REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON JOINT VENTURES USING CHINESE AND FOREIGN INVESTMENT
MEASURES FOR THE IMPLEMENTATION OF THE PROVISIONS FOR LABOUR MANAGEMENT IN CHINESE-FOREIGN EQUITY JOINT VENTURES
The Ministry of Labour and Personnel Measures for the Implementation of the Provisions for Labour Management in Chinese-foreign Equity Joint Ventures the Ministry of Labour and Personnel December 24, 1983 These Measures are specially formulated in order to facilitate the smooth implementation of the “Provisions for Labour Management Article 1 The labour plans of a joint venture, after being decided by the board of directors, shall be filed with the department in charge of Article 2 New workers to be employed by a joint venture according to its labour plan shall be openly recruited in line with the relevant policies If the newly-recruited workers have to undergo training, the joint venture may fix a period of time for training according to its Article 3 If the engineers technicians and managing personnel in the locality cannot satisfy the quantitative needs of the joint venture, the The joint venture may fix a probation period for the newly-recruited personnel and the personnel recommended by the department in Article 4 Apart from the agents of the foreign participant in a joint venture, all the staff and workers of a joint venture shall be recruited Article 5 The employment of personnel of a joint venture shall be conducted in the form of signing a labour contract which, apart from the relevant The labour contract shall be concluded by the joint venture and the venture’s trade union organization through consultations (or by The joint venture may sign a collective labour contract with the venture’s trade union organization or sign contracts with individual In addition to the labour contracts, the joint venture may sign labour service contracts with the units which provide personnel or Article 6 The joint venture shall strengthen the work of regularly training the staff and workers to improve their technical skills. Expenses Article 7 When a joint venture wants to dismiss redundant staff and workers as a result of a change in production and technical conditions or Workers and staff should not be dismissed during the period of their treatment or recuperation for industrial injury and occupational The joint venture should give compensation to those workers and staff who are dismissed during the period of the labour contract or Article 8 Workers and staff of a joint venture may resign for special reasons during the period of the labour contract and shall submit their If the workers and staff, who received training provided by the venture want to resign during the contractual period, they shall compensate Article 9 The joint venture shall give moral encouragement or material reward to those workers and staff who observe the venture’s rules and Article 10 The joint venture may, in accordance with the seriousness of the case, impose criticism or punishment on staff and workers who violate The sanctions shall be decided upon by the general manager and vice-general managers after seeking opinion from the venture’s trade Article 11 When the joint venture administers reward or punishment to those workers and staff appointed by the administrative organs of the government, Article 12 The joint venture shall pay the Chinese workers and staff in accordance with the wage levels stipulated in Article 8 of the Management The real wages of the workers and staff of state-run enterprises in the locality in the same line of business stated in Article 8 Workers and staff who leave a joint venture and join another unit shall be paid in accordance with the system of wage standards, bonuses Article 13 The joint venture must pay the Chinese workers and staff, in accordance with Article 11 of the Management Provisions, labour insurance, The labour insurance welfare benefits of a joint venture paid to the Chinese participants in a joint venture shall be used under the Article 14 The labour insurance and welfare benefits of the staff and workers in a joint venture shall be handled in accordance with the relevant Article 15 The joint venture should pay attention to strengthening labour protection for its staff and workers and appoint proper and sufficient Article 16 The joint venture shall implement the systems of work schedules, holidays and paid leave of absence which are carried on in China’s Article 17 When staff and workers die or suffer injuries from industrial accidents or sustain severe occupational poisoning and other injurious Article 18 The joint venture in special economic zones should implement the labour management provisions stipulated by the zone. Article 19 These Measures shall be implemented under the supervision of the labour personnel departments at various levels. Article 20 These Measures shall enter into force as of the date of promulgation. |
The Ministry of Labour and Personnel
1983-12-24
PROCEDURES FOR THE IMPLEMENTATION OF THE PROVISIONS FOR LABOUR MANAGEMENT IN JOINT VENTURES USING CHINESE AND FOREIGN INVESTMENT
REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CONTROL OVER PREVENTION OF POLLUTION BY VESSELS IN SEA WATERS
REGULATIONS ON CONTRACTS OF PROPERTY INSURANCE
(Effective Date 1983.09.01)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II CONCLUSION, ALTERATION AND ASSIGNMENT OF CONTRACT OF INSURANCE
CHAPTER III OBLIGATIONS OF THE INSURED
CHAPTER IV THE LIABILITY OF THE INSURER FOR COMPENSATION
CHAPTER V SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS ARticle 1. The Regulations of the People’s Republic of China on Contracts of Property Insurance are drawn up in accordance with Article 2. The property insurance referred to in the present Regulations includes various kinds of insurance on either The event mentioned in the present Regulations refers to and event coming within the scope of cover under the contract of insurance. Article 3. An applicant for cover of property insurance (called the Insured in the policy or the certificate of insurance) shall Article 4. The parties to the contract of insurance applying to the organ for control of contracts for reconciliation or CHAPTER II CONCLUSION, ALTERATION AND ASSIGNMENT OF CONTRACT OF INSURANCE Article 5. A contract of insurance shall be deemed to be concluded when the applicant puts forward his proposal for insurance Article 6. An applicant may conclude an open cover with the Insurer, and the Insurer shall, in witness thereof issue an open policy The open cover shall stipulate the scope of cover, the range of property insured, the maximum amount of insurance each During the currency of the open cover, the insured shall declare to the Insurer in writing, in good time each Article 7. At the time a contract of insurance is concluded, the Insurer shall advise the Insured of all matters related Should, after the conclusion of the contract of insurance, there be any non-disclosure, concealment or misrepresentation Article 8. The Insurer shall not be liable for any loss of or damage to the insured property in consequence of an insured event Article 9. The contents of a contract of insurance may be altered by agreement between the Insured and the Insurer during the currency Article 10. Once a contract of insurance is concluded, the Insurer shall not terminate it during its currency. In case the When the contract is terminated at the request of the Insured, the Insurer shall be enpost_titled to charge the premium calculated In no case can the insured ask for termination of cargo transportation insurance and insurance on conveyances Article 11. With the exception of the cargo transportation policy or certificate of insurance which may be transferred by the
CHAPTER III OBLIGATIONS OF THE INSURED Article 12. The Insured shall pay the insurance premium within the specified time. If he fails to do so, the Insurer may, Article 13. The Insured shall safeguard the safety of workers and the insured property by observing the relevant rules and regulations The Insurer shall be enpost_titled to make inspections as to the security condition of the insured property, and shall, Article 14. In case of any change in the use of the insured property or increase in the risk exposure, the INsured shall immediately ARticle 15. Upon the incidence of an insured event, the Insured shall take all necessary measures to prevent aggravation of the loss
CHAPTER IV THE LIABILITY OF THE INSURANCE OR COMPENSATION Article 16. The Insurer shall, in accordance with the stipulations of the contract of insurance perform the obligation of compensating Unless otherwise agreed, the liability of the Insurer for compensation is for loss or damage actually suffered In compensating for loss of or damage to the insured property, the Insurer shall deduct from the amount of compensation Article 17. The Insurer will according to the stipulations of the contract of insurance be liable for reasonable costs necessarily Article 18. The Insured shall when lodging a claim submit to the Insurer a statement of claim and statements for salvage charges, Article 19. If the insured property sustains a loss within the scope of cover for which a third party shall be held liable, the Insured
CHAPTER V SUPPLEMENTARY PROVISIONS Article 20. The Present Regulations shall apply to contracts of insurance concluded between the Insurer and individuals. Article 21. The Present Regulations shall apply to contract of insurance on property involving foreign elements. Article 22. Unless otherwise stipulated by The Law, the present Regulations shall apply to contracts of marine insurance. Article 23. The present Regulations comes into force on the day of promulgation.
