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1988

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS APPROVING THE OPENING OF PORT NANTONG AND PORT ZHANGJIA ON THE YANGTZE RIVER TO VESSELS OF FOREIGN NATIONALITIES

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1982-11-19 Effective Date  1982-11-19  


Decision of the Standing Committee of the National People’s Congress Approving the Opening of Port Nantong and Port Zhangjia on the
Yangtze River to Vessels of Foreign Nationalities

(Adopted on November 19, 1982)

    Having considered the proposal submitted for approval by the State
Council on the opening of Port Nantong and Port Zhangjia on the Yangtze
River to vessels of foreign nationalities, the 25th Meeting of the Standing
Committee of the Fifth National People’s Congress hereby decides to approve
the opening of Port Nantong and Port Zhangjia on the Yangtze River to
vessels of foreign nationalities.





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY SABOTAGE THE ECONOMY

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Invalidated
Date of Promulgation  1982-03-08 Effective Date  1982-04-01 Date of Invalidation  1997-10-01


Decision of the Standing Committee of the National People’s Congress Regarding the Severe Punishment of Criminals Who Seriously Sabotage
the Economy


Appendix: Relevant Articles of the Criminal Law

(Adopted at the 22nd Meeting of the Standing Committee of the Fifth

National People’s Congress on March 8, 1982)(Editor’s Note: This Decision
has been invalidated by the Criminal Law of the People’s Republic of China
revised at the Fifth Session of the Eighth National People’s Congress on
March 14, 1997, and effective on October 1, 1997)

    In view of the fact that currently criminal activities in the economic
field, such as smuggling, arbitrage and speculation for exorbitant profits,
theft of public property, theft and sale of precious cultural relics and
extortion and acceptance of bribes are rampant, seriously jeopardizing the
cause of the country’s socialist construction and the interests of the people,
and in order to deal firm blows to such criminal activities and severely
punish the criminals and those state functionaries who have participated in,
shielded or connived at these criminal activities, it is necessary to
appropriately supplement or amend some relevant provisions of the Criminal Law
of the People’s Republic of China. It is hereby decided as follows:

    1. The following supplementations and amendments shall be made with
regard to the relevant provisions of the Criminal Law:

    (1) With respect to the crimes of smuggling, arbitrage and speculation
for exorbitant profits mentioned in Article 118 of the Criminal Law, of theft
mentioned in Article 152, of sale of narcotics mentioned in Article 171, and
of secretly transporting precious cultural relics for export mentioned in
Article 173, penalties are respectively supplemented or revised as fellows:
When the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death, and he may in addition be sentenced to confiscation
of property.

    State functionaries who take advantage of their office to commit the
crimes listed in the preceding paragraph, when the circumstances are
especially serious, shall be given a heavier punishment in accordance with
the provisions of the preceding paragraph. State functionaries referred to in
this Decision include personnel working in state organs of power at all
levels, administrative organs at all levels, judicial organs at all levels,
the armed forces, state enterprises and state institutional organizations, and
other personnel of all types who are engaged in public service according to
law.

    (2) With respect to the crime of acceptance of bribes mentioned in
Paragraphs 1 and 2, Article 185 of the Criminal Law, the following revisions
are made: Any state functionary who extorts or accepts bribes shall be
punished as for the crime of embezzlement mentioned in Article 155 of the
Criminal Law; when the circumstances are especially serious, he shall be
sentenced to life imprisonment or death.

    (3) State functionaries, regardless of whether or not they are judicial
functionaries, who take advantage of their office to protect or shelter
criminals as provided in Items (1) and (2) of this Article, concealing and
covering up the facts of their crimes, shall all be punished in accordance
with Article 188 of the Criminal Law for malpractices from selfish motives.

    Relatives of state functionaries, or state functionaries who have already
left office, who commit the above crimes shall be punished in accordance
with Paragraph 2, Article 162 of the Criminal Law for the crime of protecting criminals.

    Whoever destroys criminal evidence or fabricates false evidence in
favour of the above-mentioned criminals shall be punished in accordance
with Article 148 of the Criminal Law for the crime of giving false evidence.

    Whoever carries on obstructive actions, threats or retaliatory attacks
against law enforcement personnel and persons who expose, accuse and give
testimony shall be punished in accordance with Article 157 of the Criminal
Law for the crime of obstructing the administration of public order or
Article 146 for the crime of retaliation or frame-ups.

    Whoever conspires with the criminals listed in Items (1) and (2) of this
Article, before committing the crimes listed in the preceding four paragraphs,
shall be punished as for a joint crime.

