MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE’S REPUBLIC OF CHINA
REGIONAL NATIONAL AUTONOMY
(Effective Date:1984.10.01–Ineffective Date:)
LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON REGIONAL NATIONAL AUTONOMY (Adopted at the Second Session of the Sixth National People’s Congress, promulgated by Order No.13 of the President of the People’s
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II ESTABLISHMENT OF NATIONAL AUTONOMOUS AREAS AND THE STRUCTURE OF THE ORGANS OF SELF-GOVERNMENT
CHAPTER III THE POWER OF AUTONOMY OF THE ORGANS OF SELF-GOVERNMENT
CHAPTER IV THE PEOPLE’S COURTS AND PEOPLE’S PROCURATORATES OF NATIONAL AUTONOMOUS AREAS
CHAPTER V RELATIONS AMONG NATIONALITIES WITHIN A NATIONAL AUTONOMOUS AREA
CHAPTER VI LEADERSHIP AND ASSISTANCE FROM STATE ORGANS AT HIGHER LEVELS
CHAPTER VII SUPPLEMENTARY PROVISIONS
PREFACE The People’s Republic of China is a unitary multinational state created jointly by the people of all its nationalities. Regional national Regional national autonomy means that the minority nationalities, under unified state leadership, practise regional autonomy in areas Regional national autonomy has played an enormous role in giving full play to the initiative of all nationalities as masters of the It has been proven by practice that adherence to regional national autonomy requires that the national autonomous areas be given effective Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the people of various The Law of the People’s Republic of China on Regional National Autonomy is the basic law for the implementation of the system of regional
CHAPTER I GENERAL PROVISIONS Article 1. The Law of the People’s Republic of China on Regional National Autonomy is formulated in accordance with the Constitution of the Article 2. Regional autonomy shall be practised in areas where minority nationalities live in concentrated communities. National autonomous areas shall be classified into autonomous regions, autonomous prefectures and autonomous counties. All national autonomous areas are integral parts of the People’s Republic of China. Article 3. Organs of self-government shall be established in national autonomous areas as local organs of state power at a particular level. The organs of self-government of national autonomous areas shall apply the principle of democratic centralism. Article 4. The organs of self-government of national autonomous areas shall exercise the functions and powers of local organs of state as specified The organs of self-government of autonomous prefectures shall exercise the functions and powers of local state organs over cities Article 5. The organs of self-government of national autonomous areas must uphold the unity of the country and guarantee that the Constitution Article 6. The organs of self-government of national autonomous areas shall lead the people of the various nationalities in a concentrated effort On the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall Under the guidance of state plans and on the basis of actual conditions, the organs of self-government of national autonomous areas The organs of self-government of national autonomous areas shall inherit and carry forward the fine traditions of national cultures, Article 7. The organs of self-government of national autonomous areas shall place the interests of the state as a whole above anything else Article 8. State organs at higher levels shall guarantee the exercise of the power of autonomy by the organs of self-government of national Article 9. State organs at higher levels and the organs of self-government of national autonomous areas shall uphold and develop the socialist Article 10. The organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas to use Article 11. The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may they The state shall protect normal religious activities. No one may make use of religion to engage in activities that disrupt public order, Religious bodies and religious affairs shall not be subject to any foreign domination.
