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1988

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.






MEASURES CONCERNING SUPERVISION OF SANITATION AT BORDER PORTS

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1982-02-04 Effective Date  1982-02-04  


Measures Concerning Supervision of Sanitation at Border Ports of the People’s Republic of China

Chapter I  General Provisions
Chapter II  Sanitation Requirements at Border Ports
Chapter III  Sanitation Requirements for Means of Transport
Chapter IV  Sanitation Requirements for Food, Drinking Water and Personnel
Chapter V  The Duties of Persons in Charge of Border Ports and Means of
Chapter VI  The Responsibilities of Sanitation Supervision Authorities
Chapter VII  Rewards and Punishments
Chapter VIII  Supplementary Provision
Notes:

(Approved by the State Council on December 30, 1981 and promulgated by

the Ministry of Public Health, Ministry of Communications, General
Administration of Civil Aviation of China and the Ministry of Railways on
February 4, 1982)
Chapter I  General Provisions

    Article 1  These Measures are formulated, as required by Article 3 of the
Frontier Health and Quarantine Regulations of the People’s Republic of
China (Note (1)), to strengthen the supervision of sanitation at border ports
and aboard international means of transport, to improve their sanitary
conditions and to block up and extinguish sources of infection, cut off
channels of spreading, prevent infectious diseases from spreading into or out
of the country and protect the health of the people.

    Article 2  These measures shall apply to sea ports, airports, railway
stations and passes open to the outside world (hereinafter generally referred
to as “border ports”) and to international vessels, aircraft and vehicles
(hereinafter referred to as “means of transport”) staying in these places.
Chapter II  Sanitation Requirements at Border Ports

    Article 3  A cleaning system shall be established in border ports to
eliminate the breeding grounds of flies and mosquitos, and litter bins shall
be installed and cleaned regularly, so as to keep the environment clean and
tidy.

    Article 4  Domestic refuse in border ports shall be removed every day and
fixed refuse dumps provided for that purpose shall be regularly cleared;
domestic sewage shall not be drained off indiscriminately and shall go
through disinfecting treatment so as to prevent the environment and water
sources from contamination.

    Article 5  The departments concerned shall adopt feasible measures to
reduce the numbers of insect vectors and rodents to a harmless level in the
buildings of border ports.

    Article 6  All floors of waiting rooms in piers, airports, stations and
customs houses shall be kept neat and clean, their walls dust-free and their
windows and tables bright and clean. They shall be well ventilated and
equipped with necessary sanitation facilities.

    Article 7  A perfect sanitation system shall be established in
restaurants, cafes, canteens, dining rooms, kitchens, buffets and small shops
in border ports so as to regularly keep them clean and tidy and make their
walls, ceilings, tables and chairs clean and dust-free. The places shall be
provided with refrigeration equipment and equipment against mosquitos, flies,
mice and cockroaches and no such pests and rodents shall be found inside
these buildings.

    Article 8  Attendants shall be put in charge of the toilets and bathrooms
in border ports, cleaning them regularly and keeping them clean and tidy so as
to rid them of flies and nasty odours.

    Article 9  The warehouses, godowns and goods yards in border ports shall
be kept clean and tidy. When abnormal death of mice or rats is found,
immediate reports shall be given to health quarantine authorities or local
public health and epidemic prevention departments.

    Article 10  The water sources for border ports shall be well protected and
toilets, seepage wells, etc. which will pollute the water sources shall not be
built within a distance of 30 meters in diameter from a water source.
Chapter III  Sanitation Requirements for Means of Transport

    Article 11  Means of transport shall be equipped with first-aid medicines
and equipment as well as disinfectants, insecticides and rodenticides. If
necessary, provisional quarantine rooms shall be arranged aboard ships.

    Article 12  Provisions concerning the prevention and elimination of insect
vectors and rodents from means of transport:

    (1) ships, aircraft and trains shall be provided with adequate preventive
measures against rodents so as to eliminate them or to reduce their numbers to
a harmless level;

    (2) these means of transport shall be kept free from mosquitos, flies or
other harmful insects, which shall be eliminated upon discovery.

    Article 13  The toilets and bathrooms on means of transport shall be kept
clean, tidy and free from unpleasant odours.

