Facebook
Home China Laws 1989 Page 2

1989

REGULATIONS CONCERNING ENVIRONMENTAL PROTECTION IN OFFSHORE OIL EXPLORATION AND EXPLOITATION

Regulations of the People’s Republic of China Concerning Environmental Protection in Offshore Oil Exploration and Exploitation

     (Effective Date1983.12.29–Ineffective Date:)

   Article 1. These Regulations are formulated for the purpose of implementing the Marine Environmental Protection Law of the People’s Republic
of China so as to prevent pollution damage to the marine environment by offshore oil exploration and exploitation.

   Article 2. These Regulations shall apply to all enterprises, institutions, operators and individuals engaged in offshore oil exploration and
exploitation in the sea areas under the jurisdiction of the People’s Republic of China, as well as the fixed and mobile platforms
and other related installations they use.

   Article 3. The competent authority in charge of the environmental protection in offshore oil exploration and exploitation shall be the National
Bureau of Oceanography of the People’s Republic of China, including its agencies, which is hereinafter referred to as “the Competent
Authority”.

   Article 4. While drawing up an overall development program for an oil (gas) field, an enterprise or operator shall draw up a Marine Environmental
Impact Statement and submit it to the Ministry of Urban and Rural Construction and Environmental Protection of the People’s Republic
of China. The said Ministry shall, in conjunction with the National Bureau of Oceanography and the Ministry of Petroleum Industry,
organize an examination of the Statement and take a decision on it in accordance with the provisions concerning environmental protection
in state capital construction projects.

   Article 5. A Marine Environmental Impact Statement shall consist of the following items:

(1) The name, geographical location and size of the oil filed;

(2) The natural environment and condition of marine resources in the sea area where the oil field is located;

(3) The types, composition, quantities and methods of disposal of the wastes that need to be discharged in the course of exploiting
the oil field;

(4) An assessment of marine environmental impacts: the possible effects of offshore oil exploitation on the natural environment and
marine resoures in the surrounding sea area; their possible effects on marine fisheries, shipping and other offshore activities;
and the environmental protection measures proposed to be taken to avoid and mitigate various adverse effects;

(5) The ultimately unavoidable effects and the extent and causes thereof; and

(6) Measures to prevent major oil-pollution accidents, including, among others, the preventional organization, personnel, technical
equipment, and communication and liaison.

   Article 6. An enterprise, institution or operator shall have the ability to meet emergencies with regard to the prevention and control of oil
pollution accidents, work out emergency plans, and be provided with oil-recovery facilities as well as oil enclosure and elimination
equipment and materials commensurate with the scale of offshore oil exploration and exploitation in which it is engaged.

When chemical dispersant is provided, its trademark and composition shall be reported to Competent Authority for approval.

   Article 7. The antipollution equipment for fixed and mobile platforms shall conform to the following requirements:

(1) There shall be oil-water separators;

(2) The production platforms shall have equipment for treatment of oily water, and the oil content of the discharged water after treatment
through such equipment shall conform to the national discharge standards;

(3) There shall be monitoring devices for oil discharge;

(4) There shall be recovery facilities for residual and waste oils;

(5) There shall be garbage-smashing equipment; and

(6) The above-mentioned equipment

    





MEASURES FOR ADMINISTRATION OF REGISTRATION OF RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES

Category  ADMINISTRATION FOR INDUSTRY AND COMMERCE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1983-03-15 Effective Date  1983-03-15  


Measures for Administration of Registration of Resident Representative Offices of Foreign Enterprises



(Approved by the State Council on March 5, 1983, promulgated by the State

Administration for Industry and Commerce on March 15, 1983)

    Article 1  In accordance with the Interim Provisions of the State Council
of the People’s Republic of China Concerning the Control of Resident Offices
of Foreign Enterprises in China (hereinafter referred to as “the Interim
Provisions”), these Measures are formulated to carry out the registration
administration of resident offices in China of foreign enterprises and other
economic organizations and to enable them to conduct their legitimate business
activities.

    Article 2   Resident offices of foreign enterprises in China and other
economic organizations (hereinafter referred to as “resident offices of foreign
enterprises”), which have been approved in accordance with Article 4 of the
Interim Provisions, shall go through the registration procedures prescribed in
these Measures.

    Article 3  Resident offices of foreign enterprises shall be understood as
those engaging in non-direct-profit-making operations. But, for those provided
for in the agreements between the Chinese government and the governments of
their countries of origin, they shall be dealt with accordingly.

    Article 4  The State Administration for Industry and Commerce of the
People’s Republic of China is the organ for the registration of resident
offices of foreign enterprises. It shall empower the administrative departments
for industry and commerce in the provinces, autonomous regions and the
municipalities directly under the Central Government to handle the
registration procedures.

    Article 5  The main items to be registered for the resident office of a
foreign enterprise are: name the office, address of residence, number of
representatives and their names, business scope and period of residence.

    Article 6  Foreign enterprises and other economic organizations shall go
through the prescribed registration procedures at the administrative
departments for industry and commerce in the provinces, autonomous regions and
the municipalities directly under the Central Government where the said
offices are to be located within 30 days from the date when their applications
for setting up resident offices within the territory of the People’s Republic
of China are approved by the approving authorities.