    (4) In cases where state functionaries with the responsibility for
investigation do not handle criminals listed in Items (1), (2) and (3) of this
Article according to law: or if they do not perform the investigatory
obligations stipulated by law because they are thwarted; and in cases where
personnel directly in charge who know the circumstances of criminals and
of the facts of crimes, or the personnel with sole knowledge of these
circumstances, do not report the cases according to law and do not give
testimony truthfully, they shall be punished respectively according to the
crimes of dereliction of duty specified in Articles 187, 188 and 190 of the
Criminal Law.

    2. This Decision shall be implemented as of April 1, 1982.

    In cases of crimes committed before the date of implementation of this
Decision, if the offender voluntarily surrenders before May 1 , 1982 or, if
having already been arrested, he truthfully confesses all his crimes before
May 1, 1982, and in addition brings truthful accusations with respect to the
facts of crimes of other criminals, he shall be dealt with in accordance with
the relevant provisions of law before the implementation of this Decision.
In cases where the offender, before May 1, 1982, continues to conceal the
crimes he has committed, refusing to surrender voluntarily, or refuses to
confess all his crimes, and also does not bring accusations with respect to
the crimes of other criminals, he shall be taken as continuing to commit
crimes and shall be dealt with in accordance with this Decision.

    3. This Decision has a major bearing on the interests of the state and
the entire people. From the date of promulgation of this Decision, all state
organs, the armed forces, enterprises, institutional organizations, rural
people’s communes and production brigades, Party organizations, people’s
organizations, schools, newspapers, broadcasting stations and other mass
media units shall have the duty to adopt every effective method to publicize
and explain it repeatedly in a way understandable to the entire force of working personnel, army officers and men, staff and workers,
students and
urban and rural residents, so as to make this Decision known to everyone.
Appendix: Relevant Articles of the Criminal Law

    Article 118  Whoever makes a regular business of smuggling or speculation,
smuggles or speculates in huge amounts or is the ringleader of a
group that smuggles or speculates shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years, and may
concurrently be sentenced to confiscation of property.

    Article 152  A habitual thief or habitual swindler or anyone who
steals, swindles or forcibly seizes a huge amount of public or private
property, shall be sentenced to fixed-term imprisonment of not less than five
years and not more than ten years; if the circumstances are especially
serious, he shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and may concurrently be sentenced to
confiscation of property.

    Article 171  Whoever manufactures, sells or transports opium, heroin,
morphine or other narcotic drugs shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention, and may concurrently be
sentenced to a fine.

    Whoever manufactures, sells or transports the narcotic drugs mentioned
in the preceding paragraph continually or in large quantities shall be
sentenced to fixed-term imprisonment of not less than five years, and may
concurrently be sentenced to confiscation on of property.

    Article 173  Whoever, in violation of the laws and regulations on
protection of cultural relics, secretly transports precious cultural relics
for export shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and may concurrently be sentenced to
a fine; if the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment,
and may concurrently be sentenced to confiscation of property.

    Article 185  Any state functionary who takes advantage of his office
to accept bribes shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention. The funds or articles that he received
as bribes shall be confiscated, and public funds or articles shall be
recovered.

    Whoever commits the crime mentioned in the preceding paragraph and
causes the interests of the state or citizens to suffer serious losses shall
be sentenced to fixed-term imprisonment of not less than five years.

    Whoever offers or introduces a bribe to a state functionary shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.

    Article 155  Any state functionary who takes advantage of his office
to embezzle public property shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention; if the amount involved
is huge and the circumstances are serious, he shall be sentenced to fixed-
term imprisonment of not less than five years; if the circumstances are
especially serious, he shall be sentenced to life imprisonment or death.

    For the crime mentioned in the preceding paragraph, the offender shall
be sentenced concurrently to confiscation of property or ordered to make
restitution or compensation.

    If any person entrusted by state organs, enterprises, institutions or
people’s organizations to perform public duties commits the crime mentioned
in the first paragraph of this Article, he shall be punished in accordance
with the provisions of the two preceding paragraphs.

    Article 188  Any judicial functionary who engages in malpractices for
the benefit of his friends and subjects to prosecution a person he clearly
knows to be innocent and intentionally protects from prosecution a person
he clearly knows to be guilty, or intentionally twists the law, confounding
right and wrong, when rendering judgments or orders, shall be sentenced to
fixed-term imprisonment of not more than five years, criminal detention or
deprivation of political rights; if the circumstances are particularly
serious, he shall be sentenced to fixed-term imprisonment of not less than
five years.

    Article 162  Whoever harbours counterrevolutionaries or gives false
evidence to protect them shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public
surveillance; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.

    Whoever harbours other criminals or gives false evidence to protect
them shall be sentenced to fixed-term imprisonment of not more than two
years, criminal detention or public surveillance; if the circumstances are
serious, the offended shall be sentenced to fixed-term imprisonment of not
less than two years and not more than seven years.

