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1988

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.





INTERIM REGULATIONS ON PUNISHMENT OF SERVICEMEN WHO COMMIT CRIMES CONTRARY TO THEIR DUTIES

Interim Regulations of the People’s Republic of China on Punishment of Servicemen Who Commit Crimes Contrary to Their Duties

     (Effective Date:1982.01.01–Ineffective Date:)

   Article 1. In accordance with the guiding ideas and fundamental principles of the Criminal Law of the People’s Republic of China, these Regulations
are formulated with a view to punishing servicemen for criminal acts in contravention of their duties, inculcating in them the conscientious
performance of their duties and strengthening the combat effectiveness of the armed forces.

   Article 2. Any act of a serviceman on active duty of the Chinese People’s Liberation Army that contravenes his duties and endangers the state’s
military interests and is punishable with criminal penalties by law constitutes a crime in contravention of a serviceman’s duties.
However, if the circumstances are clearly minor and the harm is not great, the act shall not be considered a crime and shall be dealt
with in accordance with military discipline.

   Article 3. Any person who violates the provisions for use of weapons and equipment, if the circumstances are serious, and causes a major liability
accident leading to severe injury or death of another person or other serious consequences shall be sentenced to imprisonment of
not more than three years or criminal detention; and in cases where the consequences are especially serious, the sentence shall be
imprisonment of not less than three years and not more than seven years.

   Article 4. Any person who discloses important military secrets of the state or loses documents or objects containing such secrets in violation
of the laws and regulations on the protection of state military secrets, if the circumstances are serious, shall be sentenced to
imprisonment of not more than seven years or criminal detention.

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than three
years and not more than ten years or, if the circumstances are especially serious, to imprisonment of not less than ten years or
life imprisonment.

Any person who steals, collects or furnishes military secrets for the enemy or foreigners shall be sentenced to imprisonment of not
less than ten years or life imprisonment or death.

   Article 5. Any person in command or on duty who leaves his post or neglects his duties, thereby causing serious consequences, shall be sentenced
to imprisonment of not more than seven years or criminal detention.

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than five
years.

   Article 6. Any person who deserts from the armed forces in violation of the military service law, if the circumstances are serious, shall be
sentenced to imprisonment of not more than three years or criminal detention.

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than three
years and not more than seven years.

   Article 7. Any person who secretly crosses the national boundary (borderline) in order to flee the country shall be sentenced to imprisonment
of not more than three years or criminal detention or, if the circumstances are serious, to imprisonment of not less than three years
and not more than ten years. The punishment of such crimes during wartime shall be heavier than in time of peace.

   Article 8. Any serviceman on duty at the frontier or coastal defence line who out of improper personal considerations allows another person
to cross the national boundary (borderline) without authorization shall be sentenced to imprisonment of not more than five years
or criminal detention or, if the circumstances are serious, to imprisonment of not less than five years. The punishment of such crimes
during wartime shall be heavier than in time of peace.

   Article 9. Any serviceman who abuses his power of office and maltreats or persecutes a subordinate, if the circumstances are so offensive as
to have resulted in serious bodily injury of another person or other serious consequences, shall be sentenced to imprisonment of
not more than five years or criminal detention. If he has caused the death of a person, he shall be sentenced to imprisonment of
not less than five years.

   Article 10. Any person who, by force or threat, hinders commanding personnel or personnel on duty from performing their duties shall be sentenced
to imprisonment of not more than five years or criminal detention or, if the circumstances are serious, to imprisonment of not less
than five years. If the circumstances are especially serious, or a person’s serious bodily injury or death is caused, the offender
shall be sentenced to life imprisonment or death. The punishment of such crimes during wartime shall be heavier than in time of peace.

   Article 11. Any person who steals weapons, equipment or military supplies shall be sentenced to imprisonment of not more than five years or criminal
detention or, if the circumstances are serious, to imprisonment of not less than five years and not more than ten years. If the circumstances
are especially serious, he shall be sentenced to imprisonment of not less than ten years or life imprisonment. The punishment of
such crimes during wartime shall be heavier than in time of peace, and the offender may be sentenced to death if the circumstances
are especially serious.

   Article 12. Any person who destroys weapons, equipment or military installations shall be sentenced to imprisonment of not more than three years
or criminal detention. Any person who destroys important weapons, equipment or military installations shall be sentenced to imprisonment
of not less than three years and not more than ten years. If the circumstances are especially serious, he shall be sentenced to imprisonment
of not less than ten years, life imprisonment or death. The punishment for such crimes during wartime shall be heavier than in time
of peace.

   Article 13. Any person who inflicts bodily injury on himself, thus disqualifying himself from fulfilling his military obligation during wartime,
shall be sentenced to imprisonment of not more than three years or, if the circumstances are serious, to imprisonment of not less
than three years and not more than seven years.

