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FISHERIES LAW OF THE PEOPLE’S REPUBLIC OF CHINA (2004 REVISION)

Standing Committee of the National People’s Congress

Fisheries Law Of The People’s Republic Of China (2004 Revision)

(Adopted at the 14th Session of the Standing Committee of the National People’s Congress and promulgated by Order No. 34 of the President
of the People’s Republic of China on January 20th, 1986; amended for the first time according to the “Decision of the Standing Committee
of the National People’s Congress on the Amendment of the Fishery Law of the People’s Republic of China” at the Eighteenth Session
of the Standing Committee of the Ninth National People’s Congress on October 31st, 2000; amended for the second time according to
the “Decision of the Standing Committee of the National People’s Congress on the Amendment of the Fishery Law of the People’s Republic
of China” at the Eleventh Session of the Standing Committee of the Tenth National People’s Congress on August 28th, 2004)

ContentsChapter I General Provisions

Chapter II Aquaculture

Chapter III Fishing

Chapter IV Increase and Protection of Fishery Resources

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated with a view to strengthening the protection, growth, development and rational utilization of fishery resources,
developing artificial cultivation, protecting fishery workers’ lawful rights and interests and boosting fishery production, so as
to fulfill the requirements of socialist construction and the needs of the people.

Article 2

All productive activities of fisheries, such as engaging in aquaculture and catching or harvesting of aquatic animals and plants in
the inland waters, tidal flats and territorial waters of the People’s Republic of China, or in other sea areas under the jurisdiction
of the People’s Republic of China, must abide by this Law.

Article 3

Regarding fishery production, the state shall adopt a policy that calls for simultaneous development of aquaculture, fishing and processing,
with special emphasis on aquaculture and with priority given to different pursuits in line with local conditions.

People’s governments at various levels shall cover fishery production into their economic development plans and take measures to enhance
the overall planning and comprehensive utilization of water areas.

Article 4

The state shall encourage research in fishery science and technology as well as popularization of advanced technology so as to improve
the level of the country’s fishery science and technology.

Article 5

People’s governments at various levels shall give moral encouragement or material awards to entities and individuals who make outstanding
contributions to the increase and protection of fishery resources, to development of fishery production, or to research in fishery
science and technology.

Article 6

The department of fishery administration under the State Council shall be in charge of the administration of fisheries throughout
the country. Departments of fishery administration under people’s governments at the county level or above shall be in charge of
fisheries in their respective areas. These departments shall be authorized to set up fishery superintendency agencies in important
fishing areas and fishing ports. Departments of fishery administration under people’s governments at or above the county level and
their fishery superintendency agencies may appoint fishery inspectors who will implement assignments entrusted thereto by those departments
and agencies.

Article 7

Supervision over and administration of fisheries shall adhere to the principle of unified leadership and decentralized administration.

Marine fishery shall be under the superintendence of departments of fishery administration under the people’s governments of provinces,
autonomous regions and centrally-administered municipalities contiguous to the sea, with the exception of those sea areas and fishing
grounds with specially designated fishery resources that the State Council has placed under direct administration of its fishery
department and subordinate fishery superintendency agencies.

Fishery in rivers and lakes shall be subject to the superintendence of the departments of fishery administration under the relevant
people’s governments at or above the county level in conformity with administrative divisions. Fishery administration for water areas
that straddle several administrative divisions shall be decided by the relevant people’s governments at or above the county level
through consultation or placed under the superintendence and management by the departments of fishery administration of people’s
governments at the next higher level and their subordinate fishery superintendency agencies.

Article 8

Foreigners and foreign fishing vessels must obtain permission from the relevant department under the State Council prior to entering
the territorial waters of the People’s Republic of China to carry out fishery production or investigations of fishery resources,
and must observe this Law and other relevant laws and regulations of the People’s Republic of China. If those persons and vessels
belong to countries that have entered into relevant accords or agreements with the People’s Republic of China, their activities shall
be conducted in conformity with those accords or agreements.

State fishery administration and fishing port superintendency agencies shall conduct administrative and supervisory authority over
external relations relating to fisheries and fishing ports.

Article 9

Neither the department in charge of fishery administration as well as its institutions for the supervision over and administration
of fishery nor their staff shall participate or be engaged in the activities of fishery production and operation.

Chapter II Aquiculture

Article 10

The state shall encourage entities under ownership by the whole people, entities under collective ownership and individuals to make
the best use of suitable water surfaces and tidal flats to develop aquaculture.

Article 11

The State shall make united programming on utilization of water areas, and determine which water areas and beaches may be utilized
for aquatic breeding industry. Where an entities or an individual uses a water area or beach with ownership by the whole people which
is determined by the State programming to be used for aquatic breeding industry, the user shall apply to the department in charge
of fishery administration of the local people’s government at or above the county level for the aquatic breeding certificate which
shall be examined and issued by the people’s government at the same level. With this certificate, the user is permitted to undertake
aquatic breeding production in the aforesaid water area or beach. Specific measures for the examination and issuance of aquatic breeding
certificates shall be provided for by the State Council.

Water areas and beaches with collective ownership or with ownership by the whole people but used by the agricultural collective business
organization may be individually or collectively contracted for aquatic breeding production.

Article 12

The local people’s government at the county level or above shall give precedence to the local fishery producers while checking and
issuing aquatic breeding certificates.

Article 13

Where any dispute arises between the parties due to the aquatic breeding production with a water area or beach determined by the State
programming to be used for aquatic breeding industry, it shall be handled in line with the procedures prescribed in relevant laws.
Before the dispute is settled, neither party shall destroy the aquatic breeding production.

Article 14

Where a water area or beach with collective ownership is requisitioned for use for State construction, it shall be handled in conformity
with the provisions pertaining to the requisition of land in the Law of the People’s Republic of China on Administration of Land.

Article 15

The local people’s government at the county level or above shall take measures to enhance its protection on the production bases of
commercial fish and the key water areas for aquatic breeding in the suburban areas of the city.

Article 16

The state shall encourage and support the breeding, cultivation and popularization of good aquatics. No new aquatic may be popularized
unless it has been examined and approved by the National Committee for Examination and Approval of Original Breeding and Good Breeding
and has been announced by the fishery administrative department of the State Council.

The import and export of aquatic fingerlings shall be examined and approved by the department in charge of fishery administration
of the State Council or of the provincial, autonomous regional, municipal people’s governments.The production of aquatic fingerlings
shall be examined and approved by the department in charge of fishery administration of the local people’s government at the county
level or above, with an exception of the aquatic fingerlings cultivated or used by the fishery producers themselves.

Article 17

Quarantine must be executed for the import and export of aquatic fingerlings so as to prevent disease from passing into or out of
the territory. Specific quarantine work shall be carried out in conformity with the provisions in the laws and administrative regulations
on the quarantine of animals and plants imported and exported.

The safety for imported transgenosis aquatic fingerlings must be evaluated. Specific administration shall be carried out in conformity
with relevant provisions of the State Council.

Article 18

The department in charge of fishery administration of the local people’s government at the county level or above shall enhance technical
guidance and disease prevention for the aquatic breeding production.

Article 19

Baits or feedstuff containing poisonous or harmful substances shall not be used in the aquatic breeding production.

Article 20

In the aquatic breeding production, the ecological environment of water areas shall be protected, and the aquatic breeding density
shall be scientifically determined, baits be rationally cast, fertilizer be reasonably thrown, and medicament be sensibly used. The
water areas shall not be polluted.

Chapter III Fishing

Article 21

The State shall take measures in finance, credit and taxation to encourage and support the development of ocean fishery industry,
and arranges continental-river and inshore fishing pursuant to the fishable amount of the fishery resources.

