1989

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE PROCEDURE FOR PROMPT ADJUDICATION OF CASES INVOLVING CRIMINALS WHO SERIOUSLY ENDANGER PUBLIC SECURITY

Category  LITIGATION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Invalidated
Date of Promulgation  1983-09-02 Effective Date  1983-09-02 Date of Invalidation  1997-01-01


Decision of the Standing Committee of the National People’s Congress Regarding the Procedure for Prompt Adjudication of Cases Involving
Criminals Who Seriously Endanger Public Security



(Adopted at the Second Meeting of the Standing Committee of the Sixth

National People’s Congress and promulgated for implementation by Order No.4 of
the President of the People’s Republic of China on September 2, 1983)
(Editor’s note: This Decision was annulled by the Decision of the National
People’s Congress on Amendments of the Criminal Procedure Law of the People’s
Republic of China promulgated on March 17, 1996 and effective as of January 1,
1997)

    In order to quickly and severely punish criminals who seriously endanger
public security and to safeguard the interests of the state and the people, it
is hereby decided:

    1. In cases of criminals who cause explosions or commit murder, rape,
robbery or other crimes seriously endangering public security and who are
punishable by death, where the main facts of the crimes are clear, the
evidence is conclusive and the popular indignation is exceedingly great, they
shall be quickly brought to trial, and the restrictions provided in Article
110 of the Criminal Procedure Law regarding the time limit for the delivery to
the defendant of a copy of the bill of prosecution and the time limit for the
delivery of the summons and notices may be overstepped.

    2. The time limit for appeal by the criminals listed in the preceding
paragraph and the time limit for the people’s procuratorates to present a
protest shall be changed to three days from the ten days provided in Article
131 of the Criminal Procedure Law.

    Appendix:
The Relevant Articles in the Criminal Procedure Law

    Article 110  After a people’s court has decided to open a court session,
it shall proceed with the following work:

    ……

    (2) to deliver to the defendant a copy of the bill of prosecution of the
people’s procuratorate no later than seven days before the opening of the
court session and inform the defendant that he may appoint a defender or, when
necessary, designate a defender for him;

    (3) to notify the people’s procuratorate of the time and place of the
court session three days before the opening of the session;

    (4) to summon the parties and notify the defenders, witnesses, expert
witnesses and interpreters, with the summons and notices to be delivered no
later than three days before the opening of the court session;

    ……

    Article 131  The time limit for an appeal or a protest against a judgment
shall be ten days and the time limit for an appeal or a protest against an
order shall be five days; the time limit shall be counted from the day after
the written judgment or order is received.






REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON CHINESE-FOREIGN EQUITY JOINT VENTURES






19860115

The State Council

Regulations for the Implementation of the Law of the People’s Republic of China on Chinese-foreign Equity Joint Ventures

the State Council

September 20, 1983

Chapter I General Provisions

Article 1

These Regulations are formulated with a view to facilitating the smooth implementation of the Law of the People’s Republic of China
on Chinese-foreign Equity Joint Ventures (hereinafter referred to as the Law on Chinese-foreign Equity Joint Ventures).

Article 2

Chinese-foreign equity joint ventures (hereinafter referred to as joint ventures) established within China’s territory in accordance
with the Law on Chinese-foreign Equity Joint Ventures are legal persons in China and are subject to the jurisdiction of Chinese laws
and enjoy protection thereof.

Article 3

Joint ventures established within China’s territory shall be able to promote the development of China’s economy and the raising of
scientific and technological levels for the benefit of socialist modernization. Joint ventures permitted to be established are mainly
in the following industries:

(1)

energy development, the building material, chemical and metallurgical industries;

(2)

machine manufacturing, instrument and meter industries and offshore oil exploitation equipment manufacturing;

(3)

electronics and computer industries, and communication equipment manufacturing;

(4)

light, textile, foodstuffs, medicine, medical apparatus and packaging industries;

(5)

agriculture, animal husbandry and aquiculture;

(6)

tourism and service trades.

Article 4

Joint ventures to be applied for their establishment shall lay stress on economic results and shall comply with one or several of
the following requirements:

(1)

they shall adopt advanced technical equipment and scientific managerial methods which help increase the variety, improve the quality
and raise the output of products and save energy and materials;

(2)

they shall prove to be conducive to technical renovation of enterprises and be able to bring about quicker returns and bigger profits
with less investment;

(3)

they shall help expand exports and thereby increase foreign currency receipts;

(4)

they shall help train technical and managerial personnel.

Article 5

Application for establishing joint ventures shall not be approved if they involve any of the following circumstances:

(1)

detriment to China’s sovereignty;

(2)

violation of Chinese Law;

(3)

nonconformity with the requirements of the development of China’s national economy;

(4)

environmental pollution;

(5)

obvious inequity in the agreements, contracts and articles of association signed, impairing the rights and interests of one of the
parties.

Article 6

Unless otherwise stipulated, the government department in charge of the Chinese joint venturer in a joint venture shall be the department
in charge of the joint venture (hereinafter referred to as the department in charge). If a joint venture has two or more Chinese
joint venturers which are under different departments or from different regions, the departments and regions concerned shall, through
consultation, designate a department in charge.

Departments in charge are responsible for providing guidance and assistance and exercising supervision over the joint ventures.

Article 7

A joint venture has the right to independently conduct business operations and management within the scope as prescribed by Chinese
laws and regulations, and by the agreement, contract and articles of association of the joint venture. The departments concerned
shall provide support and assistance.

Chapter II Establishment and Registration

Article 8

The establishment of a joint venture in China is subject to examination and approval by the Ministry of Foreign Economic Relations
and Trade of the People’s Republic of China (hereinafter referred to as the MOFERT). Upon approval, an Approval Certificate shall
be issued by the MOFERT.