   Article 14. Any person who fabricates rumours to mislead others and undermine army morale during wartime shall be sentenced to imprisonment of
not more than three years or, if the circumstances are serious, imprisonment of not less than three years and not more than ten years.

Any person who colludes with the enemy to spread rumours so as to mislead others and undermine army morale shall be sentenced to imprisonment
of not less than ten years or life imprisonment. If the circumstances are especially serious, he may be sentenced to death.

   Article 15. Any person who is directly responsible for deliberate abandonment of the wounded on the battlefield shall, if the circumstances are
offensive, be sentenced to imprisonment of not more than three years.

   Article 16. Any serviceman who in fear of fighting deserts from his unit before a battle shall be sentenced to imprisonment of not more than
three years or, if the circumstances are serious, to imprisonment of not less than three years and not more than ten years. If his
desertion has caused serious losses to a battle or campaign, he shall be sentenced to imprisonment of not less than ten years, life
imprisonment or death.

   Article 17. Any serviceman who disobeys orders in battle, thereby jeopardizing the military operations, shall be sentenced to imprisonment of
not less than three years and not more than ten years. If serious losses are caused to a battle or campaign, he shall be sentenced
to imprisonment of not less than ten years, life imprisonment or death.

   Article 18. Any serviceman who intentionally makes a false report about the military situation or communicates a false military order, thereby
jeopardizing the military operations, shall be sentenced to imprisonment of not less than three years and not more than ten years.
If serious losses are caused to a battle or campaign, he shall be sentenced to imprisonment of not less than ten years, life imprisonment
or death.

   Article 19. Any serviceman who in fear of death on the battlefield voluntarily lays down his arms and surrenders to the enemy shall be sentenced
to imprisonment of not less than three years and not more than ten years or, if the circumstances are serious, to imprisonment of
not less than ten years or life imprisonment.

Any serviceman who, after surrendering to the enemy, works for the enemy shall be sentenced to imprisonment of not less than ten years,
life imprisonment or death.

   Article 20. Any serviceman who plunders or mistreats innocent residents in areas of military operations shall be sentenced to imprisonment of
not more than seven years or, if the circumstances are serious, to imprisonment of not less than seven years. If the circumstances
are serious, he shall be sentenced to life imprisonment or death.

   Article 21. Any serviceman who maltreats prisoners of war, if the circumstances are offensive, shall be sentenced to imprisonment of not more
than three years.

   Article 22. During wartime, any serviceman who commits a crime and is sentenced to imprisonment of not more than three years with a reprieve
pronounced may, in consideration of the absence of actual danger from him, be allowed to atone for his crime by performing meritorious
deeds. Should he truly perform meritorious deeds, the original sentence may be rescinded, and he shall not be punished as a criminal.

   Article 23. All servicemen on active duty who commit crimes not provided for in these Regulations shall be punished in accordance with the relevant
articles of the Criminal Law of the People’s Republic of China.

   Article 24. Servicemen whose crimes have caused great harm may, in addition, be deprived of their decorations, medals and post_titles of honour.

   Article 25. These Regulations are applicable to staff members and workers on the regular payroll of military establishments, who commit crimes
covered in these Regulations.

   Article 26. These Regulations shall go into effect as of January 1, 1982.

    





INTERIM REGULATIONS CONCERNING NOTARIZATION

Category  JUDICIAL ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1982-04-13 Effective Date  1982-04-13  


Interim Regulations of the People’s Republic of China Concerning Notarization

Chapter I  General Provisions
Chapter II  Scope of Business of Notary Office
Chapter III  Organization and Leadership of Notary Office
Chapter IV  Jurisdiction
Chapter V  Procedures for the Handling of Notarial Affairs
Chapter VI  Supplementary Provisions

(Promulgated by the State Council on April 13, 1982)

Chapter I  General Provisions

    Article 1  These Regulations are formulated to strengthen and perfect the
state notarial system, to uphold the socialist legal system, to prevent
disputes and to reduce the number of lawsuit cases.

    Article 2  Notarization means that the state notarial department, upon
application of any party concerned, gives testimonial, according to law, to the
authenticity and legality of legal actions, legal documents and legal facts,
so as to safeguard public properties, and to safeguard citizens’ status, and
property rights as well as their lawful interests.

