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1987

RULES FOR THE IMPLEMENTATION OF FOREIGN EXCHANGE CONTROL RELATING TO INDIVIDUALS

Category  BANKING Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1981-12-31 Effective Date  1981-12-31 Date of Invalidation  1996-04-01


Rules for the Implementation of Foreign Exchange Control Relating to Individuals



(Approved by the State Council on December 31,1981, promulgated by the

State Administration of Foreign Exchange Control on December 31,1981)
(Editor’s Note: These Rules have been annulled by Regulations of the People’s
Republic of China on Foreige Exchange Control promulgated on January 29, 1996
and effective as of April 1, 1996)

    Article 1  These Rules are formulated in order to implement the provisions
of Chapter III of the Interim Regulations on Foreign Exchange Control of the
People’s Republic of China.

    Article 2  When Chinese, foreign nationals and stateless persons residing
in China, receive foreign exchange remitted from foreign countries or from
Hong Kong, Macao or other regions, they must sell it to the Bank of China;
they shall be permitted to retain 10% in foreign exchange of each single large
remittance that is equivalent to 3,000 yuan or more in Renminbi.

    All owners shall enjoy the relevant preferential treatment for overseas
Chinese remittances with respect to the Renminbi that they receive through
sales of foreign exchange remittances to the Bank of China as mentioned above.

    Article 3  When entrusting the Bank of China, to repatriate the foreign
exchange that was kept in foreign countries or in Hong Kong, Macao or other
regions by Chinese residing in China prior to the founding of the People’s
Republic of China, by overseas Chinese prior to their returning to and
settling down in China, or by Hong Kong and Macao compatriots prior to their
returning to and settling down in their native places, and to repatriate the
foreign exchange received by inheriting property in foreign countries or in
Hong Kong, Macao or other regions by Chinese residing in China after the
founding of the People’s Republic of China, by overseas Chinese after their
returning to and settling down in China, or by Hong Kong and Macao compatriots
after their returning to and settling down in their native places, the owners
shall be permitted to retain 30% of the foreign exchange; as to the Renminbi
received after the remaining 70% is converted, the owners may enjoy the
relevant preferential treatment for overseas Chinese remittances.

    Foreign nationals and stateless persons residing in China, when entrusting
the Bank of China to repatriate foreign exchange that they have kept abroad
or that they have received by inheriting property outside China, shall be
permitted to retain a portion of the foreign exchange in accordance with
the percentage as stipulated in the preceding paragraph.

    Article 4  When overseas Chinese and Hong Kong and Macao compatriots, etc.
return to and settle down in China or in their native places, they shall be
permitted to retain 30% of the foreign exchange that they remit or bring into,
if they apply to the Bank within two months after their entry; as to the
Renminbi received after the remaining 70% is converted, the owners may enjoy
the relevant preferential treatment for overseas Chinese remittances. The
application for permission to retain a portion of the foreign exchange brought
into as mentioned above can be made only on the strength of the relevant
Customs declaration form.

    Article 5  When personnel sent by the State to work in foreign countries
or in Hong Kong, Macao or other regions return home upon completion of their
missions, they must promptly remit or bring back to China the remaining
foreign exchange from wages, allowances, etc. that belongs to them, and it
shall not be kept abroad; they shall be permitted to retain the foreign
exchange on the strength of certification issued by Chinese organizations
stationed abroad.

    Article 6  Students, trainees, postgraduate students, scholars, teachers,
coaches and other personnel who are sent by the State to study in foreign
countries or in Hong Kong, Macao or other regions must, upon their return,
promptly remit or bring back to China the remaining amount of the foreign
exchange that they have received during their stay abroad, and it shall not be
kept abroad; they shall be permitted to retain the foreign exchange that they
are enpost_titled to receive, on the strength of certification issued by Chinese
organizations stationed abroad.

    Article 7  The foreign exchange from fees for publication, copyright
royalties, awards, stipend, author’s remuneration, etc. earned by individuals
for publications of their inventions, writings and the like abroad, for
speeches and lectures made in their own names outside China, for their
contributions to foreign newspapers, magazines and specialized journals, etc.,
must promptly be repatriated and shall not be kept abroad; individuals shall
be permitted to retain the foreign exchange that they are enpost_titled to receive
according to the relevant provisions approved by the State Council or the
ministries or commissions concerned, or with the approval of the State
Administration of Foreign Exchange Control.