Article 22

The State shall determine the total fishable amount of the fishery resources and implements fishing quota system in conformity with
the principle that the fishing amount shall be lower than the growth amount of the fishery resources. The department in charge of
fishery administration of the State Council shall be responsible for organizing the investigation and evaluation of fishery resources,
and provide scientific basis for the implementation of the fishing quota system. The total amount of the fishing quota for inland
seas, territorial seas, exclusive economic zones and other jurisdictional seas of the People’s Republic of China shall be determined
by the department in charge of fishery administration of the State Council, and shall be distributed and reported to the governments
level by level after it is submitted to and approved by the State Council. The total amount of the fishing quota for important rivers
and pools determined by the State shall be determined by relevant provincial, autonomous regional, municipal people’s governments
or determined through consultation, and shall be distributed and reported level by level. The distribution of the total amount of
the fishing quota shall embody the principle of fairness and justness. The distribution methods and distribution results must be
open to the society and be supervised.

The department in charge of fishery administration of the State Council and of the provincial, autonomous regional, municipal people’s
governments shall strengthen its supervision and inspection over the implementation of the fishing quota system. As regarding the
amount which exceed the fishing quota target required by the upper level, the aforesaid department shall check and reduce its fishing
quota of the next year.

Article 23

The State shall implement fishing license system on fishery industry.

The fishing licenses for large scale dragnet and pursue net operation on the sea and the fishing operation on the mutually administered
fishing areas determined by the agreement concluded between the People’s Republic of China and a relevant country or the fishing
operation on the high seas shall be approved and issued by the department in charge of fishery administration of the State Council.
The fishing licenses for other operations shall be approved and issued by the department in charge of fishery administration of the
local people’s government at the county level or above. However, the fishing licenses approved and issued for operations on the sea
shall not exceed the target required by the State on the control of vessel and net facilities. Specific measures shall be prescribed
by the provincial, autonomous regional, municipal people’s governments.

Fishing licences may not be sold, leased or transferred by other illegal means, nor they may be altered.

Fishing operations on jurisdictional seas of other countries shall be approved by the department in charge of fishery administration
of the State Council, and observe relevant treaties and agreements concluded or acceded to by the People’s Republic of China and
the laws of relevant countries.

Article 24

A fishing license may be issued to the applicant only if he satisfies the following conditions:

(1)

he has the fishing vessel inspection certificate;

(2)

he has the fishing vessel registration certificate;

(3)

he satisfies other conditions prescribed by the department in charge of fishery administration of the State Council.

The fishing certificates approved and issued by the department in charge of fishery administration of the local people’s government
at the county level or above shall accord with the fishing quota target required by the department in charge of fishery administration
of the people’s government at the upper level.

Article 25

The entity or individual engaged in fishing operation must abide by the provisions in the fishing license on type of operation, location,
time limit, quantity of fishing facilities and fishing quota, and observe relevant provisions of the State on the protection of fishery
resources. Large scale fishing vessels shall keep fishing logs.

Article 26

Vessels that are produced, rebuilt, purchased and imported for shipping operation must be checked and proved qualified by the fishing
vessel inspection department before it is launched for operation. Specific measures shall be prescribed by the State Council.

Article 27

The construction of fishing harbors shall comply with the State’s united programming, and the principle of benefiting the investors
shall be implemented. The local people’s government at the county level or above shall strengthen its supervision and administration
over the fishing harbors located in its own administrative region, and maintain the normal order of these fishing harbors.

Chapter IV Increase and Protection of Fishing Resources

Article 28

Departments of fishery administration under the people’s governments at and above the county level shall work out overall plans and
take measures to increase fishery resources in the fishery waters under their jurisdiction. These departments may collect fees from
the entities and individuals profited by the use of such waters and devote the money thus collected to the growth and protection
of fishery resources. The procedures for collecting such fees shall be stipulated by the department of fishery administration and
the department of finance under the State Council, and must be approved by the State Council before coming into force.

Article 29

The State shall protect germ plasm resources of aquatic products and their surviving environment, and establish preservation areas
for germ plasm resources of aquatic products in the main regions where germ plasm resources of aquatic products with high economic
value and heredity and breeding value can increase and breed. No entity or individual shall be engaged in fishing activities in the
preservation areas for germ plasm resources of aquatic products without the approval by the department in charge of fishery administration
of the State Council.

Article 30

Such methods of destroying fishery resources as killing fish by explosion, with poison or with electricity, etc. are banned for fishing.
It is banned to produce, sell or use prohibited fishing facilities. It is banned to go fishing in the prohibited fishing areas or
within the prohibited fishing periods. It is banned to go fishing with nets smaller than the smallest size of mesh. The undersized
fish among the fishing gains shall not exceed the stipulated proportion. It is banned to sell illegally fished fishing gains in the
prohibited fishing areas or within the prohibited fishing periods.

The varieties of fishery resources under key protection as well as their fishable standards, the prohibited fishing areas and the
prohibited fishing periods, fishing facilities and fishing methods banned to be used, the smallest size of mesh, and other measures
to protect fishery resources shall be prescribed by the department in charge of fishery administration of the State Council or of
the provincial, autonomous regional, municipal people’s governments.

Article 31

Catching fry of aquatic animals of important economic value shall be prohibited. Catching fry of aquatic animals of important economic
value or spawning aquatic animals under protection for artificial breeding or for other special purposes must be approved by the
department of fishery administration under the State Council or by departments of fishery administration under the people’s governments
of provinces, autonomous regions, and municipalities directly under the Central Government, and it must be conducted in the designated
areas and times and strictly in conformity with the quotas assigned.

Measures shall be adopted to protect fry of aquatic animals when channeling or using water from water areas that specialize in producing
such fry.

Article 32

When building sluices and dams which will have serious impact on fishery resources on the migration routes of fish, shrimp and crabs,
the construction entities must build fish passages or adopt other remedial measures.

Article 33

With respect to water bodies that are used for fisheries and also serve the purposes of water storage and regulation and irrigation,
the departments concerned shall fix the lowest water level required for fishery.

Article 34

It shall be banned to reclaim land from lakes. Without approval from a people’s government at or above the county level, it shall
be prohibited to enclose tidal flats for cultivation and no one shall be allowed to reclaim land from water areas that are used as
major seedling producing centres and aquatic breeding grounds.

Article 35

With respect to conducting underwater explosions, exploration and construction that may have serious impact on fishery resources,
the construction entities shall consult in advance with the department of fishery administration under the relevant people’s government
at or above the county level and take measures to prevent or minimize the damage to fishery resources. In case any damages to fishery
resources occur therefrom, the relevant people’s government at the county level or above shall order the responsible party to bear
compensation.

Article 36

The people’s governments at all levels shall take measures to safeguard and improve the ecological environment of fishery water areas,
prevent and cure pollution.

The supervision over and administration of the ecological environment of fishery water areas as well as the investigation and treatment
of fishery pollution accidents shall be implemented in conformity with relevant provisions in the Law of the People’s Republic of
China on the Protection of Sea Environment and the Law of the People’s Republic of China on the Prevention and Cure of Water Pollution.

Article 37

The State shall conduct key protection on aquatic wild animals which are valuable or in severe danger such as white-flag dolphins,
etc. in order to prevent them from extinction. It is banned to fish and kill, or hurt the aquatic wild animals under the State’s
key protection. Where it is needed to fish the aquatic wild animals under the State’s key protection due to scientific research,
domestication and breeding, exhibition or other special circumstances, it shall be carried out in line with the provisions in the
Law of the People’s Republic of China on the Protection of Wild Animals.

Chapter V Legal Liability

Article 38

Where the methods of destroying fishery resources such as killing fish by explosion, with poison or with electricity, etc. are used
for fishing, the provisions on banned fishing areas or banned fishing periods are violated in fishing, or banned fishing facilities,
fishing methods or nets smaller than the smallest size of mesh are used for fishing, or the undersized fish among the fishing gains
exceeds the stipulated proportion, the fishing gains and illegal proceeds shall be confiscated, and a fine of not more than 50,000
yuan shall be imposed; if the case is gross, the fishing facilities shall be confiscated and the fishing license shall be rescinded;
if the case is particularly serious, the fishing vessel may be confiscated; if such acts commit a crime, criminal liabilities shall
be prosecuted pursuant to the law.