CHAPTER II ESTABLISHMENT OF NATIONAL AUTONOMOUS AREAS AND THE STRUCTURE OF THE ORGANS OF SELF-GOVERNMENT Article 12. Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the light of local Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority nationalities Some residential areas and towns of the Han nationality or other nationalities may be included in a national autonomous area in consideration Article 13. With the exception of special cases, the name of a national autonomous area shall be composed of the name of the locality and the Article 14. The establishment of a national autonomous area, the delineation of its boundaries and the elements of its name shall be proposed Once defined, the boundaries of a national autonomous area may not be altered without authorization. When an alteration is found necessary, Article 15. The organs of self-government of national autonomous areas shall be the people’s congresses and people’s governments of autonomous The people’s governments of national autonomous areas shall be responsible and report on their work to the people’s congresses at The organization and work of the organs of self-government of national autonomous areas shall be specified in these areas’ regulations Article 16. In the people’s congress of a national autonomous area, in addition to the deputies from the nationality exercising regional autonomy The number and proportion of deputies to the people’s congress of a national autonomous area from the nationality exercising regional Among the chairman and vice-chairmen of the standing committee of the people’s congress of a national autonomous area shall be one Article 17. The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen The people’s governments of national autonomous areas shall apply the system of giving overall responsibility to the chairman of an Article 18. The cadres in the departments under the organs of self-government of a national autonomous area should, whenever possible, be chosen
CHAPTER III THE POWER OF AUTONOMY OF THE ORGANS OF SELF-GOVERNMENT Article 19. The people’s congresses of national autonomous areas shall have the power to enact regulations on the exercise of autonomy and separate Article 20. If a resolution, decision, order or instruction of a state organ at a higher level does not suit the conditions in a national autonomous Article 21. While performing its functions, the organ of self-government of a national autonomous area shall, in accordance with the regulations Article 22. In accordance with the needs of socialist construction, the organs of self-government of national autonomous areas shall take various The organs of self-government of national autonomous areas may adopt special measures to provide preferential treatment and encouragement Article 23. When recruiting personnel, enterprises and institutions in national autonomous areas shall give priority to minority nationalities Article 24. The organs of self-government of national autonomous areas may, in accordance with the military system of the state and practical Article 25. Under the guidance of state plans, the organs of self-government of national autonomous areas shall independently arrange for and Article 26. Under the guidance of state plans, the organs of self-government of national autonomous areas shall work out the guidelines, policies Article 27. Given the prerequisite of adherence to the principles of socialism, the organs of self-government of national autonomous areas shall, In accordance with legal stipulations, the organs of self-government of national autonomous areas shall define the ownership of, and Article 28. In accordance with legal stipulations, the organs of self-government of national autonomous areas shall manage and protect the natural The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and organize and encourage In accordance with legal stipulations and unified state plans, the organs of self-government of national autonomous areas may give Article 29. Under the guidance of state plans, the organs of self-government of national autonomous areas shall independently arrange local capital Article 30. The organs of self-government of national autonomous areas shall independently administer the enterprises and institutions under Article 31. The organs of self-government of national autonomous areas shall independently arrange for the use of industrial, agricultural and Article 32. In accordance with state provisions, the organs of self-government of national autonomous areas may pursue foreign economic and trade National autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council. While conducting foreign economic and trade activities, the organs of self-government of the national autonomous areas shall enjoy Article 33. The finance of a national autonomous area constitutes a particular level of finance and is a component of state finance. The organs of self-government of national autonomous areas shall have the power of autonomy in administering the finances of their The revenues and expenditures of national autonomous areas shall be specified by the State Council on the principle of giving preferential In accordance with stipulations concerning the state financial system, if the revenues of a national autonomous area exceeds its expenditures, A national autonomous area shall, in accordance with state stipulations, lay aside a reserve