    Article 7  A foreign enterprise or an economic organization shall submit
the following documents in applying for the registration of a resident office:

    1. the approval document issued by the approving authorities of the
People’s Republic of China;

    2. the documents and data as listed in Article 3 of the Interim Provisions.

    Article 8  If the documents submitted by a foreign enterprise or an
economic organization for registration are established as conforming to these
Measures through examination, the registration office shall grant permission
to register and issue a certificate of registration and certificates for the
representatives after the registration fee is paid.

    The resident office of a foreign enterprise shall, on the strength of
the document of approval, certificate of registration and certificates for
the representatives, register with the public security organ, banks and the
Customs and tax authorities and other departments for residence permits and
other related matters.

    Article 9  The resident office of a foreign enterprise is deemed as
formally established from the date of its registration and the legitimate
activities of the said office and its representatives shall therefrom be
protected by the laws of the People’s Republic of China.

    A resident office that has not been approved and registered shall not
proceed with its business activities.

    Article 10  In engaging the service of Chinese personnel, the resident
office of a foreign enterprise must follow the provisions prescribed in
Article 11 of the Interim Provisions and promptly report this to the
registration authorities for the record.

    Article 11  The registration certificate for the resident office of a
foreign enterprise is valid for a period of one year. The said office must,
upon the end of the period, renew the aforesaid document if it wishes to
continue its residence.

    To renew its registration, the resident office of a foreign enterprise
must, within 30 days before the date of the expiry of its certificate of
registration, submit to the registration authorities an annual report of its
business operations (in Chinese) and an application for renewal. In case
where the term of residence approved for a resident office expires, the
document of approval for renewal issued by the same authorities must also be
submitted at the time of renewing the registration and a form for renewal
shall be filled out. After examination by the registration office, the
original certificate shall be turned in and a new certificate of registration
shall be issued.

    Article 12  When the resident office of a foreign enterprise wishes to
make alterations with regard to the name of the office, the number of
representatives and their names, the scope of business and the address of the
resident office, an application for alterations shall be filed with the
registration office together with the document of approval issued by the
approving authorities before going through the prescribed procedure for
alterations.

    Where there is a change of representatives, a power of attorney issued by
the foreign enterprise or economic organization shall be submitted together
with the resumes of the new representatives.

    Article 13  If the resident office of a foreign enterprise desires to
terminate its business operations upon or before the expiration of the term of
residence, or the enterprise represented by the office declares bankruptcy, it
shall go through the deregistration procedure at the registration office. In
going through the deregistration procedure, documents issued by the tax
authorities, banks and Customs to certify the clearing up of taxes,
liabilities and other related matters shall be produced before approval is
granted for the deregistration and the cancellation of the certificate of
registration.

    Should the said office leave any matter unsettled, the foreign enterprise
or economic organization, the office represents shall be held responsible for
the settlement of that matter.

    Article 14  The State Administration for Industry and Commerce of the
People’s Republic of China and the administrative departments for industry and
commerce in the provinces, autonomous regions and the municipalities directly
under the Central Government are enpost_titled to supervise and check on the
business activities of the resident offices of foreign enterprises in
accordance with the stipulations in these Measures.

    In carrying out the check-up and supervision, the staff members of the
said departments shall present identification cards specially issued for that
purpose. The resident offices must report honestly and provide such information
and data as required. Refusal to report or holding back information shall not
be allowed.

    Article 15  Any of the following violations of the provisions in these
Measures shall be punished by the State Administration for Industry and
Commerce according to the seriousness of the case:

    1. The resident office of a foreign enterprise proven to have engaged in
direct profit-making operations in violation of the provisions of Article 3 of
these Measures shall be ordered to stop its business operations and be punished
concurrently with a fine of 20,000 yuan (RMB) or less.

    2. The resident office of a foreign enterprise proven to have altered any
item registered without going through the required procedure or failed to
deregister When it ought to shall be given a notice of warning which is to be
circulated. For more serious cases, a fine of up to 5,000 yuan (RMB) or less
shall be imposed or even the registration certificate be revoked.

    When the resident office of a foreign enterprise is found to have engaged
in speculation, frauds and other unlawful activities, all the proceeds and
properties thus obtained shall be confiscated in addition to a fine or even
the revocation of the registration certificate on the merit of the case. Cases
that violate the Criminal Low the People’s Republic of China shall be dealt
with by the judicial organs according to law.

    Article 16  A foreign enterprise or other economic organizations engaging,
without authorization, in business operations only allowed for resident
offices shall be ordered to stop such activities and a fine of 10,000 yuan
(RMB) or less shall be imposed in addition.

    Article 17  These Measures also apply to foreign enterprises and other
economic organizations applying for accrediting their resident representatives
within the boundaries of the People’s Republic of China.

    Article 18  Companies and other enterprises run by overseas Chinese or by
compatriots from Hong Kong and Macao, when applying for the establishment of
resident offices, shall go through registration procedures with reference to
these Measures so as to obtain registration certificates for the resident
offices of overseas Chinese enterprises and enterprises in Hong Kong and Macao.

    Article 19  Chinese-foreign equity joint ventures operating outside
China which have been approved to establish resident offices in China shall
also go through registration procedures with reference to these Measures.

    Article 20  These Measures shall go into effect as of March 15, 1983.