The MOFERT may entrust the people’s governments in the related provinces, autonomous regions, and municipalities directly under the
Central Government or relevant ministries or bureaus under the State Council (hereinafter referred to as the entrusted office) with
the power to examine and approve the establishment of joint ventures that comply with the following conditions:

(1)

the total amount of investment is within the limit set by the State Council and the source of capital of the Chinese venturers has
been ascertained;

(2)

no additional allocation of raw materials by the State is required and the national balance as to fuel, power, transportation and
foreign trade export quotas is not affected.

The entrusted office, after approving the establishment of a joint venture, shall report the same to the MOFERT for the record. An
Approval Certificate shall be issued by the MOFERT.

(The MOFERT and the entrusted office will hereinafter be generally referred to as the examining and approving authorities.)

Article 9

The following procedures shall be followed in the establishment of a joint venture:

(1)

it is the Chinese joint venturer in a joint venture that shall submit to its department in charge a project proposal and a preliminary
feasibility study report of the joint venture to be established with foreign joint venturer. The proposal and the preliminary feasibility
study report. upon examination and approval by the department in charge, shall be submitted to the examining and approving authorities
for final approval. The parties to the venture shall then conduct work centering around the feasibility study, and then proceed on
this basis, to negotiate and sign joint venture agreement, contract and articles of association;

(2)

when applying for the establishment of a joint venture, the Chinese joint venturer is responsible for the submission of the following
documents to the examining and approving authorities:

(a)

a written application for the establishment of the joint venture;

(b)

the feasibility study report jointly prepared by the parties to the venture;

(c)

joint venture agreement, contract and articles of association signed by representatives authorized by the parties to the venture;

(d)

list of candidates for chairman and vice-chairman of board of directors and directors nominated by the parties to the venture;

(e)

written opinions concerning the establishment of the said venture of the department in charge and the people’s government of the province,
autonomous region or municipality directly under the Central Government where the joint venture is located.

The aforesaid documents shall be written in Chinese. Documents (b), (c) and (d) may be written simultaneously in a foreign language
agreed upon by the parties to the joint venture. Both versions are equally authentic.

Article 10

Upon receipt of the documents stipulated in Article 9 (2). the examining and approving authorities shall, within 3 months, decide
whether to approve or disapprove them. Should anything inappropriate be found in any of the aforementioned documents, the examining
and approving authorities shall demand an amendment within a limited time. Otherwise, no approval shall be granted.

Article 11

The applicant shall, within one month as of the receipt of the Approval Certificate, register with the administrative department for
industry and commerce of the province, autonomous region or municipality directly under the Central Government in accordance with
the provisions of the Measures of the People’s Republic of China for the Administration of the Registration of Chinese-foreign Equity
Joint Ventures (hereinafter referred to as registration administration office). The date of the issuance of its business licence
is the date of the formal establishment of the joint venture.

Article 12

Any foreign investor who intends to establish a joint venture in China but is unable to find a specific co-operator in China may submit
a preliminary plan for the joint venture project and entrust the China International Trust and Investment Corporation (CITIC) or
a trust and investment corporation of a province, autonomous region or municipality directly under the Central Government, or a relevant
government department or a non-governmental organization, to recommend Chinese co-operators.

Article 13

The “joint venture agreement” mentioned in this Chapter refers to the document agreed upon by the parties to the joint venture on
some major points and principles governing the establishment of the joint venture.

“Joint venture contract” refers to the document agreed upon and concluded by the parties to the joint venture on their mutual rights
and obligations.

“Articles of association” refers to the document agreed upon by the parties to the joint venture specifying the purpose, organizational
principles and method of management of the joint venture in compliance with the principles of the joint venture contract.

Where the joint venture agreement comes into conflict with the contract, the latter shall prevail.

The parties to the joint venture may agree to sign the contract and articles of association only, without signing an agreement.

Article 14

A joint venture contract shall include the following main items:

(1)

the names, the countries of registration, the legal addresses of parties to the joint venture, and the names, positions and nationalities
of the legal representatives thereof;

(2)

name of the joint venture, its legal address, purpose and the scope and scale of business;

(3)

total amount of investment and registered capital of the joint venture, amount, proportion and forms of investment to be contributed
by each party to the joint venture, the time limit for contributing investment, stipulations concerning incomplete contributions,
and assignments of investments;

(4)

the proportion of profit to be shared and losses to be borne by each party;

(5)

the composition of the board of directors, the distribution of the number of directors, and the responsibilities, powers and means
of employment of the general manager, deputy general manager and high-ranking managerial personnel;

(6)

the main production equipment and technology to be adopted and their source of supply;

(7)

the ways and means of purchasing raw materials and selling finished products, and the ratio of products sold within Chinese territory
to those sold abroad;

(8)

arrangements for receipts and expenditures in foreign currency;

(9)

principles governing the handling of finance, accounting and auditing;

(10)

stipulations concerning labour management, wages, welfare, and labour insurance;

(11)

the duration of the joint venture, its dissolution and the procedures for liquidation;

(12)

the liabilities for breach of contract;

(13)

ways and procedures for settling disputes between the parties to the joint venture;

(14)

the language(s) used for the contract and the conditions for putting the contract into force.

The Attachment to the contract of a joint venture shall be equally authentic as the contract itself.

Article 15

Chinese laws shall apply to the conclusion, validity, interpretation and execution of a joint venture contract, as well as to the
settlement of disputes.

Article 16

The Articles of association of a joint venture shall include the following main items:

(1)

the name of the joint venture and its legal address;

(2)

the purpose, business scope and duration of the joint venture;

(3)

the names, countries of registration and legal addresses of parties to the joint venture, and the names, positions and nationalities
of the legal representatives thereof;

(4)

the total amount of investment, registered capital of the joint venture, each party’s investment proportion, stipulations concerning
the assignment of investment, the proportions of profit distribution and losses to be borne by parties to the joint venture;

(5)

the composition of the board of directors, its responsibilities, powers and rules of procedure, the term of office of the directors,
and the responsibilities of its chairman and vice-chairman;

(6)

the setting up of management organizations, rules for handling routine affairs, the responsibilities of the general manager, deputy
general manager and other high-ranking managerial personnel, and the method of their appointment and dismissal;

(7)

principles governing financial, accounting and auditing systems;

(8)

dissolution and liquidation;

(9)

procedures for amendment of the articles of association.