    Conspirators to a crime mentioned in the two preceding paragraphs
shall be punished as for a joint crime.

    Article 148  If, during an investigation or trial, any witness, expert
witness, recorder or interpreter intentionally gives false evidence or makes
a false expert evaluation, record or translation concerning circumstances
that bear an important relation to a case, in order to frame another person
or conceal criminal evidence, shall be sentenced to fixed-term imprisonment
of not more than two years or criminal detention; if the circumstances are
serious, he shall be sentenced to fixed-term imprisonment of not less than
two years and not more than seven years.

    Article l57  Whoever by means of force or threat obstructs a state
functionary from carrying out his functions according to law or refuses to
carry out legally effective judgments or orders of people’s courts shall be
sentenced to fixed-term imprisonment of not more than three years, criminal
detention, a fine or deprivation of political rights.

    Article l46  Any state functionary who abuses his power, using his
public office for private gain, in order to retaliate against or frame
complainants, petitioners or critics shall be sentenced to fixed-term
imprisonment of not more than two years or criminal detention; if the
circumstances are serious, he shall be sentenced to fixed-term imprisonment
of not less than two years and not more than seven years.

    Article 187  Any state functionary who, because of neglect of duty,
causes public property or the interests of the state and the people to suffer
heavy losses shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention.

    Article 190  Any judicial functionary who releases a criminal without
authorization shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention; if the circumstances are serious, he
shall be sentenced to fixed-term imprisonment of not less than five years
and not more than ten years.





REGULATIONS ON REWARDS FOR RATIONALIZATION PROPOSALS AND TECHNOLOGICAL IMPROVEMENTS

ANNOUNCEMENT OF THE STATE COUNCIL FOR ENSURING SAFETY IN CIVIL AVIATION

Category  PUBLIC SECURITY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1982-12-01 Effective Date  1982-12-01  


Announcement of the State Council for Ensuring Safety in Civil Aviation



(promulgated on December 1, 1982)

    The following Announcement is hereby issued for the purpose of ensuring
safety in civil aviation, preventing the occurence of such incidents as
hijacking, damages to civil aircraft, and damages to civil aviation
installations and facilities, and guaranteeing the safety of public property
and the safety of passengers’ lives and property:

    1. Chinese and foreign passengers, who travel by the international and
domestic civil air-liners, together with the luggage and things they carry
along, unless specially exempted, must all be subject to safety technical
examination before boarding; passengers shall pass through the safety
examination gate, and the luggage and articles they carry along shall be
examined by instruments; personal examination and open-trunk examination may
also be carried out. Those who refuse to accept the examination shall not be
permitted to board the plane.

    2. Passengers shall be strictly forbidden to enter the airport or travel
by plane with firearms, ammunition, lethal weapons, explosives, combustibles,
poisonous and radioactive matters and other dangerous articles that may
jeopardize the safety of civil aviation.

    3. It is strictly forbidden to climb over such installations round the
airport as the enclosing walls, boundary ditches, and barbed wire
entanglements. It is strictly forbidden to hunt, to fire shots, to shoot or to
traverse within the confines of the airport.

    4. It is strictly forbidden for people unconcerned, or their vehicles, to
come near the aircraft parking area and airliner parking area. All personnel
who have close contact with aircraft must be subject to the control and
examination of guardians and guards.

    5. It is strictly forbidden for personnel who have not undergone safety
examination to enter the isolated area of the airport waiting building. Those
who must enter the isolated area to execute their duties and have obtained
approval must also accept safety examination.

    6. Criminals who use violence or other means in hijacking aircraft or use
explosives or other means in damaging aircraft and civil aviation
installations shall be severely punished according to law by judicial organs.

    7. As regards the criminals who plot to hijack aircraft or to sabotage the
safety of civil aviation, any person is in duty bound to expose and inform
against them by reporting the case to the people’s government. The units or
individuals that have distinguished themselves in preventing and checking an
attempted hijacking scheme or other schemes to sabotage the safety of civil
aviation shall be commended and rewarded.