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REGULATIONS ON THE ADMINISTRATION OF ENVIRONMENTAL PROTECTION IN THE EXPLORATION AND DEVELOPMENT OF OFFSHORE PETROLEUM
Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1983-12-29 | Effective Date | 1983-12-29 |
Regulations of the People’s Republic of China on the Administration of Environmental Protection in the Exploration and Development |
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(Promulgated by the State Council on December 29, 1983)
Article 1 These Regulations are formulated in order to implement the
Marine Environmental Protection Law of the People’s Republic of China and
prevent pollution damage to marine environment resulting from offshore
petroleum exploration and development.
Article 2 These Regulations are applicable to enterprises, institutions,
operators and individuals engaged in the exploration and development of
petroleum in the see areas under the jurisdiction of the People’s Republic of
China, and the stationary and mobile platforms and other relevant facilities
they use.
Article 3 The departments in charge of environmental protection in
exploration and development of offshore petroleum are the State Oceanographic
Bureau of the People’s Republic of China and its agencies, hereinafter
referred to as the “competent departments”.
Article 4 Enterprises or operators, while compiling the overall programs
for developing oil (gas) fields, must compile a marine environmental impact
report and submit it to the Ministry of Urban and Rural Construction and
Environmental Protection of the People’s Republic of China. The Ministry of
Urban and Rural Construction and Environmental Protection, in conjunction with
the State Oceanographic Bureau and the Ministry of Petroleum Industry, is to
organize examination and approval in accordance with the stipulations
governing the administration of environmental protection over the projects of
state capital construction.
Article 5 The marine environmental impact report shall include the
following:
(1) the name, geographical position and size of the oil field;
(2) the natural environment and the conditions of marine resources of the
sea areas where the oil field is located;
(3) the types, composition, amount and the means of disposal of the waste
materials to be discharged in developing the oil field;
(4) an assessment of the impact on the marine environment; the possible
impact from development of offshore petroleum on the natural environment and
marine resources of the surrounding sea areas; the possible impact on the sea
fishery, shipping and other sea activities; measures for environmental
protection to be adopted to avoid and reduce various types of harmful impact;
(5) the impact that can not be avoided in the final outcome and the
graveness and causes of the impact;
(6) measures for preventing major oil pollution accidents; the
organization of prevention, provision of personnel, technical equipment and
communications and liaison.
Article 6 Enterprises, institutions and operators shall have the
capacity of dealing with emergencies with regard to the prevention and control
of oil pollution accidents, formulate emergency plans, have oil recovery
facilities and equipment for containing oil and eliminating oil commensurate
with the scale of exploration and development of offshore petroleum in which
they are engaged.
If oil-eliminating chemical agents are to be used, their brand names and
composition shall be reported to the competent departments for verification
and approval.
Article 7 The requirements for the pollution-prevention equipment of the
stationary and mobile platforms are:
(1) oil and water separation equipment shall be fitted;
(2) the oil extraction platforms shall be fitted with the equipment for
treating oil-polluted water; the oil content of the polluted water, after
treatment by this equipment, shall reach the discharge standards set by the
State;
(3) devices for monitoring and control of oil discharge shall be fitted;
(4) facilities for retrieving residual oil and waste oil shall be fitted;
(5) equipment for garbage pulverization shall be fitted;
(6) the above equipment shall go through the examination by the shipping
inspection agencies of the People’s Republic of China and must satisfy the
standards before efficacy certiticates are issued.
Article 8 The stationary and mobile platforms that already started
petroleum exploration and development in the sea areas under the jurisdiction
of the People’s Republic of China before March 1, 1983, if their
pollution-prevention equipment do not meet the stipulated requirements, shall
adopt effective measures to prevent pollution, and their pollution-prevention
facilities are to satisfy the stipulated requirements within three years of
the promulgation of these Regulations.
Article 9 The enterprises, institutions and operators shall possess civil
liability insurance or other financial guarantees to cover pollution damage.
Article 10 The stationary and mobile platforms shall be fitted with
anti-pollution record books in the format approved by the competent
departments.
Article 11 The oil-polluted water of stationary and mobile platforms may
not be directly discharged or after dilution. The oil content of the
oil-polluted water discharged after treatment must meet the State’s relevant
standards of discharging oil-polluted water.