Article 17

The agreement, contract and articles of association shall come into force upon approval by the examining and approving authorities.
The same applies to amendments thereof.

Article 18

The examining and approval authorities and the registration administration office are responsible for supervising and checking on
the execution of the joint venture contracts and articles of association.

Chapter III Form of Organization and Registered Capital

Article 19

A joint venture is a limited liability company.

Each party to the joint venture is liable to the joint venture within the limit of the capital subscribed by it.

Article 20

The total amount of investment (including loans) of a joint venture refers to the sum of capital construction funds and the circulating
funds needed for the joint venture’s production scale as stipulated in the contract and the articles of association of the joint
venture.

Article 21

The registered capital of a joint venture refers to the total amount of investment registered at the registration administration office
for the establishment of the joint venture. It shall be the total amount of investment subscribed by parties to the joint venture.

The registered capital shall generally be represented in Renminbi, or may be in a foreign currency agreed upon by the parties to the
joint venture.

Article 22

A joint venture shall not reduce its registered capital during the term of the joint venture.

Article 23

If one party to the joint venture intends to assign all or part of its investment subscribed to a third party, consent shall be obtained
from the other party to the joint venture, and approval from the examining and approving authorities is required.

When one party assigns all or part of its investment to a third party, the other party has pre-emptive right.

When one party assigns its investment subscribed to a third party, the terms of assignment shall not be more favourable than those
to the other party to the joint venture.

No assignment shall be effective should there be any violation of the above stipulations.

Article 24

Any increase, assignment or other disposal of the registered capital of a joint venture shall be approved at a meeting of the board
of directors and submitted to the original examining and approving authorities for approval.

Registration procedures for changes shall be handled at the original registration administration office.

Chapter IV Ways of Contributing Investment

Article 25

Each joint venturer may invest in cash or may contribute buildings, factory premises, equipment or other materials, industrial property,
proprietary technology, or right to the use of a site, appraised at appropriate prices, as investment. If the investment is in the
form of buildings, premises, equipment or other materials, industrial property or proprietary technology, the prices shall be determined
through consultation by the parties to the joint venture on the basis of fairness and reasonableness, or they shall be evaluated
by a third party accepted and invited by the parties to the joint venture.

Article 26

The foreign currency contributed by the foreign joint venturer shall be converted into Renminbi according to the exchange rate quoted
by the State Administration of Foreign Exchange Control of the People’s Republic of China (hereinafter referred to as the State Administration
of Foreign Exchange Control) on the day of its submission or be cross exchanged into the foreign currency as agreed upon.

Should the cash Renminbi contributed by the Chinese joint venturer be converted into foreign currency, it shall be converted according
to the exchange rate quoted by the State Administration of Foreign Exchange Control on the day of its submission.

Article 27

The machinery, equipment and other materials contributed as investment by the foreign joint venturer shall meet the following conditions:

(1)

they are indispensable to the production of the joint venture;

(2)

China is unable to manufacture them, or can manufacture them only at too high a price, or their technical performance and time of
availability cannot meet the requirement;

(3)

the price fixed shall not be higher than the current international market price for similar equipment or materials.

Article 28

The industrial property or proprietary technology contributed by the foreign joint venturer as investment shall meet one of the following
conditions:

(1)

capable of manufacturing new products urgently needed in China or products suitable for export;

(2)

capable of markedly improving the performance, quality of existing products and raising productivity;

(3)

capable of notably saving raw materials, fuel or power.

Article 29

Foreign joint ventures who contribute industrial property or proprietary technology as investment shall present relevant documentation
on the industrial property or proprietary technology, including photocopies of the patent certificates or trademark registration
certificates, statements of validity, their technical characteristics, practical value, the basis for calculating the price and the
price agreement signed with the Chinese joint ventures. All these shall serve as an Attachment to the contract.

Article 30

The machinery, equipment or other materials, industrial property or proprietary technology contributed by foreign joint venturer as
investment shall be examined and approved by the department in charge of the Chinese joint venturer and then submitted to the examining
and approving authorities for further approval.

Article 31

The parties to the joint venture shall pay in all the investment subscribed according to the time limit stipulated in the contract.
Delay in payment or partial delay in payment shall be subject to a payment of investment on arrears or a compensation for the loss
as defined in the contract.

Article 32

After the investment is paid by the parties to the joint venture, a Chinese registered accountant shall verify it and provide a certificate
of verification, in accordance with which the joint venture shall issue to them investment certificates, which include the following
items: name of the joint venture; date, month and year of the establishment of the joint venture; names of the joint venturers and
the investment contributed; date, month and year of the contribution of the investment; and date, month and year of the issuance
of investment certificates.

Chapter V Board of Directors and Management Structure

Article 33

The highest authority of the joint venture shall be its board of directors, which shall decide all major issues concerning the joint
venture.

Article 34

The board of directors shall consist of no less than three members. The distribution of the number of directors shall be determined
through consultation by the parties to the joint venture with reference to the proportions of investment contributed.

The directors shall be appointed by the parties to the joint venture. The chairman of the board shall be appointed by the Chinese
joint venturer and its vice-chairman by the foreign joint venturer.

The term of office for the directors is four years. Their term of office may be renewed with the re-appointment by the parties to
the joint venture.

Article 35

The board of directors shall convene at least one meeting every year.The meeting shall be called and presided over by the chairman
of the board. Should the chairman be unable to call the meeting, he shall authorize the vice-chairman or a director to call and preside
over the meeting. The chairman may convene an interim meeting on the suggestion of more than one-third of the directors.

A board meeting requires a quorum of over two-thirds of the directors. Should a director be unable to attend, he may make a proxy
authorizing someone else to represent him and vote in his stead.

A board meeting shall usually be held at the location of the joint venture’s legal address.

