并向市物价、卫生部门举报乱收费行为。
  第十四条 各医疗单位要加强对本部门工作人员的职业道德教育,不断提高服务质量,纠正行业不正之风;对危重病人应先抢救后收费。坚持因病施治,合理用药,合理检查,合理收费的原则,防止滥用药、滥检查、巧立名目乱收费,以切实减轻社会和群众负担。
卫生防疫部门以及药品检验机构行使监督监测职能,要严格执行国家规定的分工检测范围、检验项目和频次。不得以任何借口乱检验和乱收费,不准多头监测,重复收费。
  第十五条 医疗单位应加强药品价格管理,严格执行国家有关规定。
医疗单位自制药品按自用、不进入市场销售的原则,实行国家指导价管理。
  第十六条 医疗单位应自觉接受物价、卫生、财政部门按照职能对医疗收费及收支情况的监督检查,如实反映医疗收费情况,提供与收费有关的帐目及单据等资料。
  第十七条 凡违反本办法有关规定,有下列行为之一的,由物价、卫生、财政部门按照各自职责权限,视情节轻重,给予通报批评、警告、没收非法所得以及罚款处理。情节严重的,可按管理权限追究主要责任人的行政责任;个体医生可吊销其开业证书。
(1)越权设立收费项目、扩大收费范围或提高收费标准的;
(2)巧立名目,变相多收费的;
(3)收费项目已取消、变更或收费标准已调低,继续按原标准收费的;
(4)滥作检查,滥用药物,重复收费的;
(5)不按规定明码标价的;
(6)特需医疗服务收费不执行备案制度的;
(7)瞒报、虚报、拒报收费收支情况的;
(8)不亮证收费,收费员不持证上岗,或不执行住院登记卡制度及不使用统一规定票据的;
(9)医疗收费不开具收费票据的;
(10)不按规定,自行上浮医疗收费标准的。
  第十八条 本办法自颁布之日起实施。过去本市制定的有关规定,与本办法有抵触的,按本办法执行。