The department in charge of fishery administration of the local people’s government at the county level or above shall in time investigate
and dispose of the acts of selling illegally fished fishing gains in the banned fishing areas or within the banned fishing periods.

In case fishing facilities prohibited to be used are produced or sold, the illegally produced or sold fishing facilities and the illegal
proceeds shall be confiscated, and a fine of not more than 10,000 yuan shall be imposed.

Article 39

With respect to anyone who steals or loots the aquatic products bred by others or destroy the breeding water or breeding facilities
of others, he shall be ordered to remedy his acts, and may be imposed a fine of not more than 20,000 yuan; if such acts cause any
damage to others, he shall bear the compensation liability pursuant to the law; if such acts commit a crime, criminal liabilities
shall be prosecuted pursuant to the law.

Article 40

Where a water area or beach with ownership by the whole people used for aquatic breeding production lies waste for one year or longer
without any justifiable reason, the authority which issues the aquatic breeding certificate shall order the user to develop and utilize
it within a time limit; in case the user fail to develop and utilize it within the time limit, his aquatic breeding certificate shall
be rescinded, and a fine of not more than 10,000 may also be imposed.

With respect to anyone who is engaged in aquatic breeding production in a water area with ownership by the whole people without permission
before obtaining the aquatic breeding certificate according to the law, he shall be ordered to remedy his acts, and re-apply for
the aquatic breeding certificate or dismantle the aquatic breeding facilities within a time limit.

With respect to anyone who is engaged in aquatic breeding production in a water area with ownership by the whole people prior to obtaining
the aquatic breeding certificate according to the law or who exceeds the permitted fishing scope in the aquatic breeding certificate,
thus hinders water carriage or flood drainage, he shall be ordered to dismantle the aquatic breeding facilities within a time limit,
and may be imposed a fine of not more than 10,000 yuan.

Article 41

With respect to anyone who goes fishing without permission prior to obtaining the fishing license pursuant to the law, the fishing
gains and illegal proceeds shall be confiscated, and a fine of not more than 100,000 yuan shall be imposed; if the case is gross,
the fishing facilities and the fishing vessel may also be confiscated.

Article 42

With respect to anyone who goes fishing in violation of the provisions in the fishing license on type of operation, location, time
limit, quantity of fishing facilities, the fishing gains and illegal proceeds shall be confiscated, and a fine of not more than 50,000
yuan may also be imposed; if the case is serious, the fishing facilities may also be confiscated and the fishing license be rescinded.

Article 43

Where the fishing license is altered, bought, sold, leased or otherwise transferred, the illegal proceeds shall be confiscated, and
the fishing license be revoked, and a fine of not more than 50,000 yuan may also be imposed; where the acts of forging, mutilating,
buying or selling the fishing license commit a crime, criminal liabilities shall be prosecuted pursuant to the law.

Article 44

Where the aquatic fingerlings are illegally produced, imported or exported, the fingerlings and illegal proceeds shall be confiscated,
and a fine of not more than 50,000 yuan shall be imposed.With respect to anyone who is engaged in feeding aquatic fingerlings without
being examined, determined and approved, he shall be ordered to cease the operation immediately, the illegal proceeds shall be confiscated,
and a fine of not more than 50,000 yuan may also be imposed.

Article 45

With respect to anyone who is engaged in fishing activities in an preservation area for germ plasm resources of aquatic products without
permission, he shall be ordered to cease fishing immediately, the fishing gains and fishing facilities shall be confiscated, and
a fine of not more than 10,000 yuan may also be imposed.

Article 46

Where a foreigner or a foreign fishing vessel violates the provisions in this Law by entering the jurisdictional water areas of the
People’s Republic of China to be engaged in fishery production or activities for investigation of fishery resources, he/it shall
be ordered to leave or be banished, the fishing gains and fishing facilities may be confiscated, and a fine of not more than 500,000
yuan may also be imposed; if the case is serious, the fishing vessel may be confiscated; if such acts commit a crime, criminal liabilities
shall be prosecuted pursuant to the law.

Article 47

With respect to anyone who destroys the ecological environment of fishery water areas or causes any fishery pollution accident, his
legal liabilities shall be prosecuted pursuant to the provisions in the Law of the People’s Republic of China on the Protection of
Sea Environment and the Law of the People’s Republic of China on the Prevention and Cure of Water Pollution.

Article 48

The administrative penalties stipulated in this Law shall be decided by the department in charge of fishery administration of the
people’s government at the county level or above as well as its institutions for the supervision and administration of fishery, unless
that this Law has already stipulated the penalty authority.

Where, in the execution of law on the sea, there are clear facts and sufficient evidence for the acts of fishing by violating the
provisions on banned fishing areas or banned fishing periods or by using banned fishing facilities, fishing methods, and the acts
of fishing without obtaining the fishing license, but the administrative penalty decision cannot be made or enforced in presence
in conformity with legal procedures, the fishing license, fishing facilities or fishing vessel may be temporarily distrained in advance,
and the administrative penalty decision shall be made and enforced in the harbor pursuant to the law.

Article 49

Where the department in charge of fishery administration and its institutions for the supervision over and administration of fishery
as well as their staff violate the provisions in this Law in checking and issuing licenses, distributing fishing quota or in the
activities of fishery production and operation, or conduct other acts of neglecting their duty and not performing the legal obligations,
abusing the administrative power, practicing fraudulence for personal interests, they shall be subject to administrative sanctions
pursuant to the law; if such acts commit a crime, criminal liabilities shall be prosecuted pursuant to the law.

Chapter VI Supplementary Provisions

Article 50

This Law shall be implemented as of July 1st, 1986.



 
Standing Committee of the National People’s Congress
2004-08-28

 







PROTECTION OF WILDLIFE LAW

Law of the People’s Republic of China on the Protection of Wildlife

(Adopted at the Fourth Meeting of the Standing Committee of the Seventh National People’s Congress on November 8,
1988 and promulgated by Order No.9 of the President of the People’s Republic of China on November 8, 1988; amended according to the
Decision on Amending the Law of the People’s Republic of China on the Protection of Wildlife, adopted at the 11th Meeting of the
Standing Committee of the Tenth National People’s Congress on August 28, 2004) 

Contents 

Chapter I     General Provisions 

Chapter II    Protection of Wildlife 

Chapter III   Administration of Wildlife 

Chapter IV    Legal Liabilities 

Chapter V     Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  This Law is formulated for the purpose of protecting and saving the species of wildlife which are rare or near extinction,
protecting, developing and rationally utilizing wildlife resources and maintaining ecological balances. 

Article 2  All activities within the territory of the People’s Republic of China concerning the protection, domestication, breeding,
development and utilization of species of wildlife must be conducted in conformity with this Law.     

The wildlife protected under this Law refers to the species of terrestrial and aquatic wildlife which are rare or near extinction
and the species of terrestrial wildlife which are beneficial or of important economic or scientific value. 

The wildlife referred to in the provisions of this Law means the wildlife which shall enjoy protection as prescribed in the preceding
paragraph. 

As regards the protection of the species of aquatic wildlife other than those which are rare or near extinction, the provisions of
the Fisheries Law shall apply. 

Article 3  Wildlife resources shall be owned by the State. 

The state protects the lawful rights and interests of units and individuals engaged in the development or utilization of wildlife
resources according to law. 

Article 4  The State pursues a policy of strengthening the protection of wildlife resources, actively domesticating and breeding
the species of wildlife, and rationally developing and utilizing wildlife resources, and encourages scientific research on wildlife. 

Units and individuals that have made outstanding achievements in the protection of wildlife resources, in scientific research on
wildlife, or in the domestication and breeding of wildlife shall be awarded by the government. 