fund for expenditure in its budget. The While implementing its fiscal budget, the organ of self-government of a national autonomous area shall arrange for the use of extra Article 34. In accordance with the principles set by the state and in the light of local conditions, the organs of self-government of national Article 35. While implementing the tax laws of the state, the organs of self-government of national autonomous areas may grant tax exemptions Article 36. In accordance with the guidelines of the state on education and with the relevant stipulations of the law, the organs of self-government Article 37. The organs of self-government of national autonomous areas shall independently develop education for the nationalities by eliminating The organs of self-government of national autonomous areas may set up public primary schools and secondary schools, mainly boarding Schools where most of the students come from minority nationalities should, whenever possible, use textbooks in their own languages Article 38. The organs of self-government of national autonomous areas shall independently develop literature, art, the press, publishing, radio The organs of self-government of national autonomous areas shall collect, sort out, translate and publish books of the nationalities Article 39. The organs of self-government of national autonomous areas shall make independent decisions on local plans for developing science Article 40. The organs of self-government of national autonomous areas shall make independent decisions on plans for developing local medical The organs of self-government of national autonomous areas shall see to a more effective prevention and treatment of endemic diseases, Article 41. The organs of self-government of national autonomous areas shall independently develop sports, promote the traditional sports of Article 42. The organs of self-government of the national autonomous areas shall strive to develop exchanges and cooperation with other areas In accordance with relevant state provisions, the organs of self-government of autonomous regions and autonomous prefectures may conduct Article 43. In accordance with legal stipulations, the organs of self-government of national autonomous areas shall work out measures for control Article 44. In accordance with legal stipulations, the organs of self-government of national autonomous areas shall, in the light of local conditions, Article 45. The organs of self-government of national autonomous areas shall protect and improve the living environment and the ecological environment
CHAPTER IV THE PEOPLE’S COURTS AND PEOPLE’S PROCURATORATES OF NATIONAL AUTONOMOUS AREAS Article 46. The people’s courts and people’s procuratorates of national autonomous areas shall be responsible to the people’s congresses at corresponding The administration of justice by the people’s courts of national autonomous areas shall be supervised by the Supreme People’s Court Members of the leadership and of the staff of the people’s court and of the people’s procuratorate of a national autonomous area shall Article 47. In the prosecution and trial of cases, the people’s courts and people’s procuratorates of national autonomous areas shall use the
CHAPTER V RELATIONS AMONG NATIONALITIES WITHIN A NATIONAL AUTONOMOUS AREAS Article 48. The organ of self-government of a national autonomous area shall guarantee equal rights for the various nationalities in the area. The organ of self-government of a national autonomous area shall unite the cadres and masses of the various nationalities and give Article 49. The organ of self-government of a national autonomous area shall persuade and encourage cadres of the various nationalities to learn Awards should be given to state functionaries in national autonomous areas who can use skillfully two or more spoken or written languages Article 50. The organ of self-government of a national autonomous area shall help other minority nationalities living in concentrated communities The organ of self-government of a national autonomous area shall help the various nationalities in the area develop their economic, The organ of self-government of a national autonomous area shall give consideration to the characteristics and needs of nationalities Article 51. In dealing with special issues concerning the various nationalities within its area, the organ of self-government of a national autonomous
MINIMUM SANITARY REQUIREMENTS FOR FACTORIES AND STOREHOUSES OF FOOD FOR EXPORTREGULATIONS ON THE GENERALISED SYSTEM OF PREFERENCE CERTIFICATES FOR EXPORT PRODUCTS OF BUSINESSES WHICH UNDERTAKE PROCESSING AND ASSEMBLY FOR FOREIGNERS, AND OF COMPENSATION TRADE, SINO-FOREIGN EQUITY AND CONTRACTUAL JOINT VENTURES AND WHOLLYREGULATIONS OF THE CUSTOMS GENERAL ADMINISTRATION, THE MINISTRY OF FINANCE AND THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE CONCERNING SUPERVISION AND CONTROL OVER, AND LEVYING AND EXEMPTION OF DUTIES ON IMPORTS AND EXPORTS OF CHINESE-FOREIGNINCOME TAX AND CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX FOR 14 COASTAL PORT CITIES, AS WELL AS THE FOUR SPECIAL ECONOMIC ZONES AND HAINAN ISLANDREGULATIONS OF THE SHENZHEN SPECIAL ECONOMIC ZONE CONCERNING THE MANAGEMENT OF COMMODITY HOUSE PROPERTY
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INTERIM PROVISIONS OF THE STATE COUNCIL CONCERNING THE REDUCTION OF AND EXEMPTION FROM ENTERPRISE INCOME TAX AND CONSOLIDATED INDUSTRIAL ANDCOMMERCIAL TAX IN THE SPECIAL ECONOMIC ZONES AND THE FOURTEEN COASTAL PORT CITIES
