INTERIM PROVISIONS OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PLACE OF ORIGIN OF IMPORT GOODS
PROVISIONS OF THE STATE COUNCIL FOR THE ENCOURAGEMENT OF FOREIGN INVESTMENT
| Category | FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1986-10-11 | Effective Date | 1986-10-11 |
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Provisions of the State Council for the Encouragement of Foreign Investment |
|---|
Note:
(Promulgated on October 11, 1986)
Article 1 These Provisions are formulated in order to improve the
investment environment, facilitate the absorption of foreign investment,
introduce advanced technology, upgrade product quality, expand exports in
order to generate foreign exchange and develop the national economy.
Article 2 The State encourages foreign companies, enterprises and other
economic organizations or individuals (hereinafter referred to as “foreign
investors”) to establish Chinese-foreign equity joint ventures,
Chinese-foreign contractual joint ventures and foreign capital enterprises
(hereinafter referred to as “enterprises with foreign investment”) within
the territory of China.
The State grants special preferences to the enterprises with foreign
investment listed below:
(1) Production enterprises whose products are mainly for export, which
have a foreign exchange surplus after deducting from their total annual
foreign exchange revenues the annual foreign exchange expenditures incurred
in production and operation and the foreign exchange needed for the remittance
abroad of the profits earned by foreign investors (hereinafter referred to as
“product-for-export enterprises”).
(2) Production enterprises possessing advanced technology supplied by
foreign investors which are engaged in developing new products, and upgrading
and replacing products in order to increase foreign exchange generated by
exports or for import substitution (hereinafter referred to as
“technologically advanced enterprises”).
Article 3 Product-for-export enterprises and technologically advanced
enterprises shall be exempt from payment of all subsidies to be granted by the
State to staff and workers, except for the payment of or allocation of funds
for labour insurance, welfare costs and housing subsidies for Chinese staff
and workers in accordance with the provisions of the state.
Article 4 The site use fees for product-for-export enterprises and
technologically advanced enterprises, except for those located in busy urban
sectors of large cities, shall be computed and charged according to the
following standards:
(1) five to twenty RMB yuan per square metre per year in areas where the
development fee and the site use fee are computed and charged together;
(2) not more than three RMB yuan per square metre per year in site areas
where the development fee is computed and charged on a one-time basis or areas
which are developed by the above-mentioned enterprises themselves.
Exemptions for specified periods of time from the fees provided in the
foregoing provision may be granted at the discretion of local people’s
governments.
Article 5 Product-for-export enterprises and technologically advanced
enterprises shall be given priority in obtaining water, electricity and
transportation services, and communication facilities needed for their
production and operation. Fees shall be computed and charged in accordance
with the standards for local state enterprises.
Article 6 Product-for-export enterprises and technologically advanced
enterprises, after examination by the Bank of China, shall be given priority
in receiving loans for short term revolving funds needed for production and
distribution, as well as for other needed credit.
Article 7 When foreign investors in product-for-export enrerprises and
technologically advanced enterprises remit abroad profits realized by them
from such enterprises, the amount remitted shall be exempt from income tax.
Article 8 After the expiration of the period for the reduction or
exemption of enterprise income tax in accordance with the provisions of the
state, product-for-export enterprises whose value of export products in that
year amounts to 70 per cent or more of the value of their products for that
year, may pay enterprise income tax at a rate reduced by one half of the
current tax rate.
PIoduct-for-export enterprises in the special economic zones and in the
economic and technological development zones and other product-for-export
enterprises that already pay enterprise income tax at a tax rate of 15 per
cent and that comply with the foregoing conditions, may pay enterprise income
tax at a reduced rate of 10 per cent.
Article 9 After the expiration of the period of reduction or exemption of
enterprise income tax in accordance with the provisions of the state,
technologically advanced enterprises may extend for three years the payment of
enterprise income tax at a rate reduced by one half.
Article 10 Foreign investors who reinvest their shares of profits from
their enterprises in order to establish or expand product-for-export
enterprises or technologically advanced enterprises for a period of operation
of not less than five years, after application to and approval by the tax
authorities, shall be refunded the total amount of enterprise income tax
already paid on the reinvested portion. If the investment is withdrawn before
the period of operation reaches five years, the amount of enterprise income
tax refunded shall be repaid.
Article 11 Export products of enterprises with foreign investment,
except crude oil, finished oil and other products subject to special state
provisions, shall be exempt from the consolidated industrial and commercial
tax.