    Article 14  The sanitation requirements for the disposal of excrement,
urine, refuse and sewage on means of transport are as follows:

    (1) daily refuse shall be put in containers with covers, prohibited from
being dumped indiscriminately into port areas, airports or station areas and
must be removed by means of special refuse vehicles (or vessels) to designated
places for treatment. If necessary, excrement, urine and sewage shall go
through sanitary treatment before being disposed of;

    (2) the refuse in solid form on board means of transport from epidemic
areas of plague shall be disposed of by incineration, while the excrement,
urine, ballast water and sewage on board means of transport from the epidemic
areas of cholera shall be sterilized if necessary.

    Article 15  The sanitation requirements for cargo holds, luggage cars,
postal cars and freight cars of means of transport as well as trucks are as
follows:

    (1) such insect vectors and harmful animals as mosquitos, flies,
cockroaches and mice and conditions favourable for their breeding shall be
eliminated from cargo holds, lugage cars, postal cars, freight cars and trucks
which shall be thoroughly cleaned before goods are being loaded or unloaded so
as to be free of excrement, urine and refuse;

    (2) the freight cars or trucks carrying poisonous substances and food
shall be placed separately in different designated places so as to avoid
contamination and shall be thoroughly cleaned after goods are completely
unloaded;

    (3) the luggage and goods from epidemic areas shall be carefully examined
so that no insect vectors and rodents shall subsist therein.

    Article 16  The sanitation requirements for passenger cabins, lodging
cabins and passenger cars of means of transport as well as passenger vehicles
are as follows:

    (1) passenger cabins, lodging cabins, passenger cars and other passenger
vehicles shall be cleaned whenever necessary, kept free of refuse and dust and
well ventilated;

    (2) beddings shall be replaced and washed after use each time and be free
of lice, fleas, bedbugs or other insect vectors.
Chapter IV  Sanitation Requirements for Food, Drinking Water and Personnel
Engaged in These Trades

    Article 17  The food supplied to border ports and on means of transport
shall conform to the provisions in the Regulations of People’s Republic of
China on Food Hygienic Control (Note (2)) and food hygienic standards.

    Article 18  The drinking water supplied to border ports and on means of
transport shall conform to Hygienic Standards of Drinking Water stipulated by
the state. The vehicles used in transporting drinking water as well as storage
containers and water pipelines shall be cleaned regularly and kept clean.

    Article 19  The health requirements for personnel engaged in supplying
food and drinking water are as follows:

    (1) the patients or carriers of infectious intestinal diseases or
surferers from active tuberculosis or suppurative exudative dermatosis shall
not be engaged in supplying food and drinking water;

    (2) all personnel engaged in the supply of food and drinking water shall
go through a medical check-up every year. Those newly engaged in this work
shall first have a medical check-up and those proved up to the standard shall
be granted health certificates;

    (3) the personnel engaged in the supply of food and drinking water shall
cultivate good hygenic habits, dress neatly and cleanly at work and strictly
abide by the hygienic operation system.
Chapter V  The Duties of Persons in Charge of Border Ports and Means of
Transport

    Article 20  The duties of the officers in charge of border ports and means
of transport pertaining to sanitation and hygiene are as follows:

    (1) to do a good job in keeping up to the sanitation and hygiene
standards, and be always ready for the supervision and inspection by the
sanitary supervision personnel and provide them with facilities for their work;

    (2) to play an exemplary role in abiding by these Measures and other
sanitation decrees, regulations and provisions;

    (3) to promptly adopt remedial measures to change the unsanitary
conditions of border ports and the means of transport in accordance with the
advice of the sanitation supervisors;

    (4) to report to the border health quarantine authorities or local
epidemic prevention department and immediately adopt epidemic prevention
measures when a quarantine infectious disease of a monitored one is found.
Chapter VI  The Responsibilities of Sanitation Supervision Authorities

    Article 21  The health quarantine authorities in border ports shall
exercise sanitation supervision over border ports and means of transport under
the leadership of local people’s governments. Their major responsibilities
are:

    (1) to supervise and direct the officers in charge of the departments
concerned in border ports and on means of transport in the prevention and
elimination of insect vectors and rodents;

    (2) to examine the food and drinking water on board means of transport
parked in border ports and ready to cross border in both directions and
exercise sanitation suipervision over systems of transport, supply and
storage facilities