    Article 8  The foreign exchange that individuals are permitted to retain
under the preceding Articles must be deposited with the Bank of China. Such
deposits in foreign currency may be remitted abroad or may be taken abroad on
the strength of certification issued by the Bank of China; if these deposits
are converted into Renminbi, the owners may enjoy the relevant preferential
treatment for overseas Chinese remittances. However, these deposit
certificates may not, without authorization, be carried or sent out of China
either by holders or by others or by post.

    The foreign exchange retained by individuals may not be dealt with in
violation of the provisions in paragraph 2, Article 4 of the Interim
Regulations on Foreign Exchange Control of the People’s Republic of China.

    Article 9  Chinese, foreign nationals and stateless persons residing in
China shall be permitted to keep in their own possession the foreign exchange
already in China. However, such foreign exchange shall not, without
authorization, be carried or sent out of China by owners or others or by post;
if the owners need to sell the foreign exchange, they must sell it to the Bank
of China, and the matter shall be handled by applying mutatis mutandis the
provisions of Article 2 of these Rules.

    Article 10  The foreign exchange remitted or brought into China from
foreign countries or from Hong Kong, Macao or other regions by foreign
nationals coming to China, by overseas Chinese and Hong Kong and Macao
compatriots returning for a short stay, by foreign experts, technicians, staff
and workers engaged to work in China, and by foreign students and trainees,
etc., may be kept in their own possession, may be sold to or deposited with
the Bank of China, or may be remitted or taken out of China on the strength of
the original Customs declaration form filled out at the time of entry.

    Article 11  When foreign experts, technicians, staff members and workers
engaged to work in organizations within China need to apply for remitting or
taking abroad their foreign exchange, the Bank of China shall handle the
matter in accordance with the stipulations as provided in the relevant
contracts or agreements.

    Article 12  These Rules shall be promulgated and put into effect by the
State Administration of Foreign Exchange Control upon approval by the State
Council.





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE TIME LIMITS FOR HANDLING CRIMINAL CASES

Category  LITIGATION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1981-09-10 Effective Date  1981-09-10  


Decision of the Standing Committee of the National People’s Congress Regarding the Time Limits for Handling Criminal Cases

(Adopted on September 10, 1981)

    Since 1981, the time limits for bandling cases as stipulated in the
Criminal Procedure Law have begin to be carraied out comprehensively
throughout the country, and the great majority of criminal cases can be
concluded within the legally prescribed time limits. However, a small
number of criminal cases which are complicated or involve outlying areas
with poor oommunication have not been concluded within the legally
prescribed time limits because of poor communications, lack of manpower
or other such conditions. In view of this the 20th Meeting of the Standing
Committee of the Fifth National People’s Congress has decided, following
a suggestion made by the Supreme People’s Procuratorate and the Supreme
People’s Court, that criminal cases accepted after January 1, 1981 shall in
general be handled within the time limits for bandling cases as stipulated in
the Criminal Procedure Law, except for a small number of criminal cases
which are complicated or involve outlying areas with poor communications
and which cannot be handled within the time limits stipulated in the
Criminal Procedure Law for investigation, prosecution, adjudication of first
instance and adjudication of second instance; for such cases, the standing
committees of the people’s congresses of the provinces, autonomous regions,
and municipalities directly under the Central Government may, from 1981
through 1983, decide upon or approve an appropriate extension of the time
limits for bandling them.





CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF THE REQUEST FOR INSTRUCTIONS OF THE ADMINISTRATIVE COMMISSION FOR FOREIGN INVESTMENT AND THE MINISTRY OF POST AND TELECOMMUNICATIONS ON FORBIDDING ANY UNITS OR FOREIGN BUSINESSMEN TO ENGAGE IN EXPRESS DELIVERY OF DOCUMENTS IN OUR COUNTRY

Category  POSTS AND TELECOMMUNICATIONS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1981-01-19 Effective Date  1981-01-19  


Circular of the State Council Concerning the Approval and Transmission of the Request for Instructions of the Administrative Commission
for Foreign Investment and the Ministry of Post and Telecommunications on Forbidding Any Units or Foreign Businessmen to Engage in
Express Delivery of Documents in Our Country

The Circular
REQUEST FOR INSTRUCTIONS ON FORBIDDING ANY UNITS OR FOREIGN BUSINESSMEN

(January 19, 1981)