INTERIM PROVISIONS OF THE SPECIAL ECONOMIC ZONES IN GUANGDONG PROVINCE FOR THE CONTROL OF PERSONNEL

PROVISIONS OF THE GENERAL ADMINISTRATION OF CUSTOMS AND THE MINISTRY OF FINANCE CONCERNING THE LEVY AND EXEMPTION OF CUSTOMS DUTIES AND CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX ON IMPORTS AND EXPORTS FOR THE CHINESE-FOREIGN COOPERATIVE EXPLOITATION OF OFFSHORE OIL

19820228the State Council

The General Administration of Customs, the Ministry of Finance

Provisions of the General Administration of Customs and the Ministry of Finance Concerning the Levy and Exemption of Customs Duties
and Consolidated Industrial and Commercial Tax on Imports and Exports for the Chinese-foreign Cooperative Exploitation of Offshore
Oil

(Approved on February 28, 1982 by the State Council, Promulgated on April 1, 1982 by the General Administration of Customs and the
Ministry of Finance)

In order to encourage Chinese-foreign cooperative exploitation of offshore oil, rules for the levy and exemption of customs duties
and the consolidated industrial and commercial tax on imports and exports for offshore oil exploitation are hereby drawn up as follows:

Article 1

The following imported goods shall be exempt from the duties and the tax:

(1)

machinery, equipment, spare parts and materials verified and approved for direct use in exploration.

(2)

machinery, equipment, spare parts and materials verified and approved as necessary imports for direct use in development, in accordance
with Article 19 to Article 21 of the “Regulations of the Republic of China on the Exploitation of Offshore Oil Resources in Cooperation
with foreign Enterprises.”

(3)

parts, components and materials verified and approved as necessary imports for manufacturing machinery and equipment in China for
the exploitation of offshore oil (including prospecting, well drilling, well cementing, well logging, mud logging, oil production,
work-over, etc.).

(4)

Machinery and other engineering equipment, temporarily imported for exploitation of oil and guaranteed to be re-exported by foreign
contractors, shall be oil and guaranteed to be reexported by foreign contractors, shall be exempt from the duties and the tax when
imported or re-exported.

Article 2

Crude oil received by foreign contractors in accordance with provisions of the oil contracts shall be exempt from export duties when
it is exported.

Article 3

Customs duties and consolidated industrial and commercial tax shall be levied on imports and exports beyond the scope specified in
Article 1 and Article 2 above according to the Customs Import and Export Tariff of the People’s Republic of China and the Regulations
of the Consolidated Industrial and Commercial Tax of the People’s Republic of China (Draft).

Article 4

All goods imported free of the duties and the tax shall not be used for other purposes without Custom’s approval. Breaching of these
rules shall be dealt with by the Customs in accordance with “The Interim Customs Law of the People’s Republic of China”.

Attachment:List of Imported Goods Exempt from the Duties and the Tax for the Chinese-foreign Cooperative Exploitation of Offshore Oil

I

Goods verified and approved as necessary imports for direct use in exploration:

A.

For geophysical exploration:

(1)

ships for geophysical exploration and accessory equipment thereof.

(2)

seismographs, components and accessories thereof, gravimeter and magnetometers and accessories thereof.

(3)

hydrophone streamers and accessory equipment thereof.

(4)

data processing computers and accessory equipment thereof.

(5)

seismic tapes.

(6)

on-land navigation and positioning equipment and accessory facilities thereof.

B.

For well drilling:

(1)

various offshore drilling installations, including jack-ups and semi-submersible drilling rigs, floating drilling ships and drilling
platforms as well as tender ships, working boats and service vessels.

(2)

drilling rigs, and components, accessories or fittings thereof.

(3)

well cementing equipment and auxiliary equipment, including cement mixer and feeding equipment.

(4)

well logging equipment and auxiliary equipment including electrical logging instruments, mud logging instruments, directional survey
instruments and other logging instruments.

(5)

production testing equipment, work-over equipment, and components or accessories thereof.

(6)

special tools for well drilling, including drilling bits, drill collars, drill pipes, deviation control tools, fishing tools and other
tools.

(7)

drilling mud treating equipment and chemicals.

(8)

materials used exclusively for oil wells, including tubing, casing, wellhead equipment and subsea equipment and tools.

(9)

oil well cements and various additives.

C.

For safety and lifesaving:

(1)

various kinds of equipment, spare parts and materials for blowout prevention.

(2)

various kinds of equipment and materials for fire prevention and fire fighting.

(3)

various kinds of equipment, accessories and tools for lifesaving.

(4)

special labor protection outfits for personnel working offshore.

(5)

equipment and materials for diving operations.

D.

For transportation and communications:

(1)

helicopters and facilities for helipad.

(2)

vessels for transportation, communications and convoy, and accessory equipment thereof.

(3)

various kinds of equipment and outfits for wire and radio communication.

E.

For fuels and oils:

Special fuels, lubricating oils and cooling fluids necessary for offshore oil operations.

II

Goods verified and approved as necessary imports for development, or, oil field construction:

A.

For oil production:

(1)

production platforms, including oil production platforms, oil-gas processing platforms, living platforms and flare platforms.

(2)

offshore oil loading facilities, including single-point mooring, single articulated leg mooring, oil storage vessels, under-water
oil storages and loading berths.

(3)

vessels for offshore construction operations.