INTERIM PROVISIONS OF THE MINISTRY OF FINANCE CONCERNING THE REDUCTION AND EXEMPTION OF INCOME TAX ON ROYALTIES FOR PROPRIETARY TECHNOLOGY

ORGANIC LAW OF THE PEOPLE’S PROCURATORATES OF THE PEOPLE’S REPUBLIC OF CHINA

Organic Law of the People’s Procuratorates of the People’s Republic of China

(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, promulgated by Order No.4
of the Chairman of the Standing Committee of the National People’s Congress on July 5, 1979 and effective as of January 1, 1980;
amened according to the Decision on the Revision of the Organic Law of the People’s Procuratorates of the People’s Republic of China
adopted at the Second Meeting of the Standing Committee of the Sixth National People’s Congress on September 2, 1983) 

Contents 

Chapter I   General Provisions 

Chapter II  Procedures for People’s Procuratorates in Exercising Their Functions and Powers 

Chapter III The Organizational Structure and the Appointment and Removal of Personnel of People’s Procuratorates  

Chapter I 

General Provisions 

Article 1  The people’s procuratorates of the People’s Republic of China are state organs for legal supervision.  

Article 2  The People’s Republic of China shall establish the Supreme People’s Procuratorate, the people’s procuratorates at
various local levels, military procuratorates and other special people’s procuratorates. (Amended on September 2, 1983)  

The people’s procuratorates at various local levels shall be divided into:  

(1) people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government;  

(2) branches of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government,
and people’s procuratorates of autonomous prefectures and of cities directly under the provincial governments; and  

(3) people’s procuratorates of counties, cities, autonomous counties and municipal districts.  

People’s procuratorates at the provincial or county level may, according to work requirements and upon the approval of the standing
committee of the people’s congress at the corresponding level, set up people’s procuratorates as their agencies in industrial and
mining areas, agricultural reclamation areas, forest zones, etc. (A paragraph is deleted here on September 2, 1983)  

The establishment, organization and functions and powers of special people’s procuratorates shall be stipulated separately by the
Standing Committee of the National People’s Congress.  

Article 3  People’s procuratorates at all levels shall each have a chief procurator, a number of deputy chief procurators and
procurators. The chief procurator exercises unified leadership over the work of the procuratorates.  

___________________________ 

The leading officials of the Supreme People’s Procuratorate are the Procurator-General and Deputy Procurators-General. -Trans. 

 

People’s procuratorates at all levels shall each set up a procuratorial committee. The procuratorial committee shall apply the system
of democratic centralism and, under the direction of the chief procurator, hold discussions and make decisions on important cases
and other major issues. In the case of the chief procurator disagreeing with the majority’s opinion over a decision on an important
issue, the matter may be reported to the standing committee of the people’s congress at the corresponding level for final decision.
 

Article 4  The people’s procuratorates shall, through exercising their procuratorial authority, suppress all treasonous activities,
all activities to dismember the State and other counterrevolutionary activities, and strike at counterrevolutionaries and other criminals,
so as to safeguard the unification of the country, the system of proletarian dictatorship and the socialist legal system; to maintain
public order and order in production, education, scientific research and other work, and in the life of the people; to protect the
socialist property owned by the whole people and by the collectives of the working masses, and the private property lawfully owned
by citizens; to protect the citizens’ rights of the person and their democratic and other rights; and to ensure the smooth progress
of the socialist modernization.  

The people’s procuratorates, through procuratorial activities, educate the citizens to be loyal to their socialist motherland, to
consciously observe the Constitution and other laws and to actively fight against illegal activities.  

Article 5  People’s procuratorates at all levels shall exercise the following functions and powers:  

(1) to exercise procuratorial authority over cases of treason, cases involving acts to dismember the State and other major criminal
cases severely impeding the unified enforcement of State policies, laws, decrees and administrative orders;  

(2) to conduct investigations on criminal cases directly handled by themselves;  

(3) to review cases investigated by public security organs and determine whether to approve arrest, to prosecute or to exempt from
prosecution; and to exercise supervision over the investigatory activities of public security organs, to determine whether they conform
to law;  

(4) to initiate public prosecutions on criminal cases and support such prosecutions; and to exercise supervision over the judicial
activities of people’s courts, to determine whether they conform to law; and  

(5) to exercise supervision over the execution of judgments and orders in criminal cases and over the activities of prisons, detention
houses and organs in charge of reform through labour, to determine whether such execution and activities conform to law.  

Article 6  People’s procuratorates shall, in accordance with law, protect the citizens’ right to lodge complaints against State
functionaries who break law and shall investigate the legal responsibility of those persons who infringe upon other citizens’ right
of the person, and their democratic and other rights.  

Article 7  People’s procuratorates must, in executing their work, persistently seek truth from facts, follow the mass line,
heed the opinions of the masses and subject themselves to the supervision by the masses; make investigation and study, laying stress
on evidence rather than readily giving credence to oral statements, and strictly forbidding the obtainment of confessions by compulsion;
and correctly differentiate and handle contradictions between the enemy and the people, and those among the people themselves.  

The functionaries of the people’s procuratorates at all levels must pay high regard to actual facts and law, be faithful to the socialist
cause and serve the people wholeheartedly.  

Article 8  In the exercise of procuratorial authority by people’s procuratorates at all levels, the law shall be applied equally
to all citizens, and no privileges shall be allowed.  