The Circular

    The State Council has approved the Request for Instructions on Forbidding
Any Units or Foreign Businessmen to Engage in Express Delivery of Documents in
Our Country sent by the Administrative Commission for Foreign Investment and
the Ministry of Post and Telecommunications. It is hereby transmitted to you
for implementation.
REQUEST FOR INSTRUCTIONS ON FORBIDDING ANY UNITS OR FOREIGN BUSINESSMEN
TO ENGAGE IN EXPRESS DELIVERY OF DOCUMENTS IN OUR COUNTRY

    International express delivery (also called special delivery of documents
in some countries and regions) is a new postal service emerged in the world
only over 10 years ago. By this postal service, express delivery mail from the
addresser shall be transported with schedule flights, through closely-link
transport means on the way, to the post office at the destination, where it is
immediately delivered to the addressee by hand. This service is characterized
by convenience, speediness, timeliness and safety. The delivery is much faster
than ordinary, air mail, though the charge is also higher. Providing express
delivery not only offers good service to customers, but also increases the
revenues. Since July 15, 1980, the Ministry of Post and Telecommunications of
our country has established express delivery with more than a dozen countries
in the world. With the development of our national economy, this service will
further develop between China and other countries in the world.

    Sometime in April and May, 1980, DHL-SINOTRANS Ltd. in Hong Kong held
discussion with the Guangzhou Municipal Post Office in Guangdong Province
about the express delivery service. In August and September the same year,
Dunhao Company in the United States also held discussions with the
Consultation and Technical Service Company of the Ministry of Foreign Trade
for the same purpose. They were, in fact, asking for the establishment of “a
post office” by foreign private enterprises in order to handle international
mails in the Chinese territory. According to their plan, the Chinese
customers should observe their relevant regulations and, moreover, they would
fix their own charge standards, in which our postal service has no right to
intervene. This would not only infringe upon our sovereignty, right of postal
management and administration and economic interests, but also cause disorder
in the administration of post and communications in our country. Therefore, no
foreign private enterprises are allowed to engage in the business of postal
communication and express delivery of documents. In this connection, the
Ministry of Post and Telecommunications, with the agreement of the
Administrative Commission for Foreign Investment, notified the Administration
for Postal Affairs of Guangdong Province and the Ministry of Foreign Trade on
July 23, 1980 and September 12, 1980 respectively that they must stop their
negotiations with the relevant companies on the ground that the delivery of
letters, printed matters, documents and materials must all be administered and
managed by the General Post Office of the Ministry of Posts and
Telecommunications.

    In late October, 1980, American ALTMAN Co. of the United States started
the service of express delivery of documents at the International Club in
Beijing without authorization. American ALTMAN Co. has rented an office from
the club and hired a staff member from the Friendship Commercial Services
Company of Beijing Municipality in charge of the actual business. Up to now,
several documents have arrived at the Beijing Civil Aviation Administration by
special delivery from Paris, Hong Kong and the United States and have been
delivered to the addressees by the employee. The purpose of the foreign
private enterprises in vying for express delivery service in China is to seize
the business of express delivery of documents between China and other
countries and regions in the world. A consultant of DHL-SINOTRANS Ltd. in the
United States once said that the company was eager to start the business of
express delivery in China, mainly because it wanted to be the first of such
companies; it was ready to lose money on the venture for first three to four
years, but it expected to make big money later. We hold that American ALTMAN
Co.’s unauthorized business in Beijing mentioned above must be stopped.

    At present, a law for postal service has not been formulated in China and
many units do not know that the postal service in China is under unified
management and administration. In order to protect the unification of our
postal service more effectively in the future and forbid any enterprises or
individuals outside the postal department and any foreign businessmen to start
the business of special delivery of documents in China without authorization,
it is necessary to reiterate that any postal service which is run within China
or jointly run with other countries, including the inward or outward delivery
of letters, printed matter, documents and materials and special delivery of
documents, must be administered and managed in a unified way by the Ministry
of Post and Telecommunications, which is responsible for formulation of
unified postal charges and various rules and regulations. Other organs,
enterprises or individuals may not engage in the business of express delivery
of documents in China. Foreign private businessmen in particular shall not be
allowed to have a hand in this line of business.

    If nothing is inappropriate, it is requested that the above be approved
and transmitted to all the localities and departments for implementation.





