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1987

INTERIM PROCEDURES FOR THE HANDLING OF LOANS BY THE BANK OF CHINA TO CHINESE-FOREIGN JOINT VENTURES

Interim Procedures for the Handling of Loans by the Bank of China to Chinese-Foreign Joint Ventures

     (Approved by the State Council on March 13, 1981 and Promulgated by the Bank of China on March 13, 1981)

   Article 1. In accordance with the provisions of Article 8 of the Law of the People’s Republic of China on Chinese-Foreign Joint Ventures that
“A joint venture shall open an account with the Bank of China or a bank approved by the Bank of China”, these Interim Procedures
are formulated to support the requirements of Chinese-foreign joint ventures (hereafter referred to as “joint ventures”) for funds
in their operating and business activities through the handling of loans to joint ventures (hereafter refereed to as “loans”).

   Article 2. Prospective Borrowers. Any joint venture may apply for a loan if, in accordance with the provisions of the Law of the People’s Republic
of China on Chinese-Foreign Joint Ventures, it has been approved by the Foreign Investment Commission, has registered with the General
Administration for Industry and Commerce and has obtained a business license.

   Article 3. Types of Loans. The Bank of China shall handle the following types of loans to joint ventures:

(1).Working capital loans. Short-term revolving funds for deficits that arise in the process of the production or circulation of goods
by the joint venture.

(2).loans for the settlement of accounts. Funds for settlement by joint ventures when their production capital is tied up in goods
that are in the process of being sold within the People’s Republic of China or abroad.

(3)Fixed asset loans. Funds for the deficits that arise when joint ventures need to increase their fixed assets in order to expand
their business operations or to make replacements and technical innovations.

The above-mentioned loans fall into two categories: Renminbi loans and foreign currency loans. A loan shall be repaid in the same
currency in which it was made. Interest on a foreign currency loan shall be computed and charged in foreign currency.

   Article 4.Conditions for Loans.

A Joint venture that applies for the use of a loan shall satisfy the following conditions:

(1). It shall comply with the Law of the People’s Republic of China on Chinese-Foreign Joint Ventures.

(2) It shall have opened a deposit account with the Bank of China or a bank approved by the Bank of China (hereafter referred to as
“the bank”).

(3) It shall be creditworthy and soundly managed.

(4)The source of funds for repayment of the loan and for payment of interest shall be fully guaranteed. At the time of drawdown, the
joint venture shall have provided, in a form acceptable to the bank, collateral security or the guaranty of a uarantor enterprise.

   Article 5. Term of Loans.

The term of a lone shall be decided by the borrowing venture and the bank, according to the specific contents of the items covered
by the loan and distinguishing among differing cases.

   Article 6. Interest Rates on Loans. The interest rates on Renminbi loans shall be those prescribed by the People’s Bank of China. The interest
rates on foreign currency loans shall be set by the Bank of China and shall be put into effect after being checked and approved by
the People’s Bank of China.

   Article 7. Application for Loans, Signing of Loan Agreements and Utilization of Loans.

(1) A borrowing venture that applies for a loan must satisfy the conditions for a loan and have the approval of its board of directors;
it shall go through the procedures for applying for a loan from the bank, fill out and submit an application for utilization of the
loan and provide necessary documentation, materials and copies of relevant contracts.

(2) After the loan application is examined and approved by the bank, the borrowing venture shall sign a loan agreement with the bank,
open a loan account and complete borrowing procedures in accordance with the provisions of the agreement. For a loan secured by credit,
a letter of guaranty of repayment of the loan, issued by a guarantor enterprise and acceptable to the bank, shall be attached to
the loan agreement; for a loan secured by things, written confirmation that the collateral serves as security for repayment, issued
by the borrowing venture and acceptable to the bank, shall be attached to the loan agreement.

   Article 8. Repayment of the Principal and Payment of Interest on Loans.

(1) The borrowing venture must repay the bank on the dates and in the amounts prescribed in the repayment schedule of the loan agreement.
If repayment of the loan becomes overdue, in the case of a loan secured by credit the guarantor enterprise shall be responsible for
repayment of the entire amount due, and the bank shall have the right to debit the deposit accounts of the borrowing venture and
the guarantor enterprise for repayment of the principal of the loan and payment of interest thereon; in the case of a loan secured
by things, the bank shall have the right to sell the collateral of the borrowing venture in order to repay the principal of the loan
and pay interest thereon. With respect to overdue loans, the bank shall, from the day on which the loan becomes overdue, charge the
borrowing venture additional interest of 20 to 50 per cent of the original interest rate.

(2) The borrowing venture mast pay interest in accordance with the interest computation dates prescribed by the bank and , if it fails
to do so, the bank on its own initiative shall transfer the amount of interest that is due into the loan account of the borrowing
venture and compute compound interest thereon.

   Article 9. Servicing and Supervision of Loans. In accordance with the policies and decrees of the State, the bank shall actively support joint
ventures in developing their production and operations and provide good service to them. Borrowing ventures shall accept the inspection
and supervision of the bank with respect to utilization of loans and shall provide the bank with materials and reports concerning
various kinds of plans, such as those for production, supply and marketing, finances and capital construction, and how they are being
put into effect. If a borrowing venture does not comply with the loan agreement, the bank may, distinguishing among differing cases,
adopt economic measures to safeguard its rights and interests, such as terminating disbursement of the loan or recalling the loan
ahead of the repayment schedule.