(4)

power generating equipment and accessories thereof, including internal-combustion engines, steam turbines, gas turbines, steam engines,
generators and electric motors as well as controlling panels and related installation.

(5)

injection equipment and accessories thereof, including water and gas injection as well as facilities for water and gas treatment.

(6)

downhole packers and downhole blowout preventors.

(7)

cranes, lifting equipment and tools.

(8)

oil (gas) transportation equipment, line pipes, and valves and pipe fittings thereof, equipment for pumping and boosting stations
and onshore terminal, and valves and pipe fittings thereof, including various kinds of pumps, equipment for liquid separating, heat-exchanging,
purifying, and compressing, various kinds of measuring, monitoring and parameter indicating meters, and various kinds of valves and
pipe fittings thereof, various kinds of electric instruments and cables.

B.

For automation, remote controlling and telemetering:

(1)

various kinds of installation and meters.

(2)

air-conditioning equipment.

III

Parts, components and materials verified and approved as necessary imports for manufacturing equipment and machinery in China for
the exploitation of offshore oil.

IV

The importation of the above-mentioned goods shall be subject to the verification and approval of the Ministry of Petroleum Industry.



 
The General Administration of Customs, the Ministry of Finance
1982-04-01

 






RESOLUTION OF THE FIFTH SESSION OF THE FIFTH NATIONAL PEOPLE’S CONGRESS

Category  NATIONAL FLAG, NATIONAL EMBLEM, CAPITAL, NATIONAL ANTHEM AND NATIONAL DAY Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1982-12-04 Effective Date  1982-12-04  


Resolution of the Fifth Session of the Fifth National People’s Congress

on the National Anthem of the People’s Republic of China

(Adopted on December 4, 1982)

    The Fifth Session of the Fifth National People’s Congress resolves to
readopt the March of the Volunteers as the national anthem of the People’s
Republic of China and revoke the decision on the national anthem of the
People’s Republic of China adopted at the First Session of the current
National People’s Congress on March 5, 1978.





INTERIM REGULATIONS ON NOTARIZATION

Interim Regulations of the PRC on Notarization

     (Effective Date 1982.04.13–Ineffective Date )

PART I GENERAL RULES

   Article 1. These Regulations are formulated in order to perfect our state notarization system, protect the socialist legal system, prevent
disputes and reduce lawsuits.

   Article 2. Notarization means that the state notarial organization, upon the application of a party concerned, certifies according to law the
authenticity and legality of a legal act, a document or a fact of legal significance so as to protect public property and a citizen’s
rights and legitimate interests in status and property.

   Article 3. A notary’s office is a state notarial organization. A notary’s office shall teach citizens to abide by the law and protect the
socialist legal system through the notarization activities.

PART II THE BUSINESS OF A NOTARY’S OFFICE

   Article 4. The business of a notary’s office is as follows:

(1) To certify contracts (or agreements), commissions and testaments;

(2) To certify rights of inheritance;

(3) To certify the presentation or separation of property;

(4) To certify adoptive relations;

(5) To certify family relations;

(6) To certify status, record of formal learning or career;

(7) To certify birth, marriage, existence or death;

(8) To prove the signatures and/or seals on documents to be true;

(9) To prove the copies, abbreviated versions, translations or photostat copies of documents to tally with the originals;

(10) To certify the effect of enforcement on the documents used for demanding payment of debts or for claiming compensations if they
are considered to be beyond doubt;

(11) To preserve evidence;

(12) To take custody of testaments or other documents;

(13) To draw up the applications for netarization for the parties concerned;

(14) To handle other notarial affairs upon the applications of the parties concerned in accordance with international practice.

PART III THE ORGANIZATION AND LEADERSHIP OF A NOTARY’S OFFICE

   Article 5. A notary’s office shall be set up in a municipality directly under the Central Government, a county (or an autonomous county, the
same hereinafter) or a city. A notary’s office shall also be set up in a district under the jurisdiction of a city with the approval
of the judicial administration authorities of the province, autonomous region or municipality directly under the Central Government.

   Article 6. A notary’s office shall be under the control of the judicial administration authorities.

There are no subordinate relations between notaries’ offices.

   Article 7. A notary’s office shall be provided with notaries and assistant notaries. It shall be provided with a director or vice-director(s)
as required.

The posts of the director or vice-director(s) shall be held by notaries. The director and/or vice-director(s) shall exercise control
over the business of a notary’s office and carry out the duties of notaries.

The director, vice-director(s),notaries and assistant notaries shall be appointed or dismissed respectively in accordance with the
provisions for the administration of cadres by the people’s government of a municipality directly under the Central Government, a
county or a city.