Article 12 Requirements of control for other waste materials:
(1) residual oil, waste oil, oil-based mud, garbage containing oil and
other toxic residual liquid and dregs must be recovered, and may not be
discharged or cast off into the sea;
(2) the dumping of industrial garbage in large quantities is to be managed
in accordance with the stipulations of marine dumping of waste materials;
fragmentary industrial garbage may not be discarded into the fishery waters
and sea-lanes;
(3) domestic garbage that need to be discharged within 12 nautical miles
from the nearest land shall undergo pulverization treatment with the granules
less than 25 millimetres in diameter.
Article 13 Where exploration and development of offshore petroleum
require explosive demolitions by using explosives or other operations that are
harmful to fishery resources in the important fishery waters, effective
measures shall be adopted to avoid the spawning, breeding and fishing seasons
of the major fishes and shrimps of economic value; a report is to be made to
the competent departments before the operations and there shall be
clear signs and signals when the operations are under way.
The competent departments, on receiving the report, shall notify the
relevant units of the place and time of the operations in good time.
Article 14 Marine oil storage facilities and pipelines for the conveyance
of oil shall conform to anti-seepage, anti-leakage and anti-rotting
requirements, and shall constantly be checked and maintained in good
condition, so as to prevent oil leakage.
Article 15 In testing oil on the sea, oil and gas shall be fully burned
out in the combustion devices. With regard to the oils and oil-based mixtures
falling into the sea in the course of testing oil, effective measures shall be
adopted to treat them, and accurate records are to be kept.
Article 16 Enterprises, institutions and operators shall, immediately
upon detection of the occurrence of pollution accidents such as oil overflow
and oil leakage in operation, adopt measures for containing oil and oil
recovery to control, reduce and remove the pollution.
In case of occurrence of major pollution accidents such as oil overflow,
oil leakage and well blowout in large quantities, report shall immediately be
made to the competent departments, and effective measures are to be adopted to
control and remove the pollution, and the matter shall be subject to
investigation and handling by the competent departments.
Article 17 The use of oil-eliminating chemical agents shall be
controlled:
(1) When oil pollution accidents occur, measures for recovery shall be
adopted; with regard to the small amount of oil that is actually beyond
recovery, it is permitted to use a small amount of oil-eliminating chemical
agents.
(2) With regard to the amount of irretrievable oil-eliminating chemical
agents (including the solvent) to be used, separate specific stipulations
shall be worked out by the competent departments according to different
conditions in different sea areas. The operators shall report to the competent
departments according to stipulations, and may only use these chemical agents
after approval has been obtained.
(3) In emergencies where oil floating on the surface of the sea may cause
fire or may gravely endanger human lives and property, and the matter is
unable to be handled with the method of recovery, but, by using
oil-eliminating chemical agents, pollution can be reduced and the consequences
of the accidents be contained, the amount of oil-eliminating chemical agents
used and the reporting procedures may go beyond the restrictions as stipulated
in paragraph (2) of this Article. However, a detailed report on the
circumstances of the accident and the circumstances of using oil-eliminating
agents shall be made to the competent departments afterwards.
(4) Only those oil-eliminating chemical agents which have been verified
and approved by the competent departments may be used.
Article 18 The operators shall make detailed and accurate entries of the
following circumstances in the anti-pollution record books of the platform:
(l) the operation of the anti-pollution equipment and facilities;
(2) the treatment and discharge of the oil-polluted water;
(3) the treatment, discharge and disposal of other waste materials;
(4) the occurrence of oil-pollution accidents such as oil spill, oil
leakage and well blowout and the handling;
(5) the details about the demolition operations;
(6) details about the use of oil-eliminating chemical agents;
(7) other items stipulated by the competent departments.
Article 19 The enterprises and operators shall, within 15 days from the
end of each quarter of the year, make a comprehensive report in the format
approved by the competent departments on anti-pollution and the circumstances
of pollution accidents of that quarter.
The competent departments shall be informed in good time of the positions
of the stationery and mobile platforms.
Article 20 Government functionaries of the competent departments or the
personnel designated by them may board the stationery and mobile
platforms and other relevant facilities to conduct monitoring and
investigation, including:
(1) collecting various kinds of samples;
(2) inspecting the fitting out, operating and using of various
anti-pollution equipment, facilities and materials;
(3) inspecting relevant documents and certification papers;
(4) checking up on the anti-pollution record books and the relevant
operation records, making copies and extracts when necessary, and demanding
that the responsible persons of the platform sign their names in confirmation
of the copies and extracts in question as correct duplicates;
(5) gathering information about pollution accidents among the persons
concerned;
(6) other related matters.
Article 21 The ships that conduct official business of the competent
departments shall have clear signs. Government functionaries or the designated
personnel, in carrying out official affairs, must wear official uniforms and
carry identity papers.
Those who are investigated shall provide facility for the aforesaid ships,
government functionaries and the designated personnel, and provide accurate
information and statements about the accidents.
Article 22 Units and individuals that have suffered pollution damage
caused by exploration and development of offshore petroleum and are to claim
compensation shall, in accordance with the stipulation of Article 32 of the
Environmental Protection Law of the People’s Republic of China and the
stipulation of Article 42 of the Marine Environmental Protection Law of the
People’s Republic of China, apply for handling to the competent departments
and claim compensation for the losses from the party that is responsible for
the pollution damage. The claimant shall submit a report on claiming
compensation for damage sustained; this report shall include the following:
(1) the time, place, scope and the objects of the pollution damage caused
by the exploration and development of offshore petroleum;
(2) a detailed list of the losses caused by pollution damage, including
the names of objects, quantity, unit price, method of calculating, and such
matters as the breeding or natural conditions;
(3) an appraisal by the relevant scientific research department or
endorsement by a notary office in confirmation of the damage actually
sustained;
(4) the original documents of evidence of the pollution damage, the
photographs of the related circumstances and other documents and materials of
testimony relevant to the claim for compensation shall be provided as complete
as possible.
Article 23 Units and individuals (those having commercial contracts
excluded) that demand reimbursement of the expenses for removing pollutants
stemming from the exploration and development of offshore petroleum shall, in
applying to the competent departments for attention to the case, submit a
report of claiming reimbursement of the expenses for removal to the competent
departments. This report shall include the following:
(1) the time, place and objects of the elimination of pollutants;
(2) the manpower, machines and tools and vessels employed, and the
quantities, the unit price and the method of calculating of the materials used
in effecting the removal;
(3) the administrative expenses, transport cost, and othe relevant
expenses in organizing the removal effort;
(4) the results of and the situation after the removal;
(5) other relevant evidence and certification papers.