    Article 3  The notary office is the state notarial department. The notary
office should, through its notarial activities, educate citizens in abiding by
the law and upholding the socialist legal system.
Chapter II  Scope of Business of Notary Office

    Article 4  The notary office shall handle the following items of business:

    (1) to give a testimonial to contracts (legal deeds), powers of attorney,
wills;

    (2) to give a testimonial to right of inheritance;

    (3) to give a testimonial to donation of property and to partition of
property;

    (4) to give a testimonial to the relationship of adoption;

    (5) to give a testimonial to family relationship;

    (6) to give a testimonial to identity (status), record of education, and
personal experience;

    (7) to give a testimonial to a person’s birth, marital status, existence
and death;

    (8) to give a testimonial to the authenticity of signatures and seals on
documents;

    (9) to give a testimonial to the conformity of duplicates, abridged
versions, translations, and photo-offset copies to the original;

    (10) to give a testimonial to the effect of compulsory execution of
documents concerning the claim for repayments of debt and articles in the event
that such documents are considered to be unequivocal;

    (11) to be responsible for the preservation of evidence;

    (12) to be responsible for the safekeeping of wills or other documents;

    (13) to draft, on behalf of the party concerned, a document of application
for a notarial deed;

    (14) to handle other notarial affairs in accordance with the application of the party concerned and international
practice.
Chapter III  Organization and Leadership of Notary Office

    Article 5  The notary office shall be set up in municipalities directly
under the Central Government, counties (or autonomous counties, and the same
below), and municipalities. With the approval of the judicial administrative
authorities of the province, autonomous region and municipality directly under
the Central Government, a municipal district may also set up the notary office.

    Article 6  The notary office shall be under the leadership of the judicial
administrative authorities.

    The subordinative relationship does not exist between notary offices.

    Articel 7  The notary office shall have positions of notary and assistant
notary. When necessary, it may have positions of director and deputy director.

    The positions of director and deputy director shall be assumed by notaries.
The director and deputy director shall direct the work of the notary office,
and must also execute the duties of notaries.

    Directors, deputy directors, notaries, and assistant notaries shall be
appointed and removed respectively by the relevant people’s government of the
municipality directly under the Central Government, of the county, or of the
municipality in accordance with the relevant provisions of the administration
of cadres.

    Article 8  Any citizen who has the right to elect and stands for elections
and who meet one of the following qualifications may be appointed as a notary:

    (1) graduates of law specialty of institutions of higher learning who have
passed the probation, and have engaged in judicial work, teaching of law, or
research in law for 1 year or more;

    (2) those who have served in a people’s court or a people’s procuratorate
as judges or procurators;

    (3) those who have engaged in judicial work in the judicial administrative
department for 2 years or more, or who have worked in other state departments,
public organizations, or enterprises and institutions for 5 years or more, and
have the knowledge in law comparable to that of graduates from secondary law
schools;

    (4) those who have served as assistant notaries for 2 years or more.

    Article 9  Graduates from law schools at the secondary and higher levels
who have passed the probation, and government functionaries with the equivalent
record of education, may be appointed as assistant notaries.
Chapter IV  Jurisdiction

    Article 10  Notarial affairs shall be under the jurisdiction of the notary
office at the locality where the applicant has his/her residence registration,
or where legal actions or legal facts have occurred.

    Article 11  Notarial affairs concerning transfer of properties shall be
under the jurisdiction of the notary office at the locality where the applicant
has his/her residence registration, or where principal properties are located.

    Article 12  In the event that a number of persons concerned, who apply for
the handling of the same notarial affair, have their residence registration at
different localities that do not come under the jurisdiction of one and the
same notary office, or the properties are scattered in several areas that come
under the jurisdiction of different notary offices, these persons concerned
may, through consultation, make their applications to any of those notary
offices. In the event that the persons concerned fail to reach an agreement,
the different notary offices concerned shall coordinate in jurisdiction out of
consideration for the convenience of the persons concerned.

    Article 13  In the event that jurisdictional disputes arise among various
notary offices, their common superior – the judicial administrative authorities
at a higher level shall designate the jurisdiction.

    Article 14  The Ministry of Justice and the judicial departments of various
provinces, autonomous regions, and municipalities directly under the Central
Government shall have the authority to assign a certain notary office to handle
a particular notarial affair.

    Article 15  The embassy or consulate of China in a foreign country may
handle notarial affairs at the request of a Chinese citizen residing in the
foreign country where there is Chinese embassy or consulate.
Chapter V  Procedures for the Handling of Notarial Affairs

    Article 16  In applying for notarization, a party concerned shall go to the
notary office personally to make an application in writing or verbally. If the
application affair is entrusted to an agent, certifying documents of the power
of attorney shall be presented. However, the application affair shall not be
entrusted to an agent if the party concerned applies to the notary office for a
testimonial concerning a power of attorney, a statement, adoption of children,
a will, or signatures and seals; if the party concerned has true difficulty in
making the application, the notary may go to the locality where the party
concerned resides, to handle the notarial affairs.

    In the event that state organs, public organizations, enterprises and
institutions apply for notarization, they shall send their representatives to
the notary office. The representatives shall present their certifying documents
of the power of representation.

    Article 17  Notaries shall not handle notarial affairs which they
themselves or their spouses, or which the near relatives of themselves or their
spouses apply for; in addition, they shall not handle notarial affairs that
they themselves or their spouses have interests in.