Article 12 Enterprises with foreign investment may arrange the export of
their products directly or may also export by consignment to agents in
accordance with state provisions. For products that require an export license,
in accordance with the annual export plan of the enterprises, an application
for export licenses shall be made every six months.
Article 13 Machinery and equipment, vehicles used in production, raw
materials, fuel, bulk parts, spare parts, machine component parts and fittings
(including imports restricted by the state), which enterprises with foreign
investment need to import in order to carry out their export contracts do not
require further applications for examination and approval and are exempt from
the requirement for import licenses. The Customs shall exercise supervision
and control, and shall inspect and release such imports on the basis of the
enterprise contracts or the import-export contracts.
The imported materials and items mentioned above are restricted to use by
the enterprise itself and may not be sold on the home market. If they are used
as products to be sold on the domestic market, import procedures shall be gone
through in accordance with relevant provisions and duties shall be paid
according to relevant regulations.
Article 14 Under the supervision of the foreign exchange control
departments, enterprises with foreign investment may mutually adjust their
foreign exchange surpluses and deficiencies among themselves.
The Bank of China and other banks designated by the People’s Bank of China
may provide cash security services and may grant loans in Renminbi to
enterprises with foreign investment.
Article 15 (Note 1.) The people’s governments at various levels and
relevant departments in charge shall guarantee the right of autonomy of
enterprises with foreign investment and shall support enterprises with foreign
investment in managing themselves in accordance with internationally advanced
scientific methods.
Within the scope of their approved contracts, enterprises with foreign
investment have the right to draw up, of their own accord, production and
operation plans, to raise funds, to use funds, to purchase production
materials and to sell products; and to determine by themselves the wage
levels, the forms of wages and the bonus and allowance system.
Enterprises with foreign investment may, in accordance with their
production and operation requirements, determine by themselves their
organizational structure and personnel system, employ or dismiss senior
management personnel, increase or dismiss staff and workers. They may recruit
and employ technical personnel, managerial personnel and workers in their
locality. The units to which such employed personnel belong should back the
employment and permit the transfer. Staff and workers who violate the rules
and regulations, and thereby cause certain bad consequences may, in accordance
with the seriousness of the case, be given varying sanctions, up to that of
discharge.
Enterprises with foreign investment that recruit, employ, dismiss or
discharge staff and workers, shall file a report with the local labour and
personnel department for the record.
Article 16 All regions and departments must implement the “Circular of
the State Council Concerning Firmly Curbing the Indiscriminate Levy of Charges
on Enterprises”, The people’s governments at the provincial level shall
formulate specific measures and strengthen supervision and administration in
this regard.
Enterprises with foreign investment may refuse to pay indiscriminately
apportioned charges if such cases occur and may also appeal to the local
economic committees up to the State Economic Commission.
Article 17 The people’s governments at various levels and relevant
departments in charge shall strengthen the co-ordination of their work,
improve efficiency in handling matters and shall promptly examine and approve
matters reported by enterprises with foreign investment that require response
and resolution. For the agreements, contracts and articles of association of
enterprises with foreign investment to be examined and approved by the
departments in charge under the State Council, the relevant examination and
approval authorities must, within three months from the date of receipt of all
documents, decide to approve or not to approve them.
Article 18 Product-for-export enterprises and technologically advanced
enterprises mentioned in these Provisions shall be confirmed as such by the
foreign economic relations and trade departments where such enterprises are
located in conjunction with the other relevant departments in accordance with
the enterprise contract, and certificates of confirmation shall be issued.
If the actual results of the annual exports of a product-for-export
enterprise are unable to hit the target of a surplus in the foreign exchange
balance as set in the enterprise contract, the taxes and fees which have
already been reduced or exempted in the previous year shall be paid in the
following year.
Article 19 These Provisions, except for those articles that are
specifically applicable to product-for-export enterprises, shall be applicable
to all enterprises with foreign investment. These Provisions apply, from the
date of entry into effect, to those enterprises with foreign investment that
obtained approval for establishment before the date of entry into effect of
these Provisions and that qualify for the preferential terms of these
Provisions.
Article 20 For enterprises established with investment by companies,
enterprises and other economic organization or individuals from Hong Kong,
Macao, or Taiwan, matters shall be handled by reference to these Provisions.
Article 21 The Ministry of Foreign Economic Relations and Trade shall be
responsible for interpreting these Provisions.
Article 22 These Provisions shall enter into effect as of the date of
promulgation.