Article 36

Decisions on the following items shall be made only after being unanimously agreed upon by the directors present at the board meeting:

(1)

amendment to the articles of association of the joint venture;

(2)

suspension or dissolution of the joint venture;

(3)

increase in or assignment of the registered capital of the joint venture;

(4)

merger of the joint venture with other economic organization.

Decision on other matters may be made according to the rules of procedure stipulated in the articles of association.

Article 37

The chairman of the board is the legal representative of the joint venture. Should the chairman be unable to perform his duties, he
shall authorize the vice-chairman of the board or a director to represent the joint venture.

Article 38

A joint venture shall establish a management office which shall be responsible for the day-to-day management and operations. The management
office shall have a general manager and several deputy general managers who assist the general manager in his work.

Article 39

The general manager shall carry out the decisions of the board meeting and organize and conduct the day-to-day management and operations
of the joint venture. Within the scope of authorization by the board, the general manager shall, externally, represent the joint
venture, and internally, have the right to appoint and dismiss his subordinates and exercise other powers as authorized by the board.

Article 40

The general manager and deputy general managers shall be engaged by the board of directors of the joint venture. These positions may
be held either by Chinese or foreign citizens.

At the instance of the board of directors, the chairman, vice-chairman or other directors of the board may concurrently be the general
manager, deputy general managers or other high-ranking managerial personnel of the joint venture.

In handling major issues, the general manager shall consult with the deputy general managers.

The general manager or deputy general managers shall not hold posts concurrently as general manager or deputy general managers of
other economic organizations. They shall not get involved in other economic organizations’ commercial competition against their own
joint venture.

Article 41

In case of graft or serious dereliction of duty on the part of the general manager, deputy general managers or other high-ranking
managerial personnel, they may be dismissed at any time by a decision of the board of directors.

Article 42

Establishment of branch offices (including sales offices) outside China or in regions of Hong Kong or Macao is subject to approval
by the MOFERT.

Chapter VI Introduction of Technology

Article 43

The introduction of technology mentioned in this Chapter refers to the acquisition of necessary technology by the joint venture by
means of technology transfer from a third party or a joint venturer.

Article 44

The technology to be introduced to the joint venture shall be appropriate and advanced and enable the venture’s products to display
conspicuous social economic results domestically or to be competitive on the international market.

Article 45

The right of the joint venture to do business independently shall be maintained when concluding such technology transfer agreements,
and relevant documentations shall be provided by the technology exporting party with reference to the provisions of Article 29 of
these Regulations.

Article 46

The technology transfer agreements concluded by a joint venture shall be examined and agreed to by the department in charge of the
joint venture and then submitted for approval to the examining and approving authorities.

Technology transfer agreements shall comply with the following stipulations:

(1)

Fees for the use of technology shall be fair and reasonable. Payments are generally made in royalties, and the royalty rate shall
not be higher than the obtaining standard international rate, which shall be calculated on the basis of net sales of the products
turned out with the relevant technology or in other reasonable ways agreed upon by both parties.

(2)

Unless otherwise agreed upon by both parties, the technology exporting party shall not put any restrictions on the quantity, price
or region of sale of the products that are to be exported by the technology importing party.

(3)

The term for a technology transfer agreement is generally not longer than 10 years.

(4)

After the expiration of a technology transfer agreement, the technology importing party shall have the right to continue to use the
technology.

(5)

Conditions for mutual exchange of information on the improvement of technology by both parties of the technology transfer agreement
shall be reciprocal.

(6)

The technology importing party shall have the right to buy the equipment, parts and raw materials needed from sources they deem suitable.

(7)

No irrational restrictive clauses prohibited under Chinese law and regulations shall be included.

Chapter VII Right to the Use of Site and Fees

Article 47

Joint ventures shall practise economy in the use of land for their premises. Any joint venture requiring the use of a site shall file
an application with local departments of the municipal (county) government in charge of land and obtain the right to use a site after
securing approval and signing a contract. The acreage, location, purpose and contract period and fee for the right to use a site
(hereinafter referred to as site use fee), rights and obligations of the two contracting parties and penalty provisions for breach
of contract shall be stipulated in explicit terms in the contract.

Article 48

If the Chinese joint venturer already has the right to the use of site for the joint venture, it may use the right as part of its
investment. The monetary equivalent of this investment shall be the same as the site use fee otherwise paid for acquiring a site
of similar conditions.

Article 49

The standards for site use fee shall be set by the people’s government of the province, autonomous region or municipality directly
under the Central Government where the joint venture is located in the light of the purpose of use, geographic and environmental
conditions, expenses for requisition, demolition and resettlement and the joint venture’s requirements for infrastructure, and filed
with the MOFERT and the state department in charge of land for the record.

Article 50

Joint ventures engaged in agriculture and animal husbandry may, with the consent of the people’s government of the province, autonomous
region or municipality directly under the Central Government, pay a percentage of the joint venture’s revenues from its business
operations as site use fees to the local department in charge of land.

Projects of a development nature in economically under-developed areas may receive special preferential treatment in respect of site
use fees with the consent of the local people’s government.

Article 51

The rates of site use fees shall not be subject to adjustment in the first 5 years beginning from the day the land is used. After
that, the interval in between the necessary adjustments to be made according to the development of the economy, changes in supply
and demand, and changes in geographic and environmental conditions shall not be less than three years.

Site use fee as part of the investment by the Chinese joint venture shall not be subject to adjustment during the contract period.

Article 52

The fee for the right to the use of a site obtained by a joint venture according to Article 47 of these Regulations shall be paid
annually from the day to use the land stipulated in the contract. For the first calendar year, the venture will pay a half-year fee
if it has used the land for over 6 months; if less than 6 months, the site use fee shall be exempted. During the contract period,
if the rate of site use fee is adjusted, the joint venture shall pay it according to the new rate from the year of adjustment.

Article 53

Joint ventures that have permission to use a site shall only have the right to the use of it but no ownership. Assignment of the right
to use land is forbidden.