OFFICIAL REPLY OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING REINVESTMENT IN CHINA WITH DISTRIBUTED PROFIT OF PARTIES OF THE JOINT VENTURE, WHICH HAS BEEN REMITTED ABROAD, CANNOT ENJOY TAX REBATE AS REINVESTMENT

The Ministry of Finance, the State Administration of Taxation

Official Reply of the Ministry of Finance and the State Administration of Taxation Concerning Reinvestment in China with Distributed
Profit of Parties of the Joint Venture, which has been Remitted Abroad, Cannot Enjoy Tax Rebate as Reinvestment

CaiShuiWaiZi [1981] No.82

September 16, 1981

Tianjin Tax Bureau:

The report CaiShui [1981] No.305 was received. Reinvestment with distributed profits of a party to Chinese-foreign equity joint ventures,
which has been remitted abroad and deposited into foreign banks or turn over as trade fund cannot be handled according to regulations
on tax rebate for reinvestment.



 
The Ministry of Finance, the State Administration of Taxation
1981-09-16

 






INTERIM PROCEDURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE SUPERVISION AND CONTROL OVER BONDED GOODS AND BONDED WAREHOUSES

PROVISIONAL RULES OF THE CUSTOMS GOVERNING THE SUPERVISION AND CONTROL OF IMPORT AND EXPORT GOODS AND MATERIALS NEEDED FOR THE COOPERATIVE EXPLORATION AND EXPLOITATION

Provisional Rules of the Customs of the People’s Republic of China Governing the Supervision and Control of Import and Export Goods
and Materials Needed For the Cooperative Exploration and Exploitation

     (Effective Date:1981.10.01–Ineffective Date:)

   Article 1. These Rules have been made in accordance with the Provisional Customs Law of the People’s Republic of China and the spirit of Document
No. 211 (1980) promulgated by the State Council, for the purpose of facilitating the importation and exportation of the goods and
materials needed for the cooperative exploration and exploitation of the offshore petroleum of our country.

   Article 2. The Customs shall, in accordance with the documents and contracts (including sub-contracts–the same hereinafter) approved by the
State Council or its authorised organs, exercise supervision and control over all the goods and materials imported and exported by
the oil companies for the exploration and exploitation of the offshore petroleum of our country.

After the determination of an engineering project, the oil company concerned should immediately submit the above-mentioned documents
and contracts to the local Customs and the Customs of entry and exit. It should also, before entry, submit for Customs inspection,
the manifest of the goods and materials and equipment (including the supplementary manifest) corresponding with the import plan verified
and approved by the competent organ. These goods and materials, if verified by the Customs to be for productive purpose within the
scope of the engineering project, may be imported upon the approved manifest, without applying for a separate import licence (but
the import of machinery equipment should still be reported, beforehand, to the specific authorizing department for approval). Import
licences issued by foreign trade control organs should be submitted for verification with regard to goods and materials outside the
scope of the engineering project, goods and materials not for direct productive purpose and imported by the oil company in accordance
with a temporary plan, and goods and materials covered by import licence according to relevant State provisions.

   Article 3. At the time of importation and exportation of the goods and materials, the oil company or its agent should fill out the Declaration
Form of Imports (Exports) in duplicate, and submit it together with the invoices, packing list and other relevant papers and documents
to the Customs for the completion of Customs formalities of entry and exit.

In the case of the goods and materials imported or exported at the places other than the place where the company is located, the declarant
should fill out the Declaration Form of Imports (Exports) in triplicate, and declare to the Customs of entry in the case of importation,
and to the local Customs in the case of exit, for the completion of the transhipment formalities. The declarant should entrust the
forwarding agent with delivering the Customs Cover, along with the cargo in question, to the Customs of destination or exit. The
forwarding agent must keep intact the Customs seals affixed by the Customs on the cargo or on the means of conveyance.

   Article 4. At the time of Customs examination of the import and export cargoes, the cargo-owner or his agent must be present and unpacking the
goods himself. In case the cargo needs to be examined at places other than the places under Customs supervision and control, permission
should be sought from the Customs beforehand, and special fees paid in accordance with the Customs regulations.

   Article 5. Cargoes imported (including those imported by means of lease) within the duty-exemption limits approved by State organs shall be
released duty-free by the Customs; the portion of import cargo in excess of the above-mentioned limits shall be released, only after
the Customs duties and industrial and commercial (consolidated) tax have been levied by the Customs in accordance with the regulations.