   Article 8. A citizen who has the right to vote and to stand for election shall be appointed notary if he or she possesses any of the following
qualifications:

(1) Graduation from the law speciality of an institution of higher learning, having passed probation and been engaged in a judicial
job or in law teaching or law studies for more than one year;

(2) Service as a judge or a procurator in a people’s court or in a people’s procuratorate;

(3) Judicial vocational work in judicial administration authorities for more than two years, or work in another state organization,
body, enterprise or institution for more than five years, and a knowledge of law equal to that of a graduate from a secondary law
school;

(4) The post_title of assistant notary for more than two years.

   Article 9. A graduate from a higher law instiution or a secondary law school who has passed probation, or a state worker who has the same educational
qualification shall be appointed assistant notary.

PART IV JURISDICTION

   Article 10. Notarial affairs shall be under the jurisdiction of the notary’s office at the location of the applicant’s household register or
at the place of occurrence of the legal act or fact.

   Article 11. The notarial affairs relating to the transfer of property shall be under the jurisdiction of the notary’s office at the location
of the applicant’s household register or at the location of the principal property.

   Article 12. If the household registers of a number of applicants for the handling of the same notarial affair are not located within the area
under the jurisdiction of a notary’s office, or if the property is scattered in a number of areas under the jurisdiction of several
notaries’ offices, the parties concerned shall consult with each other and make the application to any of the notaries’ offices.
If the parties concerned fail to reach any agreement, the case shall be put under the jurisdiction of the notaries’ offices concerned
by means of consultation for the convenience of the people.

   Article 13. If jurisdiction disputes occur between the notaries’ offices, their common higher judicial administration authorities shall specify
the jurisdiction.

   Article 14. The Ministry of Justice and the judicial administration authorities of each province, autonomous region and municipality directly
under the Central Government shall be enpost_titled to assign a certain notarial affair to a certain notary’s office.

   Article 15. Our embassies and consulates accredited abroad shall handle notarial affairs at the request of our citizens in the countries where
they are accredited.

PART V THE PROCEDURE OF NOTARIZATION

   Article 16. In the application for notarization, the party concerned shall personally go to the notary’s office and make a written or verbal
application. If someone else is entrusted to do so, he shall present a power of attorney. However, an applicant for the certification
by a notary of a commission, statement, adoption of child, testament or signature and seal shall not entrust someone else to act
on his behalf; if the party has any real difficulty, the notary shall handle notarization at the party’s location.

The state organizations, bodies, enterprises and institutions shall dispatch their representatives to the notaries’ offices in making
applications for notarization. The representatives shall present powers of attorney.

   Article 17. A notary shall be prohibited from handling the notarial affairs applied for by himself or herself or his or her spouse or his or
her own or spouse’s close relatives, and also be prohibited from handling the notarial affairs in which he or his or her spouse has
interests.

A party concerned shall be enpost_titled to apply for the sidestepping of notaries.

   Article 18. A notary shall examine the status of a party concerned and his or her capacities in the exercise of rights and the fulfilment of
obligations; examine whether the facts, documents and related papers of which the party concerned applies for the notarization are
true and legal.

   Article 19. When a notary’s office considers the evidence supplied by the party concerned to be incomplete or doubtful, it shall be enpost_titled
to notify the party to make necessary supplements or make inquiries of the units or individuals concerned and ask for related papers
and materials. The units or individuals concerned shall be obliged to give assistance.

   Article 20. A notary shall make notarial deeds in the forms as stipulated or approved by the Ministry of Justice.

   Article 21. A copy of a notarial deed shall be kept on file after its completion. A number of copies shall be made and issued to the party
concerned together with the original in accordance with the needs of the party.

   Article 22. A notary’s office shall collect fees for handling notarial affairs. The procedures for the collection of notarial fees shall be
separately formulated by the Ministry of Justice.

   Article 23. All the notarial affairs handled by the notary’s office shall be kept confidential.

   Article 24. Either party concerned shall be enpost_titled to apply to the people’s court which has jurisdiction for the enforcement of the credit
document which has been notarized by a notary’s office to effect enforcement according to Clause (10) of Article 4 when the other
party is in breach of the provisions in the said document.

   Article 25. A notary’s office shall refuse to notarize untrue and illegal facts and documents. When the notary’s office refuses the party’s
application for notarization, it shall give the party the reasons for the refusal orally or in writing and explain the appeals procedure
if he or she disagrees with the reasons of the refusal.

If a party concerned disagrees with the reason of the refusal of a notary’s office or considers a notary to have handled his or her
application improperly, he or she shall make an appeal to the city or county judicial administration authorities at the location
of the office or to higher judicial administration authorities and the authorities concerned shall make a decision.

   Article 26. A notarial deed issued shall be cancelled if it is found to be improper or wrong by the notary’s office or the judicial administration
authorities at its same level or higher judicial administration authorities.

