1990

MARITIME TRAFFIC SAFETY LAW

Maritime Traffic Safety Law of the People’s Republic of China

    

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II INSPECTION AND REGISTRATION OF VESSELS

CHAPTER III PERSONNEL ON VESSELS AND INSTALLATIONS

CHAPTER IV NAVIGATION, BERTHING AND OPERATIONS

CHAPTER V SAFETY PROTECTION

CHAPTER VI TRANSPORT OF DANGEROUS GOODS

CHAPTER VII RESCUE FROM DISASTERS AT SEA

CHAPTER VIII SALVAGE AND REMOVAL OF SUNKEN AND DRIFTING OBJECTS

CHAPTER IX INVESTIGATION AND HANDLING OF TRAFFIC ACCIDENTS

CHAPTER X LEGAL LIABILITY

CHAPTER XI SPECIAL PROVISIONS

CHAPTER XII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is formulated in order to strengthen the control of maritime traffic; ensure the safety of vessels, installations,
human life and property; and safeguard the rights and interests of the state.

   Article 2. This Law shall apply to all vessels, installations and personnel and to the owners and managers of such vessels
and installations that navigate, berth or operate in the coastal waters of the People’s Republic of China.

   Article 3. The harbour superintendency agencies of the People’s Republic of China shall be the competent authorities responsible
for the unified supervision and administration of traffic safety in the coastal waters.

CHAPTER II INSPECTION AND REGISTRATION OF VESSELS

   Article 4. Vessels and their major equipment relating to navigation safety must have valid technical certificates issued by vessel
inspection departments.

   Article 5. A vessel must have a certificate showing its nationality, a vessel registry certificate or a vessel licence.

CHAPTER III PERSONNEL ON VESSELS AND INSTALLATIONS

   Article 6. Vessels shall be manned with qualified crew members according to a standard quota to ensure the vessels’ safety.

   Article 7. The captain, chief engineer, pilot, engineers, radio and telephone operators and similar personnel on board seaplanes
or submersibles must hold valid job certificates.

All other crew members must undergo specialized technical training required for their work.

   Article 8. In accordance with state provisions, all installations shall be provided with personnel who have mastered the techniques
of collision avoidance, signalling, communications, fire control, life-saving and other operations.

   Article 9. All personnel on vessels and installations must observe relevant rules and regulations concerning maritime traffic safety,
follow the operating rules and ensure the safety of the vessels and installations in navigation, berthing and operations.

CHAPTER IV NAVIGATION, BERTHING AND OPERATIONS

   Article 10. While navigating, berthing or carrying out operations, vessels and installations must abide by the relevant laws,
administrative statutes and rules and regulations of the People’s Republic of China.

   Article 11. Non-military vessels of foreign nationality may not enter the internal waters and harbours of the People’s Republic of
China without the approval of its competent authorities. However, under unexpected circumstances such as critical
illness of personnel, engine breakdown or the vessels being in distress or seeking shelter from weather when they
do not have the time to obtain approval, they may, while entering China’s internal waters or harbours, make an emergency
report to the competent authority and shall obey its directions.

Military vessels of foreign nationality may not enter the territorial waters of the People’s Republic of
China without the approval of the Government of the People’s Republic of China.

   Article 12. Vessels sailing on international routes that enter and leave the harbours of the People’s Republic of China must accept
inspection by the competent authorities. Vessels of Chinese nationality sailing on domestic routes that enter and
leave such harbours must obtain port entry and departure visas.

   Article 13. Vessels of foreign nationality entering and leaving a harbour of the People’s Republic of China, navigating or shifting
berths in the harbour area, or approaching or leaving mooring points or loading spots outside the harbour must be navigated
by a pilot designated by the competent authority.

   Article 14. When entering or leaving harbours or passing through controlled traffic areas, crowded navigable areas or areas
where navigational conditions are restricted, vessels must observe the special regulations promulgated by the Government
of the People’s Republic of China or by the competent authority.

   Article 15. Vessels shall be prohibited from entering or passing through restricted navigation zones unless specially permitted
by the competent authority.

   Article 16. Towing operations on the open sea involving large-sized installations and mobile platforms must undergo towing inspection
conducted by vessel inspection departments and be reported to the competent authority for examination and approval.

   Article 17. If the competent authority finds the actual condition of a vessel to be not in conformity with what is stated
in the vessel’s certificates, it shall have the right to require the vessel to apply for a new inspection or notify
its owner or manager to adopt effective safety measures.

   Article 18. If the competent authority believes that a vessel presents a menace to the safety of a harbour, it shall have the right to
forbid the vessel from entering the harbour or to order it to leave the harbour.

   Article 19. The competent authority shall have the right to forbid a vessel or an installation from leaving the harbour or order it
to suspend its voyage, change its route or cease its operations under any one of the following circumstances:

(1) if it violates any law, administrative statute or other rule or regulation of the People’s Republic of China;

(2) if it is in a condition unsuitable for navigation or towing;

(3) if it is involved in a traffic accident and has not completed the necessary formalities;

(4) if it has not paid the fees that are due or furnished appropriate security to the competent authority or
the department concerned; or

(5) if the competent authority considers that there are other circumstances that will jeopardize or might jeopardize
maritime traffic safety.

CHAPTER V SAFETY PROTECTION

   Article 20. Construction operations to be carried out on the surface or underwater in coastal waters and the demarcation of corresponding
safe operation zones must be reported to the competent authority for examination and approval and must be publicly
announced. Vessels not involved in the construction project may not enter the safe operation zones. The construction
unit may not enlarge such zones without authorization.

When shore lines are to be used in harbour areas or when construction work, including overhead operations, is to be carried
out on the sea surface or underwater in such areas, the plan and a drawing thereof must be submitted to the competent
authority for examination and approval.

   Article 21. The designation of restricted navigation zones in coastal waters must be approved by the State Council or the competent
authority. However, the designation of restricted navigation zones for military purposes shall be approved
by the competent department of the state in charge of military affairs.

The restricted navigation zones shall be announced by the competent authority.