Goods and materials imported temporarily may be accorded duty-free treatment, provided that the oil company concerned completes the
declaration formalities with the local Customs and guarantees to re-ship them abroad within six months. In this case, the oil company
should pay a cash deposit not less than the total amount of the payable duties and undertake to re-ship the goods and materials abroad
within the stipulated time-limit. The deposit shall be refunded on re-shipment abroad of the goods and materials. If, owing to special
circumstances, the goods and materials imported temporarily cannot be re-shipped abroad within the prescribed time-limit, the oil
company should apply to the Customs for extension. If the re-shipment is still not undertaken within the extended time-limit, the
oil company should, in accordance with the present Rules, go through Customs formalities for entry, and pay Customs duties and the
industrial and commercial (consolidated) tax.

   Article 6. Import goods and materials may be delivered only after completion of the Customs formalities, or with the special permission of the
Customs; the export goods and materials may be loaded and shipped abroad only after completion of the Customs formalities and under
the Customs supervision and control.

   Article 7. The commission warehouses set up by foreign businessmen at the oil bases shall be dealt with by the Customs in accordance with the
Provisional Rules Governing the Supervision and Control over Bonded Cargo and Bonded Warehouses. But if the goods and materials for
sale on commission and the spare parts and components for use in maintenance are to be turned into importation, the levying of, or
the exemption from, the duty on them shall be dealt with in accordance with Article 5 of the present Provisional Rules.

   Article 8. Import goods and materials which are not declared to the Customs or on which the Customs duty is not paid within three months from
the date of the declared entry of the means of conveyance, shall be dealt with by the Customs in accordance with the relevant provisions.

   Article 9. For foreign engineers and technicians who come to China on exploration and exploitation business, the competent departments should
submit regularly to the Customs the lists of their names in quadruplicate, which will be sent respectively to the Customs at the
port of entry, the local Customs, and the Guangzhou and Kowloon Customs. They shall be treated by the Customs according to the regulations
concerning the control of import and export baggage and articles carried, and articles imported and exported by post, by foreign
engineers and technicians who are invited to come to work in China.

Baggage and articles carried by our engineers and technicians on entering and leaving the Chinese territories on business, shall be
dealt with in accordance with the State Council-approved Regulations Concerning the Entry and Exit of the Baggage and Articles Carried
by Our Workers Who Go to Work Abroad; and the provisions in the Supplementary Circular to Document No. 517 (79) promulgated jointly
by the Ministry of Foreign Trade, the Ministry of Foreign Affairs, the Ministry of Economic Relations with Foreign Countries and
the Ministry of Finance.

   Article 10. The following cases shall be dealt with by the Customs each on its merits, in accordance with the relevant provisions of the Provisional
Customs Law of the People’s Republic of China:

(1) False declaration;

(2) The units concerned taking delivery of or loading the import and export goods and materials not yet released by the Customs;

(3) Smuggling through the means of import and export goods and materials;

(4) Sale, without permission, of the goods and materials which have been released duty-free by the Customs;

(5) The goods and materials imported temporarily on Customs verification and approval, being not re-shipped abroad within the prescribed
time-limit, and not redeclared for the completion of the Customs formalities in accordance with the relevant regulations;

(6) Unauthorizedly breaking Customs Cover, or Customs seals, or losing Customs Cover;

(7) Other cases in violation of the Customs regulations.

   Article 11. Whenever deemed necessary for the work, the Customs may set up working offices or station officers at the offshore exploration and
exploitation bases. The oil companies and sub-companies should provide free office and living accommodation, and extend living facilities.

   Article 12. The present Provisional Rules shall come into force on October 1, 1981.

    





PROVISIONAL REGULATIONS FOR FOREIGN EXCHANGE CONTROL OF THE PEOPLE’S REPUBLIC OF CHINA

INTERIM PROVISIONS FOR STRENGTHENING THE ADMINISTRATION OF PUBLICATION IN CO-OPERATION WITH FOREIGN COUNTRIES

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1981-10-12 Effective Date  1981-10-12  


Interim Provisions for Strengthening the Administration of Publication in Co-operation With Foreign Countries



(Approved and promulgated by the State Council on October 12, 1981)

    These Provisions are formulated for the purpose of strengthening the
leadership over, and administration of, the work of publication in
co-operation with foreign countries.

    1. Publication in co-operation with foreign countries shall conform to
China’s foreign policy and principle and facilitate the strengthening of
China’s publicity in and cultural exchanges with, foreign countries, shall do
no harm to China’s sovereignty and national interests and shall be strictly
governed by the State provisions concerning the maintenance of secrets.