Category | TAXATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1984-11-15 | Effective Date | 1984-12-01 |
Interim Provisions of the State Council Concerning the Reduction of and Exemption From Enterprise Income Tax and Consolidated Industrial |
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Chapter I Special Economic Zones
Chapter II The Economic and Technological Development Zones of the
Chapter III The Old Urban Districts of the Fourteen Coastal Port Cities
Chapter IV Effective Date
(Promulgated by the State Council on November 15, 1984)
In order to enable the four special economic zones, namely Shenzhen,
Zhuhai, Xiamen, and Shantou and the fourteen coastal port cities, namely
Dalian, Qinhuangdao, Tianjin, Yantai, Qingdao, Lianyungang, Nantong,
Shanghai, Ningbo, Wenzhou, Fuzhou, Guangzhou, Zhanjiang, and Beihai to expand
economic cooperation and technical exchange with foreign countries, attract
foreign capital, introduce advanced technology and accelerate the construction
of socialist modernization, companies, enterprises, and individuals from
foreign countries, Hong Kong, Macao, and other regions (hereinafter referred
to collectively as “external investors”) that invest in the above mentioned
special zones and cities by setting up Chinese-foreign equity joint ventures,
Chinese-foreign contractual joint ventures and foreign-capital enterprises
shall be accorded preferential treatment in the form of reduction of or
exemption from enterprise income tax and consolidated industrial and
commercial tax.
Chapter I Special Economic Zones
1. Chinese-foreign equity joint ventures, Chinese-foreign contractual
joint ventures and foreign-capital enterprises (hereinafter referred to as
“special zone enterprises”) established in the special economic zones
(hereinafter referred to as “special zones”) shall be subject to enterprise
income tax at the reduced rate of 15% on income from production and business
operations and other income. Of such enterprises:
(1) enterprises engaged in industry, communications and transport,
agriculture, forestry, animal husbandry and other production-oriented
industries that are scheduled to operate for a period of ten years or more,
shall, upon approval by the special zone tax authorities of applications filed
by them, be exempt from income tax for the first and second years commencing
the first profit-making year, and shall be allowed a 50% reduction of income
tax from the third through the fifth years.
(2) enterprises engaged in service trades that are scheduled to operate
for 10 years of more, if the investments of foreign investors exceed 5 million
US$, shall, upon approval by the special zone tax authorities of applications
filed by them be exempt from income tax in the first profit-making year and
shall be allowed a 50% reduction of income tax in the second and third years.
2. With respect to the local income tax imposed on the special zone
enterprises, the people’s governments of the special zones shall determine
whether preferential treatment in the form of tax reduction or exemption needs
to be granted.
3. The share of profit distributed to external investors by
Chinese-foreign equity joint ventures in special zones and remitted abroad
shall be exempt from income tax.
4. With the exception of income which is exempt from income tax in
accordance with the law, dividends, interest, rentals, royalties and other
income derived from sources within the special zones by foreign investors
having no establishments in China shall be subject to tax at a reduced tax
rate of 10%. Foreign investors that provide capital or equipment on
preferential terms or transfer advanced technology and need to be given
additional preferential treatment with regard to tax reductions or tax
exemptions shall be decided by the people’s governments of the respective
special zones.
5. With respect to goods subject to consolidated industrial and
commercial tax which are imported by the special zone enterprises prior to
the establishment of the administrative borders of the special zones,
machinery, equipment, raw materials, spare parts and fittings; means of
transport and other production materials essential for production shall be
exempt from consolidated industrial and commercial tax. Means of transport
and durable consumer goods the importation of which is restricted by the
State shall be subject to consolidated industrial and commercial tax
according to the tax law. Consolidated industrial and commercial tax shall
be imposed at one half of the stipulated tax rates on various kinds of
imported mineral oils, tobacco, alcoholic beverages, and various other kinds
of articles for daily use. Following the establishment of the administrative
borders of the special zones, various kinds of imported mineral oils, tobacco
and alcoholic beverages, shall continue to be subject to consolidated
industrial and commercial tax at one half of the stipulated tax rates; the
remaining imported goods shall all be exempt from consolidated industrial and
commercial tax. Reasonable quantities of tobacco, alcoholic beverages, luggage,
articles for daily use and settling-in articles personally carried in by
individual external investors or personal use shall be exempt from
consolidated industrial and commercial tax.