Note:
Note 1. New provisions have been formulated with regard to this Article
which shall thus be implemented in accordance with the provisions in Opinions
Concerning Further Confirming the Autonomy of Enterprises with Foreign
Investment in the Employment of Their Personnel, formulated by the Ministry of
Labour and Personnel and transmitted by the General Office of the State
Council. – The Editor?
INTERIM PROVISIONS CONCERNING CHINESE-FOREIGN COOPERATION IN THE DESIGNING OF ENGINEERING PROJECTS
| Category | FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1986-06-05 | Effective Date | 1986-07-01 |
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Interim Provisions Concerning Chinese-foreign Cooperation in the Designing of Engineering Projects |
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(Approved by the State Council on March 27, 1986 and promulgated by the
State Planning Commission and the Ministry of Foreign Economic Relations and
Trade on June 5, 1986)
Article 1 These Provisions are formulated to strengthen the administration
of the cooperation between Chinese designing institutions and foreign
designing institutions in the designing of engineering projects (hereinafter
referred to as “cooperative designing”) and to promote the development of
cooperative designing activities.
Article 2 As regards engineering projects to be financed by Chinese
investment or Chinese-foreign joint investment, or by foreign loans, when their
designing is to be entrusted to foreign designing institutions, cooperative
designing shall be carried out with the participation of Chinese designing
institutions.
As regards engineering projects to be financed by Chinese investment, if
the designing can be undertaken by Chinese designing institutions, the task
shall not be entrusted to any foreign designing institution, but part of the
designing technology pertinent to the engineering project may be introduced or
foreign designing institutions may be approached for consultancy on
technological and economic matters.
As regards engineering projects to be constructed within the territory of
China and financed by foreign investment, the designing shall, in principle, be
also undertaken by Chinese designing institutions; if the investors request
that the designing be done by foreign designing institutions, cooperative
designing shall be carried out with the participation of Chinese designing
institutions.
Article 3 In cases where engineering projects call for cooperative
designing (including the foreign exchange needed for the cooperative
designing), the competent authorities or the units undertaking the construction
project shall, in accordance with the limits of authority for the
administration of construction projects, make an application while submitting a
written engineering project proposal or a written designing task report for
examination and approval; and only after obtaining approval can they begin to
peck for foreign cooperation. For small-scale engineering projects, the matter
shall be approved by the competent authorities or by the planning commissions
of the provinces, autonomous regions, or municipalities directly under the
Central Government in accordance with the respective subordinative
relationships. For large and medium-sized engineering projects, the matter
shall, in accordance with the respective subordinative relationships, be
examined by the competent authorities or by the provinces, autonomous regions,
or municipalities directly under the Central Government, which shall then
submit a report with their opinions to the State Planning Commission for
examination and approval.
As to extra-large engineering projects, the State Planning Commission shall
organize preliminary examination and submit a report with its opinions
concerning the examination to the State Council for approval.
The competent authorities or the units undertaking the construction
projects, while selecting the most qualified foreign designing institutions,
shall also select domestic designing institutions for the cooperative designing.
Article 4 Only after passing an examination of designing qualifications
can a foreign designing institution be entrusted with the task of designing an
engineering project in China. The competent authorities for the engineering
project shall be responsible for examining the qualifications of the foreign
designing institution.
The examination of designing qualifications covers the following main
items:
(1) a certificate of registered designing qualifications issued by the
country or region where the foreign designing institution is located;
(2) the technical level, technical force, and the state of its
technological equipment;
(3) the record of its experiences in undertaking project designing and the
state of its operations and management;
(4) its reputation in society.
Article 5 A contract for cooperative designing shall be concluded between
the two parties in cooperation, stipulating explicitly the rights and
obligations of the two parties.
The contract of cooperative designing shall include the following main
items:
(1) the names of the two institutions in cooperation, their nationality,
their head offices, and the names, positions, nationality and addresses of
their respective legal representatives;
(2) the purpose, scope and period of cooperation;
(3) the form of cooperation, and the requirements for the contents, depth
and quality of designs, and for work progress;
(4) the mix of currencies in which the two cooperating parties wish to be
paid for their designing fees, and the methods and the proportions of
distribution;
(5) the ways of business communication between the two parties in
cooperation;
(6) liabilities for the breach of contract;
(7) the ways of settling disputes over the contract;
(8) the conditions for the contract to be effective;
(9) the date and place for signing the contract.
Article 6 At the time when the contract for cooperative designing is
signed, the chief designing party selected shall sign a contract for project
designing with the entrusting party of the engineering project.