    (3) to carry out examination, supervision and hygienic treatment of
persons who have died from causes other than accidents in border ports and on
board means of transport;

    (4) to supervise the officers in charge of the departments concerned in
border ports and means of transport in the removal and treatment of excrement,
urine, refuse and sewage;

    (5) to exercise sanitation supervision over environmental factors which
are of epidemiological significance to quarantine and monitored infectious
diseases;

    (6) to monitor the implementation of the measures to prevent mosquitoes
from breeding in the vicinity of border ports; and

    (7) to conduct hygiene publicity and education, spread hygiene knowledge
among people and heighten the consciousness of the personnel in border ports
and on means of transport to abide by and implement these Measures.

    Article 22  A border port health quarantine organ shall be provided with 1
to 5 border port sanitation supervisors to carry out the tasks of sanitation
supervision and such ports shall be concurrently held by the leading cadres
and professional personnel above the rank of quarantine doctor of the border
port health quarantine organ, who are of commendable personality and great
conscientiousness in work. Border port sanitation supervisors shall be
recommended by health quarantine authorities, screened by the public health
administration authorities of the provinces, municipalities directly under the
Central Government and autonomous regions, and appointed by the Ministry of
Public Health of the People’s Republic of China and granted Certificates of
Border Port Sanitation Supervisors.

    Article 23  On the strength of their certificates, border port sanitation
supervisors shall have the right to exercise sanitation supervision,
inspection and technical guidance over the officers in charge of border ports
and means of transport; they may in conjunction with departments concerned,
put forward proposals for improvement to the units or individuals concerned
whose sanitation work is dissatisfactory and has resulted in the spread of
infectious disease and take necessary measures to deal with them in
conjunction with the departments concerned.
Chapter VII  Rewards and Punishments

    Article 24  Border port quarantine authorities shall commend and reward
units and individuals that have made remarkable achievements in the
implementation or these Measures and the state decrees, regulations and
provisions relating to public health.

    Article 25  Border port health quarantine authorities shall, on the merit
of each case, warn or fine the units and individuals that have contravened
these Measures and the decrees, regulations and provisions relating to public
health and may submit the cases to the judicial organs for punishment
according to law.
Chapter VIII  Supplementary Provision

    Article 26  These Measures shall go into effect as of the date of
promulgation.

Notes:

    (1) The said Regulations were nullified by Frontier Health and Quarantine
Law of the People’s Republic of China adopted by the Standing Committee of the
Sixth National People’s Congress on December 2, 1986, the Measures shall be
effective. – The Editor

    (2) The said Regulations were nullified by Food Hygiene Law of the
People’s Republic of China (For Trial Implementation) adopted by the Standing
Committee of the Fifth National People’s Congress on November 19, 1982 and the
Law shall apply instead. – The Editor





PEOPLE’S CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY SABOTAGE THE ECONOMY

PROTECTION OF CULTURAL RELICS

Category  CULTURE Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  With An Amendment Existing
Date of Promulgation  1982-11-19 Effective Date  1982-11-19  


Law of the People’s Republic of China on the Protection of Cultural Relics

Contents
Chapter I  General Provisions
Chapter II  Sites to be Protected for Their Historical and Cultural Value
Chapter III  Archaeological Excavations
Chapter IV  Cultural Relics in the Collection of Cultural Institutions
Chapter V  Cultural Relics in Private Collections
Chapter VI  Taking Cultural Relics out of China
Chapter VII  Awards and Penalties
Chapter VIII  Supplementary Provisions

(Adopted at the 25th Meeting of the Standing Committee of the Fifth

National People’s Congress and promulgated by Order No. 11 of the Standing
Committee of the National People’s Congress on, and effective as of November
19, 1982) (Editor’s Note: For the revised text, see Decision of the Standing
Committee of the National People’s Congress Regarding the Revision of Article
30 and Article 31 of the Law of the People’s Republic of China on the
Protection of Cultural Relics promulgated by Order No.47 of the President of
the People’s Republic of China on June 29, 1991)
Contents

    Chapter I     General Provisions

    Chapter II    Sites to be Protected for Their Historical and Cultural
Value

    Chapter III   Archaeological Excavations

    Chapter IV    Cultural Relics in the Collection of Cultural Institutions

    Chapter V     Cultural Relics in Private Collections

    Chapter VI    Taking Cultural Relics out of China

    Chapter VII   Awards and Penalties

    Chapter VIII  Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated with a view to strengthening state
protection of cultural relics, contributing to the development of scientific
research, inheriting the splendid historical and cultural legacy of our
nation, conducting education in patriotism and in the revolutionary tradition,
and building a socialist society with an advanced culture and ideology.