Article 9  The people’s procuratorates shall exercise procuratorial authority independently, in accordance with the provisions
of law, and shall not be subject to interference by any administrative organ, public organization or individual.  

Article 10  The Supreme People’s Procuratorate shall be responsible and report on its work to the National People’s Congress
and its Standing Committee. The people’s procuratorates at various local levels shall be responsible and report on their work to
the people’s congresses and their standing committees at corresponding levels.  

The Supreme People’s Procuratorate shall direct the work of the people’s procuratorates at various local levels and of the special
people’s procuratorates; the people’s procuratorates at higher levels shall direct the work of those at lower levels.  

Chapter II 

Procedures for People’s Procuratorates in Exercising Their Functions and Powers 

Article 11  If a people’s procuratorate finds and confirms that a criminal act has been committed, it shall place the case on
file for investigation in accordance with the procedure provided by law, or transfer it to a public security organ for investigation.
If, upon conclusion of the investigation, the people’s procuratorate deems it necessary to investigate criminal responsibility, it
shall initiate a public prosecution in the people’s court, or it shall rescind the case, if it deems it unnecessary to investigate
criminal responsibility.  

Article 12  The arrest of any citizen, unless decided on by a people’s court, must be subject to the approval of a people’s
procuratorate.  

Article 13  A people’s procuratorate shall review the cases for which a public security organ requests prosecution and decide
whether to initiate public prosecution, to exempt from prosecution or not to initiate prosecution. It may remand a case to the public
security organ for supplementary investigation, if the main facts of the crime are not clear or the evidence is insufficient.  

If a people’s procuratorate discovers violations of law in the investigatory activities of a public security organ, it shall instruct
that public security organ to rectify them.  

Article 14  If a public security organ considers that there is an error in a decision of a people’s procuratorate to disapprove
arrest, not to initiate prosecution or to grant exemption from prosecution on the cases transferred by it to the people’s procuratorate,
it may request reconsideration by the people’s procuratorate, and may also request review by the people’s procuratorate at the next
higher level. The higher-level people’s procuratorate shall make a timely decision and instruct the lower-level people’s procuratorate
and the public security organ to execute it.  

Article 15  In legal proceedings instituted by a people’s procuratorate, the chief procurator or a procurator shall attend the
court session, in the capacity of State prosecutor, to support the prosecution and exercise supervision over the court proceedings,
and to determine whether they conform to law.  

Article 16  If a people’s court considers that the main facts of a crime are not clear or the evidence is insufficient or there
are violations of law in a case in which the people’s procuratorate has initiated prosecution, it may remand the case to the people’s
procuratorate for supplementary investigation or notify it to make corrections.  

Article 17  If a local people’s procuratorate discovers any error in a judgment or order of a people’s court at the corresponding
level in a case of first instance, it shall lodge a protest in accordance with the procedure of appeal.  

Article 18  If the Supreme People’s Procuratorate discovers some definite error in a legally effective judgment or order of
a people’s court at any level, or if a people’s procuratorate at a higher level discovers some definite error in a legally effective
judgment or order of a people’s court at a lower level, it shall lodge a protest in accordance with procedures of judicial supervision.
 

People’s procuratorates must send personnel to appear in court when cases are heard, in accordance with procedures of judicial supervision.
 

Article 19  If the people’s procuratorates discover violations of law in the execution of judgments or orders in criminal cases,
they shall notify the executing organs to correct them.  

If the people’s procuratorates discover violations of law in the activities of prisons, detention houses or organs in charge of reform
through labour, they shall notify the organs responsible to correct them.  

 

Chapter III 

The Organizational Structure and the Appointment and Removal of Personnel of People’s Procuratorates 

Article 20  The Supreme People’s Procuratorate shall establish a number of procuratorial departments and other professional
agencies as needed. The people’s procuratorates at various local levels may respectively establish corresponding procuratorial divisions,
sections and other professional agencies. (Amended on September 2, 1983)  

Article 21  The Procurator-General of the Supreme People’s Procuratorate shall be elected and removed by the National People’s
Congress.  

The Deputy Procurators-General, members of the procuratorial committee and procurators of the Supreme People’s Procuratorate shall
be appointed and removed by the Standing Committee of the National People’s Congress upon the recommendation of the Procurator-General
of the Supreme People’s Procuratorate.  

Article 22  The chief procurators of the people’s procuratorates of provinces, autonomous regions, and municipalities directly
under the Central Government and their branches shall be elected and removed by the people’s congresses of provinces, autonomous
regions, and municipalities directly under the Central Government; the deputy chief procurators, members of procuratorial committees
and procurators shall be appointed and removed by the standing committees of the people’s congresses at corresponding levels upon
the recommendation of the chief procurators of the provinces, autonomous regions, and municipalities directly under the Central Government.
 

The appointment and removal of the chief procurators of the people’s procuratorates of provinces, autonomous regions, and municipalities
directly under the Central Government shall be reported to the Procurator-General of the Supreme People’s Procuratorate for submission
to the Standing Committee of the National People’s Congress for approval. (Amended on September 2, 1983)  

Article 23  The chief procurators of people’s procuratorates of autonomous prefectures, cities directly under the provincial
governments, counties, cities and municipal districts shall be elected and removed by the people’s congresses at corresponding levels;
the deputy chief procurators, members of procuratorial committees and procurators shall be appointed and removed by the standing
committees of the people’s congresses at corresponding levels upon the recommendation of the chief procurators.  