(The English translations are for reference only)

    





RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS AUTHORIZING THE PEOPLE’S CONGRESSES OF GUANGDONG AND FUJIAN PROVINCES AND THEIR STANDING COMMITTEES TO FORMULATE SEPARATE ECONOMIC REGULATIONS FOR THEIR RESPECTIVE SPECIAL ECONOMIC ZONES

Category  SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1981-11-26 Effective Date  1981-11-26  


Resolution of the Standing Committee of the National People’s Congress Authorizing the People’s Congresses of Guangdong and Fujian
Provinces and Their Standing Committees to Formulate Separate Economic Regulations for Their Respective Special Economic Zones

(Adopted on November 26, 1981)

    Having considered the proposal submitted by the State Council for
authorizing the people’s congresses of Guangdong and Fujian Provinces and
their standing committees to formulate separate economic regulations for the
special economic zones in these two provinces and with a view to ensuring
the smooth progress of construction in the special economic zones in the two
provinces, fully adjusting economic management in the special economic zones
to the needs in the work there, and giving a more effective role to the
special economic zones, the 21st Meeting of the Standing Committee of the
Fifth National People’s Congress resolves that, the people’s congresses of
Guangdong and Fujian provinces and their standing committees shall be
authorized to formulate separate economic regulations for the special
economic zones in accordance with the principles provided in relevant laws,
decrees and policies and in the light of the specific conditions and actual
needs in the special economic zones in those provinces, and they shall submit
these regulations to the Standing Committee of the National People’s Congress
and the State Council for the record.?






PROCEDURES FOR THE REGISTRATION, EXAMINATION AND APPROVAL OF JOINT VENTURES USING CHINESE AND FOREIGN INVESTMENT

THE ECONOMIC CONTRACT LAW OF THE PEOPLE’S REPUBLIC OF CHINA

MEASURES FOR THE CONTROL OF FIREARMS

Category  PUBLIC SECURITY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1981-04-25 Effective Date  1981-04-25  


Measures of the People’s Republic of China for the Control of Firearms


Carrying and Allocation of Firearms
Manufacture and Purchase of Firearms
Control of Firearms
Control of Firearms of Foreigners
Penalties
Miscellaneous

(Approved by the State Council on January 5, 1981, and promulgated by the

Ministry of Public Security on April 25, 1981)

    Article 1  These Measures are formulated to maintain public order, to
safeguard public security, and to prevent criminals from using firearms to
commit sabotage.

    Article 2  The term firearms (including the ammunition used with these
firearms), as mentioned in these Measures, refers to the following firearms
which belong to the non-military system: pistols, rifles, and submachine guns
and machine guns for military use; various firearms for target shooting
sports; rifles, shot-gun, and powder-gun for hunting; injection-gun for
applying anaesthesia on animals; and air-guns for discharging pellets.

    The military firearms used for fitting out the People’s Liberation Army,
the militia and the People’s Armed Police Force shall be controlled in
accordance with the pertinent provisions of the army and militia system.
Carrying and Allocation of Firearms

    Article 3  The following personnel may carry firearms:

    (1) personnel working in the people’s courts, the people’s procuratorates,
and the public security organs who are required to carry firearms for
discharging their duties;

    (2) party and government leading cadres working in the border areas,
coastal defence areas, and other remote areas who have the necessity, as
deemed by the people’s governments of the provinces and autonomous regions, to
carry firearms:

    (3) confidential couriers working in the Party and government departments
at or above the provincial level, and confidential messengers working in the
county or municipal Party and govenment departments in the border areas or in
post and telecommunications departments who have the necessity to carry
firearms;

    (4) personnel working in the Customs who are required to carry firearms to
discharge their duties;

    (5) guards and transport escorts working in war industries.

    Article 4  Firearms for official use may be allocated to the following
units:

    (1) the security sections of factories and mines, enterprises, government
departments, schools and universities, research institutions, that have the
necessity to be fitted out with firearms;

    (2) important financial and banking units and important warehouses, radio
stations, and research institutions which are located in remote area without
armed guards that have the necessity to be fitted out with firearms;

    (3) geological prospecting teams and survey and drawing teams that work in
remote areas or at sea, that have the necessity to be fitted out with
firearms;

    (4) coastal and ocean-going passenger-liners, freighters and oil tankers
and other operation vessels operating on the sea;

    (5) civil airports and civil air-liners that have the necessity to be
fitted out with firearms.

    Article 5  Sports guns may be allocated to sports committees at or above
the county level that promote target-shooting sports.

    Article 6  Personnel and units engaged in hunting as their specialized
line of production may carry or be allocated with hunting rifles. As regards
the non-professional hunting personnel, only citizens aged eighteen or over
may keep hunting rifles, and each can keep no more than two hunting rifles.

    Article 7  Injection-guns may be allocated to such units as hunting
production units, scientific research and teaching units, wild animal breeding
and livestock farms, and veterinary hospitals that have the necessity to apply
anaesthesia on animals.

    Article 8  Film studios, in order to meet the needs of film production,
may purchase old and obsolete firearms as stage properties. With the exception
of just a small number of firearms used for creating special stage effects,
all firearms must undergo technical treatment so that they can no longer be
used for discharging live ammunition.
Manufacture and Purchase of Firearms

    Article 9  Various kinds of firearms shall be manufactured and repaired by
factories designated by the State only; no units and individuals may
manufacture, repair or assemble firearms without authorization.