Chapter VIII Planning, Purchasing and Selling

Article 54

A joint venture shall work out a capital construction plan (including labour force required for the construction, building materials,
water, power and gas supply) according to the approved feasibility study report, and the plan shall be included in the capital construction
plan of the department in charge of the joint venture, which shall give priority in arranging supplies and ensured the execution
of the plan.

Article 55

Funds earmarked for capital construction of a joint venture shall be put under unified management of the bank where the venture has
opened an account.

Article 56

A joint venture shall work out a production and operating plan in accordance with the scope of operation and scale of production stipulated
in the contract. The plan shall be carried out with the approval of the board of directors and filed with the department in charge
of the joint venture for the record.

Departments in charge of the joint ventures and planning administration departments at all levels shall not prescribe mandatory production
and operation plans for joint ventures.

Article 57

In its purchase of required machinery, equipment, raw materials, fuel, parts, means of transport and office equipment, etc. (hereinafter
referred to as materials), a joint venture has the right to decide whether it buys them in China or from abroad. However, where t

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
in Chinese-foreign Equity Joint Ventures” (hereinafter referred to as “Management Provisions”) and to facilitate the development
of Chinese-foreign equity joint ventures (hereinafter referred to as “joint ventures”).

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
the venture and the local labour personnel department and shall be brought into line with the state labour plan.

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
of the State in the region defined by the labour personnel department and shall be selected for employment on the basis of their
qualifications through testing.

If the newly-recruited workers have to undergo training, the joint venture may fix a period of time for training according to its
needs. All the trainees must be tested by the joint venture at the end of the training period and selected for employment on the
basis of their qualifications. Those still unqualified shall be retrained or sent back.

Article 3

If the engineers technicians and managing personnel in the locality cannot satisfy the quantitative needs of the joint venture, the
joint venture may recruit them from outside the region upon approval by the labour personnel department in the relevant province,
municipality or autonomous region and with the consent of the labour personnel departments in the regions concerned.

The joint venture may fix a probation period for the newly-recruited personnel and the personnel recommended by the department in
charge of the venture or the local labour personnel department in line with the Article 3 of the Management Provisions. They must
be formally employed if they are proved to be qualified during the probation period. Those unqualified shall be sent back and should
be accepted by their original units if they are permanent staff and workers.

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
from among Chinese people, provided the Chinese side can provide the qualified Chinese people.

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
matters listed in the first clause of the Article 2 of the Management Provisions shall stipulate the effective period of contract,
conditions for its modification and termination and the rights and obligations of the venture and its staff and workers.

The labour contract shall be concluded by the joint venture and the venture’s trade union organization through consultations (or by
the joint venture and representatives of its staff and workers if the trade union is not yet organized). and in accordance with Article
2 of the Management Provisions the contract shall be submitted to the labour personnel department in the province, municipality
or autonomous region for approval. The labour personnel department in the province, municipality or autonomous region may authorize
the labour personnel department in the county where the venture is located to ratify the contract.

The joint venture may sign a collective labour contract with the venture’s trade union organization or sign contracts with individual
staff and workers. Once a contract is signed it should be observed by both sides. The modification of a contract at the request of
one side must be agreed upon by both sides and submitted for approval to the original approving organ.

In addition to the labour contracts, the joint venture may sign labour service contracts with the units which provide personnel or
the local labour service companies on recruitment, employment and dismissal of workers and staff.

Article 6

The joint venture shall strengthen the work of regularly training the staff and workers to improve their technical skills. Expenses
incurred in training may be handled in accordance with the “Supplementary Circular on the Interim Provisions for Control and Spending
of Educational Funds for Staff and Workers” issued by the Ministry of Finance in 1982.

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
other reasons during the contractual period, it must notify the venture’s trade union organization and the dismissed staff and workers
one month before the dismissal. The dismissal decision shall be submitted for the record to the department in charge of the venture
and the local labour personnel department.

Workers and staff should not be dismissed during the period of their treatment or recuperation for industrial injury and occupational
diseases or during the period of their treatment at hospitals for illness and injury irrelevant to their work. Women workers and
staff also should not be dismissed during their pregnancy over six months or during maternity leave.

The joint venture should give compensation to those workers and staff who are dismissed during the period of the labour contract or
after the expiration of the contract according to their length of work in the venture. The dismissed worker may be paid one month
of the average wage of the venture for each full year’s work. Those who have worked more than 10 years shall be paid one-and-half
months of the average wage of the venture for each full year’s work, starting from the 11th years.

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
application to the venture through their trade union organization one month before their resignation. The venture shall permit the
resignations of workers and staff who have just reasons, but shall not give them compensation.

If the workers and staff, who received training provided by the venture want to resign during the contractual period, they shall compensate
the venture for an agreed amount of the expenses incurred in their training.

Article 9

The joint venture shall give moral encouragement or material reward to those workers and staff who observe the venture’s rules and
regulations in an exemplary way and make fine achievements in fulfilling their tasks of production or other work, carrying on technical
innovation and improving management. Those who have made outstanding achievements shall be promoted or their wage levels increased.
The decision for such awards shall be made by the general manager and vice-general managers.

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 rules, regulations or labour discipline with adverse effects to the joint venture necessary, may impose a fine or economic sanction.
Those who commit serious mistakes and refuse to mend their ways despite repeated admonition may be expelled.

The sanctions shall be decided upon by the general manager and vice-general managers after seeking opinion from the venture’s trade
union organization and listening to the argument from the persons concerned. The sanction of discharge must be reported to the department
in charge of the venture and the labour personnel department for the record.

Article 11

When the joint venture administers reward or punishment to those workers and staff appointed by the administrative organs of the government,
the power and procedures for the ratification shall be handled in accordance with the “Interim Provisions of the State Council on
Awarding and Punishment of Personnel in the State Administrative Organs” issued in 1957.

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
Provisions. The increase in wages shall be decided upon by the board of directors in the light of the regulations of contract, articles
of association and the state of the venture’s production and management. It is not necessary to keep to the scales set by state-run
enterprises.