The appointment and removal of the chief procurators of the people’s procuratorates of autonomous prefectures, cities directly under
the provincial governments, counties, cities and municipal districts shall be reported to the chief procurators of the people’s procuratorates
at the next higher level for submission to the standing committee of the people’s congress at the corresponding level for approval.
(Amended on September 2, 1983)  

Article 24  The chief procurators, deputy chief procurators, members of procuratorial committees and procurators of people’s
procuratorates set up in industrial and mining areas, agricultural reclamation areas and forest zones by people’s procuratorates
at the provincial or county level shall be appointed and removed by the standing committee of the people’s congress at the corresponding
level upon the recommendation of the chief procurators of the dispatching people’s procuratorates.  

Article 25  The term of office of the chief procurators of people’s procuratorates at all levels shall be the same as that of
the people’s congresses at corresponding levels.  

Article 26  The Standing Committee of the National People’s Congress and the standing committees of the people’s congresses
of provinces, autonomous regions, and municipalities directly under the Central Government may, upon proposals put forward by the
Procurator-General and chief procurators of people’s procuratorates at the corresponding level, replace the chief procurators, deputy
chief procurators and members of the procuratorial committees of people’s procuratorates at lower levels.  

Article 27  People’s procuratorates at all levels shall have a number of assistant procurators and clerks. With the approval
of the chief procurator, an assistant procurator may act in the function of a procurator. The clerks shall be responsible for keeping
case records and other related matters.  

The assistant procurators and clerks shall be appointed and removed by the chief procurators of people’s procuratorates at all levels.
 

People’s procuratorates at all levels may install judicial police as needed.  

Article 28  The organizational structure and staff size of the people’s procuratorates at all levels shall be stipulated separately
by the Supreme People’s Procuratorate.

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






PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS FOR THE DIRECT ELECTION OF DEPUTIES TO PEOPLE’S CONGRESSES AT OR BELOW THE COUNTY LEVEL

Provisions of the Standing Committee of the National People’s Congress for the Direct Election of Deputies to People’s Congresses
at or Below the County Level

     (Effective Date:1983.03.05–Ineffective Date:)

PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS FOR THE DIRECT ELECTION OF DEPUTIES TO PEOPLE’S CONGRESSES
AT OR BELOW THE COUNTY LEVEL

(Adopted at the 26th Meeting of the Standing Committee of the Fifth National People’s Congress on March 5, 1983)

To facilitate the implementation of the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s
Republic of China, the following provisions are made with respect to certain questions concerning the direct election of deputies
to local people’s congresses at or below the county level:

1. An election committee shall be established in every county, autonomous county, city not divided into districts, municipal district,
township, nationality township and town. Members of the election committee in a county, an autonomous county, a city not divided
into districts or a municipal district shall be appointed by the standing committee of the people’s congress at the corresponding
level. Members of the election committee in a township, a minority nationality township or a town shall be appointed by the standing
committee of the people’s congress of a county, an autonomous county, a city not divided into districts or a municipal district.

An election committee establishes an office to handle specific matters related to the election.

2. The functions and powers of an election committee shall be:

(1) assume responsibility for the election of deputies to the people’s congress at the corresponding level;

(2) conduct the registration of voters, examine the voters’ qualifications and publish the name list of voters; handle and decide
on petitions concerning the name list of voters;

(3) divide electoral districts for the election of deputies to the people’s congress at the corresponding level and allocate the number
of deputies to be elected in each electoral district;

(4) decide on and publish the official list of candidates for deputies on the basis of the opinions of the majority of voters;

(5) fix the date for the election;

(6) determine the validity or invalidity of the election results and publish the names of the deputies elected.

The election committee in a county, autonomous county, city not divided into districts or municipal district directs the work of the
election committees of the townships, nationality townships and towns.

3. Mentally ill persons unable to exercise their voting rights shall not do so after confirmation of their cases by an election committee.

4. Upon decision by a people’s procuratorate or a people’s court, people who are held in custody for involvement in counterrevolutionary
cases or in other serious criminal cases and who are subject to investigation, prosecution or trial shall be suspended from exercising
their voting rights as long as they are in custody.

5. The following persons shall be allowed to exercise their voting rights:

(1) those who are sentenced to fixed-term imprisonment, who are undergoing criminal detention or who are under public surveillance
without the additional penalty of deprivation of political rights;

(2) those who are being held in custody and who are subject to investigation, prosecution or trial without having been suspended from
exercising their voting rights by decision of a people’s procuratorate or a people’s court;

(3) those who are awaiting trials on bail or subject to residential surveillance;

(4) those who are undergoing rehabilitation through labour; and

(5) those who are being punished by detention.

The above-mentioned persons may participate in the elections at movable ballot boxes or entrust their relatives who have voting rights
or other voters to vote on their behalf as may be decided jointly by the election committee and the institutions effecting the imprisonment,
custody, detention or rehabilitation through labour. Those who are sentenced to criminal detention, who are being punished by detention
or who are undergoing rehabilitation through labour may also go back to their original electoral districts to participate in the
elections on the election day.