   Article 27. If a notarial deed applied for by a party concerned is intended to be used abroad, it shall also be submitted to the Ministry of
Foreign Affairs or the foreign affairs office of the province, autonomous region or municipality directly under the Central Government
and the embassy or consulate of the country concerned in China for attestation, in addition to being handled in the procedure as
stipulated in these Regulations. However, these procedures do not apply to those which are otherwise stipulated by the country where
the deed(s) is (are) to be sent and used or which are agreed by both parties to be exempt from consular attestations.

PART VI SUPPLEMENTARY PROVISIONS

   Article 28. These Regulations shall be applicable to the foreign citizens who live in China.

   Article 29. The Ministry of Justice shall be responsible for the interpretation of these Regulations.

   Article 30. These Regulations shall come into force on the date of promulgation.

    





PROVISIONS OF THE GENERAL CUSTOMS ADMINISTRATION AND THE MINISTRY OF FINANCE CONCERNING THE COLLECTION OF OR EXEMPTION FROM CUSTOMS DUTIES AND CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAXES ON IMPORTS AND EXPORTS FOR THE CHINESE-FOREIGN COOPERATIVE EXPLOITATION OF OFFSHORE OIL

Category  CUSTOMS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1982-04-01 Effective Date  1982-04-01  


Provisions of the General Customs Administration and the Ministry of Finance Concerning the Collection of or Exemption From Customs
Duties and Consolidated Industrial and Commercial Taxes on Imports and Exports for the Chinese-foreign Cooperative Exploitation of
Offshore Oil

Provisions
Appendix: Detailed Duty-free List of the Import Materials for the
Note:

(Approved by the State Council in February 28, 1982 and promulgated by the

General Customs Administration and the Ministry of Finance on April 1, 1982)
Provisions

    For the purpose of encouraging the Chinese-foreign cooperative
exploitation of offshore oil, the Customs duties and consolidated industrial
and commercial taxes on the imports and exports for oil operations are
stipulated as follows:

    1. The following imports shall be exempt from duties or taxs:

    (1) the machinery, equipment, spare parts and materials, the direct use of
which in prospecting operations has been verified and approved;

    (2) the machinery, equipment, spare parts and materials, the requirement
for the import of which has been verified and approved for direct use in
exploiting operation in accordance with Articles 19 to 21 of the Regulations
of the People’s Republic of china on the Exploitation of Offshore Petroleum
Resources in Cooperation with Foreign Enterprises;

    (3) the parts, components and materials, the requirement for the import
of which has been verified and approved for use in the manufacture in China
of the machinery and equipment to be used in offshore oil exploitation
operations (includings prospecting, well drilling, well cementation, well
survey, well logging, oil recovery, well repair, etc.);

    (4) machinery and other engineering equipment, which are temporarily
imported by foreign contractors for the exploitation of offshore oil, and of
which the re-export is guaranteed, shall be exempt from duties at the time
of import or re-export.

    2. The crude oil due to foreign contractors as stipulated in the contracts
shall be exempt from export duties when it is shipped abroad.

    3. Customs duties and consolidated industrial and commercial taxes shall,
in accordance with the Import and Export Duty Tariff of the Customs of the
People’s Republic of China and the Draft Regulations of the People’s Republic
of China on Consolidated Industrial and Commercial Taxes, be levied on the
imports or exports beyond the ranges stipulated in Article 1 and Article 2.

    4. The goods imported duty-free shall not be diverted to other use
without the vertification and approval by the Customs. Those who violate this
clause shall be dealt with by the Customs in accordance with the Interim
Customs Law of the People’s Republic of China.(Note 1.)
Appendix: Detailed Duty-free List of the Import Materials for the
Chinese-Foreign Cooperative Exploritation of Offshore Oil

    I.  Goods which are required and have been inspected and approved for
import and direct use in prospecting operations:

    1. Those for geophysical prospecting:

    (1) geophysical prospecting vessels and their integral accessories;

    (2) seismographs and their integral accessories and fittings; heavy
magnetometers and their fittings;

    (3) isobuoyant cables and their integral accessories;

    (4) data processing special-purpose electronic computers and their
integral accessories;

    (5) seismograph tapes;

    (6) shore platform positioning equipment and its accessory facilities.

    2. Those for well drilling:

    (1) various offshore drilling units, including self-elevating or semi-
submersible drill ships, floating drilling vessels, drilling platforms,
auxiliary vessels and service craft;

    (2) drilling machines and their components, accessories and fittings;

    (3) well comentation equipment and its accessory equipment, including
soot-blowing equipment;

    (4) well survey equipment and its accessory equipment, including
electrographs, pneumographs, inclinometers and other well loggers;

    (5) oil testing and well repairing equipment and its components,
accessories and fittings;

    (6) well drilling special-purpose tools, including drill bits, drill
collars, drilling rods, deflecting tools, deflection preventing tools,
fishing tools and other tools;

    (7) drilling mud treating equipment and chemical materials;

    (8) oil well special-purpose materials, including oil pipes, casings,
well head assemblies and underwater appliances;

    (9) oil well cement and various additives.