6. All products for export produced by special zone enterprises, except
for those whose export is restricted by the State and the small number of
products otherwise prescribed by the State, shall be exempt from consolidated
industrial and commercial tax.
7. Mineral oils, tobacco, alcoholic beverages and other such products
manufactured by special zone enterprises and sold within the same special zone
shall be subject to consolidated industrial and commercial tax at one half of
the tax rates stipulated in the tax laws. The people’s government of the
special zone may also decide independently products at regular or reduced
rates. Other products shall no longer be subject to consolidated industrial
and commercial tax.
8. Special zone enterprises that transport inland imported goods in
respect of which reductions of or exemptions from consolidated industrial and
commercial tax have been granted or products produced in the special zones
shall, at the time such goods are transported inland, make good such
reductions of or exemptions from consolidated industrial and commercial tax in
accordance with the provisions of the tax laws. Reasonable quantities of
luggage and articles for daily use that individuals or external investors
personally carry inland from the special zones for personal use shall be
exempt from consolidated industrial and commercial tax.
9. The income of special zone enterprises engaged in commerce,
communication and transport and service trades shall be subject to
consolidated industrial and commercial tax according to the tax rates
stipulated in the tax laws. Consolidated industrial and commercial tax shall
be imposed at the rate of 3% on income derived from banking and insurance
operations. The special zone people’s governments shall determine whether
special treatment in respect of reductions of or exemptions from consolidated
industrial and commercial tax needs to be granted to the above-mentioned
enterprises for a specified period of time during the initial period of
operations.
10. Reductions of and exemptions from enterprise income tax and
consolidated industrial and commercial tax on Chinese-foreign equity joint
ventures, Chinese-foreign contractual joint venture and foreign-capital
enterprises established in the Hainan Administrative Region of Guangdong
Province shall be implemented with reference to the relevant provisions
applying to the special zones.
Chapter II The Economic and Technological Development Zones of the
Fourteen Coastal Port Cities
1. Production-oriented enterprises organized as Chinese-foreign equity
joint ventures, Chinese-foreign contractual joint ventures and
foreign-capital enterprises (hereinafter referred to as “development zone
enterprises”) established in the economic and technological development
zones (hereinafter referred to as “development zones”) shall be subject to
enterprise income tax at the reduced tax rate of 15% on income from
production and business operations and on other income. Among these
enterprises, those scheduled to operate for a period of 10 years or more,
upon approval by the municipal tax authorities of an application filed by the
enterprise, shall be exempt from income tax in the first and second years,
commencing the first profit-making year, and be allowed a 5% reduction in the
third through the fifth years.
2. With respect to the local income tax imposed on the development zone
enterprises, the municipal people’s governments in the locations of the
development zones shall determine whether preferential treatment in the form
of tax reduction or exemption needs to be granted.
3. The share of profits distributed to external investors by
Chinese-foreign equity joint ventures in the development zones and remitted
abroad shall be exempt from income tax.
4. With the exception of income which is exempt from income tax in
accordance with the law, dividends, interest, rentals, royalties and other
income derived from sources within the development zones by external investors
having no establishments in China shall be subject to tax at the reduced tax
rate of 10%. Of such external investors, with respect to those that provide
capital or equipment on preferential terms or transfer technology which is
advanced, their preferential treatment with regard to further tax reductions
or tax exemptions shall be decided by the municipal people’s government
located in the respective development zone.