6. If the people’s government of a county or an autonomous county is seated in a city, workers and staff members of its affiliated
government agencies, people’s organizations, enterprises and institutions may participate in the election of deputies to the people’s
congress of the county or autonomous county, and not in the election of deputies to the people’s congress of a city or a municipal
district.

7. The workers and staff members of enterprises and institutions which are located in a township, a nationality township or a town
but are not affiliated to a government below the county level may participate only in the election of deputies to the people’s congress
at the county level, and not in the election of deputies to the people’s congress of the township, the nationality township or the
town.

8. The size of an electoral district shall be determined according to the principle that one to three deputies may be elected from
each electoral district.

9. With the permission of the election committee of their residential areas, voters who are temporarily doing manual or other work
or are living in other places and who cannot go back to their electoral districts to vote may write a statement and entrust their
relatives who have voting rights or other voters to vote on their behalf in their respective electoral districts.

Voters who have actually moved out to live in other places but who have not changed their permanent residence registration accordingly
may take part in the election in the electoral districts of their present places of residence after obtaining a certificate of their
qualifications as voters in their original electoral districts.

10. The number of candidates for deputies recommended by any voter (seconded by three or more voters) shall not exceed the number
of deputies to be elected from the electoral district.

All candidates for deputies as recommended by voters or political parties or people’s organizations shall be included in the list
of candidates for deputies, and the election committees may not replace or delete any of the names or add more names.

Candidates for deputies determined through pre-elections shall be listed officially in order of the numbers of votes they have received.

    





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY ENDANGER PUBLIC SECURITY

ORGANIC LAW OF THE PEOPLE’S PROCURATORATES

Category  STATE INSTITUTIONS Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1983-09-02 Effective Date  1983-09-02  


Organic Law of the People’s Procuratorates of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Procedures for People’s Procuratorates in Exercising Their
Chapter III  The Organizational Structure and the Appointment and Removal

(Adopted at the Second Session of the Fifth National people’s Congress

on July 1, 1979, and amended according to the Decision on the Revision of the
Organic Law of the People’s Procuratorates of the People’s Republic of China
adopted at the Second Meeting Committee of the Sixth National People’s
Congress on September 2, 1983)
Contents

    Chapter I    General Provisions

    Chapter II   Procedures for People’s Procuratorates in Exercising Their

                 Functions and Powers

    Chapter III  The Organizational Structure and the Appointment and Removal

                 of Personnel of People’s Procuratorates

Chapter I  General Provisions

    Article 1  The people’s procuratorates of the People’s Republic of China
are state organs for legal supervision.

    Article 2  The People’s Republic of China shall establish the Supreme
People’s Procuratorate, the people’s procuratorates at various local levels,
military procuratorates and other special people’s procuratorates. (Amended
on September 2 ,1983)

    The people’s procuratorates at various local levels shall be divided into:

    (1) people’s pzocucatorates of provinces, autonomous regions, and
municipalities directly under the Central Government;

    (2) branches of the people’s procuratorates of provinces, autonomous
regions, and municipalities directly under the Central Government, and
people’s procuratorates of autonomous prefectures and cities directly under
the provincial governments; and

    (3) people’s procuratorates of counties, cities, autonomous counties and
municipal districts.

    People’s procuratorates at the provincial or county level may, according
to work requirements and upon the approval of the standing committee of the
people’s congress at the corresponding level, set up people’s procuratorates
as their agencies in industrial and mining areas, agricultural reclamation
areas, forest zones, etc. (A paragraph was deleted here on September 2, 1983)

    The establishment, organization, functions and powers of special people’s
procuratorates shall be stipulated separately by the Standing Committee of the
National People’s Congress.

    Article 3  People’s procuratorates at all levels shall each have a chief
procurator, a number of deputy chief procurators* and procurators. The chief
procurator exercises unified leadership over the work of the procuratorates.

    People’s procuratorates at all levels shall each set up a procuratorial
committee. The procuratorial committee shall apply the system of democratic
centralism and, under the direction of the chief procurator, hold discussions
and make decisions on important cases and other major issues. In the case of
the chief procurator disagreeing with the majority’s opinion over a decision
on an important issue, the matter may be reported to the standing committee of
the people’s congress at the corresponding level for final decision.

    Article 4  The people’s procuratorates shall, through exercising their
procuratorial authority, suppress all treasonous activities, all activities to
dismember the state and other counterrevolutionary activities, and strike at
counterrevolutionaries and other criminals, so as to safeguard the unification
of the country, the system of proletarian dictatorship and the socialist legal
system; to maintain public order and order in production, education,
scientific research and other work, and in the life of the people; to protect
socialist property owned by the whole people and by the collectives of the
working masses, and the private property lawfully owned by citizens; to
protect the citizens’ rights of the person and their democratic and other
rights; and to ensure the smooth progress of socialist modernization.

    The people’s procuratorates, through procuratorial activities, educate the
citizens to be loyal to their socialist motherland, to consciously observe the
Constitution and the laws and to actively fight against illegal activities.