Article 24 Where devastating pollution accidents have occurred due to
force majeur, the enterprises, institutions and operators wishing to free
themselves from the indemnity liabilities thereof shall submit to the
competent departments a report which must be able to testify that the damage
resulting from the pollution accident falls under one of the circumstances
described in Article 43 of the Marine Environmental Protection Law of the
People’s Republic of China, and that the accident remained unavoidable despite
rational measures promptly taken.
Article 25 In handling cases of disputes concerning liability for
compensation and the amount of compensation for the pollution damage in the
exploration and development of offshore petroleum, the competent departments
shall, on the basis of investigation and finding out the facts, resort to
mediation.
If a party does not want mediation or does not agree to handling of the
matter through mediation by the competent departments, the matter may be
handled in accordance with the stipulation of Article 42 of the Marine
Environmental Protection Law of the People’s Republic of China.
Article 26 Where enterprises, institutions and operators violate the
Marine Environmental Protection Law of the People’s Republic of China and
these Regulations, the competent departments may order that they take remedial
measures to rectify the situation within a given period of time, pay the
removal costs, and compensate the State for the damage; in cases of discharge
of pollutants in excess of the standard, the payment of a pollutant discharge
fee may be demanded.
Article 27 In cases where enterprises, institutions, operators and
individuals violate the Marine Environmental Protection Law of the People’s
Republic of China and these Regulations, the competent departments may punish
the violators by giving warnings or imposing fines according to the
seriousness of the case.
Fines fall into the following categories:
(1) The maximum amount of a fine imposed on an enterprise, institution or
operator that has caused marine environmental pollution is 100,000 RMB yuan.
(2) The maximum amount of a fine imposed on an enterprise, institution and
operator that has contravened the relevant rules and regulations in the
following ways is 5,000 RMB yuan:
a. not reporting a major oil-pollution accident to the competent
departments according to stipulations;
b. using oil-eliminating chemical agents not according to stipulations.
(3) The maximum amount of a fine imposed on an enterprise, institution or
operator that has contravened the relevant rules and regulations in the
following ways is 1,000 RMB yuan:
a. not having the anti-pollution record book equipped according to
stipulations;
b. the entries in the anti-pollution record book are irregular or false;
c. not reporting to or informing the competent departments of their real
situation according to stipulations;
d. obstructing the government functionaries or the designated personnel
from performing their official duties.
(4) With regard to the directly responsible persons, fines may be imposed
according to the seriousness of the case.
Article 28 If a party does not agree to the penalty by the competent
departments, the matter shall be handled in accordance with the stipulations
of Article 41 of the Marine Environmental Law of the People’s Republic of
China.
Article 29 The competent departments shall grant commendations and
rewards to the units and individuals that on their own initiative report and
expose enterprises, institutions and operators that have concealed pollution
accidents in the exploration and development of offshore petroleum, or provide
evidence, or adopt measures to reduce the damage arising therefrom.
Article 30 The meanings of the following terms in these Regulations are:
(1) “Stationary and mobile platforms” refers to the well drilling ships,
well drilling platforms and oil extraction platforms referred to in the
Marine Environmental Protection Law of the People’s Republic of China, and
includes other platforms.
(2) “Exploration and development of offshore petroleum” refers to such
operational activities as exploration, development, production, storage and
pipeline conveyance.
(3) “Operators” refers to the entities that perform the operations of
exploration and development of offshore petroleum.
Article 31 These Regulations shall go into effect as of the date of
promulgation.
REGULATIONS ON FOREIGN CURRENCY DEPOSITS AND SPECIAL RENMINBI DEPOSITS BY THE BANK OF CHINA
(Issued by the Bank of China on January 1, 1983)
CONTENTS I. BANK OF CHINA REGULATIONS FOR FOREIGN CURRENCY DEPOSITS (CATEGORY A) II. BANK OF CHINA REGULATIONS FOR FOREIGN CURRENCY DEPOSITS (CATEGORY B)
III.BANK OF CHINA REGULATIONS FOR SPECIAL RENMINBI DEPOSITS
I. BANK OF CHINA REGULATIONS FOR FOREIGN CURRENCY DEPOSITS (CATEGORY A) Article 1. Deposits under these regulations are handled by the Banking Department of the Head Office of the Bank of China and the bank’s domestic Article 2. An account for deposits may be opened by the following bodies, enterprises and organizations: (1) Foreign diplomatic, consular and commercial missions, organs of international bodies and offices of non-governmental organizations (2) Chinese and foreign enterprises and organizations set up in foreign countries or the Hongkong and Macao regions; (3) Enterprises operating in China with overseas Chinese capital or foreign capital or joint Chinese and foreign capital; (4) State organs, organizations,schools, state-owned enterprises and establishments and collective urban and rural economic bodies (5) Others with the approval of the Bank of China. Article 3. Foreign exchange of the following kinds may be deposited in the aforesaid account: (1) Foreign exchange in convertible currency remitted brought, or sent into China from abroad or the Hongkong and Macao regions. (2) Foreign exchange funds of enterprises operating with overseas Chinese capital or foreign capital or joint Chinese and foreign (3) Foreign exchange kept by Chinese state organs, enterprises, establishments and organizations with the approval of the government (4) Other kinds of foreign exchange which the Bank of China has agreed to accept for deposit. Article 4. Deposits are of two types, namely, fixed deposit and current deposit. Interest shall be paid at the rates published by the Head (1) A fixed deposit takes the form of a deposit certificate issued in the name of the depositor and must be established and withdrawn (2) A current deposit takes two forms, namely, deposit book and current account. The initial deposit must not be less than the equivalent Deposits are restricted to 5 kinds of currencies, namely, the US dollar, Pound sterling, Hongkong dollar, Deutsche mark and Japanese Article 5. A request for opening an account for deposit must be accompanied by an identification document, a