    The parties concerned shall have the right to apply for the withdrawal of
any of the notaries.

    Article 18  The notaries must examine the status of the parties concerned
and their ability to exercise rights and to perform obligations; and must
examine the authenticity and legality of the facts, documents and other
relevant documents, with regard to all of which the persons concerned are
applying for a testimonial.

    Article 19  In the event that the notary office holds that the evidence
provided by the persons concerned is not complete or is doubtful, it has the
right to notify the persons concerned that they make necessary additions to
complete the evidence, or it may consult the departments or individuals
concerned and ask them to provide certifying documents and materials. The
departments and individuals concerned shall have the obligation to render
assistance.

    Article 20  Notaries shall prepare notarial documents in accordance with
the format prescribed or approved by the Ministry of Justice.

    Article 21  After notarial documents have been processed, an additional
copy of the documents shall be kept on file. In accordance with the needs of
the persons concerned, duplicates may be prepared, which shall be issued to the
persons concerned together with the original documents.

    Article 22  The notary office shall collect service charges for handling
notarial affairs. The measures for collecting notarial service charges shall be
formulated by the Ministry of Justice separately.

    Articel 23  The notarial affairs, as handled by the notary office, shall be
kept confidential by the notaries.

    Article 24  If one party concerned refuses to act in accordance with the
stipulations of the document concerning creditor’s rights which has been
rendered compulsory by the notary office in accordance with the stipulations of the stipulations of Item 10, Article 4, the other
party concerned may
apply to a basic people’s court which has jurisdiction for execution.

    Article 25  The notary office shall refuse to give a testimonial to false
or illegal statements and documents. When the notary office refuses to accept
an application of the party concerned for notarization, it shall explain,
verbally or in writing, to the party concerned the reason why his/her
application is rejected, and explain also the procedure for making an appeal if
the applicant is not satisfied with the rejection.

    In the event that the party concerned is not satisfied with the rejection
made by the notary office, or thinks that the notary has handled the notarial
affair improperly, he/she may make an appeal to the municipal or county
judicial administrative department at the locality where the notary office is
located or to the judicial administrative department at a higher level, and the
department that accepts the appeal shall make a decision.

    Article 26  The notary office, or the judicial administrative department at
the same level, or the judicial administrative department at a higher level,
shall rescind a notarial document which has already been issued, if they
discover that there are improper points or mistakes in it.

    Article 27  In the event that notarial documents, processed in accordance
with the application made by the party concerned, are to be sent to a foreign
country for use, these notarial documents, apart from being processed in
accordance with the procedures as prescribed in this chapter, shall be sent to
the Ministry of Foreign Affairs, or to the foreign affairs office of the
province, autonomous region, or municipality directly under the Central
Government, and also to the said foreign country’s embassy or consulate in
China for confirmation. However, the aforesaid stipulations shall not apply to
such cases where a foreign country in which the notarial documents are to be
used prescribes otherwise in its relevant provisions, or where an agreement has
been signed between China and the said foreign country on exempting the
aforesaid confirmation of notarial documents.
Chapter VI  Supplementary Provisions

    Article 28  These Regulations shall apply to foreign citizens residing in
China.

    Article 29  The right to interpret these Regulations shall reside in the
Ministry of Justice,

    Article 30  These Regulations shall go into effect as of the date of
promulgation.?






ORGANIC LAW OF THE NATIONAL PEOPLE’S CONGRESS OF THE PEOPLE’S REPUBLIC OF CHINA

Organic Law of the National People’s Congress of the People’s Republic of China

(Adopted at the Fifth Session of the Fifth National People’s Congress and promulgated for implementation by the proclamation
of the National People’s Congress on December 10, 1982) 

Contents 

Chapter  I  Sessions of the National People’s Congress 

Chapter II  The Standing Committee of the National People’s Congress 

Chapter III The Committees of the National People’s Congress 

Chapter IV  Deputies to the National People’s Congress 

Chapter I 

Sessions of the National People’s Congress 

Article 1 Sessions of the National People’s Congress shall be convened in accordance with the relevant provisions of the Constitution
of the People’s Republic of China. 

The first session of each National People’s Congress shall be convened by the Standing Committee of the previous National People’s
Congress within two months of the election of deputies to the current National People’s Congress. 

Article 2 A month before the convening of a session of the National People’s Congress, its Standing Committee shall notify the deputies
of the date of the session and of the main items on the proposed agenda. 

The provisions of the preceding paragraph shall not apply to specially convened sessions of the National People’s Congress. 

Article 3 After deputies to the National People’s Congress have been elected, their credentials shall be examined by the Credentials
Committee of the Standing Committee of the National People’s Congress. 