Article 7 The cooperative designing may either cover the whole process of
an engineering project, i.e., from prospecting to the designing of the project,
or just involve a particular phase of the project.
Article 8 With respect to the selection of the main types of equipment as
well as that of materials, the proposal in the matter shall, after consultation
between the two parties in cooperation, be put forward by the chief designing
party. Equipment and materials originating in China shall be given priority in
selection, on condition that they satisfy the requirements of production in
terms of technology and use.
Article 9 Advanced and appropriate standards and norms shall be adopted in
cooperative designing and the two parties in cooperation shall provide each
other with the models they plan to adopt.
Article 10 The two parties in cooperation shall have a joint check up on
the designing conditions, and both parties shall be jointly responsible for the
quality of the designs. As soon as the two parties have completed their
designing in accordance with the stipulations of the contract, they shall
submit the designs to the entrusting party for examination and approval.
Article 11 In the course of cooperative designing, in case the foreign
designing institution requires basic data concerning the topography, geology,
hydrology, meteorology, and environment in the location of the project, the
entrusting party of the engineering project shall apply to the related
competent authorities for examination and approval in accordance with the
different categories of data, and the provision of such data is non-gratuitous.
The users of such data are not permitted to transfer the data to a third party.
Article 12 In the course of cooperative designing, the two parties in
cooperation shall, in accordance with the stipulations of the contract, fulfil
their respective obligations to the letter; if one party fails to meet the
requirements of the contract, it shall take the liabilities stipulated in the
contract.
Article 13 The two parties in cooperation shall, in accordance with the
provisions of the tax law of China, pay taxes on the income accruing to them
from the designing work.
Article 14 Cooperative designing, undertaken by designing institutions in
Hong Kong and Macao with the designing institutions in the mainland, shall be
handled with reference to these Provisions.
Article 15 The right to interpret these Provisions resides in the State
Planning Commission.
Article 16 These Provisions shall go into effect as of July 1, 1986.?
LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CONTROL OF THE EXIT AND ENTRY OF CITIZENS
RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON ACQUAINTING CITIZENS WITH BASIC KNOWLEDGE OF LAW
|
(Effective Date:1985.11.22–Ineffective Date:)
In the interest of developing socialist democracy and improving the socialist legal system, it is necessary to place the law in the 1. Beginning in 1986, a programme of education aimed at popularizing basic knowledge of law among all citizens capable of understanding 2. The popularization of basic knowledge of law is intended, first and foremost, for cadres at all levels and for young people. In 3. The popularization of basic knowledge of law shall focus on the Constitution and cover the essentials of the basic laws, such as 4. Schools are important places for popularizing basic knowledge of law. Universities, secondary schools, primary schools and schools 5. It is necessary to write or compile concise and popular readers on basic knowledge of law to conduct publicity and education for 6. The popularization of basic knowledge of law shall be conducted under the leadership of the Communist Party of China and by setting
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FRONTIER HEALTH AND QUARANTINE LAW
| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1986-12-02 | Effective Date | 1987-05-01 |
|
Frontier Health and Quarantine Law of the People’s Republic of China |
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Contents
Chapter I General Provisions
Chapter II Quarantine Inspection
Chapter III Monitoring of Infectious Diseases
Chapter IV Health Supervision
Chapter V Legal Liability
Chapter VI Supplementary Provisions
(Adopted at the 18th Meeting of the Standing Committee of the Sixth
National People’s Congress, promulgated by Order No. 46 of the President of
the People’s Republic of China on December 2, 1986, and effective as of
May 1, 1987)
Contents
Chapter I General Provisions
Chapter II Quarantine Inspection
Chapter III Monitoring of Infectious Diseases
Chapter IV Health Supervision
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to prevent infectious diseases
from spreading into or out of the country, to carry out frontier health and
quarantine inspection and to protect human health.
Article 2 Frontier health and quarantine offices shall be set up at
international seaports, airports and ports of entry at land frontiers and
boundary rivers (hereinafter referred to as “frontier ports”) of the People’s
Republic of China. These offices shall carry out the quarantining and
monitoring of infectious diseases, and health inspection in accordance with
the provisions of this Law.
Health administration departments under the State Council shall be in
charge of frontier health and quarantine work throughout the country.
Article 3 Infectious diseases specified in this Law shall include
quarantinable infectious diseases and infectious diseases to be monitored.
Quarantinable infectious diseases shall include plague, cholera, yellow
fever and other infectious diseases determined and announced by the State
Council.