Article 5  Citizens of the People’s Republic of China shall have the duty to protect wildlife resources and the right to inform
the authorities of or file charges against acts of seizure or destruction of wildlife resources. 

Article 6  The governments at various levels shall strengthen the administration of wildlife resources and formulate plans and
measures for the protection, development and rational utilization of wildlife resources. 

Article 7  The departments of forestry and fisheries administration under the State Council shall be respectively responsible
for the nationwide administration of terrestrial and aquatic wildlife. 

The departments of forestry administration under the governments of provinces, autonomous regions and municipalities directly under
the Central Government shall be responsible for the administration of terrestrial wildlife in their respective areas.  The departments
in charge of the administration of terrestrial wildlife under the governments of autonomous prefectures, counties and municipalities
shall be designated by the governments of provinces, autonomous regions or municipalities directly under the Central Government. 

The departments of fishery administration under the local governments at or above the county level shall be responsible for the administration
of aquatic wildlife in their respective areas. 

Chapter II 

Protection of Wildlife 

Article 8  The State protects wildlife and the environment for its survival, and prohibits the illegal hunting, catching or
destruction of wildlife by any unit or individual. 

Article 9  The State gives special protection to the species of wildlife which are rare or near extinction.  The wildlife
under special state protection shall consist of two classes: wildlife under first class protection and wildlife under second class
protection.  Lists or revised lists of wildlife under special state protection shall be drawn up by the administrative department
for wildlife under the state Council and announced after being submitted to and approved by the State Council. 

The wildlife under special local protection, being different from the wildlife under special state protection, refers to the wildlife
specially protected by provinces, autonomous regions or municipalities directly under the Central Government. Lists of wildlife under
special local protection shall be drawn up and announced by the governments of provinces, autonomous regions or municipalities directly
under the Central Government and shall be submitted to the State Council for the record. 

Lists or revised lists of terrestrial wildlife under state protection, which are beneficial or of important economic or scientific
value, shall be drawn up and announced by the administrative department for wildlife under the State Council. 

Article 10  The administrative department for wildlife under the State Council and governments of provinces, autonomous regions
and municipalities directly under the Central Government shall, in the main districts and water areas where wildlife under special
state or local protection lives and breeds, designate nature reserves and strengthen the protection and administration of wildlife
under special state or local protection and the environment for its survival. 

The designation and administration of nature reserves shall be effected in accordance with the relevant provisions of the State Council. 

Article 11  Administrative departments for wildlife at various levels shall keep watch on  and monitor the impact of the
environment on wildlife. If the environmental impact causes harm to wildlife, the administrative departments for wildlife shall conduct
investigation and deal with the matter jointly with the departments concerned. 

Article 12  If a construction project produces adverse effects on the environment for the survival of wildlife under special
state or local protection, the construction unit shall submit a report on the environmental impact.  The department of environmental
protection shall, in examining and approving the report, seek the opinion of the administrative department for wildlife at the same
level.  

Article 13  If natural disasters present threats to wildlife under special state or local protection, the local governments
shall take timely  measures to rescue them. 

Article 14  If the protection of wildlife under special state or local protection causes losses to crops or other losses, the
local governments shall make compensation for them. Measures for such compensation shall be formulated by the governments of provinces,
autonomous regions and municipalities directly under the Central Government.  

Chapter III 

Administration of Wildlife 

Article 15  The administrative departments for wildlife shall regularly carry out surveys of wildlife resources and keep records
of them. 

Article 16  The hunting, catching or killing of wildlife under special state protection shall be prohibited. Where the catching
or fishing for wildlife under first class state protection is necessary for scientific research, domestication and breeding, exhibition
or other special purposes, the unit concerned must apply to the administrative department for wildlife under the State Council for
a special hunting and catching license; where the catching or hunting of wildlife under second class state protection is intended,
the unit concerned must apply to the relevant administrative department for wildlife under the government of a province, an autonomous
region or a municipality directly under the Central Government for a special hunting and catching license. 

Article 17  The State encourages the domestication and breeding of wildlife. 

Anyone who intends to domesticate and breed wildlife under special state protection shall obtain a license. Administrative measures
for such licenses shall be formulated by the administrative department for wildlife under the State Council. 

Article 18  Anyone who intends to hunt or catch wildlife that is not under special state protection must obtain a hunting license 
and observe the hunting quota assigned. 

Anyone who intends to hunt with a gun must obtain a gun license from the public security organ of the county or municipality concerned. 

Article 19  Anyone engaged in the hunting or catching of wildlife shall observe the prescriptions in his special hunting and
catching license or  his hunting license with respect to the species, quantity, area and time limit. 

Article 20  In nature reserves and areas closed to hunting, and during seasons closed to hunting, the hunting and catching of
wildlife and other activities which are harmful to the living and breeding of  wildlife shall be prohibited. 

The areas and seasons closed to hunting as well as the prohibited hunting gear and methods shall be specified by governments at or
above the county level or by the administrative departments for wildlife under them. 

Article 21  The hunting or catching of wildlife by the use of military weapons, poison or explosives shall be prohibited. 

Measures for the control of the production, sale and use of hunting rifles and bullets shall be formulated by the department of forestry
administration under the State Council jointly with the public security department, and shall enter into force after being submitted
to and approved by the State Council. 

Article 22  The sale and purchase of wildlife under special state protection or the products thereof shall be prohibited. Where
the sale, purchase or utilization of wildlife under first class state protection or the products thereof is necessary for scientific
research, domestication and breeding, exhibition or other special purposes, the unit concerned must apply for approval by the administrative
department for wildlife under the State Council or by a unit authorized by the same department. Where the sale, purchase or utilization
of wildlife under second class state protection or the products thereof is necessary, the unit concerned must apply for approval
by the administrative department for wildlife under the government of the relevant province, autonomous region or municipality directly
under the Central Government or by a unit authorized by the same department. 

Units and individuals that domesticate and breed wildlife under special state protection may, by presenting their domestication and
breeding licenses, sell wildlife under special state protection or the products thereof, in accordance with the relevant regulations,
to purchasing units designated by the government. 

The administrative authority for industry and commerce shall exercise supervision and control over wildlife or the products thereof
that are placed on the market. 

Article 23 The transportation or carrying of wildlife under special state protection or the products thereof out of any county must
be approved by the administrative department for wildlife under the government of the relevant province, autonomous region or municipality
directly under the Central Government, or by a unit authorized by the same department. 

Article 24  The export of wildlife under special state protection or the products thereof, and the import or export of wildlife
or the products thereof, whose import or export is restricted by international conventions to which China is a party, must be approved
by the administrative department for wildlife under the State Council or by the State Council, and an import or export permit must
be obtained from the state administrative organ in charge of the import and export of the  species which are near extinction.
The Customs shall clear the imports or exports after examining the import or export permit. 

The export of the species of wildlife involving scientific and technological secrets shall be dealt with in accordance with relevant
provisions of the State Council.  

Article 25  The forgery, sale or resale or transfer of special  hunting and catching licenses, hunting licenses, domestication
and breeding licenses, and import and export permits shall be prohibited. 

Article 26  Where any foreigner intends, in the territory of China, to make surveys of or to film or videotape wildlife under
special state protection in the field, he must apply for approval by the administrative department for wildlife under the State Council
or by a unit authorized by the same department. 

The establishment of hunting grounds open to foreigners shall be registered with the administrative department for wildlife under
the State Council.       

Article 27  Anyone engaged in the utilization of wildlife or the products thereof shall pay a fee for the protection and administration
of wildlife resources. The schedule of the fee and the procedure for collecting it shall be formulated by the administrative department
for wildlife under the State Council jointly with the financial and pricing authorities and shall enter into force after being submitted
to and approved by the State Council. 

Article 28  Anyone who has caused losses to crops or other losses while hunting or catching wildlife shall be held responsible
for compensation. 