Based on the reports submitted by the Credentials Committee, the Standing Committee of the National People’s Congress shall affirm
the qualifications of deputies or invalidate the election of individual deputies, and shall publish the list of affirmed deputies
prior to the first session of each National People’s Congress. 

Deputies to the National People’s Congress who are elected through by-elections shall have their credentials examined in accordance
with the provisions of the preceding paragraphs. 

Article 4 Deputies to the National People’s Congress shall be grouped into delegations based on the units that elect them. Each delegation
shall elect a head and deputy-heads. 

Before each session of the National People’s Congress is convened, the delegations shall discuss matters concerning preparations
for the session put forward by the Standing Committee of the National People’s Congress. During the session, the delegations shall
deliberate on the bills and proposals submitted to the Congress, and the heads of delegations or representatives chosen by them may
express, on behalf of those delegations, opinions on the bills and proposals at meetings of the Presidium or at plenary meetings
of the session. 

Article 5 Before each  session of the National People’s Congress, a preparatory meeting shall be held to elect a Presidium and
a Secretary-General for the session, adopt an agenda for that session and make decisions on other preparatory work. 

The preparatory meeting shall be presided over by the Standing Committee of the National People’s Congress. The preparatory meeting
of the first session of each National People’s Congress shall be conducted by the Standing Committee of the previous National People’s
Congress. 

Article 6 The Presidium shall preside over the sessions of the National People’s Congress. 

The Presidium shall elect some of its members to rotate as executive chairmen of the sessions. 

Standing chairmen shall be elected by the Presidium to convene and preside over meetings of the Presidium. 

Article 7 For each session, the National People’s Congress shall set up a secretariat which shall work under the direction of the
Secretary-General. 

Each session of the National People’s Congress shall install several Deputy Secretaries-General, whose choice shall be decided on
by the Presidium. 

Article 8 Members of the State Council, members of the Central Military Commission, the President of the Supreme People’s Court and
the Procurator-General of the Supreme People’s Procuratorate may attend meetings of the National People’s Congress but without voting
rights. By decision of the Presidium, responsible officers of other State organs and public organizations may also attend meetings
of the National People’s Congress without voting rights. 

Article 9 The Presidium, the Standing Committee and the special committees of the National People’s Congress, the State Council,
the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate may submit to the National People’s
Congress bills or proposals that fall within the scope of its functions and powers. The Presidium shall decide whether to refer the
bills  or proposals to the various delegations  or  to  the  delegations  and  relevant 
special  committees  for deliberation. The result of the deliberations shall then be reported to the Presidium which may,
after its own deliberation and decision, put the bills or proposals to a vote at a plenary meeting. 

Article 10 A delegation or a group of thirty or more deputies may submit to the National People’s Congress bills or proposals that
fall within the scope of its functions and powers. The Presidium may decide whether or not to put the bills or proposals on the agenda
of the Congress, or it may refer the bills or proposals to the relevant special committees for deliberation and, after receiving
their opinions, decide whether or not to put the bills or proposals on the agenda of the Congress. 

Article 11 Deliberation on a bill or proposal submitted to the National People’s Congress shall terminate upon the request of its
sponsor for its withdrawal before it is put to a vote in the Congress. 

Article 12 Sessions of the National People’s Congress shall adopt bills amending the Constitution, legislative bills and other bills
in accordance with the relevant provisions of the Constitution of the People’s Republic of China. 

Article 13 Candidates for Chairman, Vice-Chairmen, Secretary-General and other members of the Standing Committee of the National
People’s Congress, President and Vice-President of the People’s Republic of China, Chairman of the Central Military Commission, President
of the Supreme People’s Court and Procurator-General of the Supreme People’s Procuratorate shall be nominated by the Presidium which,
after consultation among the various delegations, shall decide upon a formal list of candidates, based on the opinion of the majority
of deputies. 

Article 14 The Premier and other members of the State Council and members of the Central Military Commission other than its Chairman
shall be nominated in accordance with the relevant provisions of the Constitution. 

Article 15 Proposals for the removal from office of a member of the Standing Committee of the National People’s Congress, the President
or Vice-President of the People’s Republic of China, a member of the State Council or the Central Military Commission, the President
of the Supreme People’s Court or the Procurator-General of the Supreme People’s Procuratorate may be submitted by three or more delegations
or at least one-tenth of the number of deputies to the National People’s Congress. The Presidium shall then put the proposal before
the Congress for deliberation. 

Article 16 During a session of the National People’s Congress, a delegation or a group of thirty or more deputies may address written
questions to the State Council and the ministries and commissions under the State Council. The Presidium shall decide whether to
refer the questions to the organs concerned for written replies or to ask the leaders of those organs to give oral replies at meetings
of the Presidium, the relevant special committees or the relevant delegations.  If the replies are to be given at meetings of
the Presidium or special committees, the head of the delegation or of the group of deputies who addressed the questions may also
attend the meetings to express their opinions. 