   Article 22. Without the approval of the competent authority, no installations may be established or constructed, nor
may any activities that hinder navigational safety be carried out in harbour areas, anchorages, navigation lanes,
or crowded navigable areas, as well as in navigation routes announced by the competent authority.

With respect to any installations which have been established or constructed in the above-mentioned
areas without authorization, the competent authority shall have the right to order their owners to remove or dismantle
the installations within a given period.

   Article 23. It shall be forbidden to damage navigation aids or navigational facilities. Whoever has damaged navigation
aids or navigational facilities shall immediately report the damage to the competent authority and be liable
for compensation.

   Article 24. Vessels and installations shall promptly make a report to the competent authority if they discover any of the following situations:

(1) if navigation aids or navigational facilities malfunction or become abnormal;

(2) if an obstacle or drifting object jeopardizing the safety of navigation is discovered; or

(3) if there are other abnormal situations jeopardizing the safety of navigation.

   Article 25. No obstacle affecting the efficacy of navigation aids may be erected or installed in areas surrounding the aids. Any lights
in the vicinity of the navigation aids or navigational lanes that jeopardize navigation safety shall be properly screened.

   Article 26. When removing or dismantling installations, salvaging or removing sunken ships or objects, and handling the finishing
operations of underwater projects, no hidden dangers shall be left to menace navigational or operational safety. Before
the aforesaid operations have been properly completed, their owners or managers must be responsible for erecting
markers as required and making an accurate report to the competent authority on the type, shape, size and location
of the obstacle and the depth of water over it.

   Article 27. Safety administration must be strengthened with respect to harbour wharves, mooring points and loading spots outside of
harbour areas as well as ship locks, so that they are always kept in good condition.

   Article 28. To meet the requirements of maritime traffic safety, the competent authority shall fix and adjust traffic control areas
and harbour anchorages. The designation of anchorages outside of harbour areas shall be announced by the competent authority
after the report relative thereto has been submitted to and approved by the higher authority.

   Article 29. The competent authority shall, in accordance with relevant provisions of the state, be responsible for issuing navigational
warnings and navigational notices.

   Article 30. In order to ensure the safety of navigation, berthing and operations, the departments concerned shall maintain
unimpeded communications facilities, ensure distinct and effective navigation aids and navigational facilities and,
in a timely manner, provide offshore meteorological forecasts and necessary books and reference materials
concerning maritime navigation.

   Article 31. When vessels and installations are involved in accidents that jeopardize or may jeopardize traffic safety, the competent
authority shall have the right to take necessary, compulsory measures to deal with the matter.

CHAPTER VI TRANSPORT OF DANGEROUS GOODS

   Article 32. When vessels or installations store, load, unload or transport dangerous goods, they must maintain safe and reliable
equipment and conditions and observe the state provisions governing the control and transport of dangerous goods.

   Article 33. When vessels load and transport dangerous goods, they must go through the procedures for declaration to the competent authority,
and they may not enter or leave the harbour or load or unload until approval has been obtained.

CHAPTER VII RESCUE FROM DISASTERS AT SEA

   Article 34. When vessels, installations or aircraft are in distress, they shall, in addition to issuing distress signals calling
for help, use the quickest method possible to report to the competent authority the time and place of the accident, the
extent of damage, the assistance required and the cause of the accident.

   Article 35. Vessels, installations or aircraft in distress and their owners or managers shall take all effective measures to
organize their own rescue efforts.

   Article 36. When vessels or installations in the vicinity of the scene of an accident receive a distress signal or discover that
people’s lives are endangered, they shall do their best to rescue the people in distress insofar as their own
safety is not seriously endangered, and promptly report to the competent authority the situation at the
scene, their own names, call numbers and positions.

   Article 37. Vessels or installations involved in a collision shall exchange their names, nationalities and ports of registry and do
their best to rescue personnel in distress. The vessels involved may not leave the scene of the accident without authorization,
insofar as their own safety is not seriously endangered.

   Article 38. Upon receiving a request for rescue, the competent authority shall immediately organize a rescue operation.
All units concerned and vessels or installations in the vicinity of the scene must act under the orders of the competent
authority.

   Article 39. When a foreign country intends to dispatch vessels or aircraft into the territorial waters or the airspace over the
territorial waters of the People’s Republic of China to search for and rescue vessels or people in distress, it must
obtain the approval of the competent Chinese. authority.

CHAPTER VIII SALVAGE AND REMOVAL OF SUNKEN AND DRIFTING OBJECTS

   Article 40. With respect to sunken or drifting objects that may affect the safety of navigation and the management of navigation lanes, as
well as those constituting a threat of explosion, the owners or managers thereof shall salvage and remove such objects
within a deadline set by the competent authority. Otherwise, the competent authority shall have the right to
take measures to compel the salvage and removal of the objects, and their owners or managers shall bear all the expenses incurred
thereby.

The provisions of this Article shall not prejudice the rights of the owners or managers of the sunken or drifting objects
to demand compensation from third parties.

   Article 41. No sunken vessels or sunken objects in the coastal waters may be salvaged or dismantled without the approval of the
competent authority.

CHAPTER IX SPECIAL PROVISIONS

   Article 42. Any vessel or installation involved in a traffic accident shall submit a written accident report and relative materials
to the competent authority and accept its investigation and handling of the accident.

While being investigated by the competent authority, the parties involved in the accident and relevant personnel
must give a truthful account of circumstances at the scene of the accident and other relevant information.

   Article 43. In the event of a traffic accident that involves a vessel or installation, the competent authority shall ascertain the cause
of the accident and fix the responsibility for it.

CHAPTER X LEGAL LIABILITY

   Article 44. The competent authority shall, in the light of the circumstances, impose one or more of the following penalties on
anyone who violates this Law:

(1) warnings;

(2) withholding or revoking work certificates; or

(3) fines.

   Article 45. If a party does not accept the penalty of a fine or revocation of his work certificate imposed by the competent authority,
he may bring a suit in a people’s court within 15 days after receiving notification of the penalty. If he neither
brings a suit nor complies with the penalty upon the expiration of that period, the competent authority shall request
the people’s court for compulsory enforcement.