Article 29  The local governments concerned shall take measures to prevent and control the harm caused by wildlife so as to
guarantee the safety of human beings and livestock and ensure agricultural and forestry production. 

Article 30  The administrative measures for wildlife under special local protection and for other wildlife that is not under
special state protection shall be formulated by the standing committees of the people’s congresses of provinces, autonomous regions
and municipalities directly under the Central Government. 

Chapter IV 

Legal Liabilities 

Article 31  Anyone who illegally catches or kills wildlife under  special state protection shall be prosecuted for criminal
responsibility in accordance with the supplementary provisions on punishing the crimes of catching  or killing the species of
wildlife under special state protection which are rare or near extinction. 

Article 32  If anyone, in violation of the provisions of this Law, hunts or catches wildlife in an area or during a season closed
to hunting or uses prohibited hunting gear or methods for the purpose, his catch, hunting gear and unlawful income shall be confiscated
and he shall be fined by the administrative department for wildlife; if the circumstances are serious enough to constitute a crime,
he shall be prosecuted for criminal responsibility  in accordance with the provisions of Article 130 of the Criminal Law. 

Article 33  If anyone, in violation of the provisions of this Law, hunts or catches wildlife without a hunting license or in
violation of the prescriptions of the hunting license,  his catch and unlawful income shall be confiscated and he shall be fined
by the administrative department for wildlife and, in addition, his hunting gear may be confiscated and his hunting license revoked. 

If anyone, in violation of the provisions of this Law, hunts wildlife with a hunting rifle without a license for the rifle, he shall
be punished by a public security organ by applying mutatis mutandis the provisions of the Regulations on Administrative Penalties
for Public Security. 

Article 34  If anyone, in violation of the provisions of this Law, destroys in nature reserves or areas closed to hunting the
main places where wildlife under special state or local protection lives and breeds, he shall be ordered by the administrative department
for wildlife to stop his destructive acts and restore these places to their original state within a prescribed time limit, and shall
be fined. 

Article 35  If anyone, in violation of the provisions of this Law, sells, purchases, transports or carries wildlife under special
state or local protection or the products thereof, such wildlife and products and his unlawful income shall be confiscated by the
administrative authority for industry and commerce and he may concurrently be fined. 

If anyone, in violation of the provisions of this Law, sells or purchases wildlife under special state protection or the products
thereof, and if the circumstances are serious enough to constitute a crime of speculation or smuggling, he shall be prosecuted for
criminal responsibility according to the relevant provisions of the Criminal Law. 

The wildlife or the products thereof thus confiscated shall, in accordance with the relevant provisions, be disposed of by the relevant
administrative department for wildlife or by a unit authorized by the same department. 

Article 36  If anyone illegally imports or exports wildlife or the products thereof, he shall be punished by the Customs according
to the Customs Law; if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility
in accordance with the provisions of the Criminal Law on the crimes of smuggling. 

Article 37  If anyone forges, sells or resells or transfers a special hunting and catching license, a  hunting license,
a domestication and  breeding license, or an import or export permit, his license or permit shall be revoked and his unlawful
income shall be confiscated and he may concurrently be fined by the relevant administrative department for wildlife or the administrative
authority for industry and commerce. 

If anyone who forges or sells or resells a special hunting and catching license or an import or export permit, and if the circumstances
are serious enough to constitute a crime, he shall be prosecuted for  criminal responsibility by applying mutatis mutandis the
provisions of Article 167 of the Criminal Law. 

Article 38  Any staff member of a administrative department for wildlife who neglects  his duty, abuses his power or engages
in malpractices for personal gains shall be subject to administrative sanctions by the  department to which he belongs or by
the competent authority at a higher level; if the circumstances are serious enough to constitute a crime, he shall be prosecuted
for criminal responsibility according to law. 

Article 39  Any party who is dissatisfied with the decision on an administrative sanction may, within 15 days of receiving the 
notification on the sanction, make a request for reconsideration to the authority at the level next higher to the one that made the
decision on the sanction; if he is dissatisfied with the decision on reconsideration made by the authority at the next higher level,
he may, within 15 days of receiving the notification on the decision on reconsideration, institute legal proceedings in the court. 
The party may also directly institute legal proceedings in the court within 15 days of receiving the notification on the sanction. 
If the party neither makes a request for reconsideration, nor institutes legal proceedings in the court, nor complies with the decision
on the sanction, the authority that made the decision on the sanction shall request the court to effect a compulsory execution of
the decision. 

If the party is dissatisfied with a customs penalty or a penalty for violation of public security, the matter shall be dealt with
in accordance with the provisions of the Customs Law or the Regulations on Administrative Penalties for  Public Security. 

Chapter V 

Supplementary Provisions 

Article 40  If any international treaty concerning the protection of wildlife, concluded or acceded to by the People’s Republic
of China, contains provisions differing from those of this Law, the provisions of the international treaty shall apply, unless the
provisions are ones on which the People’s Republic of China has made reservations.  

Article 41  The administrative department for wildlife under the State Council shall, in accordance with this Law, formulate
regulations for its implementation which shall go into effect after being submitted to and approved by the State Council. 

The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central
Government may, in accordance with this Law, formulate measures for its implementation. 

Article 42  This Law shall go into effect as of March 1, 1989.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.







SEED LAW

Seed Law of the People’s Republic of China










(Adopted at the 16th Meeting of the Standing Committee of the Ninth National People’s Congress on July 8, 2000, promulgated
by Order No. 34 of the President of the People’s Republic of China on July 8, 2000, and amended in accordance with the Decision on
Amending the Seed Law of the People’s Republic of China, adopted at the 11th Meeting of the Standing Committee of the Tenth National
People’s Congress on August 28, 2004) 

Contents 

Chapter I     General Provisions 

Chapter II    Protection of Germ Plasm Resources 

Chapter III   Selection and Verification of Varieties 

Chapter IV    Production of Seeds 

Chapter V     Trading in Seeds 

Chapter VI    Use of Seeds 

Chapter VII   Seed Quality 

Chapter VIII  Import and Export of Seeds and Cooperation with Foreign Countries 

Chapter IX    Administrative Management of Seeds 

Chapter X     Legal Responsibility 

Chapter XI    Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  This Law is enacted for the purpose of protecting and making rational use of germ plasm resources, standardizing
the variety selection and the production of, trading in and use of seeds, safeguarding the lawful rights and interests of variety
breeders and seed producers, traders in seeds and seed users, operators and users, improving the quality of seeds, pushing forward
the industrial management of seeds and promoting the development of crop cultivation and the forestry industry. 

Article 2  This Law shall apply to the activities such as variety selection and production of, trading in, use and management
of seeds engaged in within the territory of the People’s Republic of China. 

For purposes of this Law, seeds mean the materials for planting or propagating crops and forest trees, including grains, fruits,
roots, stems, seedlings, sprouts and leaves. 

Article 3  The administrative departments for agriculture and for forestry under the State Council shall be respectively in
charge of the work related to crop seeds and forest tree seeds throughout the country.  The administrative departments for agriculture
and for forestry under the local people’s governments at or above the county level shall be in charge of the work related to crop
seeds and forest tree seeds within their respective administrative regions. 

Article 4  The State supports the efforts to protect germ plasm resources and to select, produce, replace and popularize improved
varieties, encourages the combination of variety selection with seed production and trading in seeds, and rewards the units and individuals
that achieve outstanding successes in the protection of germ plasm resources and in the selection and popularization of improved
varieties. 

Article 5  People’s governments at or above the county level shall make plans for seed development in accordance with the guidelines
of developing agriculture with the help of science and education and in light of the need for the development of crop cultivation
and the forestry industry, and ensure implementation of the plans by taking measures in the fields of finance, loans and taxation
in accordance with the relevant regulations of the State. 