letter of application and a specimen Article 6. The Use of Deposits: (1) Funds in a deposit may be remitted to place within or outside China. (2) Funds in a deposit may be converted into Renminbi at the ruling exchange rate. (3) Funds in a deposit may be transferred to another foreign currency account kept with the bank. (4) With the approval of the bank, foreign banknotes may be sold to the personnel of the depositor to meet the needs of their departure The use of a deposit by state organs, organizations, schools state-owned enterprises and establishments, collective urban and rural Article 7. On maturity, a fixed deposit may be withdrawn against the deposit certificate and the specimen signature previously left with the Article 8. A fixed deposit may be renewed on maturity by presenting the deposit certificate and furnishing the specimen signature to the bank Article 9. In case of loss of the deposit certificate, deposit book, cheques or signature stamp (seal), the depositor shall immediately file Article 10. On closing an account, the depositor shall return to the bank the deposit book, certificate or unused cheques together with other Article 11. The bank has the responsibility for the confidentiality of the deposit of the depositor. Article 12. These regulations are promulgated and put into force by the Head Office of the Bank of China. II. BANK OF CHINA REGULATIONS FOR FOREIGN CURRENCY DEPOSITS (CATEGORY B) Article 1. Deposits under these regulations are handled by the Banking Department of the Head Office of the Bank of China and the bank’s domestic Article 2. An account for deposits may be opened in their own names by foreign nationals, foreign nationals of Chinese descent, overseas Chinese Article 3. Foreign exchange of the following kinds may be deposited in the aforesaid account: (1) Foreign exchange in convertible currency remitted or brought into China from abroad or from the Hongkong and Macao regions; (2) Where the foreign exchange brought in is in foreign bank-notes, the bank-notes shall have to be first sold to the bank at its (3) Overseas Chinese remittances for buying houses; (4) Other kinds of foreign exchange which the Bank of China has agreed to accept for deposit. Article 4. Deposits are of two types, namely, fixed deposit and current deposit. Money can be freely credited to or withdrawn from them. Interest (1) A fixed deposit takes the form of a deposit certificate issued in the name of the depositor and must be established and withdrawn (2) A current deposit takes the form of a deposit book. Withdrawals may be made at any time by presentation of the deposit book. The (3) Deposits are restricted to 5 kinds of currencies, namely,the US dollar, Pound sterling, Hongkong dollar, Deutsche mark and Japanese ARticle 5. A request for opening an account for deposits must be accompanied by a letter of application and a specimen signature. If what Article 6. On maturity, a fixed deposit may be withdrawn against the deposit certificate and the specimen signature previously left with the Article 7. The Use of Deposits (1) A deposit may be transferred abroad. (2) A deposit may be converted into Renminbi at the ruling exchange rate to be used in China or remitted to relatives in the country (3) A deposit may be used to pay the travelling expenses of visitors in China; (4) When a depositor leaves China, foreign banknotes may be sold to him according to circumstances upon his application and with the Article 8. If a fixed deposit is not withdrawn on maturity, the bank may renew it for another similar period. Where withdrawal is made before maturity because of special need, the interest on the amount drawn shall be paid at the rate for current Article 9. In case of loss of the deposit book, deposit certificate or signature stamp (seal), the depositor shall file a written request with Article 10. On closing an account, the depositor shall return to the bank the deposit book or deposit certificate together with other related Article 11. The bank has the responsibility for the confidentiality of the deposit of the depositor. Article 12. These regulations are promulgated and put into force by the Head Office of the Bank of China.
III. BANK OF CHINA REGULATIONS FOR SPECIAL RENMINBI DEPOSITS Article 1. Deposits under these regulations are handled by the Banking Department of the Head Office of the Bank of China and the bank’s domestic Article 2. An account for deposits may be opened by the following bodies, enterprises, organizations and individuals: (1) Foreign diplomatic, consular and commercial missions, organs of international bodies and offices of non-governmental organizations (2) Enterprises and organizations set up abroad or in the Hongkong and Macao regions; (3) Enterprises operating in China with overseas Chinese capital or foreign capital or joint Chinese and foreign capital; (4) Foreign nationals, overseas Chinese and Hongkong and Macao compatriots resident in or outside China; (5) Chinese nationals who are allowed by state regulations retain foreign exchange for themselves. (6) Others with the approval of the Bank of China. Article 3. Foreign exchange of the following kinds may be converted into Renminbi at the ruling exchange rates and credited to the aforesaid (1) Remittances from abroad or the Hongkong and Macao regions in favour of a depositing unit or individual; (2) Where the foreign exchange brought or sent into the country from abroad or from the Hongkong and Macao regions is in foreign bank-notes, (3) Other kinds of foreign exchange with the approval of the bank. Article 4. Deposits are kept in the name of the depositor and are of two kinds, namely, current deposit and deposit book. Interest shall be Article 5. To open an account, the depositor must provide the bank with an identification document a letter of application and a specimen signature Article 6. The Use of Deposits (1) The principal and interest of a deposit may be converted into foreign currency at the ruling exchange rate to be remitted abroad; (2) Funds in a deposit may be transferred to a Renminbi account or withdrawn in Renminbi banknotes with the special privileges accorded (3) A deposit may be transferred to another special Renminbi account kept with the bank. The use of a deposit by enterprises operating with joint Chinese and foreign capital in China shall be in conformity with the foreign Article 7. In case of loss of the deposit book or signature stamp (seal), the depositor must notify the bank in writing to stop payment against ARticle 8. On closing an account, the depositor shall return to the bank the deposit book and unused cheques together with other related documents, Article 9. The bank has the responsibility for the confidentiality of the deposit of the depositor. Article 10. These regulations are promulgated and put into force by the Head Office of the Bank of China.