Article 17 During deliberation on a bill or proposal in the National People’s Congress, deputies may address inquiries to the relevant
State organs, and those organs shall send their representatives to give explanations at group meetings of the deputies or at delegation
meetings. 

Article 18 At sessions of the National People’s Congress, elections may be conducted and bills may be passed by secret ballot, by
a show of hands or by any other form as decided by the Presidium. 

Article 19 When the National People’s Congress is in session, deputies from the minority nationalities shall be provided with the
necessary facilities for interpretation. 

Article 20 Sessions of the National People’s Congress shall be open to the public; when necessary, closed sessions may be held by
decision of a meeting of the Presidium and the heads of all the delegations. 

Article 21 The proposals, criticisms and opinions put forward by deputies to the National People’s Congress or its Standing Committee
concerning any sphere of work shall be referred by the office of the Standing Committee to the relevant agencies or organizations
for study, handling and a responsible answer. 

Chapter II 

The Standing Committee of 

the National People’s Congress 

Article 22 The Standing Committee of the National People’s Congress shall exercise the functions and powers prescribed in the Constitution
of the People’s Republic of China. 

Article 23 The Standing Committee of the National People’s Congress shall be composed of the following personnel: 

the Chairman; 

the Vice-Chairmen; 

the Secretary-General; and  

other members. 

Members of the Standing Committee shall be elected by the National People’s Congress from among its deputies. 

A member of the Standing Committee may not hold office in the administrative, judicial or procuratorial organs of the State. If he
expects to hold such an office, he must first resign from his post in the Standing Committee. 

Article 24 The Chairman of the Standing Committee shall preside over meetings of the Standing Committee and direct its work. The
Vice-Chairmen and the Secretary-General shall assist the Chairman in his work. When entrusted by the Chairman, a Vice-Chairman may
exercise certain functions and powers of the Chairman. 

Should the Chairman of the Standing Committee be incapacitated for work for reasons of health or should his office fall vacant, the
Standing Committee shall choose one of the Vice-Chairmen to exercise the functions of the Chairman until the Chairman’s recovery
or until a new Chairman is elected by the National People’s Congress. 

Article 25 A Council of the Chairman composed of the Standing Committee’s Chairman, Vice-Chairmen and Secretary-General shall handle
the important day-to-day work of the Standing Committee, which shall consist of the following: 

(1) to decide on the time for each meeting of the Standing Committee and draft the agenda of the meeting; 

(2) to decide whether the bills, proposals and questions submitted to the Standing Committee should be referred to the relevant special
committees or submitted to a general meeting of the Standing Committee for deliberation; 

(3) to direct and coordinate the day-to-day work of the special committees; and 

   (4) to handle the other important day-to-day work of the Standing Committee. 

Article 26 The Standing Committee shall establish a Deputies Credentials Committee. 

The chairman, vice-chairmen and members of the Deputies Credentials Committee shall be nominated by the Council of the Chairman from
among the members of the Standing Committee, and the nominees shall be approved at a meeting of the Standing Committee. 

Article 27 The Standing Committee shall establish a general office which shall work under the direction of the Secretary-General. 

The Standing Committee shall install Deputy Secretaries-General, whom it shall appoint or remove upon recommendation by the Chairman
of the Standing Committee. 

Article 28 When necessary, the Standing Committee may establish working commissions. 

The chairman, vice-chairmen and members of the working commissions shall be appointed or removed by the Standing Committee upon recommendation
by its Chairman. 

Article 29 Meetings of the Standing Committee, usually held once every other month, shall be called by its Chairman.  

Article 30 When the Standing Committee is in session, the standing committees of the people’s congresses of the provinces, autonomous
regions, and municipalities directly under the Central Government may each send a chairman or vice-chairman to attend the meetings
and express their opinions. 

Article 31 The legislative bills and other bills brought before the Standing Committee for deliberation shall be adopted by a simple
majority vote of all its members. 

Article 32 The special committees of the National People’s Congress, the State Council, the Central Military Commission, the Supreme
People’s Court and the Supreme People’s Procuratorate may submit to the Standing Committee bills and proposals that fall within the
scope of its functions and powers. The Council of the Chairman shall decide whether to directly submit the bills and proposals to
a meeting of the Standing Committee for deliberation or to first refer them to the relevant special committees and after receiving
the reports on their deliberations then submit the bills and proposals to the Standing Committee for deliberation. 

Bills and proposals that fall within the scope of the functions and powers of the Standing Committee may be submitted to the Standing
Committee by ten or more members of the Standing Committee. The Council of the Chairman shall decide whether to directly submit the
bills to a meeting of the Standing Committee for deliberation or to first submit them to the relevant special committees and after
receiving the reports on their deliberations then submit the bills to the Standing Committee for deliberation. 