    2. In co-operation with foreign countries in publication, it is imperative
to study the situation of the international book market, safeguard the rights
and interests of China’s authors and publishers and, on the basis of equality
and mutual benefits, achieve reasonable economic returns.

    3. A publishing house shall determine its projects of co-operation with
foreign countries in the light of its own conditions and characteristics and
in conformity with its own publishing principle and scope of publication.

    4. Projects of publication in co-operation with foreign countries shall be
determined through full consultation between the two parties thereto. The
editing principle, the contents of the manuscript and the finalized version
thereof with respect to a book or journal to be jointly published shall all be
subject to the consent of the Chinese party. Without the consent of the
Chinese party, no part of the contents of a manuscript that has been examined
and finalized by the Chinese party may be supplemented, deleted or otherwise
altered by the other party. Pictures selected for use in picture-albums or
other books or journals to be jointly published for the purpose of giving
information about China shall in general be provided by the Chinese party and
it is unadvisable to have them taken by the other party or jointly taken by
both parties.

    5. Manuscripts edited by a foreign country to be jointly published for use
by Chinese readers shall be those of which China is in urgent need and shall,
when necessary, be duly supplemented, deleted or re-edited in accordance with
the actual situation in China. Financially, every possible means shall be
tried to avoid making payment in foreign exchange for the economic returns
that the other party shall be enpost_titled to.

    6. Publication in co-operation with foreign countries shall only be
undertaken by the publishing houses that have been officially authorized by
the State. No non-publishing units or individuals may undertake publication in
co-operation with foreign countries. Without the permission of the original
publishing houses, no publishing houses may co-operate with foreign parties in
publishing books or journals published by other publishing houses. A
publishing house that intends to co-operate with a foreign party in publishing
a manuscript shall solicit in advance the permission of the author or the
original editing unit.

    7. A publishing house may negotiate co-operative publication business
directly with a foreign party or may entrust a specialized company that has
been authorized by the State to handle co-operative publication business with
foreign countries or entrust a reliable foreign agency with the negotiation.

    8. Foreign units that are to co-operate with China in publication business
shall be those which are friendly to China and have reliable credit and
financial resources. It is imperative not to sign contracts with foreign
businessmen whose standing is not clear.

    9. In order to specify the rights and obligations of both parties, a
contract prescribing a time limit shall be signed. As to the ownership of the
copyright, the transfer by one party to the other of the right of publication
and distribution and of other rights or the permission by one party to the
other of the use of these rights, as well as the amount of remuneration, the
mode and time of payment thereof shall be stipulated item by item in the
contract. With respect to manuscripts and pictures that are provided by the
Chinese party, without the consent of the Chinese party, the other party may
not transfer the copyright, or extend the use thereof, or extend the areas
where they shall be distributed.

    10. In determining projects of co-operative publication with foreign
countries, the following formalities of examination and approval shall,
depending on the different circumstances, be carried out respectively:

    With respect to publications that have been published domestically,
publishing houses at the central level may make their own decisions and report
the projects to the higher competent authority for the record, whereas
publishing houses in the localities shall submit their project proposals to
the publication bureaus of the provinces, municipalities directly under the
Central Government or autonomous regions for examination and approval.

    With respect to publications that have not come off the press
domestically, publishing houses at the central level shall submit their
project proposals to the higher competent authority for examination and
approval, and publishing houses in the localities shall submit their project
proposals to the people’s governments of the provinces, municipalities
directly under the Central Government or autonomous regions for examination
and approval. With respect to a project of co-operative publication of
full-length book series whose contents have a nation-wide bearing, consent of
the State Bureau of Publication shall have to be solicited in advance.

    With respect to manuscripts whose contents involve the major principles of
the Party and the State and China’s foreign policy and to works by, or
biographies of, the leaders of the Party and the State, the project proposals
shall, after being counter signed by the State Bureau of Publication, be
submitted to the State Council for examination and approval.

    The taking of photographs of important cultural relics and other rare,
precious objects and the use of such photographs, and the publication of maps
that involve boundary lines of China shall be handled in strict accordance
with the pertinent provisions of the State.

    With respect to a publication project of co-operation with a foreign
party, the report submitted requesting the examination and approval of the
project proposal, copies of the contract (or agreement) both in Chinese and in
the foreign language concerned and the sample version of the item to be
published shall be submitted to the State Bureau of Publication for the record.

