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	REPLY OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE REGARDING THE NATURE OF THE ACT OF ILLEGALLY ENGAGING IN THE BUSINESS OPERATION OF WASTES RESTRICTED FROM IMPORT

	(No. 86 [2003] of the State Administration for Industry and Commerce June 25, 2003)


SUBJECT : ILLEGAL BUSINESS OPERATION OF WASTES RESTRICTED FROM IMPORT
ISSUING DEPARTMENT : STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 06/25/2003
IMPLEMENT DATE : 06/25/2003
LENGTH : 118 words
TEXT :

Regarding Request for Instructions on How to Determine the Nature of the Act of Illegally Engaging in the Business Operation of Wastes Restricted from Import (No.164 [2003] of the Administration for Industry and Commerce of Shanghai Municipality), we hereby make the following reply upon deliberation:

Without the approval of the competent departments of the State, those who buy and sell solid wastes restricted from import which are used as raw materials shall be deemed as an illegal act of disturbing the socialist economic order, and shall be subject to the punishment as provided in section 4, Article 2 of the Detailed Rules of the Interim Regulation on the Administrative Punishment of the Illegal Act of Playing the Market.
Request for Instructions on the Scope of Compensation for Illegal Suspension of Business License (No.150 [2002] of the Administration for Industry and Commerce of Henan Province) has been received. We hereby make the following reply upon deliberation:

We think that a business license is the legal proof of an operator to engage in production and operation activities, if the improper suspension of business license by any industry and commerce authority results in the operator's suspension of production and business, compensation shall be made in accordance with the relevant provisions of the State Compensation Law on the administrative punishment against administrative authorities' illegal ordering of the suspension of production and business.

With respect to the "necessary overhead expenses" mentioned in Item (6) of Article 28 of the State Compensation Law, that is, "If the certificate and license have been revoked and suspension of production and business has been ordered, compensation shall be paid for necessary overhead expenses for the period of such suspension", we deem that the term refers to the basic expenses of the victim for survival during the suspension of production and business, such as the water and electricity fees, storage fee, and basic wages of the employees.