   Article 46. A civil dispute arising from a maritime traffic accident may be settled through mediation by the competent authority. If
the parties are unwilling to have the case mediated or if the mediation is unsuccessful, the parties may bring a
suit in the people’s court. Parties to a case involving foreign interests may also submit the case to an arbitration
agency for mediation, in accordance with the written agreement concluded between them.

   Article 47. Those whose violation of this Law constitutes a crime shall be investigated for their criminal responsibility by
judicial organs in accordance with the Law.

CHAPTER XI SPECIAL PROVISIONS

   Article 48. Within the waters of fishing harbours, the state fisheries administration and fishing harbour superintendency agencies shall
exercise the functions and powers of the competent authority as provided in this Law, being responsible for the supervision
and administration of traffic safety and for the investigation and handling of traffic accidents between fishing
vessels in coastal waters. Concrete measures for implementation shall be separately prescribed by the State Council.

   Article 49. The internal administration of offshore military jurisdictional areas and military vessels and installations;
the administration of surface and underwater operations carried out for military purposes; and the inspection
and registration of public security vessels, the provision of their personnel and the issuing of their port entry and
departure visas shall be separately prescribed by the relevant competent departments, of the state in accordance with this
Law.

CHAPTER XII SUPPLEMENTARY PROVISIONS

   Article 50. For the purpose of this Law, the definitions of the following terms are:

” Coastal waters ” means the harbours, inland waters, territorial waters and all other sea areas under the jurisdiction
of the state, along the sea coast of the People’s Republic of China.

” Vessels ” means all types of displacement or non-displacement ships, rafts, seaplanes, submersibles and mobile platforms.

” Installations ” means all types of surface and underwater structures or installations, whether fixed or floating,
and fixed platforms.

” Operations ” means investigations, exploration, exploitation, survey, construction, dredging, demolition, rescue,
salvage, towing, fishing, aquatic breeding, loading and unloading, scientific experimentation and other surface
and underwater operations.

   Article 51. The competent department of the State Council shall, on the basis of this Law, formulate rules for its implementation which
shall go into effect after being submitted to and approved by the State Council.

   Article 52. In cases of conflict between laws and regulations pertaining to maritime traffic safety hitherto promulgated
and this Law, this Law shall prevail.

   Article 53. This Law shall go into effect on January 1, 1984.

    






MILITARY SERVICE LAW






Military Service Law of the People’s Republic of China

    

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II ENLISTMENT IN PEACE TIME

CHAPTER III THE ACTIVE SERVICE AND RESERVE SERVICE OF SOLDIERS

CHAPTER IV THE ACTIVE SERVICE AND RESERVE SERVICE OF OFFICERS

CHAPTER V CADETS ENROLLED BY MILITARY INSTITUTES AND ACADEMIES FROM AMONG YOUNG STUDENTS

CHAPTER VI THE MILITIA

CHAPTER VII MILITARY TRAINING FOR RESERVISTS

CHAPTER VIII MILITARY TRAINING FOR STUDENTS OF INSTITUTIONS OF HIGHER LEARNING AND STUDENTS OF SENIOR MIDDLE SCHOOLS

CHAPTER IX MOBILIZATION OF TROOPS IN WARTIME

CHAPTER X PREFERENTIAL TREATMENT FOR ACTIVE SERVICEMEN AND PLACEMENT OF EX-SERVICEMEN

CHAPTER XI PUNISHMENTS

CHAPTER XII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is formulated pursuant to Article 55 of the Constitution of the People’s Republic of China, which stipulates, ” It is the
sacred duty of every citizen of the People’s Republic of China to defend the motherland and resist aggression. It is the honourable
duty of citizens of the People’s Republic of China to perform military service and join the militia in accordance with the law, ”
and in accordance with other relevant provisions of the Constitution.

   Article 2. The People’s Republic of China shall practise a military service system which is based mainly on conscription and which combines
conscripts with volunteers and a militia with a reserve service.

   Article 3. All citizens of the People’s Republic of China, regardless of ethnic status, race, occupation, family background, religious belief
and education, have the obligation to perform military service according to the provisions of this Law.

Exemptions from military service shall be granted to persons unfit for it due to serious physical defects or serious deformities.

Persons deprived of political rights by law may not perform military service.

   Article 4. The armed forces of the People’s Republic of China shall be composed of the Chinese People’s Liberation Army, the Chinese People’s
Armed Police Force and the Militia.

   Article 5. The military service shall comprise an active service and a reserve service. Those serving in the Chinese People’s Liberation Army
are active servicemen while those regimented into militia organizations or registered in the reserve service are reservists.

   Article 6. The active servicemen and reservists must abide by the Constitution and the law, and shall perform their duties and at the same
time enjoy their rights as citizens; their rights and duties resulting from their joining the military service shall be specified
separately in military regulations in addition to the provisions of this Law.

   Article 7. Active servicemen must abide by the rules and regulations of the army, faithfully discharge their duties and always be ready to
fight for the defence of the motherland.

Reservists must participate in military training according to the regulations and always be ready to join the army and take part in
war for the defence of the motherland.

   Article 8. Medals, decorations or post_titles of honour shall be given to active servicemen and reservists who perform meritorious deeds.

   Article 9. The People’s Liberation Army shall practise a system of military ranks.

   Article 10. Responsibility for military service work throughout the country shall be assumed by the Ministry of National Defence under the leadership
of the State Council and the Central Military Commission.

The military commands shall be responsible for military service work within their respective areas as assigned by the Ministry of
National Defence.

The provincial commands ( garrison commands ), sub-commands (garrison commands) and the departments of people’s armed forces of counties,
autonomous counties, cities and municipal districts shall concurrently act as the military service organs of the people’s governments
at the corresponding levels and shall be responsible for military service work in their respective areas under the leadership of
military organs at higher levels and the people’s governments at corresponding levels.

Government organs, public organizations, enterprises and institutions and the people’s governments of townships, nationality townships,
and towns shall carry out military service work according to the provisions of this Law. Professional work concerning military service
shall be handled by the department of people’s armed forces or by a designated department where there is no such department.