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
of the Management Provisions means the average wages of the workers and staff in the state-run enterprises in the locality in the
same line of business and with similar production scales and technical conditions. The concrete amounts of the wages shall be examined
and approved by the local labour personnel department together with the financial department and the department in charge of the
venture.

Workers and staff who leave a joint venture and join another unit shall be paid in accordance with the system of wage standards, bonuses
and subsidies of the unit.

Article 13

The joint venture must pay the Chinese workers and staff, in accordance with Article 11 of the Management Provisions, labour insurance,
welfare benefits and various government subsidies on house rent, prices of basic daily necessities, culture, education, health protection,
etc. for staff and workers. The amount of these funds shall be examined and approved by the labour personnel department in the province,
municipality or autonomous region together with the financial department and the department concerned, and readjusted in line with
changes in the standards of the labour insurance, welfare benefits and various government subsidies in state-run enterprises.

The labour insurance welfare benefits of a joint venture paid to the Chinese participants in a joint venture shall be used under the
supervision of the venture’s trade union organization. The subsidies shall be handled according to the relevant regulations of the
government.

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
regulations of the Chinese government for state-run enterprises. The joint venture may express its opinion on the clauses or items
in the regulations if it considers them unsuitable and may make proposals which shall be implemented after approval by the labour
personnel department in the province, municipality or autonomous region for ratification with the consent of the financial department
and the trade union at the same level.

Article 15

The joint venture should pay attention to strengthening labour protection for its staff and workers and appoint proper and sufficient
personnel in charge of the labour protection work. Effective measures must be taken to improve the labour conditions of the staff
and workers and ensure safety in production and civilized production. The expenses in this field may be settled in accordance with
the “Circular On Strengthening Protection from Silicon Dust and Toxic Materials” issued by the State Planning Commission in 1973.

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
state-run enterprises. It must distribute labour protection appliances to the staff and workers with reference to the standards in
state-run enterprises.

Article 17

When staff and workers die or suffer injuries from industrial accidents or sustain severe occupational poisoning and other injurious
occupational accidents, the joint venture shall report the matter promptly to the department in charge of the venture and local labour
personnel department and trade union organization, and accept their investigation and treatment.

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

Regulations of the PRC 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
relevant provisions of the Economic Contract Law of the People’s Republic of China.

   Article 2. The property insurance referred to in the present Regulations includes various kinds of insurance on either
property or interest as the subject matter of insurance, such as property insurance, agricultural insurance,
liability insurance, surety bond, credit insurance etc.

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
be owner or the operating manager of the insured property or a person who has an insurable interest in the subject
matter insured. In applying to the Insurer for the conclusion of a contract of insurance, the applicant shall
be obligated to pay the insurance premium.

   Article 4. The parties to the contract of insurance applying to the organ for control of contracts for reconciliation or
arbitration in accordance with the provisions of Article 50 of the Economic Contract Law of the People’s Republic
of China shall make their submission within a period of one year from the date on which the incidence of an insured
event is known or ought to be known by them.

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
by filling in an application and agrees with the Insurer on the method of payment of insurance premium and when
the Insurer signifies acceptance of the said application form by affixing his seal thereto. The Insurer shall
issue a policy or a certificate of insurance to the applicant in good time in accordance with the contract of
insurance.

   Article 6. An applicant may conclude an open cover with the Insurer, and the Insurer shall, in witness thereof issue an open policy
to the applicant according to the contract of insurance.

The open cover shall stipulate the scope of cover, the range of property insured, the maximum amount of insurance each
risk or at each place and the method of settling premium, etc.

During the currency of the open cover, the insured shall declare to the Insurer in writing, in good time each
and every risk falling within the scope of the open cover according to the stipulations. The Insurer shall treat
each written declaration by the Insured as a part of the open cover and shall be liable therefor in accordance with the
contract of insurance. The Insurer shall be enpost_titled to verify the contents of the declarations, and in case of any omission,
the Insured shall rectify it by filing the omitted declaration or declarations. The Insured may ask the Insurer to
issue a separate policy for any one risk declared.

   Article 7. At the time a contract of insurance is concluded, the Insurer shall advise the Insured of all matters related
to the way of effecting insurance, and the Insured shall, as required by the Insurer, disclose all material circumstances
which the Insurer requires to know in deciding whether or not to accept the risk or the premium to be charged.

Should, after the conclusion of the contract of insurance, there be any non-disclosure, concealment or misrepresentation
by the Insured of the material circumstances mentioned in the preceeding paragraph the Insurer shall be enpost_titled
to rescind the contract of insurance or disclaim liability.

   Article 8. The Insurer shall not be liable for any loss of or damage to the insured property in consequence of an insured event
caused by any intentional act of the Insured.

   Article 9. The contents of a contract of insurance may be altered by agreement between the Insured and the Insurer during the currency
thereof. Any agreement on the alteration of the contract of insurance shall be certified to by the Insurer
by endorsing the policy or the certificate of insurance or by affixing an endorsement thereto.

   Article 10. Once a contract of insurance is concluded, the Insurer shall not terminate it during its currency. In case the
contract of insurance is terminated by the Insurer prior to its expiry pursuant to law or to the agreement of the
contract of insurance, the premium to be calculated pro rata daily for the unexpired period shall be refunded to the
Insured.

When the contract is terminated at the request of the Insured, the Insurer shall be enpost_titled to charge the premium calculated
on the basis of the short period rating schedule set by the State Insurance Supervisory Authority for the time
the contract has been in force, and refund to the Insured the premium paid by him.

In no case can the insured ask for termination of cargo transportation insurance and insurance on conveyances
for voyages once they commence and for refund of premium, unless otherwise stipulated in the contract of insurance.

   Article 11. With the exception of the cargo transportation policy or certificate of insurance which may be transferred by the
Insured by endorsement without the necessity of obtaining the approval of the Insurer the insurance shall terminate
at the time of the transfer, assignment or sale of the subject-matter insured unless prior written notice is given
to the Insurer and his consent obtained, with the policy or the certificate of insurance duly endorsed.