Article 6  The State Council and the people’s governments of provinces, autonomous regions, and municipalities directly under
the Central Government shall establish special funds to support the selection and popularization of improved varieties. Specific
measures in this regard shall be formulated by the State Council. 

Article 7  The State shall establish a system for storing seeds, mainly to meet the need of production in times of calamities
and to ensure the security of agricultural production. The seeds kept in reserve shall be regularly inspected and replaced with new
seeds. Specific measures for seed storage shall be formulated by the State Council. 

Chapter II 

Protection of Germ Plasm Resources 

Article 8  The State protects germ plasm resources in accordance with law, and no units or individuals may seize or impair germ
plasm resources. 

Collecting and cutting natural germ plasm resources that are under special protection of the State are prohibited. Where such collecting
or cutting is required for scientific research or other special purposes, the matter shall be subject to approval by the administrative
department for agriculture or for forestry under the State Council or under the people’s government of a province, autonomous region
or municipality directly under the Central Government. 

Article 9  The State, in a planned way, collects, sorts out, verifies, registers, stores, exchanges and utilizes germ plasm
resources, and regularly issues the catalogue of available germ plasm resources. Specific measures in this respect shall be formulated
by the administrative departments for agriculture and for forestry under the State Council. 

The administrative departments for agriculture and for forestry under the State Council shall establish a national bank of germ plasm
resources, and the administrative departments for agriculture and for forestry under the people’s governments of provinces, autonomous
regions or municipalities directly under the Central Government may, in light of their need, establish germ plasm resources banks
and protection zones or germ plasm resources reserves. 

Article 10  The State has the sovereign right over germ plasm resources.  Any units or individuals that wish to provide
germ plasm resources to people outside China shall apply to the administrative department for agriculture or for forestry under the
State Council for approval; Any introduction of germ plasm resources from abroad shall be handled in accordance with the relevant
regulations laid down by the administrative department for agriculture or for forestry under the State Council. 

Chapter III 

Selection and Verification of Varieties 

Article 11  The administrative departments for agriculture, forestry, science and technology, education, etc. under the State
Council and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall
make arrangements for relevant units to carry out research on the theory, technology and methods for variety selection. 

The State encourages and supports units and individuals in their efforts to select and develop improved varieties. 

Article 12  The State applies the system of protecting new plant varieties, whereby the plant varieties cultivated by artificial
means or developed from wild plants discovered, which possess the characteristics of novelty, uniqueness, conformity and stability,
shall be given the post_title of new plant varieties and the lawful rights and interests of the owners of such plant varieties shall be
protected. The specific measures therefor shall be applied in accordance with the relevant regulations of the State. Where the varieties
selected and bred are popularized, the breeders shall be given appropriate economic benefits in accordance with law. 

Article 13  Where the earnings of units or individuals are reduced because the administrative departments for forestry establish
testing stands, experimental stands, fine tree collection areas or gene banks for selection of improved varieties of forest trees,
the administrative departments for forestry that give the approval shall make economic compensation to the units or individuals in
accordance with the relevant regulations of the State. 

Article 14  The selection, experiment, verification and popularization of transgenic plant varieties shall be subject to security
assessment, and strict security control measures shall be taken. Specific measures in this respect shall be formulated by the State
Council. 

Article 15  Main crop and forest tree varieties shall be subject to verification at the national or provincial level prior to
their popularization. Applicants may directly apply for verification at the provincial or national level. Main crop and forest tree
varieties determined by the administrative departments for agriculture and for forestry under the people’s governments of provinces,
autonomous regions and municipalities directly under the Central Government shall be subject to verification at the provincial level. 

The measures for verifying main crop and forest tree varieties shall embody the principles of fairness, openness, scientificalness
and efficiency and shall be formulated by the administrative departments for agriculture and for forestry under the State Council. 

The administrative departments for agriculture and for forestry under the State Council and those under the people’s governments
of provinces, autonomous regions, and municipalities directly under the Central Government shall respectively set up crop and forest
tree varieties verification committees composed of professionals, which shall be in charge of the verification of main crop and forest
tree varieties. 

With respect to regions with a diversified ecology, the administrative departments for agriculture and for forestry under the people’s
governments of provinces, autonomous regions, and municipalities directly under the Central Government may entrust cities divided
into districts and autonomous prefectures with the verification of the main crop and forest tree varieties, which are suitable for
popularization in regions with special ecology. 

Article 16  The main crop varieties and improved varieties of forest trees verified at the national level shall be announced
by the administrative departments for agriculture and for forestry under the State Council, and they may be popularized in regions
with suitable ecology throughout the country. The main crop varieties and improved varieties of forest trees verified at the provincial
level shall be announced by the administrative departments for agriculture and for forestry under the people’s governments of provinces,
autonomous regions, and municipalities directly under the Central Government, and they may be popularized in regions with suitable
ecology in their own administrative areas; with respect to regions of neighboring provinces, autonomous regions or municipalities
directly under the Central Government that have the same suitable ecology, the said varieties may be introduced upon the approval
of the administrative departments for agriculture and for forestry under the said people’s governments concerned. 

Article 17  No crop varieties that are subject to verification but fail to pass the verification may be announced, traded in
or popularized. 

No forest tree varieties that are subject to verification but fail to pass the verification may be traded in or popularized as improved
varieties. However, where such varieties are really needed for production, the matter shall be submitted to the forest tree varieties
verification committee for confirmation. 

Article 18  Where applicants have objections to the decision that their crop or forest tree varieties fail to pass the verification,
they may apply for review to the original verification committee or to the committee at the next higher level. 

Article 19  Where foreigners, foreign enterprises or other foreign organizations that have no regular domiciles or business
places in China apply for verification of their varieties in China, they shall ask Chinese institutes for scientific research in
seeds or for production of or trading in seeds with the status of legal person to serve as their agents. 

Chapter IV 

Production of Seeds 

Article 20  A license system for the production of commodity seeds of main crops and forest trees shall be applied. 

The licenses for producing hybrid seeds and parent seeds of the main crops, original seeds of conventional varieties and seeds of
improved varieties of main forest trees shall be subject to approval after examination by the administrative department for agriculture
or for forestry under the people’s government at the county level where such seeds are produced, and shall be issued after examination
by the administrative department of agriculture or for forestry under the people’s government of a province, autonomous region or
municipality directly under the Central Government.  The licenses for producing other seeds shall be issued after examination
by the administrative department for agriculture for forestry under the local people’s government at or above the county level where
the seeds are produced. 

Article 21  Units or individuals that apply for seed production licenses shall meet the following requirements: 

(1) having the isolating and breeding facilities for propagating seeds; 

(2) having seed production sites free of epidemic diseases and insect pests or nurse-crop stands designated as such by the administrative
department for forestry under the people’s government at or above the county level; 

(3) having funds and facilities for production and inspection commensurate with seed production; 

(4) having the necessary professionals specialized in seed production and inspection; and 

(5) meeting the other requirements laid down in laws, and rules and regulations. 

Anyone who applies for a license for producing seeds of a plant that has the post_title of a new plant variety shall be subject to written
consent by the owner of such variety. 

Article 22  In a seed production license the varieties of the seeds, the sites for producing such seeds, the effective period
and other matters shall be stated clearly. 

Forging, altering, trading in and leasing seed production licenses are prohibited. No unit or individual without such a license may
produce seeds, and no unit or individual with such a license may do so at variance with the provisions stated in the license. 

Article 23  Commodity seeds shall be produced in compliance with technical regulations on seed production and the rules on seed
inspection and quarantine. 

Article 24  Collection of seeds within forest seed production bases shall be arranged by the operators of the seed production
bases, and the seeds shall be collected in conformity with the relevant standards of the State. 

Plundering of unripe seeds and doing damage to mother trees are prohibited, and no seeds may be collected in inferior forest stands
or from inferior mother trees. 