CHAPTER II ENLISTMENT IN PEACE TIME

   Article 11. The number of citizens to be enlisted for active service each year, the requirements for them to be enlisted and the time schedule
for enlistment shall be prescribed by order of the State Council and the Central Military Commission.

   Article 12. Each year, male citizens who have reached 18 years of age by December 31 shall be enlisted for active service. Those who are not
enlisted during the year shall remain eligible for active service until they are 22.

To meet the needs of the armed forces, female citizens may be enlisted for active service according to the provision of the preceding
paragraph.

To meet the needs of the armed forces and on the principle of voluntary participation, male and female citizens who have not yet reached
18 years of age by December 31 of a certain year may be enlisted for active service.

   Article 13. Each year, male citizens who will be 18 years old by December 31 shall be registered for military service by September 30 according
to the arrangements of the military service organs of counties, autonomous counties, cities or municipal districts. Those who have
registered and have passed the preliminary examination are called citizens eligible for enlistment.

   Article 14. During the period of enlistment, citizens eligible for enlistment shall, upon notification by the military service organs of counties,
autonomous counties, cities or municipal districts, go to the designated health centres in time for physical examination.

Citizens eligible for enlistment who are qualified for active service shall be enlisted for such service upon approval by the military
service organs of counties, autonomous counties, cities or municipal districts.

   Article 15. The enlistment of a citizen eligible for enlistment may be deferred if he is the only worker in his family providing its means of
subsistence or if he is a student in a full-time school.

   Article 16. A citizen eligible for enlistment shall not be enlisted if he is detained for investigation, prosecution or trial, or if he has
been sentenced to imprisonment, criminal detention or public surveillance and is serving his sentence.

CHAPTER III THE ACTIVE SERVICE AND RESERVE SERVICE OF SOLDIERS

   Article 17. There shall be two types of soldiers: conscripts and volunteers.

   Article 18. The term of service for conscripts shall be three years in the army and four years in the navy and the air force.

Upon the expiration of his active service, a conscript may, according to the need of the armed forces and on a voluntary basis, extend
his service. The extended period of service shall be one to two years in the army and one year in the navy and the air force.

   Article 19. A conscript on extended active duty who has completed five years of active service and who has become professionally or technically
skilled may, by his application and upon approval by a division headquarters or a higher organ, change to a volunteer.

The term of active service for a volunteer shall be no less than eight years and no more than twelve years, counting from the day
he changes to a volunteer, up to a maximum age of 35; the term may be extended appropriately upon approval by an army headquarters
or a higher organ if the volunteer is specially needed in the armed forces and if he desires the extension.

   Article 20. A soldier shall be discharged from active service upon the expiration of his term of active service. Those who have to be discharged
from active service because of a reduction in the personnel of the armed forces, a condition of health unfit for continued service
as diagnosed and certified by a hospital of the armed forces, or other special reasons may be discharged before the expiration of
the terms of their active service upon approval by a division headquarters or a higher organ.

   Article 21. A soldier who is discharged from active service but is qualified for reserve service shall be assigned by his army unit to serve
in the soldiers reserve; a soldier who is considered after assessment to be fit for the post of an officer shall serve in the officers
reserve.

A soldier who is discharged from active service and assigned by his army unit to serve in the reserve shall, within thirty days of
returning to his place of residence, register for reserve service with the military service organ of his county, autonomous county,
city or municipal district.

   Article 22. Citizens eligible for enlistment who have registered for military service according to the provisions of Article 13 of this Law
but who have not been enlisted for active service shall serve in the soldiers reserve.

   Article 23. Persons serving in the soldiers reserve shall be aged between 18 and 35.

   Article 24. Persons in the soldiers’ reserve shall be divided into two categories:

Category One of the persons in the soldiers’ reserve shall include:

(1) persons regimented into primary militia organizations pursuant to the provisions of Article 38 of this Law;

(2) soldiers under the age of 28 who have been discharged from active service and have registered for reserve service in work units
where no militia organizations are to be established; and

(3) professional and technical personnel under the age of 28 who have registered for reserve service.

Category Two of the persons in the soldiers reserve shall include:

(1) persons regimented into ordinary militia organizations pursuant to the provisions of Article 38 of this Law; and

(2) soldiers aged between 29 and 35 who have been discharged from active service and have registered for reserve service as well as
other male citizens qualified for reserve service in work units where no militia organizations are to be established.

Reserve soldiers in Category One shall be transferred to Category Two upon attaining the age of 29; those in Category Two shall be
discharged from the reserve service at the age of 35.

CHAPTER IV THE ACTIVE SERVICE AND RESERVE SERVICE OF OFFICERS

   Article 25. Officers in active service shall be replenished with the following personnel:

(1) graduates of military institutes and academies;

(2) soldiers who have been trained at officers training centres established with the approval of the Central Military Commission and
who are considered after assessment to be fit for the posts of officers;

(3) graduates of institutions of higher learning and secondary technical schools who are fit for officers posts; and

(4) civilian cadres of the armed forces and professional and technical personnel recruited individually from non-military departments.

In wartime, officers in active service shall also be replenished with the following personnel:

(1) soldiers who can be appointed directly as officers; and

(2) reserve officers called into active service and cadres of non-military departments fit for active service.

   Article 26. Officers in reserve service shall consist of the following:

(1) officers who have been discharged from active service and transferred to reserve service;

(2) soldiers who have been discharged from active service and assigned to serve in the officers reserve;

(3) graduates of institutions of higher learning assigned to serve in the officers reserve;

(4) full-time cadres of the departments of people’s armed forces and cadres of the militia assigned to serve in the officers reserve;
and

(5) cadres and professional and technical personnel of non-military departments assigned to serve in the officers reserve.

   Article 27. The maximum age for officers in active and reserve services shall be stipulated in the Regulations of the Chinese People’s Liberation
Army on the Military Service of Officers.

   Article 28. Officers in active service who have attained the maximum age stipulated for such service shall be discharged from such service;
those who have not attained the maximum age but have to be discharged from active service for special reasons may be discharged from
such service with approval.

Officers discharged from active service may be transferred to the officers reserve if they are qualified to serve in the latter.