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REGULATIONS ON THE ARBITRATION OF DISPUTES OVER ECONOMIC CONTRACTS
(Effective Date 1983.08.22)
CONTENTS
CHAPTER I GENERAL PRINCIPLES
CHAPTER II JURISDICTION
CHAPTER III ORGANISATION
CHAPTER IV PROCEDURES
CHAPTER V APPENDIX
CHAPTER I GENERAL PRINCIPLES Article 1. Pursuant to the “Economic Contract Law of the People’s Republic of China”, the present regulations are hereby formulated to correctly Article 2. The State General Administration for Industry and Commerce and the economic contract arbitration boards established by local administrations Article 3. Arbitration organs shall handle cases of disputes over economic contracts within their terms of reference and practise the system Article 4. In handling cases of disputes over economic contracts, organs of arbitration upholds the principle of carrying out investigations Article 5. In places where minority nationality people live in compact community,languages, oral or written, of local minority people shall Article 6. Disputing parties should apply for arbitration with the organs of arbitration within one year starting from the date when they get Article 7. Disputing parties or their legal representatives may entrust one or two persons to take action on their behalf. In entrusting others Article 8. The regulations apply to disputes over economic contracts between legal persons as well as to disputes over economic contracts signed
CHAPTER II JURISDICTION Article 9. Cases of disputes over economic contracts shall be handled by arbitration organizations in places where the contracts are implemented Disputes over construction engineering contracts shall be handled by arbitration organizations in places where the project is built. Disputes over economic contracts arising from the course of transportation by rail,road, water or through transport, shall be handled Disputes over economic contracts arising from air transport shall be handled by arbitration organizations in places where the contracts Article 10. Disputes over economic contracts shall be handled by arbitration organizations of counties (cities) and city districts, with the (1) Cases that have a big influence or involve a sum of over 500, 000 to 5 million Yuan shall be handled by arbitration organizations (2) Major economic disputes of great impact or involving a sum of 5 million to 10 million yuan shall be handled by provincial, municipal (3) Disputes over economic contracts that will have great impact nationwide or disputes between provinces,municipalities and autonomous Article 11. Arbitration organizations at a higher level have the right to handle cases within the jurisdiction of arbitration organizations Arbitration organizations at a lower level may submit cases within their jurisdiction to arbitration organizations at a higher level Article 12. Cases within the jurisdiction of two arbitration organizations may be accepted by the arbitration organization which first received Arbitration organizations shall not accept cases where one of the disputing parties has applied for arbitration while the other has Article 13. Disputes arising from jurisdiction shall be settled through Consultation between disputing parties. Should consultation fails, the
CHAPTER III ORGANIZATION Article 14. Economic contract arbitration boards of the state administration for industry and commerce at all levels are composed of one chairman, Economic contract arbitration boards designate a number of arbitrators to handle cases of disputes over economic contracts. Article 15. Arbitration organizations at all levels may appoint according to needs part-time arbitrators from among prominent figures, professional Part-time arbitrators should have the support of their own units in performing their duties. Article 16. In handling cases of disputes over economic contracts, arbitration organizations shall form arbitration tribunals each composed In discussing cases, the arbitration tribunal should follow the principle of the minority subordinating to the majority. Records should Difficult cases may be submitted for discussion and decision by the arbitration boards. The decisions by the arbitration boards shall Simple cases may be handled by one arbitrator appointed. Article 17. If any member of the arbitration tribunal is deemed unsuitable for handling a case, he should apply for “withdrawal”, If any of Article 18. The withdrawal of the umpire shall be determined by the arbitration board. The withdrawal of arbitrators shall be decided by the An arbitration organization may inform the disputing parties orally or in written form of its decision on withdrawal.
CHAPTER IV PROCEDURES Article 19. Application should be filed with the arbitration organization for arbitration according to the provisions of the regulations and The application must specify the follow items: (1) Name and address of the accuser, name and function of the legal representative. (2) Name and address of the accused, name and function of the legal representative. (3) Reasons and claims of the application. (4) Evidence and the name and address of witnesses. Article 20. The arbitration organization should put the case on file for investigation and prosecution within seven days after the application After a case is accepted, the duplicates of the application should be delivered to the accused within five days from the date of acceptance. The handling of a case is not affected whether the accused has presented the letter of reply or not within the prescribed period of Article 21. An arbitrator must make a careful study of the application, reply and carry out investigations to collect evidence. In order to obtain evidence, an arbitration organization may request the permission to examine files related to the case, data and Arbitration organizations must keep secret evidences involving state secrets. Article 22. When conducting the spot survey or technical examinations, the disputing parties and personnels involved should be informed present; The records on the spot survey and technical examinations should specify the time, place and the result of the survey or examination If a unit is entrusted to carry out the technical examination by an arbitration organization, it should conduct the testing according Article 23. If an arbitration organization is required to carry out the investigations, items and requirements should be specified. The arbitration Article 24. While the handling of a case is in process, the arbitration organization may rule to take measures to prevent more serious property In deciding measures to save damage,the arbitration organization may demand the applicant of providing a guarantor. If the applicant If the applicant loses the case, he should compensate for the losses in property inflicted by taking the measures to save from damage. Measures to save from damage may include termination of the execution of the contract, sealing up and detain the goods, selling of Article 25. An arbitration organization should first exercise mediation in handling a case, either by an arbitrator or by an arbitration tribunal. Article 26. An arbitration organization should mediate on the basis of finding out facts and affixing responsibilities so as to promote mutual The agreement should be reached on a voluntary basis and should not be forced upon the disputing parties. The contents of the agreements shall not violate the law, administrative regulations or other rules and regulations and policies or Article 27. When an agreement is reached through mediation, a letter of mediation should be written, which should specify the names and addresses Article 28. When the mediation letter is delivered, the disputing parties should automatically observe it. Article 29. If no agreement is reached through mediation or one disputing party or both parties have backed up their commitments, the arbitration Article 30. Before an arbitration tribunal hears a case, the disputing parties should be informed in written form of the time, place of the Article 31. In hearing a case, the umpire should announce the list of arbitrators and secretaries and ask whether