    Article 5  People’s procuratorates at all levels shall exercise the
following functions and powers:

    (1) exercise procuratorial authority over cases of treason, cases
involving acts to dismember the state and other major criminal cases severely
impeding the unified enforcement of state policies, laws, decrees and
administrative orders;

    (2) conduct investigations of criminal cases handled directly by
themselves;

    (3) review cases investigated by public security organs and determine
whether to approve arrest, to prosecute or to exempt from prosecution;
exercise supervision over the investigatory activities of public security
organs to determine whether they conform to the law;

    (4) initiate public prosecutions of criminal cases and support such
prosecutions; exercise supervision over the judicial activities of people’s
courts to determine whether they conform to the law; and

    (5) exercise supervision over the execution of judgments and organs in
criminal cases and over the activities of prisons, detention houses and organs
in charge of reform through labour to determine whether such execution
and activities conform to the law.

    Article 6  People’s procuratorates shall, in accordance with the law,
protect citizens’ rights to lodge complaints against state functionaries who
break the law and shall investigate the legal responsibility of those persons
who infringe upon other citizens’ rights of the person and their democratic
and other rights.

    Article 7  People’s procuratorates must, in executing their work,
persistently seek truth from facts, follow the mass line, heed the opinions of the masses and subject themselves to supervision by
the masses; investigate
and study, laying stress on evidence rather than readily giving credence to
oral statements and strictly forbidding the obtainment of confessions by
compulsion; and correctly differentiate and handle contradictions between the
enemy and the people, and those among the people themselves.

    The functionaries of the people’s procuratorates at all levels must pay
high regard to actual facts and the law, be faithful to the socialist cause
and serve the people wholeheartedly.

    Article 8  In the exercise of procuratorial authority by people’s
procuratorates at all levels, the law shall be applied equally to all
citizens, and no privileges shall be allowed .

    Article 9  The people’s procuratorates shall exercise procuratorial
authority independently, in accordance with the provisions of the law, and
shall not be subject to interference by any administrative organ, public
organization or individual.

    Article 10  The Supreme People’s Procuratorate shall be responsible to and
report on its work to the National People’s Congress and its Standing
Committee. The people’s procuratorates at various local levels shall be
responsible to and report on their work to the people’s congresses and their
standing committees at corresponding levels.

    The Supreme People’s Procuratorate shall direct the work of the people’s
procuratorates at various local levels and of the special people’s
procuratorates; the people’s procuratorates at higher levels shall direct the
work of those at lower levels.
Chapter II  Procedures for People’s Procuratorates in Exercising Their
Functions and Powers

    Article 11  lf a people’s procuratorate finds and confirms that a criminal
act has been committed, it shall place the case on file for investigation in
accordance with the procedure provided by law, or transfer it to a public
security organ for investigation. If, upon conclusion of the investigation,
the people’s procuratorate deems it necessary to investigate criminal
responsibility, it shall initiate a public prosecution in the people’s court,
or it shall rescind the case, if it deems it unnecessary to investigate
criminal responsibility.

    Article 12  The arrest of any citizen, unless decided on by a people’s
court, must be subject to the approval of a people’s procuratorate.

    Article 13  A people’s procuratorate shall review the cases for which a
public security organ requests prosecution and decide whether to initiate
public prosecution, to exempt from prosecution or not to initiate
prosecution. It may remand a case to the public security organ for
supplementary investigation if the main facts of the crime are not clear or
the evidence is insufficient.

    If a people’s procuratorate discovers violations of the law in the
investigatory activities of a public security organ, it shall instruct that
public security organ to rectify them.

    Article 14  If a public security organ considers that there is an error in
a decision of a people’s procuratorate to disapprove arrest, not to initiate
prosecution or to grant exemption from prosecution in the cases transferred by
it to the people’s procuratorate, it may request reconsideration by the
people’s procuratorate, and may also request review by the people’s
procuratorate at the next higher level. The higher-level people’s
procuratorate shall make a timely decision and instruct the lower-Level
people’s procuratorate and the public security organ to execute it.

    Article 15  ln legal proceedings instituted by a people’s procuratorate,
the chief procurator or a procurator shall attend the court session, in the
capacity of state prosecutor, to support the prosecution and exercise
supervision over the court proceedings, and to determine whether they Conform
to the law.

    Article 16  lf a people’s court considers that the main facts of a crime
are not clear or the evidence is insufficient or there are violations of the
law in a case in which the people’s procuratorate has initiated prosecution,
it may remand the case to the people’s procuratorate for supplementary
investigation or notify it to make corrections.

    Article 17  lf a local people’s procuratorate discovers any error in a
jjudgment or order of a people’s court at the corresponding level in a case
of first instance, it shall lodge a protest in accordance with the procedure
of appeal.

    Article 18  lf the Supreme People’s Procuratorate discovers some definite
error in a legally effective judgment or order of a people’s court at any
level, or if a people’s procuratorate at a higher level discovers some
definite error in a legally effective judgment or order of a people’s court at
a lower level, it shall lodge a protest in accordance with procedures of
judicial supervision.

    People’s procuratorates must send personnel to appear in court when cases
are heard, in accordance with procedures of judicial supervision.

    Article 19  lf the people’s procuratorates discover violations of the law
in the execution of judgments or orders in criminal cases, they shall notify
the executing organs to correct them.

    lf the people’s procuratorates discover violations of the law in the
activities of prisons, detention houses or organs in charge of reform through
labour, they shall notify the organs responsible to correct them.
Chapter III  The Organizational Structure and the Appointment and Removal
of Personnel of People’s Procuratorates

    Article 20  The Supreme People’s Procuratorate shall establish a number of
procuratorial departments and other professional agencies as needed. The
people’s procuratorates at various local levels may respectively establish
corresponding procuratorial divisions, sections and other professional
agencies. (Amended on September 2, 1983)

    Article 21  The Procurator-General of the Supreme People’s Procuratorate
shall be elected and removed by the National People’s Congress.