Infectious diseases to be monitored shall be determined and announced by
health administration departments under the State Council.
Article 4 Persons, conveyances and transport equipment, as well as
articles such as baggage, goods and postal parcels that may transmit
quarantinable infectious diseases, shall undergo quarantine inspection upon
entering or exiting the country. No entry or exit shall be allowed without the
permission of a frontier health and quarantine office. Specific measures for
implementation of this Law shall be stipulated in detailed regulations.
Article 5 On discovering a quarantinable infectious disease or a disease
suspected to be quarantinable, a frontier health and quarantine office shall,
in addition to taking necessary measures, immediately notify the local health
administration department; at the same time, it shall make a report to the
health administration department under the State Council by the most
expeditious means possible, within 24 hours at the latest. Post and
telecommunications departments shall give priority to transmissions of
reports of epidemic diseases.
Messages exchanged between the People’s Republic of China and foreign
countries on the epidemic situation of infectious diseases shall be handled by
the health administration department under the State Council in conjunction
with other departments concerned.
Article 6 When a quarantinable infectious disease is prevalent abroad or
within China, the State Council may order relevant sections of the border to
be blockaded or adopt other emergency measures.
Chapter II Quarantine Inspection
Article 7 Persons and conveyances on entering the country shall be
subject to quarantine inspection at designated places at the first frontier
port of their arrival. Except for harbour pilots, no person shall be allowed
to embark on or disembark from any means of transport and no articles such as
baggage, goods or postal parcels shall be loaded or unloaded without the
health and quarantine inspector’s permission. Specific measures for the
implementation of this Law shall be stipulated in detailed regulations.
Article 8 Persons and conveyances exiting the country shall be subject to
quarantine inspection at the last frontier port of departure.
Article 9 When foreign ships or airborne vehicles anchor or land at
places other than frontier ports in China, the persons in charge of the ships
or airborne vehicles must report immediately to the nearest frontier health
and quarantine office or to the local health administration department. Except
in cases of emergency, no person shall be allowed to embark on or disembark
from the ship or airborne vehicle, and no articles such as baggage, goods and
postal parcels shall be loaded or unloaded without the permission of a
frontier health and quarantine office or the local health administration
department.
Article 10 When a quarantinable infectious disease, a disease suspected
to be quarantinable or a death due to an unidentified cause other than
accidental harm is discovered at a frontier port, the relevant department at
the frontier port and the person in charge of the conveyance must report
immediately to the frontier health and quarantine office and apply for
provisional quarantine inspection.
Article 11 According to the results of an inspection made by quarantine
doctors, the frontier health and quarantine office shall sign and issue a
quarantine certificate for entry or exit to a conveyance either uncontaminated
by any quarantinable infectious disease or already given decontamination
treatment.
Article 12 A person having a quarantinable infectious disease shall be
placed in isolation by the frontier health and quarantine office for a period
determined by the results of the medical examination, while a person suspected
of having a quarantinable infectious disease shall be kept for inspection for
a period determined by the incubation period of such desease.
The corpse of anyone who died from a quarantinable infectious disease must
be cremated at a nearby place.
Article 13 Any conveyance subject to entry quarantine inspection shall be
disinfected, deratted, treated with insecticides or given other sanitation
measures when found to be in any of the following conditions:
(1) having come from an area where a quarantinable infectious disease is
epidemic;
(2) being contaminated by a quarantinable infectious disease; or
(3) revealing the presence of rodents which affect human health or insects
which are carriers of disease.
Apart from exceptional cases, when the person in charge of the foreign
conveyance refuses to allow sanitation measures to be taken, the conveyance
shall be allowed to leave the frentier of the People’s Republic of China
without delay under the supervision of the frontier health and quarantine
office.
Article 14 A frontier health and quarantine office shall conduct
sanitation inspections and disinfect, derat, treat with insecticides or apply
other sanitation measures to articles such as baggage, goods and postal
parcels that come from an epidemic area and are contaminated by a
quarantinable infectious disease or may act as a vehicle of a quarantinable
infectious disease.
A consignor or an agent for the transportation of a corpse or human
remains into or out of the country must declare the matter to a frontier
health and quarantine office; transport thereof, in either direction across
the border, shall not be allowed until sanitary inspection proves satisfactory
and an entry or exit permit is given.
Chapter III Monitoring of Infectious Diseases
Article 15 Frontier health and quarantine offices shall monitor persons
on entry or exit for quarantinable infectious diseases and shall take
necessary preventive and control measures.