the disputing parties request The tribunal should carefully listen to the statements and replies of the disputing parties and the presenting of evidences, then Article 32. Arbitration awards should specify: (1) The names, addresses of the representatives or agents of the accuser and the accused. (2) Reasons for application, facts about the disputes and claims. (3) Facts established by the ruling, reasons and the law provisions applied. (4) Result of the ruling and the bearer of the arbitration fees. (5) Time limit for appeal if the ruling is not accepted. The arbitration awards must be signed by the arbitrations and sealed by the arbitration organizations. Article 33. If one of the disputing parties or both refuse to accept the arbitration award, he or they may bring the case before the people’s Article 34. If the chairman or vice-chairmen of the economic contract arbitration board find there is indeed errors in the ruling which has If an arbitration organization at a higher level discovers errors in an arbitration award that has already become legally binding, A new arbitration tribunal should be formed in re-arbitration. Article 35. Parties to an economic contract should automatically implement the mediation instruments or arbitration awards that have already
CHAPTER V APPENDIX Article 36. Disputing parties shall be charged arbitration fees, which include acceptance fees and handling fees. Case handling fees (including fees for testing, survey and investigation, examination, travel expenses and the subsidy for witnesses Case acceptance fees are paid in advance by the applicant. After the case is completed, the arbitration fees should be borne by the losing party. If the disputing parties partially lose or The standard of arbitration fees shall be fixed by the State Administration for Industry and Commerce. Article 37. If the mediation works, the arbitration fees should be borne by both parties through consultation. Article 38. The present regulations becomes effective from the date of promulgation. Other regulations on economic contract arbitration promulgated
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RULES FOR THE IMPLEMENTATION OF FOREIGN EXCHANGE CONTROL REGULATIONS RELATING TO ENTERPRISES WITH OVERSEAS CHINESE CAPITAL, FOREIGN-CAPITAL ENTERPRISES AND CHINESE-FOREIGN EQUITY JOINT VENTURES
Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | Invalidated |
Date of Promulgation | 1983-08-01 | Effective Date | 1983-08-01 | Date of Invalidation | 1996-04-01 |
Rules for the Implementation of Foreign Exchange Control Regulations Relating to Enterprises With Overseas Chinese Capital, Foreign-capital |
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(Approved by the State Council of the People’s Republic of China on July
19, 1983 and promulgated by the State Administration of Foreign Exchange
Control on August 1, 1983)(Editor’s Note: These Rules have been annulled
by Regulations of the People’s Republic of China on Foreige Exchange Control
promulgated on January 29, 1996 and effective as of April 1, 1996)
Article 1 These Rules are formulated for implementing the provisions of
Chapter V of the Interim Regulations on Foreign Exchange Control of the
People’s Republic of China.
Article 2 In Chapter V of The Interim Regulations on Foreign Exchange
Control of the People’s Republic of China, the term “enterprises with overseas
Chinese capital” refers to corporations, enterprises or other economic
entities registered in China with overseas Chinese capital or capital of
compatriots in the Hong Kong and Macao regions, and managed independently or
jointly with Chinese enterprises; the term “foreign-capital enterprises”
refers to corporations, enterprises or other economic entities registered in
China with foreign capital, and managed independently or jointly with Chinese
enterprises; the term “Chinese-foreign equity joint ventures” refers to
enterprises jointly established, owned and run in China by corporations,
enterprises, other economic entities or individuals with overseas Chinese
capital, capital of compatriots in the Hong Kong and Macao regions or foreign
capital and Chinese corporations, enterprises or other economic entities.
Article 3 For all foreign exchange receipts and payments, enterprises
with overseas Chinese capital, foreign-capital enterprises and Chinese-foreign
equity joint ventures must act in accordance with the provisions in the
Interim Regulations on Foreign Exchange Control of the People’s Republic of
China as well as these Rules.
Article 4 Enterprises with overseas Chinese capital, foreign-capital
enterprises and Chinese-foreign equity joint ventures shall open Renminbi
deposit accounts and foreign exchange deposit accounts in China with the Bank
of China or its branch banks or any other banks approved by the State
Administration of Foreign Exchange Control (SAFEC) or its branch offices,
payments and receipts in these accounts being subject to the supervision of
the bank with which the enterprises have established accounts. When applying
for the opening of the accounts, the enterprises shall submit for verification
their business licenses issued by the State Administration for Industry and
Commerce of the People’s Republic of China.
Article 5 The exploration fund and the fund for cooperative development
and cooperative production provided unilaterally by a foreign-capital
enterprise engaged in cooperative exploitation of offshore petroleum resources
in China are permitted to be deposited with the agreement of the Chinese side
in a bank, of a foreign country or of the Hong Kong or Macao region.
Article 6 Should they find it necessary to open foreign exchange deposit
accounts with banks abroad or in the Hong Kong and Macao regions other than
the accounts opened in accordance with Article 5 of these Rules, enterprises
with overseas Chinese capital, foreign-capital enterprises and Chinese-foreign
equity joint ventures shall apply to SAFEC or its branch offices for approval.
The enterprises concerned shall submit to SAFEC or its branch offices
quarterly statements of payments into and withdrawal from such accounts within
30 days as of the end of each and every quarter.
Article 7 All foreign exchange receipts of enterprises maintaining
foreign exchange accounts with banks in China in accordance with Article 4 of
these Rules, must be deposited in the said accounts and all their foreign
exchange disbursements incurred in normal business operations can be effected
through these accounts.
Article 8 For the implementation of the petroleum operations specified in
their contracts, the foreign-capital enterprises engaged in cooperative
exploitation of offshore petroleum resources may pay directly outside China
wages, salaries, cost of procurements, various labour costs and service
charges to foreign workers and staff members, foreign subcontractors and
suppliers. The foreign workers and staff members and foreign subcontractors
shall pay taxes on their income derived from China in accordance with the
provisions of the tax law of the People’s Republic of China.
Article 9 Enterprises with overseas Chinese capital, foreign-capital
enterprises and Chinese-foreign equity joint ventures shall submit within the
prescribed time limit to the SAFEC or its branch offices the following
statements with explanatory notes in detail:
(1) Balance sheet as of December 31 of the previous year, profit and loss
statement and statement of receipts and payments of foreign exchange for the
previous year shall be submitted before March 31 of each year, along with
audit reports by accountants registered in the People’s Republic of China.
(2) Budget of foreign exchange receipts and payments for the coming year
shall be submitted before December 1 of each year (subsequent amendments, if
any, shall be reported immediately).
The SAFEC and its branch offices are authorized to request the enterprises
with overseas Chinese capital, foreign-capital enterprises and Chinese-foreign
equity joint ventures to provide information about their business activities
involving foreign exchange, and to check on their foreign exchange incomes and
expenditures.