    Article 2  The state shall place under its protection, within the
boundaries of the People’s Republic China, the following cultural relics of
historical, artistic or scientific value:

    (1) sites of ancient culture, ancient tombs, ancient architectural
structures, cave temples and stone carvings that are of historical, artistic
or scientific value;

    (2) buildings, memorial sites and memorial objects related to major
historical events, revolutionary movements or famous people that are highly
memorable or are of great significance for education or for the preservation
of historical data;

    (3) valuable works of art and handicraft articles dating from various
historical periods;

    (4) important revolutionary documents as well as manuscripts and ancient
or old books and materials, etc., that are of historical, artistic or
scientific value; and

    (5) typical material objects reflecting the social system, social
production or the life of various nationalities in different historical
periods.

    The criteria and measures for the verification of cultural relics shall be
formulated by the state department for cultural administration, which shall
report them to the State Council for approval.

    Fossils of paleovertebrates and paleoanthropoids of scientific value shall
be protected by the state in the same way as cultural relics.

    Article 3  The state department for cultural administration shall take
charge of the work concerning cultural relics throughout the country.

    Local people’s governments at various levels shall place under their
protection cultural relics in their respective administrative areas.
Provinces, autonomous regions, and municipalities directly under the Central
Government as well as autonomous prefectures, counties, autonomous counties
and cities where there are relatively large amounts of cultural relics may set
up organs for the protection and control of the cultural relics within their
respective administrative areas.

    All government organs, public organizations and individuals have the
obligation to protect the country’s cultural relics.

    Article 4  All cultural relics remaining underground or in the inland
waters or territorial seas within the boundaries of the People’s Republic of
China shall be owned by the state.

    Sites of ancient culture, ancient tombs and cave temples shall be owned by
the state.

    Memorial buildings, ancient architectural structures, stone carvings, etc.,
designated for protection by the state, unless governed by other state
regulations, shall be owned by the state.

    Cultural relics in the collection of state organs, armed forces,
enterprises owned by the whole people and public institutions shall be owned
by the state.

    Article 5  Ownership of memorial buildings, ancient architectural
structures and cultural relics handed down from generation to generation which
belong to collectives or individuals shall be protected by state laws. Owners
of the cultural relics must abide by the relevant state regulations governing
the protection and control of cultural relics.

    Article 6  The expenses for the protection and control of cultural relics
shall be listed in the budgets of the central and local governments.
Chapter II  Sites to be Protected for Their Historical and Cultural Value

    Article 7  Cultural relics, such as sites related to revolutionary
history, memorial buildings, sites of ancient culture, ancient tombs, ancient
architectural structures, cave temples, stone carvings, etc., shall be
designated as sites to be protected for their historical and cultural value at
different levels according to their historical, artistic or scientific value.

    Sites to be protected for their historical and cultural value at the level
of counties, autonomous counties and cities shall be approved and announced by
the people’s governments at the same level and reported to the people’s
governments of provinces, autonomous regions, or municipalities directly under
the Central Government for the record.

    Sites to be protected for their historical and cultural value at the level
of provinces, autonomous regions, and municipalities directly under the
Central Government shall be approved and announced by the people’s governments
at the same level and reported to the State Council for the record.

    The state department for cultural administration shall select, from among
the sites to be protected at different levels, those which have a significant
historical, artistic or scientific value as major sites to be protected at the
national level, or shall directly designate such sites and report them to the
State Council for approval and announcement.

    Article 8  Cities with an unusual wealth of cultural relics of high
historical value and major revolutionary significance shall be recommended to
the State Council by the state department for cultural administration together
with the department for urban and rural construction and environmental
protection to be approved and announced as famous cities of historical and
cultural value.