Article 16 Frontier health and quarantine offices shall be authorized to
require persons on entry or exit to complete a health declaration form and
produce certificates of vaccination against certain infectious diseases, a
health certificate or other relevant documents.
Article 17 For persons who suffer from infectious diseases to be
monitored, who come from areas in foreign countries where infectious diseases
to be monitored are epidemic or who have close contact with patients suffering
from infectious diseases to be monitored, the frontier health and quarantine
offices shall, according to each case, issue them medical convenience cards,
keep them for inspection or take other preventive or control measures, while
promptly notifying the local health administration department about such
cases. Medical services at all places shall give priority in consultation and
treatment of persons possessing medical convenience cards.
Chapter IV Health Supervision
Article 18 Frontier health and quarantine offices shall, in accordance
with state health standards, exercise health supervision over the sanitary
conditions at frontier ports and the sanitary conditions of conveyances on
entry or exit at frontier ports. They shall
(1) supervise and direct concerned personnel on the prevention and
elimination of rodents and insects that carry diseases;
(2) inspect and test food and drinking water and facilities for their
storage, supply and delivery;
(3) supervise the health of employees engaged in the supply of food and
drinking water and check their health certificates; and
(4) supervise and inspect the disposal of garbage, waste matter, sewage,
excrement and ballast water.
Article 19 Frontier health and quarantine offices shall have frontier
port health supervisors, who shall carry out the tasks assigned by the
frontier health and quarantine offices.
In performing their duties, frontier port health supervisors shall be
authorized to conduct health supervision and give technical guidance regarding
frontier ports and conveyances on entry or exit; to give advice for
improvement wherever sanitary conditions are unsatistactory and factors exist
that may spread infectious diseases; and to coordinate departments concerned
to take necessary measures and apply sanitary treatment.
Chapter V Legal Liability
Article 20 A frontier health and quarantine office may warn or fine,
according to the circumstances, any unit or individual that has violated the
provisions of this Law by committing any of the following acts:
(1) evading quarantine inspection or withholding the truth in reports to
the frontier health and quarantine office;
(2) embarking on or disembarking from conveyances upon entry, or loading
or unloading articles such as baggage, goods or postal parcels, without the
permission of a frontier health and quarantine office and refusing to listen
to the office’s advice against such acts.
All fines thus collected shall be turned over to the state treasury.
Article 21 If a concerned party refuses to obey a decision on a fine
made by a frontier health and quarantine office, he may, within 15 days after
receiving notice of the fine, file a lawsuit in a local people’s court. The
frontier health and quarantine office may apply to the people’s court for
mandatory enforcement of a decision if the concerned party neither files a
lawsuit nor obeys the decision within the 15-day term.
Article 22 If a quarantinable infectious disease is caused to spread or
is in great danger of being spread as a result of a violation of the
provisions of this Law, criminal responsibility shall be investigated in
accordance with Article 178 of the Criminal Law of the People’s Republic of
China.
Article 23 The personnel of frontier health and quarantine offices must
enforce this Law impartially, perform duties faithfully and promptly conduct
quarantine inspection on conveyances and persons upon entry or exit. Those who
violate the law or are derelict in their duties shall be given disciplinary
sanctions; where circumstances are serious enough to constitute a crime,
criminal responsibility shall be investigated in accordance with the law.
Chapter VI Supplementary Provisions
Article 24 Where the provisions of this Law differ from those of
international treaties on health and quarantine that China has concluded or
joined, the provisions of such international treaties shall prevail, with the
exception of the treaty clauses on which the People’s Republic of China has
declared reservations.
Article 25 In cases of temporary contact between frontier defence units
of the People’s Republic of China and those of a neighbouring country, of a
temporary visit at a designated place on the frontier by residents of the
border areas of the two countries and of entry or exit of conveyances and
persons of the two sides, quarantine inspection shall be conducted in line
with the agreements between China and the other country or, in the absence of
such an agreement, in accordance with the relevant regulations of the Chinese
Government.
Article 26 Frontier health and quarantine offices shall charge for health
and quarantine services according to state regulations.
Article 27 The health administration department under the State Council
shall, in accordance with this Law, formulate rules for its implementation,
which shall go into effect after being submitted to and approved by the State
Council.
Article 28 This Law shall go into effect on May 1, 1987. On the same day,
the Frontier Health and Quarantine Regulations of the People’s Republic of
China promulgated on December 23, 1957, shall be invalidated.