Article 25  Producers of commodity seeds shall keep files of seed production, in which shall be clearly recorded the production
sites, environments of the plots, preceding crops, source and quality of parent seeds, responsible technicians, inspections conducted
in the fields, meteorological notes of the origins, distribution of seeds, etc. 

Chapter V 

Trading in Seeds 

Article 26  A license system for trading in seeds shall be applied. Only after a seed trading license in obtained may a trader
in seeds apply to the administrative department for industry and commerce for a business license or for altering a business license
on the strength of the seed trading license. 

A system for examination and approval and issue of seed trading licenses at different levels shall be practised. A seed trading license
shall be issued after examination by the administrative department for agriculture or for forestry under the people’s government
at or above the county level where the seed trader is located. The application for a seed trading license for hybrid seeds and parent
seeds of main crops, original seeds of conventional varieties or improved varieties of main forest trees shall be subject to examination
by the administrative department for agriculture or for forestry under the people’s government at the county level where the seed
trader is located, and the license shall be issued after examination by the administrative department for agriculture or for forestry
under the people’s government of a province, autonomous region or municipality directly under the Central Government. The application
for a seed trading license submitted by a seed company which combines the selection breeding, and production of seeds and trading
in seeds and the registered capital of which reaches the amount specified by the administrative department for agriculture or for
forestry under the State Council or submitted by a company that is engaged in import and export of seeds shall be examined by the
administrative department for agriculture or for forestry under the people’s government of a province, autonomous region or municipality
directly under the Central Government and the license shall be issued after examination by the administrative department for agriculture
or for forestry under the State Council. 

Article 27  The remainder of conventional seeds propagated by peasants themselves for their own use may be sold and exchanged
at rural fairs without seed trading licenses, and measures in this respect shall be formulated by the people’s governments of provinces,
autonomous regions or municipalities directly under the Central Government. 

Article 28  The State encourages and supports scientific research institutes, schools, and scientists and technologists in their
efforts to research in and develop new crop varieties and improved forest tree varieties, and to trade in them and spread their use
in accordance with law. 

Article 29  Units or individuals that apply for seed trading licenses shall meet the following requirements: 

(1) having funds commensurate with the seed varieties and quantities traded in and the capability of bearing civil liabilities independently; 

(2) having the personnel who are able to correctly distinguish the seeds traded in and examine seed quality and are skilled in storing
seeds and keeping them in good condition; 

(3) having business sites appropriate to the seed varieties and quantities traded in, the facilities for processing, packing and
storing the seeds and keeping them in good condition, and the instruments for examining seed quality; and 

(4) meeting the other requirements laid down in laws, rules and regulations. 

People who trade specially in packed seeds that are not to be divided into smaller packages, or sell seeds on the basis of written
commission as agents of the seed traders that have seed trading licenses, may go without seed trading licenses. 

Article 30  The effective areas of a seed trading license shall be determined by the authority that issues the license within
its jurisdiction. Where seed traders wish to establish branch offices within the effective areas specified in the trading licenses,
they may dispense with extra licenses; however, they shall, within 15 days from the date they obtain or alter the business licenses,
report for the record to the local administrative departments for agriculture or for forestry and the authority that issues the license. 

Article 31  In a seed trading license shall be clearly stated the scope of seed trading, the mode of business, the effective
term and areas, etc. 

Forging, altering, trading in and leasing of seed trading licenses are prohibited. No unit or individual without such a license may
trade in seeds, and no unit or individual with such a license may do so at variance with the provisions stated in the license. 

Article 32  Seed traders shall observe the provisions in relevant laws, rules and regulations, provide seed users with such
information as the brief properties of seeds, principal measures for planting, instructions for use of the seeds and relevant advisory
services, and they shall be responsible for the quality of the seeds. 

No unit or individual may illegally interfere in the seed traders’ exercise of their right to independent operations. 

Article 33  Without the approval of the administrative department for forestry under the people’s governments of provinces,
autonomous regions or municipalities directly under the Central Government, no seeds of rare trees or forest tree seeds the purchase
of which is restricted in accordance with the regulations of the people’s government at the same level may be purchased. 

Article 34  Seeds for sale shall be processed, graded and packed, except those that cannot be processed or packed. 

Seeds in large package or imported may be divided and repacked; in such cases, the repackaging units shall be clearly stated and
they shall be responsible for the quality of such seeds. 

Article 35  A label shall be attached to the package of the seeds for sale. In such a label shall be clearly stated the seed
family, variety name, origin, quality index, serial number of quarantine certificate, serial number of the seed production or trading
license, or document number of examination and approval for import, etc. What is stated in the label shall be in conformity with
the seeds for sale. 

For the sale of imported seeds, a label in Chinese is needed. 

For the sale of the seeds of transgenic plant varieties, readily readable characters are essential, and safety control measures shall
be indicated for their use. 

Article 36  Seed traders shall keep seed trading files, which shall contain brief information about the seed source, processing,
storage, transportation, the various links of quality test and the responsible persons the places where the seeds are sold to, etc. 

Trading files for annual crop seeds shall be kept for two years after the seeds are sold; the length of time for keeping the trading
files for perennial crop seeds and forest tree seeds shall be specified by the administrative departments for agriculture and for
forestry under the State Council. 

Article 37  The contents of seed advertisements shall be conform to the provisions of this Law and laws, rules and regulations
on advertisements, and the descriptions of the main properties shall agree with what is in the verification announced. 

Article 38  A quarantine certificate shall be attached to the seeds allocated or transported or mailed out of a county. 

Chapter VI 

Use of Seeds 

Article 39  Seed users shall have the right to purchase the seeds of their own free will.  No units or individuals may
illegally interfere in such purchases. 

Article 40  For the afforestation projects invested by the State or invested mainly by the State and for afforestation by State-owned
forestry units, improved forest tree varieties shall be used in accordance with the plans worked out by the administrative departments
for forestry. 

The State provides support and assistance in the wide use of improved forest tree varieties to plant shelter forests and forests
for special use. 

Article 41  Where seed users suffer losses due to seed quality problems, the sellers of the seeds shall make compensation, and
the amount of such compensation shall include the amount of money spent on the purchase of the seeds, relevant expenses and losses
of potential profits. 

Where the liability rests on the seed producers or other traders, the sellers who have paid the compensation shall have the right
to claim compensation from the producers or other sellers. 

Article 42  Where a civil dispute arises over the use of seeds, the parties may have it settled through consultation or mediation.
Where the parties are not willing to do so, or consultation or mediation fails, they may apply to an arbitration institute for arbitration
in accordance with the agreement reached between them. The parties may also directly file a suit to the People’s Court. 

Chapter VII 

Seed Quality 

Article 43 The administrative measures for the quality of seeds in respect of seed production, processing, packaging, inspection
and storage as well as standards of the trade shall be formulated by the administrative departments for agriculture and for forestry
under the State Council. 

The administrative departments for agriculture and for forestry shall be in charge of supervision over seed quality. 

Article 44  The administrative departments for agriculture and for forestry may entrust seed quality inspection authorities
with the inspection of seed quality. 

The authorities for inspection of seed quality shall have the necessary testing facilities and capabilities, and shall be ones that
are regarded as qualified for the job through assessment by the competent departments under the people’s government at or above the
provincial level. 

Article 45  Seed quality examination inspection authorities shall be manned with inspectors. Seed inspectors shall meet the
following requirements: 

(1) having graduated from the secondary vocational or technical schools related to the profession or having received such education
at a higher level; 

(2) having been engaged in the technical work of seed inspection for three years at least; and 

(3) having passed the examination conducted by the administrative department for agriculture or for forestry under the people’s government
at or above the provincial level. 

Article 46  Production and trading in false and inferior seeds are prohibited. 

The following are false seeds: 

(1) non-seeds passed off as seeds, and the seeds of one variety passed off as the seeds of another variety; and 

(2) the family, variety or origin of seeds is not in agreement with what is stated in the label. 