    Article 9  The people’s governments of provinces, autonomous regions, and
municipalities directly under the Central Government and of counties,
autonomous counties and cities shall delimit the necessary scope of
protection, put up signs and notices, and establish records and files for the
historical and cultural sites to be protected at different levels and shall,
in the light of different circumstances, establish special organs or assign
fulltime personnel to be responsible for the administration of these sites.
The scope of protection and records and files for the major sites to be
protected at the national level shall be reported by the departments for
cultural administration of the provinces, autonomous regions, and
municipalities directly under the Central Government to the state department
for cultural administration for the record.

    Article 10  When drawing up plans for urban and rural construction, the
people’s governments at various levels must see to it that protective measures
for the historical and cultural sites to be protected at different levels are
first worked out through consultation between the departments for urban and
rural planning and the departments for cultural administration and that such
measures are included in the plans.

    Article 11  No additional construction project may be undertaken within
the scope of protection for a historical and cultural site. In case of a
special need, consent must be obtained from the people’s government which made
the original announcement on the designation of such a site and from the
department for cultural administration at the next higher level. If an
additional construction project is to be undertaken within the scope of
protection for a major historical and cultural site to be protected at the
national level, consent must be obtained from the people’s government of the
relevant province, autonomous region, or municipality directly under the
Central Government and from the state department for cultural administration.

    Article 12  On the basis of the actual needs for the protection of
cultural relics and with the approval of the people’s government of a
province, an autonomous region or a municipality directly under the Central
Government, a certain area for the control of construction may be delimited
around a site to be protected for its historical and cultural value.
Construction of new buildings or other structures in such an area shall not
deform the environmental features of the historical and cultural site. The
design for construction must be agreed to by the department for cultural
administration before it is submitted to the department for urban and rural
planning for approval.

    Article 13  While choosing a construction site and designing a project, if
the project involves a site to be protected for its historical and cultural
value, the construction unit shall first work out the protective measures
jointly with the department for cultural administration of a province, an
autonomous region, or a municipality directly under the Central Government or
of a county, an autonomous county or a city, and such measures shall be
written into the planning project description.

    Any removal or dismantling involving a site to be protected for its
historical and cultural value, if considered specially necessary for a
project, shall be agreed to by the people’s government at the same level as
the site itself and by the department for cultural administration at the next
higher level. Any removal or dismantling involving a major site to be
protected at the national level shall be referred to the State Council by the
people’s government of a province, an autonomous region or a municipality
directly under the Central Government for decision. The expenses and workforce
required for the removal or dismantling shall be included in the investment
and labour plans of the construction unit.

    Article 14  The principle of keeping the cultural relics in their original
state must be adhered to in the repairs and maintenance at the sites
designated as the ones to be protected for their historical and cultural value
and in any removal involving these sites, such as sites related to
revolutionary history, memorial buildings, ancient tombs, ancient
architectural structures, cave temples, stone carvings, etc. (including
attachments to the structures).

    Article 15  If it is necessary to use a memorial building or an ancient
architectural structure owned by the state at a place designated as a site to
be protected for its historical and cultural value for purposes other than the
establishment of a museum, a cultural relics preservation institute or a
tourist site, the local department for cultural administration shall submit a
report for approval to the people’s government which originally announced the
designation of such a site. If it is necessary to use for other purposes a
major site to be protected for its historical and cultural value at the
national level, the matter shall be agreed to by the people’s government of a
province, an autonomous region, or a municipality directly under the Central
Government and shall be reported to the State Council for approval. The units
in charge of these sites as well as specially established organs, such as
museums, must strictly abide by the principle of keeping the cultural relics
in their original state, and must be responsible for the safety of the
buildings and of the affiliated cultural relics, and may not damage, rebuild,
extend or dismantle them. Units which use memorial buildings or ancient
architectural structures shall be responsible for the maintenance and repair
of these buildings or structures.
Chapter III  Archaeological Excavations

    Article 16  The procedure of submitting reports for approval must be
performed for all archaeological excavations. No unit or individual may
conduct excavations without permission. The cultural relics unearthed, except
for those to be handed over, as may be necessary to scientific research
institutions for the purpose of research, shall be taken care of by units
designated by local departments for cultural administration, and no unit or
individual may take them into its or his own possession. With a view to
ensuring the safety of the cultural relics, conducting scientific research and
making full use of cultural relics, the departments for cultural
administration of provinces, autonomous regions, and municipalities directly
under the Central Government may, when necessary, transfer and use the
cultural relics within their respective administrative areas after reporting
to and securing the approval of the people’s governments of these
administrative divisions; the state department for cultural administration
may, upon approval by the State Council, transfer and use major cultural
relics unearthed anywhere in the country.