   Article 29. Officers who have been discharged from active service and transferred to reserve service, soldiers who have been discharged from
active service and assigned to serve in the officers reserve and graduates of institutions of higher learning assigned to serve in
the officers reserve shall, within thirty days of their arrival at their places of work or residence, register for reserve service
with the military service organs of their counties, autonomous counties, cities or municipal districts.

Full-time cadres of the departments of people’s armed forces, cadres of the militia, and cadres and professional and technical personnel
of non-military departments fit for officers’ posts shall serve in the officers’ reserve through registration with the military service
organs of counties, autonomous counties, cities or municipal districts and upon approval by military organs at a higher level.

Reserve officers who have attained the maximum age stipulated for reserve service shall be discharged from such service.

CHAPTER V CADETS ENROLLED BY MILITARY INSTITUTES AND ACADEMIES FROM AMONG YOUNG STUDENTS

   Article 30. Military institutes and academies may, according to needs in building up the armed forces, enroll cadets from among young students.
The age limit for the cadets to be enrolled need not be the same as that for the active servicemen to be enlisted.

   Article 31. Cadets who have completed their studies and passed their examinations shall be given a diploma by the institutes or academies and
shall be appointed officers in active service or civilian cadres according to relevant regulations.

   Article 32. Cadets who have completed the required courses but have failed in the examinations shall be given a certificate of their completion
of the courses by the institutes or academies and return to their places of residence before they enrolled in such military institutes
or academies, and shall be placed by the people’s governments of their respective counties, autonomous counties, cities or municipal
districts according to state regulations on the placement for those who have completed their studies at other colleges and schools
of similar status.

   Article 33. Cadets who suffer from chronic diseases or are otherwise unfit for continuing their studies at military institutes or academies
and who thus leave school upon approval shall be given a certificate by the institutes or academies of the amount of academic work
they have done and shall be accepted for placement by the people’s governments of the counties, autonomous counties, cities or municipal
districts at their places of residence before they enrolled in such institutes or academies.

   Article 34. Cadets dismissed from school shall be accepted by the people’s governments of the counties, autonomous counties, cities or municipal
districts at their places of residence before enrollment, which shall treat them according to the state regulations on the treatment
of students dismissed from other colleges and schools of similar status.

   Article 35. The provisions of Articles 31, 32, 33 and 34 of this Law shall also apply to cadets enrolled from among soldiers in active service.

CHAPTER VI THE MILITIA

   Article 36. The militia is an armed organization of the masses not divorced from production, and is an assisting and reserve force for the Chinese
People’s Liberation Army.

The tasks of the militia shall be:

(1) take an active part in the socialist modernization and be exemplary in completing the tasks in production and other fields;

(2) undertake the duties related to preparations against war, defend the frontiers and maintain public order; and

(3) be always ready to join the armed forces to take part in war, resist aggression and defend the motherland.

   Article 37. Militia organizations shall be set up in townships, nationality townships, towns, enterprises and institutions. Male citizens who
belong to the 18-35 age group and are fit for military service, excluding those enlisted for active service, shall be regimented
into militia units to perform reserve service. The age limit for militia cadres may be handled flexibly.

In units where no militia organizations are to be established, male citizens qualified for military service shall be registered for
reserve service in accordance with the regulations.

   Article 38. The militia shall consist of a primary militia and an ordinary militia. A selected group of militiamen under 28 years of age, including
soldiers discharged from active service and other persons who have received or are selected for military training, shall be regimented
into the primary militia; other male citizens belonging to the age group of 18 to 35 who are qualified for military service shall
be regimented into the ordinary militia.

The primary militia may recruit female citizens when necessary.

The age limit for primary militiamen may be extended appropriately in frontier areas on land or sea, areas inhabited by minority nationalities
as well as urban units in special circumstances.

CHAPTER VII MILITARY TRAINING FOR RESERVISTS

   Article 39. Military training for soldiers in reserve service shall be conducted either in militia organizations or separately.

Primary militiamen belonging to the age group of 18-20 who have not been in active service shall receive military training for 30
to 40 days; the period of training for professional and technical militiamen may be extended appropriately according to actual needs.

The retraining of primary militiamen who have performed active service or have received military training and the military training
for ordinary militiamen and for soldiers in reserve service who are not regimented into militia organizations shall be conducted
as provided for by the Central Military Commission.

   Article 40. Officers in reserve service shall receive military training for three to six months during the period of their reserve service.

   Article 41. The State Council and the Central Military Commission may, when necessary, decide that the reservists shall participate in emergency
training.

   Article 42. During the period of military training, reservists in government organs, public organizations, enterprises and institutions shall
receive their wages and bonuses from their respective units as usual, and their welfare benefits shall not be affected either.

Reservists in rural areas shall, during the period of military training, be subsidized for the loss of work time according to the
income of similar workers through an equal sharing of the burden effected by the people’s governments of townships, nationality townships,
and towns.

CHAPTER VIII MILITARY TRAINING FOR STUDENTS OF INSTITUTIONS OF HIGHER LEARNING AND STUDENTS OF SENIOR MIDDLE SCHOOLS

   Article 43. Students of institutions of higher learning must receive basic military training during the period of their schooling.

To meet the needs of national defence, additional short-term, concentrated training shall be given to students fit for the posts of
officers, and those who are considered as qualified after assessment shall serve in the officers reserve upon approval by military
organs.

   Article 44. Offices in charge of military training shall be set up and military instructors provided in institutions of higher learning to organize
and conduct the military training of the students.

The short-term, concentrated training for promoting people as reserve officers prescribed in paragraph 2 of Article 43 shall be organized
and conducted jointly by officers in active service sent from military organs and the offices of the institutions of higher learning
in charge of military training.

   Article 45. Senior middle schools and schools equivalent to them shall be provided with military instructors to conduct military training for
the students.

   Article 46. The military training of students of institutions of higher learning and students of senior middle schools shall be under the charge
of the Ministry of Education and the Ministry of National Defence. Educational departments and military departments shall set up
agencies or appoint full-time personnel to handle matters concerning the military training of students.