    Article 10  For the purchase of military firearms, the purchasing units
shall submit to the local public security organs a report listing such details
as the categories of firearms to be purchased, their quantities, uses, and
scope of carrying and allocation. After obtaining the approval, they shall
apply to the department designated by the State for appropriations.

    The purchase of various categories of firearms for target-shooting sports
shall be approved by the sports committee at a higher level and have the
consent of and the purchase permit granted by the county or municipal bureau
of public security at the place where the purchasing units are located: only
with the purchase permit may a purchasing unit make purchases of firearms at
the department designated by the State.

    The purchase of hunting rifles and injection-guns shall be approved by the
competent forestry department at the county level or higher and have the
consent of and the purchase permit granted by the public security organ; only
with the purchase permit, may a purchasing unit make purchases at the
department designated by the State. The distributors of hunting rifles shall
go through the procedures of registration at the public security organ at the
county or municipal level or higher.

    With the exception of the units designated by the State or approved by the
competent department, no units or individuals may sell or purchase firearms
and ammunition.
Control of Firearms

    Article 11  The firearm-carrying personnel shall obtain the consent of the
person in charge of their unit, and have the approval of the competent
department at the county level or higher. The firearm-equipped unit shall
obtain the approval of the people’s government at the county level or higher.

    Without permission through legal procedures, no units or individuals may
keep firearms and ammunition privately. Firearms and ammunition kept without
permission shall be handed over to the local public security organ, and shall
not be disposed of privately.

    Article 12  Firearm-carrying personnel and firearm-equipped units shall
apply to the local county or municipal bureau of public security for firearm
licenses, which shall be granted after examination and approval.

    Firearm-carrying personnel, when going out with their firearms, shall
carry them with firearm licenses for examination. Personnel carrying firearms
for official use and who perform duties in places other than their own county
or municipality must apply to the local county or municipal bureau of public
security for firearm-carrying pass.

    Article 13  Firearms which bear historic significance kept on display in
exhibition halls, museums, etc., shall be registered at the local county or
municipal bureau of public security, and shall not be used for other purposes.

    Article 14  It is strictly prohibited to fire shots at will in cities,
towns, residential areas, scenic spots, airports, along communication lines,
or in any other places where shot-firing is prohibited according to
regulations. It is prohibited to fire shots and hunt in non-hunting areas.

    Article 15  In some particular areas or places where firearms are banned,
firearm-carrying personnel shall leave the firearms they carry with the public
security organ or a designated unit for safe-keeping, and have them given back
when leaving.

    Article 16  All categories of firearms shall be kept properly and safe.
Firearms kept collectively shall be well taken care of by persons specially
designated for the job; special warehouses (or cabinets) shall be used for
keeping the firearms, and firearms and ammunition shall be kept separately;
strict measures shall be taken against loss, theft or other accidents.

    In case that firearms are lost or stolen, it must be reported immediately
to the public security organ, and the scene of the incident shall be kept
intact.

    Article 17  Firearm-equipped units and firearm-carrying personnel are not
permitted, without official approval, to lend out their firearms and
ammunition or give them to others as gifts. In the event that a
firearm-equipped unit has been disbanded or a firearm-carrying person been
transferred to a new unit, the unit or the person shall return the firearms to
the original firearm-allocating unit, and return the firearm licence(s) to the
original licence-issuing public security organ for cancellation.

    Persons who hold hunting rifles shall, upon moving away from the county or
city of their original residence, return for cancellation their firearm
licences to the original licence-issuing public security organ and obtain
firearm-transport passes. On their arrival at their destinations, they shall
present the firearm-transport passes to the local security organ and go
through the procedures for obtaining new firearm licences.

    Article 18  To transport firearms and ammunition, it is imperative to
apply to the county or municipal bureau of public security stationed at the
destination of transportation for a transport pass. Upon arrival at the
destination, the applicant shall present the transport pass to the local
public security organ and go through the procedures for registration or for
obtaining a new firearm licence.

    Article 19  To carry hunting rifles into the country from abroad, it is
imperative to obtain, in advance, the approval of the county or municipal
bureau of public security stationed in the locality of the applicant’s
residence. Upon entering the country, the applicant shall declare at the
Customs, and a carrying-transport permit shall be issued after examination and
approval by the border inspection office. Upon arrival at the destination, the
applicant shall go through the procedures for obtaining a firearm licence by
presenting the carrying-transport permit.

    To carry hunting rifles out of the country, it is imperative to return for
cancellation the firearm licence to the original licence-issuing public
security organ for a carrying-transport permit. On exit, the applicant shall
declare at the Customs, and surrender the carrying-transport permit to the
local border inspection office.

    Article 20  Firearms that have fallen into disuse shall be registered by
the firearm-holding units in detailed lists, which shall be submitted for
approval to the competent departments of the province, autonomous region, or
municipality directly under the Central Government, and, then, again to the
local county or municipal bureau of public security for examination; after
that, the disused firearms shall undergo a treatment of disfigurement before
they are sent, under the supervision of the unit in charge of the destruction,
to a smeltery designated by the public security department (bureau) of the
province, autonomous region, or municipality directly under the Central
Government for melting down and complete destruction.