5. Building materials, production equipment, raw materials, spare parts
and fittings, components, means of transport and office supplies imported by
development zone enterprises for their own use shall be exempt from
consolidated industrial and commercial tax. Development zone enterprises
that divert for sale on the domestic market products processed from imported
raw materials, spare parts and fittings and components that were exempt from
tax shall, in accordance with the tax laws, make up consolidated industrial
and commercial tax on imported material and parts used for such products.
6. Products for export produced by development zone enterprises, other
than those whose export is restricted by the State, shall be exempt from
consolidated industrial and commercial tax; products for domestic sale shall
be taxed according to the tax laws.
7. Reasonable quantities of settling-in articles and means of transport
that are personally brought in by external business personnel who work in
development zone enterprises or reside in development zones for their own
use shall, on the basis of certificate issued by the municipal development
zone administrative committee, be exempt from consolidated industrial and
commercial tax.
Chapter III The Old Urban Districts of the Fourteen Coastal Port Cities
and the Urban Districts of Shantou, Zhuhai and Xiamen Municipalities
1. Production-oriented enterprises organized as Chinese foreign equity
joint ventures, Chinese-foreign contractual joint ventures and
foreign-capital enterprises (hereinafter referred to collectively as “old
urban district enterprises”) established in the old urban districts of the
fourteen coastal port cities and the urban district of Shantou, Zhuhai and
Xiamen municipalities (hereinafter referred to collectively as “old urban
districts”) shall, upon approval of the Ministry of Finance, be subject
enterprise income tax at the reduced rate of 15% in respect of projects which
are technology-intensive or knowledge-intensive, or in which the amount
invested by foreign investors is 30 million US$ or more and the investment
recovery period is long or which involve energy development or the construction
of communications or port facilities.
Old urban district enterprises that do not qualify for the tax reductions
prescribed in the preceding paragraph, but which involve one of the industries
listed below, may, upon approval by the Ministry of Finance, be subject to
enterprise income tax calculated at 80% of the tax rate stipulated in the tax
laws:
(1) machine manufacturing and electronics industries;
(2) metallurgical, chemical and building materials industries;
(3) light industries, textiles and packaging industries;
(4) medical apparatus and instruments and pharmaceutical industries;
(5) agriculture, forestry, animal husbandry and aquaculture industries
and the related processing industries;
(6) construction industries.
Reductions of and exemptions from enterprise income tax for old urban
district enterprises shall be dealt with according to the above-mentioned
preferential tax rates and in conformity with the time limits and scope
stipulated in the Income Tax Law of the People’s Republic of China for
Chinese-Foreign Equity Joint Ventures and the Income Tax Law of the People’s
Republic of China for Foreign Enterprises.
2. With respect to the local income tax imposed on old urban district
enterprises, the municipal people’s government shall determine whether
preferential treatment in the form of tax reduction or exemption needs to
be granted.
3. With the exception of income which is exempt from income tax in
accordance with the law, dividends, interest, rentals, royalties and other
income derived from sources within the old urban districts by external
investors not having establishments in China shall be subject to income tax
at the reduced tax rate of 10%. Of such external investors, with respect to
those that provide capital or equipment on preferential terms or transfer
technology which is advanced, their preferential treatment in regard to
further tax reductions or tax exemptions shall be decided by the municipal
people’s government.
4. Production equipment, equipment for business operations and building
materials imported as investment contributions or additional investment, as
well as means of transport and office supplies imported by old urban district
enterprises for their own use shall be exempt from consolidated industrial
and commercial tax.
5. Products for export produced by old urban district enterprises,
excluding those whose export is restricted by the State, shall be exempt from
consolidated industrial and commercial tax; products that are sold
domestically shall be taxed according to the tax laws.
6. The portion of raw materials, spare parts and fittings, components,
packaging materials and other such materials imported by old urban district
enterprises which is used in the production of export products shall be exempt
from consolidated industrial and commercial tax; the portion of imported
materials used in the production of products for domestic sale shall be taxed
in accordance with the tax laws.