    11. With respect to trips abroad and back to China by professional
personnel needed in effecting publication in co-operation with foreign
countries, the competent departments shall simplify the examining and
approving formalities and provide convenience so as to facilitate the smooth
implementation of the contract.

    12. For books and journals published co-operatively, remuneration shall be
paid to the authors on the merits of each case and in accordance with the
existing domestic system of remuneration.

    For manuscripts that are published for the first time, the remuneration
may be slightly higher than the domestic rates.

    If a manuscript that has been published domestically is used, appropriate
fees may as well be paid, which shall in general not exceed 60 percent of the
original remuneration.

    If works of foreign authors are used, the remuneration may be slightly
higher than that which would be paid to domestic authors.

    The aforesaid remunerations shall be paid in Renminbi. The few really
special cases that require payment in foreign exchange, the payment shall,
upon approval by the higher competent departments, be made out of the foreign
exchange that the units concerned have obtained.

    13. In the work of publication in co-operation with foreign countries, it
is imperative for various publishing houses to display the socialist style of
co-operation among themselves, keep each other well informed, and work in
co-ordination when dealing with foreign countries. Differences and
contradictions, should they arise, shall be settled through consultations
among themselves or mediation by higher authorities.

    14. In dealings with foreign countries, it is imperative to strictly abide
by the disciplines related to foreign affairs and uphold our national dignity
and state prestige.





RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS APPROVING THE PROVISIONS OF THE STATE COUNCIL FOR HOME LEAVE FOR WORKERS AND STAFF

MEASURES FOR CONTROL OVER IMPORTED FILMS

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1981-10-13 Effective Date  1981-10-13  


Measures for Control Over Imported Films



(Approved by the State Council on October 13, 1981 and promulgated by

the Ministry of Culture and the General Administration of Customs)

    Article 1  These Measures are formulated for tighter control over imported
films in accordance with the spirit of the Circular Concerning Checking the
Excessive Showing of Films for Restricted Information Only, which was issued
by the State Council of the People’s Republic of China and the Central
Military Commission of the People’s Republic of China on April 14, 1980.

    Article 2  The business of importing and releasing films or copies for
preview (including 35-mm, 16-mm and extra-8-mm films, films on video-tapes and
films on videodiscs, which are hereinafter generally referred to as “films”)
from foreign countries and the regions of Hong Kong and Macao shall be
exclusively handled and controlled by the China National Films Release and
Projection Corporation (hereinafter referred to as “the China Films
Corporation”).

    With respect to the import of a film, the Customs shall, on the strength
of the Customs Declaration Form for Imported Goods duly completed and
presented by the China Films Corporation, effect inspection and grant
clearance, With respect to films to be released nationwide for commercial
purposes, formalities to pay Customs duties shall be fulfilled at the time of
the import thereof. Films to be imported for non-commercial purposes shall be
exempted from Customs duties, If, upon approval, films imported for
non-commercial purposes are to be released nationwide after the import
thereof, the China Films Corporation shall, in accordance with the relevant
regulations, fulfil the formalities with the Beijing Customs for retroactive
payment of Customs duties.

    Article 3  With respect to data films imported by the China Cinematheque
(including films selected and purchased from each other by, or exchanged
between, or given to each other as presents by the China Cinematheque and
foreign cinematheques and films purchased through other channels as data), if
they are imported for non-commercial purposes, the Customs shall, on the
strength of the Customs Declaration Form for Imported Goods duly completed and
presented by the China Cinematheque, effect inspection and grant clearance
without levying duties.

    If, upon approval, imported data films need to be released nationwide, the
China Films Corporation shall, in accordance with the relevant regulations,
fulfil the formalities with the Beijing Customs for retroactive payment of
Customs duties.

    Article 4  With respect to specialized documentaries and science and
educational films imported by units of science and technology, industry,
agriculture, education, public health, journalism, foreign trade and foreign
affairs to meet the needs in their business or professional work, if the
importing units are affiliated to departments under the State Council, the
import shall be subject to the examination and approval of the respective
ministries or commissions (or bureaus) under the State Council. If the
importing units are local ones, the import shall be subject to the examination
and approval of the people’s governments of the provinces, autonomous regions
or municipalities directly under the Central Government. At the time of the
import of these films, the Customs shall, on the strength of the documents of
approval issued by the ministries or commissions (or bureaus) concerned under
the State Council or by the people’s governments of the provinces, autonomous
regions or municipalities directly under the Central Government and of the
Customs Declaration Forms for Imported Goods duly completed and presented in
triplicate by the applying units, effect inspection and grant clearance
without levying duties and shall dispatch one copy of the said Forms affixed
with the Customs official seal to the Cinema Administrative Bureau of the
Ministry of Culture for the record.