    Article 21  Air guns that discharge metal pellets shall be controlled in
accordance with the provisions concerning the control of sports guns, when
used by sports departments in target-shooting sports, and in accordance with
the provisions concerning the control of hunting rifles when used for hunting
by hunting units. Privately purchased and held pellet-discharging air guns are
also required to go through registration procedures and to be placed under
control; and the control measures shall be formulated by the public security
department (bureau) of the province, autonomous region, or municipality
directly under the Central Government.

    Artilce 22  Firearm licences, firearm-carrying passes, purchase permits
for sports guns, hunting rifles and injection-guns, transport passes for
firearms and ammunition, and carrying-transport permits shall all be devised
solely by the Ministry of Public Security, be printed solely by the public
security department (bureau) of the province, autonomous region, or
municipality directly under the Central Government, and be signed and issued
by the county or municipal bureau of public security.

    Article 23  The public security organs at various levels shall exercise
supervision over such affairs as the carrying, use, safe-keeping, and changes
of firearms in the non-military departments of their locality, and carry out
inspection at regular intervals.
Control of Firearms of Foreigners

    Article 24  Foreign diplomatic missions and consular posts in China, and
their personnel, that are to carry firearms into China shall apply in advance
to the Ministry of Foreign Affairs of the People’s Republic of China; after
obtaining the consent, they shall declare at the Customs on entering the
country and then be issued the carrying-transport permits by the border
inspection office after examination. Upon arrival at the destination, the
applicants shall report to the local municipal bureau of public security, and
go through the registration procedures for their firearms.

    No firearms belonging to foreign diplomatic missions and consular posts in
China and to their personnel, with the exception of their shotguns which may
be used in hunting grounds, shall be carried out of the confines of the
aforesaid missions and posts.

    Foreign diplomatic missions and consular posts in China and their
personnel that are to carry their firearms out of China shall send a note to
the Ministry of Foreign Affairs of the People’s Republic of China, and make an
application to the municipal bureau of public security at the locality of
their residences for registration cancellation and for the issuance of
carrying-transport permits. On exit, they shall declare at the Customs, and
submit the carrying-transport permit to the local border inspection office.

    Article 25  Members of foreign political party, government, military or
parliamentary delegations and their guards that are to carry firearms into
China shall obtain in advance the consent from the Ministry of Foreign Affairs
of the People’s Republic of China or from the host units, which shall notify
the border inspection office and submit a report to the Ministry of Public
Security for the record.

    Article 26  Foreign sports teams that come to China to take part in a
shooting tournament with their sports rifles and pistols shall obtain in
advance the approval by the Physical Culture and Sports Commission of the
People’s Republic of China. On entering the country, they shall declare at the
Customs, and then the border inspection office shall issue them the
carrying-transport permits after examination. On arrival at the locality of
the tournament, they shall go through the registration procedures for the
record at the local county or municipal bureau of public security, and cancel
the registration before leaving. Foreign sports teams that travel via China
shall obtain in advance the approval of the Physical Culture and Sports
Commission of the People’s Republic of China, which shall notify the border
inspection authorities, and the inspection office at the entry point shall put
paper slip seals on the firearms and permit them to pass through the country.

    Article 27  Firearms and ammunition on board foreign civil air-liners or
vessels registered in foreign countries, shall be sealed up by the border
inspection office when the air-liners and vessels enter a port of China, and
unsealed when the air-liners and vessels leave the country.

    Article 28  Apart from those who come to China as stipulated in Articles
24, 25 and 26 of these Measures, no foreigners are permitted to carry firearms
and ammunition into the territory, unless approved by the competent
departments of the People’s Republic of China and by the public security
department (bureau) of the province, autonomous region, and municipality
directly under the Central Government at the places of their destination.
Those who carry firearms and ammunition with them must, on entering the
territory, declare at the Customs, and the border inspection office shall
temporarily seal up the firearms and ammunition for safe-keeing at the entry
port, and give them back when the owners leave the country; or the firearms
and ammunition shall be re-transported out of the territory by the original
carriers. Those who have obtained the approval to carry firearms and
ammunition into or out of the territory shall go through the procedures in
accordance with the stipulations of Article 19 of these Measures. Those in
transit shall declare at the Customs, and the border inspection office shall
seal the firearms up after examination, and permit them to pass through the
country. Those who fail to declare at the Customs shall be dealt with, without
exception, as cases of illegal transport of firearms and ammunition.

    Article 29  Foreigners who wish to buy hunting rifles in China, shall
obtain the approval of and certificates from the foreign affairs office of the
province, autonomous region or municipality directly under the Central
Government, or the host unit. They shall then apply to the local county and
municipal bureau of public security for purchase permits and make their
purchases at designated stores after approval.
Penalties

    Article 30  The chief person-in-charge and the direct offender, who are
held responsible for the violation of these Measures, shall receive penalties
ranging from disciplinary sanction, punishment in accordance with the
regulations on the maintenance of public order, to an investigation by the
judicial organ of the criminal responsibilities of the offender, depending on
the seriousness of the case.
Miscellaneous

    Article 31  People’s governments of various provinces, autonomous regions
and municipalities directly under the Central Government and the various
ministries and commissions under the State Council may, in accordance with
these Measures, formulate specific provisions for the control of firearms, and
report thereon to the Ministry of Public Security for the record.