    Article 17  To conduct archaeological excavations for the purpose of
scientific research, institutions in charge of cultural relics, institutions
for archaeological research and institutions of higher learning in the
provinces, autonomous regions, and municipalities directly under the Central
Government shall submit their excavation programmes to the state department
for cultural administration for joint examination with the Chinese Academy of
Social Sciences, and may not proceed with the excavations until they obtain
the approval of the state department for cultural administration.

    Archaeological excavation programmes which have to be carried out at the
major sites to be protected for their historical and cultural value at the
national level shall be submitted to the state department for cultural
administration for joint examination with the Chinese Academy of Social
Sciences before they are forwarded to the State Council for approval.

    Article 18  Before carrying out a large-scale capital construction
project, the construction unit shall first conduct investigation or
prospecting related to cultural relics, together with the department for
cultural administration of a province, an autonomous region or a municipality
directly under the Central Government, at places where such relics may
be buried underground within the area designated for the project. If cultural
relics are discovered in the course of investigation and prospecting, measures
for handling them should be jointly decided upon by the two parties through
consultation. In case of important discoveries, the department for cultural
administration of a province, an autonomous region or a municipality directly
under the Central Government shall submit timely reports for handling by the
state department for cultural administration.

    While carrying out capital construction or agricultural production, any
unit or individual that discovers cultural relics shall immediately report the
discoveries to the local department for cultural administration. In case of
important discoveries, the local department for cultural administration must
submit timely reports for handling by the departments for cultural
administration at higher levels.

    Article 19  With regard to archaeological excavations which have to be
carried out along with a construction project, the department for cultural
administration of a province, an autonomous region or a municipality directly
under the Central Government shall submit an excavation programme based on
prospecting to the state department for cultural administration for joint
examination with the Chinese Academy of Social Sciences and for approval by
the department. In cases where the pressing time limit for the completion of
the project or the danger of natural damage makes it truly urgent to rescue
the sites of ancient culture and ancient tombs, the department for cultural
administration of a province, an autonomous region or a municipality directly
under the Central Government may organize people to proceed with the
excavations while going through the procedures to obtain approval.

    Article 20  The expenses and workforce needed for the prospecting for
cultural relics and archaeological excavations which have to be carried out
because of capital construction or construction for productive purposes shall
be included in the investment and labour plans of the construction units or
reported to planning departments at higher levels for proper arrangement.

    Article 21  No foreign national or foreign organization may engage in
archaeological investigations or excavations within the boundaries of the
People’s Republic of China without special permission granted by the State
Council, on the basis of a report from the state department for cultural
administration.
Chapter IV  Cultural Relics in the Collection of Cultural Institutions

    Article 22  Museums, libraries and other institutions under ownership by
the whole people must classify the cultural relics in their collection by
different grades, compile files for the relics kept by themselves, establish a
strict system of control and register the relics with the relevant department
for cultural administration.

    Local departments for cultural administration at various levels shall
compile files for the cultural relics in the collection of cultural
institutions in their respective administrative areas; the state department
for cultural administration shall compile files for Grade One cultural relics
of the state.

    Article 23  Sales of cultural relics in the collection of museums,
libraries and other institutions under ownership by the whole people shall be
prohibited. Transfers and exchanges among these institutions of the cultural
relics in their collection must be reported to the departments for cultural
administration for the record; transfers and exchanges of Grade One cultural
relics in their collection must be approved by the state department for
cultural administration. No unit or individual may have cultural relics
transferred without approval.
Chapter V  Cultural Relics in Private Collections

    Article 24  Cultural relics in private collections may be purchased by
units designated by the departments for cultural administration; no other unit
or individual may engage in the business of purchasing cultural relics.

    Article 25  The resale of cultural relics in private collections at a
profit shall be strictly forbidden, and so shall be the private sale of such
relics to foreigners.