Article 33 During a session of the Standing Committee, a group of ten or more members of the Committee may submit to the Standing
Committee written questions addressed to the State Council and the ministries and commissions under the State Council. The Council
of the Chairman shall decide whether to refer the questions to the organs concerned for written replies or to request the heads of
those agencies to give oral replies at meetings of the Standing Committee or the relevant special committees. When replies are to
be given at meetings of the special committees, the members of the Standing Committee who submitted the questions may attend and
express their opinions. 

Article 34 During each session of the National People’s Congress, the Standing Committee must make a report on its work to the National
People’s Congress. 

Chapter III 

The Committees of the National 

People’s Congress 

Article 35 The National People’s Congress shall establish a Nationalities Committee, a Law Committee, a Finance and Economic Committee,
an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such other
special committees as may be deemed necessary by the National People’s Congress. The special committees shall be under the direction
of the National People’s Congress, and of its Standing Committee when the Congress is not in session. 

Each special committee shall be composed of a chairman, vice-chairmen and members. 

Candidates for chairman, vice-chairman or member of such special committees shall be nominated from among the deputies by the Presidium
and shall be approved by the National People’s Congress.  When the National People’s Congress is not in session, its Standing
Committee may appoint additional members to the special committees, including a vice-chairman; the Council of the Chairman shall
make nominations for these appointments, which shall be subject to approval by a meeting of the Standing Committee. 

Article 36 The chairman of each special committee shall preside over meetings of the committee and direct its work. The vice-chairmen
shall assist the chairman in his work. 

The special committees may appoint a certain number of experts as advisers, if their work so requires. The advisers may attend special
committee meetings and express their opinions. 

The advisers shall be appointed or removed by the Standing Committee of the National People’s Congress. 

Article 37 The work of the special committees shall be as follows: 

(1) to deliberate on bills and proposals received from the Presidium or the Standing Committee of the National People’s Congress; 

(2) to submit to the Presidium or the Standing Committee of the National People’s Congress bills and proposals which are related
to the special committees and which fall within the scope of functions and powers of the National People’s Congress or its Standing
Committee; 

(3) to examine and submit reports on items received from the Standing Committee of the National People’s Congress which are considered
to be in contravention of the Constitution or other laws; such items include administrative regulations, decisions and orders issued
by the State Council; orders, instructions and regulations issued by the ministries and commissions under the State Council; regulations
and resolutions issued locally by the people’s congresses of the provinces, autonomous regions, and municipalities directly under
the Central Government and their standing committees; and decisions, orders and regulations issued by the people’s governments of
the provinces, autonomous regions, and municipalities directly under the Central Government; 

(4) to examine questions referred by the Presidium or the Standing Committee of the National People’s Congress, to hear the replies
given by the organs questioned and, when necessary, to submit reports to the Presidium or the Standing Committee of the National
People’s Congress; and 

(5) to investigate and propose solutions to issues which are related to the special committees and which fall within the scope of
functions and powers of the National People’s Congress or its Standing Committee. 

The Nationalities Committee may, in addition, conduct investigations and make proposals on how to strengthen unity among the nationalities;
it shall deliberate on the regulations on autonomy and separate regulations submitted by the autonomous regions to the Standing Committee
of the National People’s Congress for approval and shall report its deliberations to the Standing Committee of the National People’s
Congress. 

The Law Committee shall deliberate on all drafted laws submitted to the National People’s Congress or its Standing Committee; other
special committees shall send to the Law Committee their comments on the drafts which concern them. 

Article 38 The National People’s Congress and its Standing Committee may appoint committees for the investigation of specific issues.
The organization and work of the committees shall be decided by the National People’s Congress or its Standing Committee. 

Chapter IV 

Deputies to the National 

People’s Congress 

Article 39 The term of office of the deputies to each National People’s Congress shall be five years, beginning with its first session
and ending with the first session of the succeeding National People’s Congress. 

Article 40 Deputies to the National People’s Congress must observe the Constitution and other laws in an exemplary way, keep State
secrets and, in the course of production, other work and the public activities in which they take part, assist in the enforcement
of the Constitution and other laws. 

Article 41 Deputies to the National People’s Congress should maintain close contact with the units that elected them and with the
people.  They may attend, without voting rights, meetings of the people’s congresses of the units that elected them, so as to
heed and convey the opinions and demands of the people and work hard to serve them. 

Article 42 While deputies to the National People’s Congress attend meetings of the Congress or perform other duties required of them
as deputies, the State shall provide them with appropriate allowances and material facilities according to their actual needs. 

Article 43 No deputy to the National People’s Congress or member of its Standing Committee may be held legally liable for his speeches
or votes at various meetings of the National People’s Congress and its Standing Committee. 