CHAPTER IX MOBILIZATION OF TROOPS IN WARTIME

   Article 47. In order to cope with an enemy’s surprise attack and resist aggression, people’s governments and military organs at all levels must,
in peace time, make preparations for the mobilization of troops in wartime.

   Article 48. Upon the issuance of a mobilization order by the state, people’s governments and military organs at all levels must promptly carry
out the mobilization:

(1) Active servicemen must not be discharged from active service, and those on vacation or on home leave must immediately return to
their respective units.

(2) Reservists must be ready to be called into active service at any time and, as soon as they are notified, must punctually report
at the designated places.

(3) Responsible persons of government organs, public organizations, enterprises and institutions and of the people’s governments of
townships, nationality townships, and towns must see to it that the reservists in their respective units who have been called up
report at the designated places on time.

(4) Transportation departments must provide priority transportation for reservists who have been called up and for active servicemen
returning to their units in the armed forces.

   Article 49. The State Council and the Central Military Commission may decide to call into active service male citizens of the age of 3645 in
special wartime circumstances.

   Article 50. When the war is over, active servicemen to be demobilized shall be discharged from active service in staggered groups in accordance
with the demobilization order issued by the State Council and the Central Military Commission, and shall be properly placed by the
people’s governments at various levels.

CHAPTER X PREFERENTIAL TREATMENT FOR ACTIVE SERVICEMEN AND PLACEMENT OF EX-SERVICEMEN

   Article 51. Active servicemen, disabled revolutionary armymen, ex-servicemen, and family members of revolutionary martyrs, of armymen who were
killed in action or died of diseases, and of active servicemen shall be esteemed by the general public and given preferential treatment
by the state and the masses of people.

   Article 52. Disabled revolutionary armymen shall enjoy priority in buying tickets at favourable discount prices according to relevant regulations
when travelling by train, ship, airplane or long-distance bus.

Ordinary mail sent by conscripts from their units shall be free of charge.

   Article 53. Active servicemen who are wounded or disabled while taking part in military operations or performing military duties shall be graded
for their disability by their army units and be given pension certificates for disabled revolutionary armymen. Disabled revolutionary
armymen of Special Grade and First Grade discharged from active service shall be provided for by the state throughout their lives.
Disabled revolutionary armymen of Second and Third Grades who are residents of cities or towns shall be given jobs suited to their
abilities by the people’s governments of their counties, autonomous counties, cities or municipal districts; those who are residents
of rural areas may be given suitable jobs in enterprises or institutions if this can be done locally, or they may get an increase
in the pension for the disabled in accordance with relevant regulations as a guarantee for their livelihood.

   Article 54. Families of conscripts which reside in rural areas shall be given favourable treatment through an equal sharing of the burden to
be effected by the people’s governments of townships, nationality townships or towns. The specific measures and standards for such
favourable treatment shall be formulated by the people’s governments of provinces, autonomous regions, and municipalities directly
under the Central Government.

Families of conscripts which reside in cities and towns and which face financial difficulties shall be given appropriate subsidies
by the people’s governments of counties, autonomous counties, cities or municipal districts.

   Article 55. A pension in a lump sum shall be given by the state to the family of an active serviceman who was killed in action or died of a
disease. If the family cannot provide for itself because it has no one who can work or because it has no regular income, it shall
be given a periodical pension by the state.

   Article 56. Conscripts discharged from active service shall, on the principle of returning to the place where they came from, be accepted and
placed by the people’s governments of the counties, autonomous counties, cities or municipal districts where they were enlisted:

(1) Conscripts who are residents of rural areas, when discharged from active service, shall be provided with proper arrangements for
their work and livelihood by the people’s governments of townships, nationality townships and towns. Government organs, public organizations,
enterprises and institutions shall give appropriate preference to them when recruiting staff and workers from rural areas.

(2) Conscripts who are residents of cities and towns, when discharged from active service, shall be given jobs by the people’s governments
of counties, autonomous counties, cities or municipal districts. Those who, prior to enlistment, had been regular staff members
or workers of government organs, public organizations, enterprises or institutions shall be allowed to resume their original work
or positions.

(3) When conscripts discharged from active service take entrance examinations for institutions of higher learning or secondary vocational
schools, they shall enjoy enrollment priority over contenders who are equally qualified in other respects.

   Article 57. Conscripts discharged from active service because of mental disorder acquired during the period of their active service shall, depending
on the seriousness of their cases, be sent to a civilian hospital for medical treatment or sent home for recuperation. Their medical
and living expenses shall be borne by the people’s governments of their respective counties, autonomous counties, cities or municipal
districts.

Conscripts discharged from active service who contracted chronic diseases during the period of their active service and who need medical
treatment because of a recurrence of such diseases shall be treated by a civilian medical institution. If they have financial difficulties
and cannot meet the necessary medical and living expenses, the people’s governments of their counties, autonomous counties, cities
or municipal districts shall give them a subsidy.

   Article 58. Volunteers discharged from active service shall be given jobs by the people’s governments of their counties, autonomous counties,
cities or municipal districts where they were enlisted; in special cases they may also be placed through an overall arrangement by
the people’s governments at the next higher level or of provinces, autonomous regions, or municipalities directly under the Central
Government. Those who wish to return to the rural areas to take part in agricultural production shall be encouraged to do so and
given extra subsidies for setting up a home there.

Volunteers who have basically lost their ability to work because they were disabled while taking part in military operations or performing
military duties or because their health broke down as a result of constant overwork during the period of their active service shall
go through the procedures of retirement and shall be accepted and taken care of by the people’s governments of the counties, autonomous
counties, cities or municipal districts where they were enlisted or where their lineal relatives reside.

   Article 59. Officers discharged from active service shall be properly placed by the state.

   Article 60. In cases where militiamen died or were disabled while taking part in military operations or performing military duties, or where
reservists or students died or were disabled while taking part in military training, pensions and preferential treatment shall be
granted by the local people’s governments in accordance with the Regulations on Pensions and Preferential Treatment Concerning Militiamen.