    Article 32  These Measures shall go into effect after the approval by the
State Council and the promulgation by the Ministry of Public Security. The
Interim Measures Concerning the Control of Firearms, approved by the
Government Administration Council and promulgated by the Ministry of Public
Security on June 27, 1951, shall be abrogated at the same time.





RULES FOR THE IMPLEMENTATION OF THE EXAMINATION AND APPROVAL OF APPLICATIONS BY INDIVIDUALS FOR FOREIGN EXCHANGE

INTERIM MEASURES FOR IMPLEMENTATION OF THE REGULATIONS ON ACADEMIC DEGREES

Category  EDUCATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1981-05-20 Effective Date  1981-05-20  


Interim Measures for Implementation of the Regulations of the People’s Republic of China on Academic Degrees



(Approved by the State Council on May 20, 1981, promulgated by the

Academic Degree Committee of the State Council)

    Article 1  These Interim Measures are formulated in accordance with the
Regulations of the People’s Republic of China on Academic Degrees.

    Article 2  Academic degrees shall be conferred in accordance with following
classes: Philosophy, Economics, Law, Pedagogy, Literature, History, Science,
Technology, Agronomy and Medical Science.

    The Bachelor’s Degree

    Article 3  The bachelor’s degree shall be conferred by those institutions
of higher learning authorized by the State Council.

    The bachelor’s degree shall be conferred on the graduates from institutions
of higher learning who have finished with the various requirements of the
program on education and have been agreed to graduation through examination,
whose learning records and graduation dissertations (graduation projects and
graduation field works) show that they have had a relatively good grasp of
basic theories, specialized knowledge and basic skills in the discipline
concerned, and have had the preliminary ability to engage in a scientific
research work or to undertake a special technical work.

    Article 4  In institutions of higher learning authorized to confer the
bachelor’s degree, the departments shall examine and approve the records, the
graduation appraisal and so on of every graduates, and submit those who have
met the Article 3 of these Measures and relevant rules to the institution’s
academic evaluation committee for listing holders of the bachelor’s degree.

    In the institutions of higher learning that may not confer the bachelor’s
degree, the departments shall submit a list of the graduates who have attained
the bachelor’s academic standards to the institutions and, the institutions
shall, after approval, recommend to the nearby institutions of higher learning
authorized to confer the bachelor’s degree in the same system and location.
The relevant departments of institutions of higher learning authorized to
confer the bachelor’s degree shall examine and approve the graduates
recommended by institutions of higher learning that may not confer the
bachelor’s degree and submit those who have met the Article 3 of these Measures
and relevant rules to the institution’s academic evaluation committee for
listing holders of the bachelor’s degree.

    Article 5  Those who are on the list of holders of the bachelor’s degree
shall be conferred the bachelor’s degree by the institutions of higher
learning authorized to confer the bachelor’s degree after they are examined
and approved by the institution’s academic evaluation committee of the
institutions of higher learning authorized to confer the bachelor’s degree.

    The Master’s Degree

    Article 6  The master’s degree shall be conferred by those institutions of higher learning or scientific research institutes authorized
by the State
Council.

    Those who apply for a master’s degree shall submit an application, a
dissertation of applying for the master’s degree and so on to units
authorized to confer the academic degree (here in after referred to as
“degree-conferring units”) within the fixed period set by degree-conferring
units. Degree-conferring units shall, within two months after closing day of
application, conduct examination on these materials, make a decision on
whether or not approve the application, and notify the result to the applicant
and his unit.

    Postgraduates who have completed their studies in units that are not
authorized to confer academic degree shall submit their respective units’s the
recommendation about applying for master’s degree when they apply for.

    When those with qualifications equivalent to postgraduates apply for, they
shall submit a recommendation by two associate professors, professors or
specialists with qualifications equivalent to associate professors or
professors. With regard to applicants without academic credentials of the
institution of higher learning, the degree-conferring units may, before
accepting, take appropriate method to make examination on some required courses
for graduates of the institutions of higher learning.

    Applicants shall not submit applications to two degree-conferring units
simultaneously.

    Article 7  Examined courses and requirements for the master’s degree: (1)
Marxist theories, requiring a grasp of basic theories of Marxist. (2) basic
theories and specialized courses, generally three or four, requiring a firm
grasp of basic theories and systematic, specialized knowledge. (3) a foreign
language, requiring a being capable of reading relatively smoothly the foreign
materials in the discipline concerned.

   Examinations in the required courses for the master’s degree taken by
postgraduates in degree-conferring units shall be arranged to process in
accordance with the above-mentioned requirements, and training projects.

   Examinations in the required courses for the master’s degree taken by
postgraduates in units that are not authorized to confer academic degree shall
be organized to process by degree-conferring units. Those who have been
considered that their contents and records of examined courses taken in their
respective units are up to standard after the examination and approval by
degree-conferring units, may be exempt from some or all examinations in the  
required courses for the master’s degree.

    Examinations in the required courses for the master’s degree taken by
those with qualifications equivalent to postgraduates shall be organized to
process by degree-conferring units.

    Those who apply for the master’s degree must pass the examinations in the
required courses, with the results up to the standard, before defending their
dissertations. Those failing in one required course examination may apply to
make up within half a year, if they fail again, the persons may not take
defending their dissertation.

    Degree-conferring units trying the credit system shall decide the credits
in the required courses for the master’s degree in accordance with
above-mentioned requirements. Those who apply for the master’s degree may
take defending their dissertation after they have gotten the required credit.