Article 44 No deputy to the National People’s Congress may be arrested or placed on criminal trial without the consent of the Presidium
of the National People’s Congress or, when the National People’s Congress is not in session, of its Standing Committee. 

If a deputy to the National People’s Congress is caught in the act and detained, the public security organ which has detained him
shall immediately report the matter to the Presidium or the Standing Committee of the National People’s Congress. 

Article 45 Deputies to the National People’s Congress shall be subject to the supervision of the units that elected them. Such units
shall have the power to recall the deputies they elect. 

The recall of a deputy from the National People’s Congress shall require a simple majority vote of all the deputies of the unit that
elected him. 

If the people’s congress of a province, autonomous region, or municipality directly under the Central Government is not in session,
its standing committee may, with the approval of a simple majority of its members, recall individual deputies elected to the National
People’s Congress by its people’s congresses. 

Deputies being recalled may attend the meetings concerning their recall or submit written appeals to the meetings. 

Resolutions to recall deputies must be reported to the Standing Committee of the National People’s Congress for the record. 

Article 46 If the office of a deputy to the National People’s Congress falls vacant for some reason, the electoral unit which elected
him shall hold by-elections to fill the vacancy. Should the office of an individual deputy to the National People’s Congress fall
vacant when the people’s congress of his province, autonomous region, or municipality directly under the Central Government is not
in session, its standing committee may hold by-elections to fill the vacancy.

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






LIST OF ARTICLES PROHIBITED FROM IMPORT AND EXPORT BY CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA

INTERIM REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON NOTARIZATION

ORGANIC LAW OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINA

Organic Law of the State Council of the People’s Republic of China

(Adopted at the Fifth Session of the Fifth National People’s Congress and promulgated for implementation by Order
No. 14 of the Chairman of the Standing Committee of the National People’s Congress on December 10, 1982) 

Article 1  This Organic Law is formulated in accordance with the provisions concerning the State Council in the Constitution
of the People’s Republic of China. 

Article 2  The State Council shall be composed of a Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries,
Ministers in charge of commissions, an Auditor-General and a Secretary-General. 

The Premier shall assume overall responsibility for the work of the State Council. The Premier shall direct the work of the State
Council. The Vice-Premiers and State Councillors shall assist the Premier in his work. 

Article 3  The State Council shall exercise the functions and powers prescribed in Article 89 of the Constitution. 

Article 4  Meetings of the State Council shall be divided into plenary meetings and executive meetings. The plenary meetings
of the State Council shall be composed of all members of the State Council. The executive meetings of the State Council shall be
composed of the Premier, the Vice-Premiers, the State Councillors and the Secretary-General. The Premier shall convene and preside
over the plenary and executive meetings of the State Council. Important issues in the work of the State Council must be discussed
and decided by an executive or plenary meeting of the State Council. 

Article 5  The Premier shall sign the decisions, orders, and administrative regulations issued by the State Council, the proposals
submitted by the State Council to the National People’s Congress or its Standing Committee, and the appointments and removals of
personnel. 

Article 6  As entrusted by the Premier, the State Councillors shall take charge of work in certain fields or of certain special
tasks and may represent the State Council in foreign affairs. 

Article 7  Under the direction of the Premier, the Secretary-General of the State Council shall be responsible for the day-to-day
work of the State Council. 

The State Council shall install a certain number of Deputy Secretaries-General, who shall assist the Secretary-General in his work. 

The State Council shall establish a general office, which shall be under the direction of the Secretary-General. 

Article 8  The establishment, dissolution or merger of ministries and commissions of the State Council shall be proposed by
the Premier and decided by the National People’s Congress or, when the Congress is not in session, by its Standing Committee. 

Article 9  Each ministry shall have a Minister and two to four Vice-Ministers. Each commission shall have a Minister, two to
four Vice-Ministers and five to ten commission members.  

The Ministers in charge of the ministries or commissions shall assume overall responsibility for the work of the ministries and commissions.
The Ministers in charge of the ministries or commissions shall direct the work of their respective departments; convene and preside
over ministerial meetings or the general and executive meetings of the commissions; sign important requests for instructions and
reports to be submitted to the State Council; and sign orders and instructions to be issued to their subordinate units. The Vice-Ministers
shall assist the Ministers in their work. 

Article 10  The ministries and commissions shall request instructions from and submit reports to the State Council concerning
principles, policies, plans and important administrative measures in their work, and the State Council shall make decisions on such
matters. The competent ministries or commissions may, within the limits of their authority and in accordance with law and the decisions
of the State Council, issue orders, instructions and rules. 

Article 11  The State Council may, according to work requirements and the principle of simplified and efficient administration,
set up a certain number of directly subordinate agencies to take charge of various specialized work and a certain number of administrative
offices to assist the Premier in handling specialized affairs. Each agency or office shall have two to five persons responsible.

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






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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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