CHAPTER XI PUNISHMENTS

   Article 61. If any citizen who, pursuant to the provisions of this Law, has the duty to perform military service refuses to register for military
service or evades such registration, if any citizen who is eligible for enlistment refuses to be enlisted or evades enlistment, or
if a reservist refuses to undergo military training or evades such training, and if any such person refuses to mend his ways in spite
of persuasion, the people’s government at the grassroots shall compel him to fulfil his duty of performing military service.

In wartime, if a reservist refuses to be called into active service or evades such service, or if he refuses to undergo military training
or evades such training, and if the case is a serious one, he shall be punished with reference to the first paragraph of Article
6 of the Interim Regulations of the People’s Republic of China on Punishment of Servicemen Who Commit Crimes Contrary to Their Duties.

   Article 62. State functionaries who take bribes or engage in malpractices for selfish purposes while conducting military service work or who
cause

LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ADMINISTRATION OF DRUGS

REGULATIONS REGARDING THE SUPERVISION AND CONTROL OVER, AND THE LEVYING AND EXEMPTION OF DUTIES ON IMPORT AND EXPORT COMMODITIES FOR CHINESE-FOREIGN CONTRACTUAL JOINT VENTURES

PROVISIONS REGARDING THE SUPERVISION AND CONTROL OF AND THE LEVY AND EXEMPTION OF TAX ON GOODS IMPORTED AND EXPORTED BY THE CHINESE-FOREIGN CONTRACTUAL JOINT VENTURES

20011219

The General Administration of Customs, the Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation

Provisions Regarding the Supervision and Control of and the Levy and Exemption of Tax on Goods Imported and Exported by the Chinese-foreign
Contractual Joint Ventures

the General Administration of Customs, the Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation

January 31, 1984

Article 1

These Provisions are specially formulated in order to encourage foreign companies, enterprises, and other economic organisations or
individuals to come to China to run the Chinese-foreign contractual joint ventures, to introduce advanced technology and equipment
and to invest in the trades and industries to whose development the State needs to give priority.

Article 2

The Chinese-foreign contractual joint ventures shall, on the strength of the approval documents of the various ministries and commissions
of the State Council or of the departments in charge of the provinces, municipalities directly under the Central Government and autonomous
regions, the business licences issued after verification by the departments of administration for industry and commerce and the contracts
(or agreements, the same below) signed by both cooperative parties and approved for implementation, register with the Customs in
their locality or in the locality in charge of the matter (hereinafter referred to as the “Customs in charge”) for the record.

Article 3

When the goods of Chinese-foreign contractual joint ventures are imported or exported, declaration shall be made to the Customs of
the place of import or export on the strength of contracts registered with and stamped by the Customs in charge and by completing
the “Customs Declaration of Import (Export) Goods”. With regard to the goods for which the State stipulates that application must
be made to obtain import (export) licences, the import (export) licences shall also be submitted to the Customs and are to be examined
by the Customs.

Article 4

With respect to materials imported by Chinese-foreign contractual joint ventures in accordance with approved contracts as the investment
or additional investment of the foreign business, tax is to be levied or exempted according to the following stipulations:

(1)

Machines equipment, spare parts and materials directly used in exploration and development operations and spare parts and materials
needed to be imported for the manufacture of machinery and equipment for use in exploitation operations, imported for the Chinese-foreign
cooperative exploitation of offshore petroleum, are to be exempted from customs duties and consolidated industrial and commercial
tax on importation in accordance with the “Provisions of the Customs General Administration and the Ministry of Finance of the People’s
Republic of China Concerning the Levying of and Exemption from Customs Duties and the Levying of Consolidated Industrial and Commercial
Tax on the Import and Export of Goods by Chinese-foreign Joint Ventures Exploiting Offshore Oil” approved by the State Council.

(2)

Advanced machinery and equipment that China is unable to supply and materials needed for building factories (sites) and installing
and reinforcing the machinery and equipment imported in accordance with the stipulations of the contracts by any Chinese-foreign
contractual joint ventures in the areas of basic construction for energy development, railways, highways and harbours, and industry,
agriculture, forestry, animal husbandry, aquatic breeding, deep sea fisheries, scientific research, education, medicine and health
are to be exempted from customs duties and consolidated industrial and commercial tax on importation.

(3)

For building materials, auxiliary equipment for building hotels, interior electrical equipment which form part of the building project,
and other necessities imported for the Chinese-foreign cooperative construction of tourist hotels, customs duties and consolidated
industrial and commercial tax on importation are to be exempted or reduced in accordance with the “Provisions Regarding the Levy
and Exemption of Tax on Materials Imported for the Construction of Tourist Hotels by Absorbing Overseas Chinese Capital and Foreign
Capital” approved by the State Council.

(4)

Customs duties and consolidated industrial and commercial tax on importation shall be levied according to regulations on goods imported
for Chinese-foreign cooperative commercial, food and beverage, photography and other service businesses, maintenance centres, vocational
training, passenger and cargo transport, offshore fisheries and other trades and industries.

(5)

Customs duties and consolidated industrial and commercial tax on importation shall be levied according to regulations on articles
for daily use, office supplies, nonproductive means of transport, and goods whose import is restricted by the State imported by foreign
businesses as investment, except those which conform to the “Provisions Regarding the Levy and Exemption of Tax on Materials Imported
for the Construction of Tourist Hotels by Absorbing Overseas Chinese Capital and Foreign Capital” for which tax reduction or exemption
is to be granted.

Article 5

With regard to the machinery and equipment and other materials that Chinese-foreign contractual joint ventures are permitted to import
with tax exemption or reduction under the stipulations of items 1, 2 and 3 of Article 4 , application procedures for tax reduction
or exemption shall be handled in advance with the Customs in charge. The Customs in charge is to issue certificates of tax reduction
or exemption after verification, and the Customs of the place of import is to grant tax reduction or exemption on the strength of
the certificates.

Article 6

Raw materials, components, spare parts, supplementary materials and packing materials (hereinafter called imported materials and articles)
specifically imported from abroad by Chinese-foreign contractual joint ventures to process products for sale abroad are to be exempted
from customs duties and consolidated industrial and commercial tax on importation; with respect to the portion for substandard products
and those that cannot be exported for other reasons that is, kept in the country, tax shall be levied according to regulations, and
the control measures are to be handled in a unified manner in accordance with the control provisions of the Customs on importing
materials for processing and bonded factories.