    Article 8   Dissertations for the master’s degree shall have new ideas
to the researched subject, and show the writers having the ability to engage
in the scientific research or to undertake independently a special technical
work.

    Degree-conferring units shall invite one or two specialists in the
dissertation relating the discipline to evaluate the dissertation. Evaluating
persons shall write comment in detail on the dissertation, which shall be
referenced by the dissertation committee.

    A dissertation committee for the master’s degree shall be formed by three
to five persons, among which there shall generally be specialists from other
units. The chairmen of the dissertation committee shall be taken by an
associate professor, a professor or a person qualifications equivalent to an
associate professor or a professor.  

    Decisions on whether or not to confer the master’s degree shall be made by
the dissertation committee in accordance with the defending result. Each
decision shall be adopted by secret ballot and with a two-thirds majority
of the committee members supporting, and then submitted to the academic degree
evaluation committee with the signature of the chairmen of the dissertation
committee. The meeting shall be recorded.

    Persons failing in the defending their dissertations for master’s degree
may, with approval by the dissertation committee, modify their dissertations
within one year and take defending their dissertations again.

    Article 9  If the majority of the members of the dissertation committee
for the master’s degree consider the applicant’s dissertation is up to
academic standards of doctor’s degree, they may, in addition to making a
decision to confer the master’s degree, put forward a proposal to units
authorized to confer the doctor’s degree, which shall handle the matter
pursuant to the relevant provisions in the part of the doctor’s degree of
these Interim Measures.  

    The Doctor’s Degree

    Article 10  The doctor’s degree shall be conferred by those institutions
of higher learning or scientific research institutes authorized by the State
Council.

    Those who apply for a doctor’s degree shall submit an application, a
dissertation of applying for the master’s degree and so on to
degree-conferring units within the fixed period set by degree-conferring units.
Degree-conferring units shall, within two months after closing day of
application, conduct examination on these materials, make decision on whether
or not approve the application, and notify the result to the applicant and his
unit.    

    When those with qualifications equivalent to doctors apply for, they shall
submit a recommendation by two professors or those with qualifications
equivalent to professors. With regard to applicants without the master’s
degree, the degree-conferring units may, before accepting, take appropriate
method to make examination on some required basic theories and specialized
courses for the master’s degree.

    Applicants shall not submit applications to two degree-conferring units
simultaneously.

    Article 11  Examined courses and requirements for the doctor’s degree:

    (1) Marxist theories, requiring a relatively good grasp of basic theories
of Marxist.

    (2) basic theories and specialized courses, requiring a firm and
comprehensive grasp of basic theories and systematic and profound specialized
knowledge in the discipline concerned. Range of examinations shall be examined
and approved by the academic degree evaluation committee of degree-conferring
units. Examinations of basic theories and specialized courses shall be taken
charge of by a examination committee formed by three specialists appointed by
the academic degree evaluation committee of degree-conferring units. The
chairmen of the examination committee must be taken by a professor, a associate
professor or a person qualifications equivalent to a professor or a associate
professor.

    (3) two foreign languages, for the first, requiring a being capable of
reading smoothly the foreign materials in the discipline concerned and having
certain writing ability and, for the second, requiring a preliminary ability
to read foreign materials in the discipline concerned. For some subjects and
disciplines examined and approved by the academic degree evaluation committee
of degree-conferring units, only the examination in the first foreign language
is required.

    Examinations in required courses for the doctor’s degree shall be arranged
to process in accordance with the above-mentioned requirements, and training
projects.

    Article 12  Persons who apply for the doctor’s degree must pass the
examinations in the required courses for the doctor’s degree, with the results
up to the standard, before defending their dissertations.  

    Applicants for the doctor’s degree who have written important works or
made inventions, discoveries or other contributions to the development of
science or special technologies shall submit published books, inventions
appraisal or certificate and other materials to degree-conferring units, and
with a recommendation of two professors or those with qualifications
equivalent to professors and the examination and approval by degree-conferring
units in accordance with the article 11 in these Interim Measures, they may be
exempt from some or all examinations in the required courses for the doctor’s
degree.

    Article 13  Dissertations for the doctor’s degree shall show that the
writers have the ability to engage in independently scientific researches and
have made creative achievements in science or special technologies. The
dissertation for the doctor’s degree or its summary shall be copied and
be submitted to relevant units three month before it is defended, and be
appraised by the specialists in the discipline concerned.

    Degree-conferring units shall invite two specialists in the dissertation
relating the discipline to evaluate the dissertation, one of which shall
come from other units. Evaluating persons shall write comment in detail on the
dissertation, which shall be referenced by the dissertation committee.

    Article 14  A dissertation committee for the doctor’s degree shall be
formed by five to seven persons, half of which or more shall be professors or
those with qualifications equivalent to professors. Among the committee
members there must be two or three specialists from other units. Generally,
the chairman of the dissertation committee shall be taken by a professor or a
person with qualifications equivalent to a professor.

    Decisions on whether or not to confer the doctor’s degree shall be made by
the dissertation committee in accordance with the defending result. Each
decision shall be adopted by secret ballot and with a two-thirds majority
of the committee members supporting, and then submitted to the academic degree
evaluation committee with the signature of the chairmen of the dissertation
committee. The meeting shall be recorded.    

    Generally, the dissertation defending for doctor’s degree shall be
carried out in public. The dissertation for the doctor’s degree or its summary
shall be published publicly (except secret disciplines).  