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,
depending on specific circumstances either require the Insured to pay the premium due with interest or terminate the
contract of insurance. In case of termination of the contract, the Insurer shall remain enpost_titled to require
the Insured to pay the full amount of the premium in arrears and the interest due hereon before the contract is terminated.

   Article 13. The Insured shall safeguard the safety of workers and the insured property by observing the relevant rules and regulations
on fire-fighting, safety, productive operation and labour protection.

The Insurer shall be enpost_titled to make inspections as to the security condition of the insured property, and shall,
in case of any potential unsafe factors being discovered, make reasonable recommendation to the Insured in good time
for the removal thereof and the Insured shall take measures to eliminate them without delay, failing which he shall be liable
for any less arising from an insured event caused thereby, and the Insurer shall exenterate himself from liability.

   Article 14. In case of any change in the use of the insured property or increase in the risk exposure, the INsured shall immediately
notify the Insurer in writing and shall pay an additional premium according to stipulations when so required.
If the Insured fails to do so, the Insurer shall not be held liable for any loss arising from an insured event resulting
therefrom.

   ARticle 15. Upon the incidence of an insured event, the Insured shall take all necessary measures to prevent aggravation of the loss
and shall notify the Insurer immediately of full details of the event. If the Insured fails to take such measures,
the Insurer shall be enpost_titled to repudiate liability for any loss so aggravated.

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
for loss of or damage to the subject matter insured or for liability caused by or arising from an insured event.

Unless otherwise agreed, the liability of the Insurer for compensation is for loss or damage actually suffered
by the Insurer at the time of an insured event subject to a maximum not exceeding the insured amount of the subject-matter
insured. If there are separate items with separate insured amounts the insurer’s maximum liability shall not exceed the
insured amount of each item of the subject-matter insured.

In compensating for loss of or damage to the insured property, the Insurer shall deduct from the amount of compensation
the salvage value of such property and the amount recovered by the Insured from third parties.

   Article 17. The Insurer will according to the stipulations of the contract of insurance be liable for reasonable costs necessarily
incurred by the Insured for salving, safeguarding, reconditioning or litigation to mitigate a loss within the
scope of cover and for reasonable expenses incurred for inspecting, assesing or selling of the damaged subject-matter
insured for the purpose of ascertaining the loss falling under the scope of cover, provided that such costs and expenses
shall not exceed the sum insured.

   Article 18. The Insured shall when lodging a claim submit to the Insurer a statement of claim and statements for salvage charges,
etc. as well as necessary accounts, vouchers and documentary evidence. Upon receipt of the documents for such claim, the
Insurer shall decide whether or not to admit liability, and where an agreement on the amount payable is reached
with the Insured, shall effect payment within ten days from the date of such agreement. In case of failure to pay within
the prescribed time, the Insurer shall be liable for breach of the contract and subject to a penalty commencing from
the eleventh day following the date on which the amount of indemnity is determined, according to the interest rate then
prevailing for short term loans to enterprises as set by the People’s Bank of China.

   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
shall file a claim with such third party. The Insurer may make compensation in advance according to the provisions of the
contract if the Insured claims against him, in such case, however, the Insured shall subrogate to the Insurer the right of
recovery against the third party and assist the latter in pursuing such recovery.

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.

    






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
of Offshore Petroleum



(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

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
branches and sub-branches.

   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
stationed in China;

(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
in China;

(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.
Where the foreign exchange is in foreign bank-notes, the banknotes shall have to be first sold to the bank at its current buying
rate and the proceeds converted into foreign currency as its current selling rate before the account can be credited. Where a foreign
currency bill is not payable immediately, the amount can be credited to the account only after collection by the bank;

(2) Foreign exchange funds of enterprises operating with overseas Chinese capital or foreign capital or joint Chinese and foreign
capital;

(3) Foreign exchange kept by Chinese state organs, enterprises, establishments and organizations with the approval of the government
department in charge of foreign exchange control;

(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
Office of the Bank of China.

(1) A fixed deposit takes the form of a deposit certificate issued in the name of the depositor and must be established and withdrawn
in its entirety in one lump sum. Maturity may be of 3 months, half a year, 1 year or 2 years. The initial deposit must not be less
than the equivalent of RMB 10, 000. Where the interest rate changes prior to maturity, interest on the deposit shall still be paid
at the rate originally fixed at the time of deposit. If the deposit is renewed after maturity, the interest rate ruling on the date
of renewal is to apply.

(2) A current deposit takes two forms, namely, deposit book and current account. The initial deposit must not be less than the equivalent
of RMB 1, 000. Withdrawals may be made at any time either by presentation of the deposit book or by a withdrawal slip, but no overdraft
is allowed. Approval must be obtained from the bank in case the holder of a current account in China wishes to use cheques because
of special need, but no interest is allowed for current accounts using cheques.

Deposits are restricted to 5 kinds of currencies, namely, the US dollar, Pound sterling, Hongkong dollar, Deutsche mark and Japanese
yen. Deposits in other currencies shall be credited to the account only after the currency concerned has been converted into one
of the aforesaid 5 currencies at the ruling exchange rate.

   Article 5. A request for opening an account for deposit must be accompanied by an identification document, a letter of application and a specimen
signature. If what is established is a fixed deposit, the bank shall issue to the depositor a fixed deposit certificate in depositor’s
name, whereas if it is a current deposit, the bank shall issue to the depositor a deposit book or an advice notifying it of the opening
of the account.

   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
from China. In principle, transfers abroad should be made in the same kind of currency as that deposited. If transfers are made
in any other foreign currency, they shall be dealt with as where foreign exchange is bought and sold by the bank.

The use of a deposit by state organs, organizations, schools state-owned enterprises and establishments, collective urban and rural
economic bodies and enterprises operating with joint Chinese and foreign capital in China shall be in conformity with the foreign
exchange control regulations of the country.