Article 7

Tax shall be levied according to the regulations at the time of import on materials and articles imported by Chinese-foreign contractual
joint ventures upon approval for processing products for domestic sale.

Article 8

Export customs duties shall be paid according to regulations on the commodities exported by Chinese-foreign contractual joint ventures
on which export customs duties should be levied.

Article 9

Good of Chinese-foreign contractual joint ventures imported with tax reduction or exemption must not be sold or transferred without
authorization; if it is required to sell or transfer them, approval shall be obtained from the original examination and approval
organ, and procedures of making up the tax handled with the Customs in charge in accordance with the provisions.

Article 10

If there are circumstances of violation of these Provisions by Chinese-foreign contractual joint ventures, they are to be handled
in accordance with the relevant stipulations of the “Interim Customs Law of the People’s Republic of China”.

Article 11

These Provisions shall enter into force on February 1, 1984.

 
The General Administration of Customs, the Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation
1984-01-31

 




LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON REGIONAL NATIONAL AUTONOMY

DETAILED RULES FOR THE REGISTRATION OF FACTORIES AND STOREHOUSES OF FOOD FOR EXPORT (FOR TRIAL IMPLEMENTATION)

MILITARY SERVICE LAW OF THE PEOPLE’S REPUBLIC OF CHINA

INTERIM REGULATIONS ON LICENSING SYSTEM OF IMPORT COMMODITIES OF THE PEOPLE’S REPUBLIC OF CHINA

CUSTOMS NOTICE TO FOREIGN STUDENTS STUDYING IN CHINA

Customs Notice to Foreign Students Studying in China

     (Effective Date:1984.08.01–Ineffective Date:)

   Article 1. Entry

Upon entry into China, a foreign student studying in China (hereinafter referred to as a “foreign student”) shall fill out a Declaration
Form for Passengers’ Baggage in duplicate, one copy of which shall be returned to the foreign student for keeping after endorsement
by the Customs. The articles marked with ” * ” on the Declaration Form shall be re-taken out upon departure from China.

   Article 2. Duty-free Admission

(1) Articles for study and daily use brought in by the foreign students shall be admitted duty free by the Customs if in reasonable
quantities for personal use.

(2) A foreign student who is admitted to study in China for one year or more can bring in one each of the following categories of
durable duty free for their personal use during their study in China:

Wrists watches, cameras, 8mm cinecameras, refrigerators, washing machines, electrical fans, tape recorders, portable radio-cassette
recorders, cassette players, typewriters, calculators, TV sets and bicycles.

(3) For inward personal articles sent to a foreign student by post or through consignment shipping during his or her stay in China,
they shall be admitted duty free if the duty amount does not exceed RMB Y30 ; only the excess amount will be levied if the duty amount
exceeds RMB Y30.

   Article 3. Restrictions on Inward Articles

(1) Cars, motor-cycles, video recorders, video cameras and hi-fis are not allowed in without Customs permission.

(2) Unenumerated consumer durables shall be admitted on payment of duties if the Customs determines they are in reasonable quantities
for personal use after verification.

   Article 4. Application for “Registration Card for Inward Articles”

A foreign student studying in China for one year or more can, after registering in school, apply to the designated Customs office
for a “Registration Card for Inward Articles” (hereinafter referred to as “Registration Card”), producing for the Customs office
his or her passport, resident card, student identity card (or certificate issued by the school) and the Declaration Form for passengers’
Baggage endorsed by the Customs office at the port of entry. The articles listed in Paragraph 2 of Article 2 of the present Notice
shall be admitted duty free by the Customs against the “Registration Card”. The “Registration Card” shall be kept carefully.

A foreign student who has changed school shall give a notification to the Customs office issuing the “Registration Card”.

   Article 5. Control over Foreign Currencies, Gold and Silver, Jewellery and Cultural Relics

Foreign currencies, gold and silver, jewellery and cultural relics which foreign students bring in shall not be subject to any quantity
limitations, but shall be bona fide declared to the Customs. However, they shall be limited to the quantity registered on the Declaration
Form at the time of exit. A foreign student who brings out gold and silver ornaments bought in China’s territory shall produce to
the Customs for verification the “Special Invoices” designed and printed by the People’s Bank of China. A foreign student who brings
out cultural relics bought in China’s territory shall declare them to the Customs, and the Customs will examine and release them
against the red wax seals affixed to them (or Export Certificates for Cultural Relics) and invoices stamped with “Purchased with
Foreign Exchange” for cultural relics.

   Article 6. Exit and Re-entry for a Short Sojourn

If a foreign student leaves for Hong Kong, Macao or a foreign country for a vacation during his or her study in China, the articles
for daily use needed on the journey shall be released free of duty by the Customs. If the student brings out the articles listed
in paragraph 2 of Article 2 of the present Notice, they shall be declared to the Customs at the time of exit so that the Customs
can release them free of duty upon his or her re-entry. The articles purchased in the said places shall be declared to the Customs
if the student brings them in. Of them, those which fall in the duty-free allowances shall be admitted duty free and registered on
the “Registration Card”; any excess over the duty-free allowances shall be released on payment of duties after verification and approval
by the Customs.

   Article 7. Control over Transit Articles

If a foreign student ships in consumer durables from Hong Kong or other places before leaving China and intends to bring them out
when returning to his or her country, the Customs procedures for transit articles shall apply to them. The durables shipped in shall
not be delivered but re-shipped out under Customs control and supervision. The foreign student shall be charged fees for warehousing
the durables.

   Article 8. Sale of Inward Articles

The articles which have been admitted by the Customs shall not be sold to any units or other individuals in China’s territory without
permission but to the departments purchasing foreign articles designated by the local people’s governments. The duties and taxes
on the articles admitted duty free shall be made good by the purchasing departments in accordance with the relevant regulations.
If any violations of this provision occur, penalties shall be given by the Customs in accordance with the relevant regulation.

   Article 9. Exit

When a foreign student leaves China after finishing school, the articles to be brought out shall be released duty free by the Customs
if in reasonable quantities for personal use.

    






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...