    Persons failing in the defending their dissertations for doctor’s degree
may, with approval by the dissertation committee, modify their dissertations
within two year and take defending their dissertations again.    

    Article 15  If the members of the dissertation committee for the doctor’s
degree consider that the applicant’s dissertation has not attained the
academic standards of the doctor’s degree but has attained the academic
standards of master’s degree, and the applicant has not gotten the
master’s degree in the subject concerned, the dissertation committee for the
doctor’s degree may make the decision to confer the master’s degree and submit
to the dissertation committee.

    The Honorary Doctor’s Degree

    Article 16  The honorary doctor’s degree shall be conferred by those units
authorized to confer the doctor’s degree by the State Council.

    Article 17  The honorary doctor’s degree shall be conferred after the
academic degree evaluation committee of the degree-conferring units has
discussed and approved, and submit to the Academic Degree Committee of the
State Council for approval.

    The Academic Degree Evaluation Committee

    Article 18  The academic degree evaluation committees of degree-conferring
units shall do their following duty in accordance with the limits to conferring
the degree that are approved by the State Council:

    (1) examining and approving the list of applicants for the master’s degree
and the doctor’s degree;

    (2) deciding the examined subjects for the master’s degree and the number
of those subjects and examined range of basic theories and specialized courses
for the doctor’s degree, and examining and approving the list of the
dissertation committee members;

    (3) approving the list of those who are to be conferred with the
bachelor’s degree;

    (4) making the decision to confer the master’s degree;

    (5) examining and approving the list of applicants for the doctor’s degree
who are exempt from some or all examinations in the required courses for the
doctor’s degree;

    (6) making the decision to confer the doctor’s degree;

    (7) approving the list of those who are to be conferred with the honorary
doctor’s degree;

    (8) making the decision to cancel the degree that is conferred by
violating regulations; and

    (9) studying and settle the disputes over the degree conferring and other
related matters.

    Article 19   An academic degree evaluation committees of the
degree-conferring unit shall be formed by nine to twenty five persons. The
term of the committee members shall be two to three years. The committee shall
include the main persons in charge of the degree-conferring units and the
persons engaging in teaching and researching work in the degree-conferring
units.

    For institutions of higher learning authorized to confer the bachelor’s
degree, the teaching personnel in the academic degree evaluation committee
shall be selected from teachers above lecturer in the institutions. For units
authorized to confer the bachelor’s, master’s and doctor’s degrees, the
teaching and reaching work personnel in the academic degree evaluation
committee shall be selected from associate professors, professors or those
with qualifications equivalent to associates professors or professors in the
units. For units authorized to confer the doctor’s degree, at least half of
the academic degree evaluation committee members shall be professors or those
with qualifications equivalent to professors.

    The chairman of the academic degree evaluation committee shall be taken by
the main person in charge of the degree-conferring units with the post_title of
professor, associate professor or the qualifications equivalent to professor
or professor. (President of the institution of higher learning, Vice-presidents
in charge of teaching, researching and postgraduate work, or the equivalent
persons in researching units).

    The academic degree evaluation committee may set the academic degree
evaluation sub-committees in accordance with classes of the discipline. A
sub-committee shall be formed by five to fifteen person, the term of which are
two to three years. The chairman of a sub-committee shall be taken by a
member of the academic degree evaluation committee. The sub-committees shall
assist the academic degree evaluation committee in their work.

    The list of the members of the academic degree evaluation committee shall
be submitted by the degree-conferring unit to the competent department for
approval, and the competent department shall submit it to the Academic Degree
Committee of the State Council for the record.

   Academic degree evaluation committees shall engage necessary full-time or
part-time personnel for handling routine business.

    Article 20  Degree-conferring units shall annually submit the number of
persons who are conferred with the bachelor’s degree, the list of persons who
are conferred with the master’s degree and the doctor’s degree and related
materials to the competent department and the Academic Degree Committee of the
State Council for the record.

    Miscellaneous Provisions

    Article 21  Bachelor’s degree applications by the foreign students
studying in China shall be handled by following the provisions of Article 3
and other relevant regulations in these Interim Measures.

    Applications of the master’s degree and the doctor’s degree by the foreign
students studying in China shall be handled by following the relevant
regulations in these Interim Measures.

    Article 22  The bachelor’s degree certificate format shall be formulated
by the Ministry of Education. The master’s degree or the doctor’s
degree certificate format shall be formulated by the Academic Degree Committee
of the State Council. The certificates of the academic degrees shall be issued
by the degree-conferring units.

    Article 23  A copy of passed dissertation for the master’s degree and that
for the doctor’s degree shall be deposited in the library of the
degree-conferring unit, in addition, a copy of passed dissertation for the
doctor’s degree shall be deposited in the Beijing Library and other
respectively library.

    Article 24  Persons at work who apply for the master’s degree or the
doctor’s degree, after degree-conferring units have examined and approved their
participating in courses examinations and taking the dissertation defending,
may enjoy a vacation not more than two months for the examination or defending.

    Article 25  Degree-conferring units may, in accordance with these Interim
Measures, make rules for the degree-conferring work of their own units.