    The Deputy Procurators-General, members of the procuratorial committee and
procurators of the Supreme People’s Procuratorate shall be appointed and
removed by the Standing Committee of the National People’s Congress upon the
recommendation of the Procurator-General of the Supreme people’s
Procuratorate.

    Article 22  The chief procurators of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under
the Central
Government and their branches shall be elected and removed by the people’s
congresses of provinces, autonomous regions, and municipalities directly under
the Central Government; the deputy chief procurators, members of procuratorial
committees and procurators shall be appointed and removed by the standing
committees of the people’s congresses at corresponding levels upon the
recommendation of the chief procurators of the provinces, autonomous regions,
and municipalities directly under the Central Government.

    The appointment and removal of the chief procurators of the people’s
procuratorates of provinces, autonomous regions, and municipalities directly
under the Central Government shall be reported to the Procurator-General of
the Supreme People’s Procuratorate for submission to the Standing Committee of
the National People’s Congress for approval. (Amended on September 2, 1983)

    Article 23  The chief procurators of people’s procuratorates of autonomous
prefectures, cities directly under the provincial governments, counties,
cities and municipal districts shall be elected and removed by the people’s
congresses at corresponding levels; the deputy chief procurators, members of
procuratorial committees and procurators shall be appointed and removed by the
standing committees of the people’s congresses at corresponding levels upon
the recommendation of the chief procurators.

    The appointment and removal of the chief procurators of the people’s
procuratorates of autonomous prefectures, cities directly under the provincial
governments, counties, cities and municipal districts shall be reported to the
chief procurators of the people’s procuratorates at the next higher level for
submission to the standing committee of the people’s congress at the
corresponding level for approval. (Amended on September 2, 1983)

    Article 24  The chief procurators, deputy chief procurators, members of
procuratorial committees and procurators of people’s procuratorates set up in
industrial and mining areas, agricultural reclamation areas and forest zones
by people’s procuratorates at the provincial or county level shall be
appointed and removed by the standing committee of the people’s congress at
the corresponding level upon the recommendation of the chief procuratos of the
dispatching people’s procuratorates.

    Article 25  The term of office of the chief procurators of people’s
procuratorates at all levels shall be the same as that of the people’s
congresses at corresponding levels.

    Article 26  The Standing Committee of the National People’s Congress and
the standing committees of the people’s congresses of provinces, autonomous
regions, and municipalities directly under the Central Government may, upon
proposals put forward by the Procurator-General and chief procurators of
people’s procuratorates at the corresponding level, replace the chief
procurators, deputy chief procurators and members of the procuratorial
committees of people’s procuratorates at lower levels.

    Article 27  People’s procuratorates at all levels shall have a number of assistant procurators and clerks. With the approval of the
chief procurator,
an assistant procurator may act in the function of a procurator. The clerks
shall be responsible for keeping case records and other related matters.

    The assistant procurators and clerks shall be appointed and removed by the
chief procurators of people’s procuratorates at all levels.

    People’s procuratorates at all levels may install judicial police as
needed.

    Article 28  The organizational structure and staff size of the people’s
procuratorates at all levels shall be stipulated separately by the Supreme
People’s Procuratorate.





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AUTHORIZING THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE TO EXERCISE THE POWER OF RATIFICATION OF THE FORMER FOREIGN INVESTMENT COMMISSION

Category  FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1983-03-05 Effective Date  1983-03-05  


Decision of the Standing Committee of the National People’s Congress on Authorizing the Ministry of Foreign Economic Relations and
Trade to Exercise the Power of Ratification of the Former Foreign Investment Commission

(Adopted at the 26th Meeting of the Standing Committee of the Fifth

National People’s Congress on March 5, 1983)

    The 22nd Meeting of the Standing Committee of the Fifth National People’s
Congress, in its Decision on the Question of Structural Reform of the State
Council, decided to establish the Ministry of Foreign Economic Relations and
Trade through a merger of the Import and Export Commission, the Ministry of
Foreign Trade, the Ministry of Foreign Economic Relations and the Foreign
Investment Commission, In view of this, the power of ratification formerly
exercised by the Foreign Investment Commission pursuant to the Law of the
People’s Republic of China on Chinese-Foreign Equity Joint Ventures and other
laws and regulations concerning foreign economic relations shall hereafter be
exercised accordingly by the Ministry of Foreign Economic Relations and Trade.?






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AUTHORIZING THE STATE COUNCIL TO MAKE PARTIAL AMENDMENTS AND SUPPLEMENTS TO THE MEASURES CONCERNING THE RETIREMENT AND RESIGNATION OF STAFF MEMBERS AND WORKERS

REGULATIONS GOVERNING SUPERVISION AND CONTROL OF VESSELS OF FOREIGN REGISTRY SAILING IN THE YANGTZE RIVER ISSUED BY THE PEOPLE’S REPUBLIC OF CHINA

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

Disclaimer: There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Facebook
© LAWS.COM NETWORK 2023-2024