7. Reasonable quantities of settling-in articles and means of transport
personally brought in by external business personnel for their own use shall,
on the basis of a certificate issued by the relevant departments of the
municipal people’s governments, be exempt from consolidated industrial and
commercial tax.
Chapter IV Effective Date
The stipulations of these Provisions concerning the reduction of and
exemption from income tax shall become effective as of the year of 1984;
the stipulations of these Provisions concerning the reduction of and
exemptions from consolidated industrial and commercial tax shall become
effective as of December 1, 1984.
REGULATIONS ON LABOR MANAGEMENT IN THE XIAMEN SPECIAL ECONOMIC ZONE
(Effective Date 1984.07.14) Article 1. The present regulations are formulated in accordance with the relevant laws and decrees of the People’s Republic of China. Article 2. SEZ enterprises decide their own labor plans and composition of their staff and report to the Xiamen City Bureau of Labor for the Article 3. The workers and staff members of an enterprise may be recruited by the enterprise itself or may be recommended by the labor service Those recruited may undergo a probation period lasting three to six months. Article 4. SEZ enterprises should not employ school children or those under 16, and if they recruit those from the rural areas or inland areas, Article 5. SEZ enterprises should conclude contracts with workers and staff members for their employment. The labor contract should include Article 6. SEZ enterprises have the right of management over their own employees in accordance with the terms of the labor contracts. The Article 7. The structure and scale of wages, and the ways of reward and subsidy for the workers and staff members are determined by the SEZ Article 8. The labor insurance system the SEZ practises is one which is provided by a social labor insurance fund. SEZ enterprises must each contribute every month to a social labor insurance fund the equivalent of 25% of the enterprise’s total Article 9. SEZ enterprises should draw a certain amount of money from their profits to be paid into a workers’ welfare fund for such purposes Article 10. SEZ enterprises must each take out an employer responsibility policy at the insurance company designated by the Xiamen City People’s Article 11. SEZ enterprises follow the six-day work-week and eight-hour work-day practice. Overtime work must not be longer than 12 hours a Article 12. Public holidays and paid vacations of the workers and staff members of the SEZ enterprises are as follows: General holiday: one day per week Statutory holidays: seven days with pay, namely New Year’s Day (one day), the Spring Festival (three days), the International Labor Wedding leave: three days with pay Maternity leave: not less than 56 days with pay Sick leave: full pay to those whose sick leave is less than 13 days, and 60%, 70% and 80% of the pay to those whose sick leave is Article 13. Workers and staff members of the SEZ enterprises have the right to establish grassroots trade union organizations and organize activities The main tasks for these trade unions are: to safeguard the legitimate rights of the workers and staff members, help the enterprise The SEZ enterprises should actively support the work of the trade unions, and allocate an equivalent of 2% of the total wages of the Article 14. A SEZ enterprise may dismiss its workers and staff members in line with its labor contracts, but it must inform the individual concerned, When a worker or a staff member is dismissed before or upon the expiration of the labor contract, the SEZ enterprise concerned is The norms for the compensation fee are: 50% of the average monthly pay if the individual has worked for less than half a year; one Article 15. Workers and staff members may resign according to the labor contract and they should notify the enterprise one month in advance. Workers and staff members who have worked for less than two years and who have been released for training by the enterprise but want The SEZ enterprise should submit a list of those who have resigned to the special economic zone’s labor service company. Article 16. The employment contract should include regulations on employment, dismissal, resignation, pay, welfare, reward and punishment as Article 17. The SEZ enterprises must follow the laws and decrees of the People’s Republic of China on labor protection and special protection Article 18. The SEZ enterprise may, according to the seriousness of each case, give the necessary punishment and even dismissal to those workers Article 19. Labor disputes that occur in the SEZ enterprises may be solved by the parties involved through consultation; the enterprise trade Article 20. The regulations shall come into force on the date of promulgation.
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