    Article 5  With respect to feature films presented to mainland
institutions, organizations, schools and other units by foreign organizations
or individuals or by those in the regions of Hong Kong and Macao or in Taiwan
Province, if the recipient units are affiliated to departments under the State
Council, the acceptance shall be subject to the examination and approval of
the Cinema Administrative Bureau of the Ministry of Culture. If the recipient
units are local ones, the acceptance shall be subject to the examination and
approval of the cultural bureaus (or cinema bureaus) of the provinces,
autonomous regions or municipalities directly under the Central Government and
shall be reported in writing to the Cinema Administrative Bureau of the
Ministry of Culture for the record.

    At the time of the import of these films, the Customs shall, on the
strength of the Customs Declaration Forms for Imported Goods duly completed
and presented by the recipient units and of the relevant documents of
approval, effect inspection and grant clearance without levying duties.

    The recipient units shall hand the said films over to the China
Cinematheque for unified custody. If the films have to be used to meet the
special business or professional needs, the recipient units may, on the
strength of the documents of approval issued by the higher competent
authorities, pick them up for the reference of the personnel concerned but may
not lend them out, or show them for entertainment purposes or show them to the
public. Upon completion of the reference, the films shall be sent back to the
custody of the China Cinematheque.

    If upon approval, imported feature films are to be released nationwide,
the China Films Corporation shall fulfil the formalities with the Customs for
retroactive payment of Customs duties.

    Article 6  With respect to science and educational films that are sent by
post by foreiners, overseas Chinese and compatriots in Hong Kong, Macao and
Taiwan Province or carried in person by them when they enter China’s mainland
to be given to individuals in China as presents for use as reference
materials, the Customs shall permit their import and shall, on the strength of
the Customs Declaration Forms for Imported Goods duly completed and presented
by the individuals that are to accept the films and of the letters of
certification issued by the units where the said individuals belong, effect
inspection and grant clearance without levying duties. With respect to feature
films given to individuals in China as presents, the Customs shall in general
not permit their import and shall send them back. Under special circumstances,
the Ministry of Culture and the General Administration of Customs shall study
and dispose of them.

    With respect to films that are carried in person by personnel of foreign
embassies (or consulates) in China, resident personnel in China sent by
foreign industrial and commercial enterprises (including resident foreign
correspondents) and foreign experts (including experts in culture and
education, economy, and science and technoloyg) who have been recruited to
work in China (or that are sent to them by post from abroad), the Customs
shall handle them in accordance with the existing relevant provisions. These
films shall, after their import, be placed under the strict control of the
departments concerned and shall be shown only by the aforesaid foreigners
among themselves. Chinese units or individuals are not permitted to borrow
these films for projection.

    Article 7  Business activities with respect to the joint production of
films by China and foreign countries and the joint production of films by
China’s mainland and the regions of Hong Kong and Macao or by the mainland and
Taiwan Province shall all be subject to the administration of the China Films
Joint Production Corporation, with the exception of the business activities of
the three Hong Kong films companies of the Great Wall, the Phoenix and the
Sunlin when they come back to shoot films on the mainland, where the Office of
Hong Kong & Macao Affairs under the State Council shall directly approach the
regions and units concerned for matters in this respect. With respect to the
import of the films jointly produced, the China Films Joint Production
Corporation shall fulfil the formalities of import Customs declaration with
the Customs. If, among these films, there are some that are to be released
nationwide, the China Films Corporation shall, in accordance with the relevant
regulations, fulfil the formalities with the Beijing Customs for retroactive
payment of Customs duties.

    Article 8  Films that are imported in violation of the relevant provisions
or smuggled in shall be dealt with by the Customs in accordance with the
relevant provisions. Those among the confiscated flims that are worth keeping
because of their value for reference may be passed on to the Cinema
Administrative Bureau under the Ministry of Culture, which shall hand them
over to the China Cinematheque for preservation.

    Article 9  These Measures shall go into effect as of the date of
promulgation.





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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...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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