   Article 7. On maturity, a fixed deposit may be withdrawn against the deposit certificate and the specimen signature previously left with the
bank or according to a pre-arranged procedure. A current deposit may be withdrawn against the deposit book and a withdrawal slip
or according to a pre-arranged procedure.

   Article 8. A fixed deposit may be renewed on maturity by presenting the deposit certificate and furnishing the specimen signature to the bank
or according to the pre-arranged procedure. In case a fixed deposit is not withdrawn or renewed on maturity, interest for the period
after maturity shall be calculated at the rate for current deposits ruling on the date of maturity. Where a fixed deposit is withdrawn
before maturity because of special need, the interest paid shall be that for current deposits ruling on the date of withdrawal.

   Article 9. In case of loss of the deposit certificate, deposit book, cheques or signature stamp (seal), the depositor shall immediately file
a written request for stop-payment with the bank against a certificate issued by the depositor’s unit or other documents originally
agreed upon. Upon the bank’s approval, a new deposit document may be issued to the depositor or a new specimen signature allowed
to replace the old one. If a deposit has been withdrawn by other persons prior to receipt by the bank of the request for stop-payment,
the bank shall not bear any responsibility.

   Article 10. On closing an account, the depositor shall return to the bank the deposit book, certificate or unused cheques together with other
related documents, if any.

   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
branches and sub-branches.

   Article 2. An account for deposits may be opened in their own names by foreign nationals, foreign nationals of Chinese descent, overseas Chinese
and Hongkong and Macao compatriots resident abroad or in the Hongkong and Macao regions, persons making short visit in China, foreign
personnel of foreign diplomatic and consular missions and of foreign representations stationed in China, foreign technicians, correspondents,
scholars, experts, seamen, students and trainees resident in the country, and Chinese nationals who are allowed by state regulations
to retain foreign exchange for themselves.

   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
ruling buying rate and the proceeds converted into foreign currency at its ruling selling rate before the account can be credited.
Where a foreign currency bill is not payable immediately, the amount can be credited to the account only after collection by the
bank;

(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
shall be paid at the rate published by the Head Office of the Bank of China. The principal and interest may be remitted abroad on
maturity.

(1) A fixed deposit takes the form of a deposit certificate issued in the name of the depositor and must be established and withdrawn
in its entirety in one lump sum. Maturity may be of 3 months, half a year, 1 year or 2 years. The initial deposit must not be less
than the equivalent of RMB50. Where the interest rate changes prior to maturity, interest on the deposit shall still be paid at
the rate originally fixed at the time of deposit. If the deposit is renewed after maturity, the interest rate ruling on the date
of renewal is to apply.

(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
initial deposit must not be less than the equivalent of RMB20.

(3) Deposits are restricted to 5 kinds of currencies, namely,the US dollar, Pound sterling, Hongkong dollar, Deutsche mark and Japanese
yen. Deposits in other currencies shall be credited to the account only after the currency concerned has been converted into one
of the aforesaid 5 currencies at the ruling exchange rate.

   ARticle 5. A request for opening an account for deposits must be accompanied by a letter of application and a specimen signature. If what
is established is a fixed deposit, the bank shall issue to the depositor a fixed deposit certificate in the depositor’s name, whereas
if it is a current deposit, the bank shall issue to the depositor a deposit book. Persons resident abroad or in the Hongkong and
Macao regions may contact the bank by post and an account for deposits will be opened for them according to arrangements. In such
a case the deposit certificate or deposit book may be kept in the custody of the bank and a certificate of custody shall be issued
to the depositor.

   Article 6. On maturity, a fixed deposit may be withdrawn against the deposit certificate and the specimen signature previously left with the
bank or according to a pre-arranged procedure. A current deposit may be withdrawn against the deposit book and a withdrawal slip
or according to a pre-arranged procedure.

   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
with the special privileges accorded to overseas Chinese remittances according to regulations.

(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
approval of the bank. The currency to be remitted abroad shall, in principle, be of the same kind as that deposited. If another
kind of currency is remitted, the case shall be dealt with as where foreign exchange is bought and sold by the bank.

   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
deposits ruling on the date of withdrawal, while the amount remaining undrawn shall continue to bear interest at the rate allowed
at the time of deposit.

   Article 9. In case of loss of the deposit book, deposit certificate or signature stamp (seal), the depositor shall file a written request with
the bank for stop-payment against his identification certificate or other documents originally agreed upon. Upon the bank’s approval,
a new deposit document may be issued to the depositor or a new specimen signature allowed to replace the old one. If the deposit
has been withdrawn by fraud prior to receipt by the bank of the request for stop-payment the bank shall not bear any responsibility.

   Article 10. On closing an account, the depositor shall return to the bank the deposit book or deposit certificate together with other related
documents, if any.

   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
branches and sub-branches.

   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
stationed in China;

(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
account:

(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,
the account shall be credited only after the bank-notes have been converted into Renminbi at the ruling buying rate for foreign bank-notes.
A foreign currency bill which is not payable immediately shall be credited to the account only after collection by the bank;

(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
calculated at the rate for current deposits published by the People’s Bank of China. Where the depositing unit or individual requires
the use of cheques because of special need, approval must be obtained from the bank, but no interest is allowed for current deposits
using cheques. The initial deposit shall not be less than RMB 1,000 for representative bodies, enterprises and organizations, and
RMB 20 for individuals.

   Article 5. To open an account, the depositor must provide the bank with an identification document a letter of application and a specimen signature
or follow procedures already agreed upon.

   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
to overseas Chinese remittances according to regulations. The funds so transferred or withdrawn are not allowed to be re-deposited
in the account.

(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
exchange control regulations of the country.

   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
an identification certificate or other documents, originally agreed upon. Upon the bank’s approval, a new deposit document may be
issued to the depositor or a new specimen signature allowed to replace the old one. If the deposit has been withdrawn by other persons
prior to receipt by the bank of the stop-payment notice, the bank shall not bear any responsibility.

   ARticle 8. On closing an account, the depositor shall return to the bank the deposit book and unused cheques together with other related documents,
if any.

   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.

    






CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...