The following are inferior seeds: 

(1) the quality is lower than the standards of seeds for use set by the State; 

(2) the quality is lower than the index indicated in the label; 

(3) the seeds have deteriorated and cannot be used as such; 

(4) the proportion of weed seeds exceeds the specified level; and 

(5) the seeds carry the harmful organisms under quarantine specified by the State. 

Article 47  Where, due to force majeure, it is necessary to use the crop seeds that are lower than the standards of seeds for
use set by the State or by the local authorities, the matter shall be subject to approval by the local people’s government at or
above the county level where the seeds are to be used; where forest tree seeds are concerned, the matter shall be subject to approval
by the people’s government of the province, autonomous region or municipality directly under the Central Government where the seeds
are to be used. 

Article 48  Units or individuals engaged in variety selection, in seed production or trade, or in seed management shall observe
the provisions of the laws, rules and regulations on plant quarantine in order to prevent dangerous plant diseases, insect pests,
weeds and other harmful organisms from spreading. 

No units or individuals may conduct vaccinal experiments against diseases and insect pests at seed production bases. 

Chapter VIII 

Import and Export of Seeds and Cooperation with Foreign Countries 

Article 49  Any seeds imported or exported shall be subject to inspection and quarantine for the purpose of preventing dangerous
plant diseases, insect pests, weeds and other harmful organisms from spreading into or out of China, and inspection and quarantine
shall be carried out in accordance with the provisions of the laws, rules and regulations on entry or exit plant inspection and quarantine. 

Article 50  Legal persons or other organizations engaged in the import or export of commodity seeds shall, in addition to the
seed trading license, obtain the license for the import and export trade of seeds in accordance with the provisions of the laws,
rules and regulations on foreign trade. 

The State Council shall fix the limits of authority for examining and approving the introduction of the seeds of crops and forest
trees from abroad, and formulate measures for examination and approval of the import and export of such seeds and administrative
measures for the introduction of transgenic plant varieties. 

Article 51  The quality of the commodity seeds imported shall reach the standards of the State or of the trade. Where there
are no such standards to go by, the standards agreed upon in a contract may be applied. 

Article 52  Where seeds are imported for producing hybrid seeds for other countries, such imports may be exempt from the restriction
laid down in the provision of the first paragraph of Article 50 of this Law, provided that a contract is signed for the production
of hybrid seeds for foreign countries, the imported seeds are only to be used for the production of hybrid seeds, and the products
are not to be sold at domestic markets. 

The crop seeds introduced from abroad for experiment shall be planted in isolation, and no cuttings therefrom may be sold as commodity
seeds. 

Article 53  The import and export of false and inferior seeds and of the seeds the import and export of which are prohibited
by State regulations are prohibited. 

Article 54  The examination and approval procedures and administrative measures with regard to foreign enterprises, other economic
organizations or individuals that wish to invest in seed production and trading in China shall be formulated by the relevant departments
under the State Council in accordance with the provisions of relevant laws, rules and regulations. 

Chapter IX 

Administrative Management of Seeds 

Article 55  The administrative departments for agriculture and for forestry are the administrative organs for enforcement of
the seed law. When seed law enforcement officials perform their duties in accordance with law, they shall show their administrative
law-enforcement papers. 

For enforcing this Law, the administrative departments for agriculture and for forestry may conduct on-the-spot inspection. 

Article 56  No administrative departments for agriculture or for forestry or their staff members may take part in or engage
in seed production or trading; no seed production or trading businesses may take part in or engage in administrative management of
seeds. The administrative department for seeds and the seed production and trading businesses shall be separated from each other
in respect of personnel and finance. 

Article 57  The administrative departments for agriculture and for forestry unde

THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE AUCTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No. 23

The Decision of the Standing Committee of the National People’s Congress about Amending the Auction Law of the People’s Republic of
China was adopted at the 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of
China on August 28th, 2004. It is hereby promulgated and shall come into effect as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Auction Law of the People’s Republic of
China

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Auction Law of the People’s Republic of China as follows:

1.

Paragraph 3 of Article 5 shall be deleted.

2.

Article 5 (3) shall be deleted.

This Decision shall be implemented as of the date of promulgation.

The Auction Law of the People’s Republic of China shall be re-promulgated after it has been amended in accordance with this Decision.

 
Standing Committee of the National People’s Congress
2004-08-28

 




THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE COMPANY LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No. 20

The Decision of the Standing Committee of the National People’s Congress on Amending the Company Law of the People’s Republic of China
was adopted at the 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China
on August 28th, 2004. It is hereby promulgated and shall be implemented as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Company Law of the People’s Republic of
China

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Company Law of the People’s Republic of China as follows:

Paragraph 2 of Article 131 shall be deleted.

This Decision shall be implemented as of the date of promulgation.

The Company Law of the People’s Republic of China shall be re-promulgated after it has been amended in accordance with this Decision.

 
Standing Committee of the National People’s Congress
2004-08-28

 




THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE FISHERY LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No. 25

The Decision of the Standing Committee of the National People’s Congress about Amending the Fishery Law of the People’s Republic of
China was adopted at the 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of
China on August 28th, 2004. It is hereby promulgated and shall be implemented as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Fishery Law of the People’s Republic of
China

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Fishery Law of the People’s Republic of China as follows:

Article 16 (1) shall be amended as “The state encourages and supports the breeding, cultivation and popularization of good aquatics.
No new aquatic may be popularized unless it has been examined and approved by the National Committee for Examination and Approval
of Original Breeding and Good Breeding and has been announced by the fishery administrative department of the State Council.”

This Decision shall be implemented as of the date of promulgation.

The Fishery Law of the People’s Republic of China shall be re-promulgated after it has been amended in accordance with this Decision.



 
Standing Committee of the National People’s Congress
2004-08-28

 







THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE HIGHWAY LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No. 19

The Decision of the Standing Committee of the National People’s Congress about Amending the Highway Law of the People’s Republic of
China was adopted at the 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of
China on August 28th, 2004. It is hereby promulgated and shall be implemented as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Highway Law of the People’s Republic of
China

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Highway Law of the People’s Republic of China as follows:

The First Paragraph of Article 50 shall be amended as “The vehicles that exceed the limit of load, height, width or length of roads,
road bridges, road tunnels or auto ferries are not allowed to run on such roads, road bridges or in such road tunnel or use such
auto ferries. If it is actually necessary for a vehicle exceeding the load limit of a road or road bridge, it shall be subject to
approval of the competent transportation department of local people’s government at or above the county level and shall adopt effective
safety measures as required. If the goods carried by the vehicle exceed the prescribed limits and can’t be divided into pieces, the
vehicle should run at the specified time, along a specified route and at a specified speed and shall hang an obvious mark”

This Decision shall be implemented as of the date of promulgation.

The Highway Law of the People’s Republic of China shall be re-promulgated after it has been amended in accordance with this Decision.



 
Standing Committee of the National People’s Congress
2004-08-28

 







THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PROTECTION OF WILD ANIMALS

Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No. 24

The Decision of the Standing Committee of the National People’s Congress about Amending the Law of the People’s Republic of China
on the Protection of Wild Animals was adopted at the 11th session of the standing committee of the 10th National People’s Congress
of the People’s Republic of China on August 28th, 2004. It is hereby promulgated and shall be implemented as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Law of the People’s Republic of China
on the Protection of Wild Animals

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Law of the People’s Republic of China on the Protection of Wild Animals as follows:

Paragraph 2 of Article 26 shall be amended as “The establishment of a hunting area open for foreigners shall be reported to the administrative
department of wild animals of the State Council for archival purposes.”

This Decision shall be implemented as of the date of promulgation.

The Law of the People’s Republic of China on the Protection of Wild Animals shall be re-promulgated after it has been amended in accordance
with this Decision.



 
Standing Committee of the National People’s Congress
2004-08-28

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...