    Article 26  Banks, smelteries, paper mills and departments for the
recovery of old and waste materials shall assume responsibility, jointly with
the departments for cultural administration, for sorting out cultural relics
from among gold and silver articles and waste materials. The cultural relics
thus obtained, except for coins and other kinds of currency of past ages
which are needed by research institutes of the banks and which may be kept by
the banks, shall be turned over to and placed at the disposal of the
departments for cultural administration. The prices of the cultural relics
turned over shall be reasonably assessed.

    Important cultural relics confiscated according to law by public security
organs, the Customs and the departments for the administration of industry and
commerce shall be turned over to the departments for cultural administration.
Chapter VI  Taking Cultural Relics out of China

    Article 27  Cultural relics to be exported or to be taken out of the
country by individuals must be declared to the Customs in advance and examined
by the department for cultural administration of a province, an autonomous
region or a municipality directly under the Central Government designated by
the state department for cultural administration before export certificates
are granted. Cultural relics leaving the country must be shipped out at
designated ports. Cultural relics which, after examination, are not permitted
to leave the country may be requisitioned by the state through purchase.

    Article 28  It shall be prohibited to take out of the country any cultural
relics of significant historical, artistic or scientific value, with the
exception of those to be shipped abroad for exhibition with the approval of
the State Council.
Chapter VII  Awards and Penalties

    Article 29  The state shall give appropriate moral encouragement or
material awards to units or persons for any of the following deeds:

    (1) serious implementation of the policies, laws and regulations
concerning cultural relics and remarkable achievements in protecting cultural
relics;

    (2) resolute struggle against criminal acts, in the interest of protecting
cultural relics;

    (3) donation of important cultural relics in one’s own collection to the
state;

    (4) timely communication of information on, or delivery of, the cultural
relics discovered, which facilitates their protection;

    (5) important inventions and innovations in, or other major contributions
to, the science and techniques for the protection of cultural relics;

    (6) meritorious service in rescuing cultural relics in danger of being
destroyed; and

    (7) long-time service and outstanding achievements in the field of
cultural relics.

    Article 30  Administrative sanctions shall be applied to those who have
committed any of the following acts:

    (1) hiding cultural relics discovered underground, in inland waters, in
territorial seas or in other places and failing to report and deliver them to
the state, for which the persons involved shall be warned or fined by a public
security department and the cultural relics illegally acquired by them shall
be recovered;

    (2) buying or selling cultural relics without the approval of the
departments for cultural administration, for which the persons involved shall
be warned or fined by the departments for the administration of industry and
commerce, and their illegal earnings and the cultural relics illegally handled
by them may be confiscated; or

    (3) selling cultural relics in private collections to foreigners without
permission, for which the persons involved shall be fined by the departments
for the administration of industry and commerce, and the cultural relics in
question and the illegal earnings derived therefrom may be confiscated.

    Article 31  Persons who commit any of the following acts shall be
investigated for criminal responsibility according to law:

    (1) misappropriating or stealing cultural relics of the state;

    (2) serious cases of smuggling valuable cultural relics out of the country
or speculating in cultural relics;

    (3) wilful damage of valuable cultural relics or places of cultural and
historical interest under state protection; and

    (4) serious damage of or serious losses to valuable cultural relics caused
by the dereliction of duty on the part of state personnel.

    Those who excavate sites of ancient culture or ancient tombs without
permission are punishable for larceny.

    Those who sell valuable cultural relics in private collections to
foreigners without permission are punishable for smuggling valuable cultural
relics out of the country.

    Personnel working in the field of cultural relics who steal cultural
relics placed under their care shall be punished severely according to law.
Chapter VIII  Supplementary Provisions

    Article 32  The state department for cultural administration shall, in
accordance with this Law, formulate rules for its implementation, which shall
come into force after being submitted to and approved by the State Council.

    Measures governing the production of replicas, rubbings and photographs
of cultural relics shall be formulated by the state department for cultural
administration.

    Article 33  This Law shall come into force on the day of its promulgation.
On that same day, the Provisional Regulations on the Protection and Control of
Cultural Relics promulgated by the State Council in 1961 shall be invalidated.
This Law shall prevail in case of conflict with other existing provisions for
the protection and control of cultural relics.





IMPORT AND EXPORT ANIMAL AND PLANT QUARANTINE REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA

REGULATIONS GOVERNING SUPERVISION AND CONTROL OF VESSELS CARRYING DANGEROUS GOODS

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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