Article 10 Any currency conversion of enterprises with overseas Chinese
capital, foreign-capital enterprises and Chinese-foreign equity joint ventures
must be conducted according to the official rates of foreign exchange quoted
by the SAFEC; the export of the products of these enterprises may be dealt
with in accordance with the relevant provisions governing China’s foreign
trade exchange conversions.
Article 11 Except where otherwise approved by the SAFEC or its branch
offices, the foreign exchange receipts realized from exports by the
enterprises with overseas Chinese capital, foreign-capital enterprises and
Chinese-foreign equity joint ventures shall be transferred back and credited
to their foreign exchange deposit accounts with banks in China and the
enterprises shall also go through the procedure of cancelling their
commitments for foreign exchange receipts from these exports.
Article 12 Renminbi shall be used in the settlement of accounts between
enterprises with overseas Chinese capital, foreign-capital enterprises or
Chinese-foreign equity joint ventures on the one hand, and agencies,
enterprises (including enterprises with overseas Chinese capital,
foreign-capital enterprises, Chinese-foreign equity joint ventures), or
individuals in China on the other, except in the following cases:
(1) For products manufactured by these enterprises and sold to Chinese
entities or enterprises engaged in foreign trade which would otherwise have
to import, foreign currencies may be used in pricing and in settlement of
accounts, provided that prior approval by Chinese foreign trade authorities
has been obtained and that agreement on this arrangement has been reached
between seller and buyer; the prices of the products may be such as to be
commensurate with those current in world markets.
(2) If enterprises with overseas Chinese capital, foreign-capital
enterprises and Chinese-foreign equity joint ventures purchase, for the sake
of production, the commodities to be exported or imported by Chinese entities
engaged in foreign trade, foreign currencies may be used in pricing the said
commodities with reference to those current in world markets and in settlement
of accounts, with prior approval of Chinese foreign trade authorities and
arrangement between seller and buyer.
(3) Foreign currencies may be used in pricing and in the settlement of
accounts related to construction work performed by Chinese construction
entities according to contracts, provided that prior approval from the SAFEC
or its branch offices has been obtained.
(4) Other items which can be priced and settled in foreign currencies
are prescribed by the State Council or approved by the SAFEC or its branch
offices.
For all transactions which can be priced and settled in foreign currencies
as approved, the receipts and payments may be made through foreign exchange
deposit accounts.
Article 13 Overseas Chinese investors of enterprises with overseas
Chinese capital or foreign investors of foreign-capital enterprises or of
Chinese-foreign equity joint ventures may apply to the banks with which they
have opened accounts for remitting abroad their profits as well as other
justified earnings after taxation, by debiting the foreign exchange deposit
accounts of the enterprise concerned. At the time of application, the
investors concerned shall submit for examination the written decision on
profit distribution adopted by the board of directors or by another organ of
power equivalent to the board of directors, documentary evidence showing that
all taxes have been duly paid as well as the contracts containing stipulations
with regard to the distribution of profits or earnings.
Overseas Chinese investors of enterprises with overseas Chinese capital
or foreign investors of foreign-capital enterprises or of Chinese-foreign
equity joint ventures shall apply to the SAFEC or its branch offices for
transferring their foreign exchange capital abroad by debiting the foreign
exchange deposit accounts of the enterprises concerned.
Article 14 Enterprises with overseas Chinese capital, foreign-capital
enterprises and Chinese-foreign equity joint ventures engaged in cooperative
exploitation of such resources as offshore petroleum and coal, and in other
contractual or equity joint ventures, whose capital is to be recovered and
profits to be realized in kind as stipulated in their contracts, may transport
out of China the products as their shares of recovered capital and realized
profits, but such enterprises shall remit back the amount of tax to be paid in
the People’s Republic of China as well as other required payments. If the
products are to be sold within China, the case shall be handled in accordance
with provisions of Article 12 of these Rules, and the foreign exchange
proceeds derived from these sales may be remitted out after taxation and other
required payments.
Article 15 Staff members and workers of foreign nationality and those
from the Hong Kong and Macao regions employed by enterprises with overseas
Chinese capital, foreign-capital enterprises and Chinese-foreign equity joint
ventures may remit abroad their wages and other justified earnings, after
taxation according to law, and if the remittance exceeds 50% of their wages
and other earnings, they may apply to the SAFEC or its branch offices. The
amounts remitted shall all be debited to the foreign exchange deposit accounts
of the enterprises concerned.
Article 16 Foreign exchange expenses required in the normal business
operations of the branches or offices abroad or in the Hong Kong and Macao
regions set up with the approval of competent authorities by enterprises with
overseas Chinese capital, foreign-capital enterprises and Chinese-foreign
equity joint ventures may be remitted to these branches or offices, debiting
to the foreign exchange deposit accounts of the enterprises concerned, with
the approval of the SAFEC or its branch offices.
Article 17 Enterprises with overseas Chinese capital, foreign-capital
enterprises and Chinese-foreign equity joint ventures may borrow foreign
exchange directly from banks or enterprises of foreign countries or of the
Hong Kong and Macao regions, but they must report such borrowing to the SAFEC
or its branch offices for the record.
Article 18 Enterprises with overseas Chinese capital, foreign-capital
enterprises and Chinese-foreign equity joint ventures winding up operations
in accordance with legal procedures, shall carry out liquidation within the
scheduled period, under the joint supervision of China’s finance, taxation
and foreign exchange control authorities. Overseas Chinese investors or
foreign investors shall be responsible for their taxes due and their
outstanding liabilities within China. After completion of the liquidation,
overseas Chinese investors and foreign investors may apply to the SAFEC or its
branch offices for remitting out the funds owned by or distributed to them.
And the remittance shall be debited to the foreign exchange accounts
of the liquidated enterprises.
Article 19 The measures to control foreign exchange receipts and payments
of banks with overseas Chinese capital, banks with foreign capital,
Chinese-foreign equity joint banks and other financial institutions shall be
formulated by the SAFEC separately.
Article 20 These Rules shall be promulgated and put into effect by the
SAFEC upon approval of the State Council.