    3. Those for safety and rescue:

    (1) various oil well blowout-preventing devices, spare parts and materials;

    (2) various fire prevention and fighting devices and materials;

    (3) various lifesaving appliances, accessories and tools;

    (4) special labour protection articles for offshore operating personnel;

    (5) equipment and materials for diving operations.

    4. Those for communications and transportation:

    (1) helicopters and parking apron equipment;

    (2) communications, transportation and escort vessels and their
accessory components:

    (3) various wire and wireless communication equipment and its fittings.

    5. Oils:

    Special fuel oils, lubricating oil, coolant fluids, etc. required for
offshore operations.

    II  Goods, the requirement for the import of which has been verified and
approved for use in exploiting operations, i.e. in the construction of oil
fields:

    1. Those for oil recovery:

    (1) production platforms, including recovery platforms, treating
platforms, living platforms and beacon towers;

    (2) offshore oil loading facilities, including, single-point moorings,
hinged rocking posts oil storage ships or underwater oil tanks and piled
piers:

    (3) offshore engineering operation vessels;

    (4) power plants and their fittings, including internal combustion engines,
steam turbines, steam engines, generators and electric motors and their
control equipment and devices;

    (5) injection equipment and fittings, including water injection
equipment, gas injection equipment and water quality or gas treatment
facilities;

    (6) well water packers and underground blowout preventers;

    (7) lifting equipment and tools;

    (8) oil (gas) transportation equipment, pipelines and their gate valves
and pipe fittings, intermediate stations and shore terminal equipment and
their gate valves and pipe fittings including various machines and pumps and
fluid separation, heat exchange, purifying and presurizing devices, various
measuring, monitoring and parameter indicating meters, various gate valves
and pipe fittings; various electrical instruments and meters and cables.

    2. Those for automation remote control, and remote monitoring:

    (1) including various devices and instruments and meters;

    (2) air-conditioning installation.

    III  Parts, components and materials, the requirement for import of which
has been verified and approved for the manufacture in China of machinery and
equipment for offshore oil exploitation operation.

    IV  The Ministry of Petroleum Industry shall be responsible for examining
and approving whether it is necessary for the above materials to be purchased
from abridged.

Note:

    Note 1.  The Interim Customs Law of the People’s Republic of China has
been superseded by the Customs Law of the People’s Republic of China, which
was adopted at the 19th Meeting of the Standing Committee of the Sixth
National People’s Congress of the People’s Republic of China on January
22, 1987. — The Editor





CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE ENTRY-EXIT PROCEDURES FOR DEPUTIES TO THE NATIONAL PEOPLE’S CONGRESS AND MEMBERS TO THE NATIONAL PEOPLE’S POLITICAL CONSULTATIVE CONFERENCE WHO RESIDE IN THE REGIONS OF HONG KONG AND MACAO AND OTHER RELATED MATTERS WHEN THEY

Category  LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1982-12-09 Effective Date  1982-12-09  


Circular of the General Office of the State Council Concerning the Entry-exit Procedures for Deputies to the National People’s Congress
and Members to the National People’s Political Consultative Conference Who Reside in the Regions of Hong Kong and Macao and Other
Related Matters When They

Return to the Inland

(December 9, 1982)

    With the approval of the State Council, a circular is hereby issued to
you concerning the entry-exit procedures for deputies to the National People’s
Congress and members to the National People’s Political Consultative
Conference who reside in Hong Kong and Macao and some other related matters
when they return to the inland on public business:

    1. When the deputies to the National People’s Congress and members of the
National People’s Political Consultative Conference who reside in Hong kong
and Macao are to enter or leave the inland on public business, the departments
concerned shall contact the Customs in advance. The Customs shall give them
the treatment of exemption from inspection.

    2. When the said deputies to the National People’s Congress and members to
the National People’s Political Consultative Conference come to Beijng to
attend a session of the National People’s Congress or of the National People’s
Political Consultative Conference, the expenses for their round trips shall be
borne by the Congress or the Conference.

    3. When the said deputies to the National People’s Congress and members to
the National People’s Political Consultative Conference travel in the inland
areas, they may, by presenting certifications issued by the departments
concerned, use Renminbi (RMB) to buy their air, train (bus) and ship tickets
at the same prices as are paid by domestic travellers.

    You are requested to notify all the departments concerned of the aforesaid
provisions and to instruct them to act on them conscientiously.





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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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