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING APPROVAL OF CASES INVOLVING THE DEATH SENTENCE

CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION

Category  FOREIGN TRADE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1981-12-28 Effective Date  1982-02-01  


Circular of the State Council Concerning the Approval and Transmission

Circular
A REPORT REQUESTING INSTRUCTIONS ON THE IMPOSITION OF EXPORT LICENCE
CATALOGUE OF GOODS AND MATERIALS SUBJECT TO THE EXPORT LICENCE PROCEDURES

of a Report Submitted by the State Import and Export Commission and the
State Planning Commission Requesting Instructions on the Imposition of
Export Licence Procedures for the Export of Some Goods and Materials beyond
the State Plan


(December 28, 1981)

Circular

    The State Council agrees with the “Report Requesting Instructions on the
Imposition of Export Licence Procedures for the Export of Some Goods and
Materials Beyond the State Plan” submitted by the State Import and Export
Commission and the State Planning Commission, and the Report is hereby
transmitted to you; it is required you consider carefully the ways to implement
this Report in accordance with the prescribed categories of goods and
materials.
A REPORT REQUESTING INSTRUCTIONS ON THE IMPOSITION OF EXPORT LICENCE
PROCEDURES FOR THE EXPORT OF SOME GOODS AND MATERIALS BEYOND THE STATE PLAN

     With the further implementation of the policy for the readjustment of the
national economy, and with the structural reform of foreign trade and the
gradual decentralization of power of management, the foreign trade of our
country will have a new development. With a view to meeting the needs of the
development, various localities and departments have established some export
institutions to engage directly in export business. In the course of these
developments, owing to poor communication among different localities and
departments, the State, on the one hand, imports in large quantities some
finished products in short supply at home and other goods and materials that
are of the high energy consumption and are not suitable for export, while some
localities or departments, on the other hand, are organizing the export of the
aforesaid goods and materials beyond the state plan. For the same kind of
commodity, the price is low when it is exported, and the price is high when it
is imported, and consequently, the State suffers losses in terms of foreign
exchange, and is also affected unfavourably with respect to the needs for
construction. If this situation is allowed to continue, the country will suffer
serious losses. We have, therefore, consulted with the relevant departments,
and hereby put forward the following proposals with respect to the export of
the goods and materials that are in short supply in China:

    1. We hereby propose to designate eleven categories of badly-needed goods
and materials, on the export of which, if beyond the state plan, the export
licence procedures shall be imposed (the specific catalogue is attached below
as appendix). The products in short supply as mentioned above are relatively in
short supply, for, in the course of the implementation, circumstances might
change. It is proposed here that the State Import and Export Commission and the
State Planning Commission, while working out the annual plan for the national
economy, and through consultation with the competent authorities concerned, set
about revising, in good time, the aforesaid catalogue in the light of the
supply-and-demand situation.

    2. With respect to export goods and materials subject to the export licence
procedures with the exception of those export commodities that are included in
the State plan, materials imported to execute processing contracts, or
imported by foreign trade departments for processing into finished goods, or
contained in the approved and signed contracts for compensation trade, or
commodities on which agreements have been signed between foreign trade
departments and local units for supporting the production for export, if any
locality or department is to make arrangements, beyond the State plan, for the
export of the said goods and materials, or to organize exchange of categories
and types that are favorable to us, the case shall obtain the consent of the
competent allocating departments, and be submitted to the State Import and
Export Commission and the State Planning Commission for approval.

    3. Customs offices at various localities should improve their control over
the goods and materials that are exported beyond the State plan. In order to
facilitate the administration of the Customs offices over the aforesaid export
goods and materials, all localities and departments that deal in the eleven
categories of export goods and materials stipulated in the said catalogue,
either within or beyond the State plan, shall all apply to the foreign trade
departments for export licences and the Customs offices shall examine the
export according to the licences; otherwise, no clearance shall be given to
these goods and materials.

    4. All the goods and materials listed in the catalogue for export beyond
the State plan, so long as their quality meets the state standards and no
problem arises in transportation, shall be purchased at the prices set by the
state, by the competent allocating departments, or the competent allocating
departments shall assist in locating users for domestic sale.

    If the above proposals are feasible, we request that they be approved and
transmitted to all departments and all provinces, autonomous regions, and
municipalities directly under the Central Government for implementation as of
February 1, 1982.
CATALOGUE OF GOODS AND MATERIALS SUBJECT TO THE EXPORT LICENCE PROCEDURES
FOR THE EXPORT BEYOND THE STATE PLAN

    1. crude oil, heavy oil, refined oil.

    2. coal.

    3. steel products: sheet steel (including zinc-plating steel, tin-plating
steel), strip steel, medium and heavy steel plate (including steel plate for
ship-building), welded pipe (including zinc-plating welded pipe), square
billet.

    4. pig iron, coke, iron alloy, chromium ore.

    5. plate glass.

    6. non-ferrous metals: copper, aluminium, lead, zinc, tin, cobalt, bismuth,
concentrate molybdenum ore and its products, tellurium; copper products,
aluminium products, and lead products placed under the state’s unified
allocation.

    7. timber: log, sawn wood products, plywood.

    8. cement produced by large, medium-sized and small cement mills.

    9. natural rubber.

    10. sodium carbonate, polyethylene, polypropylene, phosphorus ore,
mawsonite, sulphur, benzene anhydride, liquid hydrocarbon.

    11. rice, soybean, corn, sugar, cotton, rosin, tung oil, flue-cured
tobacco.?






RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS PROVIDING AN IMPROVED INTERPRETATION OF THE LAW

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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