1993

PROVISION FOR THE ISSUANCE OF THE IMPORT DRUG PERMIT

INTERIM PROVISIONS ON THE ADMINISTRATION OF AFFAIRS CONCERNING TOURIST GUIDES

Category  TOURISM Organ of Promulgation  The State Council Status of Effect  Invalidation
Date of Promulgation  1987-12-01 Effective Date  1988-03-01 Date of Invalidation  1999-10-01


Interim Provisions on the Administration of Affairs Concerning Tourist Guides



(Approved by the State Council on November 14, 1987 and promulgated by

the national Tourism Administration on December 1, 1987) (Editor’s Note:
This Regulation has been annulled by Regulation on the Administration of
Affairs Concerning Tourist Guides promulgated on May 14, 1999, and eff-
ective as the date of October 1, 1999)

    Article 1  These Provisions are formulated in order to strengthen the
unified administration of affairs concerning tourist guides throughout the
country, to improve the quality standard of tourist services, to protect the
lawful rights and interests of tourist guides, and to promote the sound
development of the tourist industry.

    Article 2  The term “tourist guides”, as used in these Provisions, refers
to those working personnel who make arrangements for tours and sightseeing for
tourists (including tourist groups, the same below), serve as tourist guides
and interpreters, and provide other services for tourists during their
sightseeing trips.

    Tourist guides shall, at the request of tourists, use foreign languages,
the Chinese putonghua or various Chinese dialects, and languages of minority
nationalities, respectively in their tourist work.

    Article 3  Tourist guides are divided into three categories:
full-itinerary guides, local guides, and spot guides.

    “Full-itinerary guides” refer to those personnel who are appointed or
engaged by tourist agencies (including tourist companies, the same below) to
provide full-itinerary services for those tourists who make a trans-regional
tour beyond the confines of provinces, autonomous regions, and municipalities
directly under the Central Government.

    “local guides” refer to those personnel who are appointed or engaged by
tourist agencies to provide tourist services for those tourists who make a
tour within the confines of a province, an autonomous region, or a
municipality directly under the Central Government.

    “Spot guides” refer to those personnel who are appointed or engaged by
tourist agencies to provide tourist services for those tourists who make a
tour within the confines of a certain scenic spot.

    Article 4  The legitimate rights and interests of tourist guides shall be
protected by Laws of the State, no institutions or individuals shall be
permitted to interfere illegally with the tourist guides in execution of their
tasks.

    Article 5  The duties of tourist guides shall be as follows:

    (1) to accept the tourist tasks assigned by their tourist agency, and make
arrangements, in accordance with the reception plan, for taking tourists on a
sightseeing tour;

    (2) to accompany tourists on a sightseeing tour, explain to them and
disseminate among them the Chinese culture;

    (3) to work in coordination with the departments concerned and urge them
to make arrangements for the tourists’ transportation, meals, and
accommodation, and to protect the safety of the tourists and their properties
and belongings;

    (4) to make the tourists’ requests and complaints known to whom it may
concern and provide assistance in making arrangements for such activities as
interviews, informal discussions, etc.;

    (5) to answer the questions and inquiries raised by tourists, and assist
in solving problems that crop up during the sightseeing tour.

    Article 6  Tourist guides shall meet the following qualifications:

    (1) they must be citizens of the People’s Republic of China, have a deep
love for their motherland, uphold the socialist system, observe disciplines
and abide by the laws, comply with the professional ethics of tourism, and
serve tourists wholeheartedly;

    (2) they must have a schooling above the senior middle school level and
the command of language and power of expression needed for a qualified tourist
guide;

    (3) they must be familiar with the tourist business, and possess the
ability of organization in reception work;

    (4) they must be in good health, and adaptable to the needs of work.

    Article 7  Those meeting the qualifications mentioned in the preceding
Article shall take and pass a qualification examination and go through the
registration formalities before they are permitted to take up the job of a
tourist guide.

    Article 8  Graduates of institutions of higher learning who have been
assigned to work in a tourist agency and who have met the qualifications
specified in Article 6 may serve as probationary tourist guides for one year
before they become regular tourist guides after passing the qualification
examination.

    Article 9  A tourist agency may, in light of needs of work, advertise for
the engagement of amateur tourist guides from society. Those who have met the
qualifications listed in Article 6 of these Provisions shall present the
relevant certifications, pass the qualification examination before they are
permitted to take up the job of an amateur tourist guide.

    Article 10  The qualification examination for tourist guides shall be
organized and administered by the examination committee, which is established
with the approval of the tourism administration department of the province,
autonomous region, or municipality directly under the Central Government, and
be placed under the unified leadership and arrangement by the national
examination committee established with the approval from the National Tourism
Administration.

    Article 11  Those who have passed the qualification examination shall go
through the procedures for registration with the National Tourism
Administration or with the tourism administration departments of various
provinces, autonomous regions, or municipalities directly under the Central
Government, and obtain the certificate for tourist guides.

    Article 12  The chief duties of a tourist agency in its routine
administrative work relating to tourist guides shall be as follows:

    (1) to carry on education in political ideology, professional ethics,
legality, and discipline;

    (2) to conduct training in tourist business operations;

    (3) to be responsible for assessment, reward and punishment work inside
the tourist agency;

    (4) to deal with tourists’ complaints concerning tourist guides.

    Article 13  The tourism administration department may send personnel to
inspect the work of tourist guides. The tourist guides concerned may not
refuse such inspection without justification. Inspectors shall, while
executing their inspection tasks, produce the certification for the inspection
issued by the tourism administration departments.

    Article 14  Tourist guides shall, while executing their tasks, wear the
badge for tourist guides, and carry along with them the certificate for
tourist guides.

    Article 15  Tourist guides who have carried out these Provisions
conscientiously, have made great achievements in their work, and have
distinguished themselves by offering tourists excellent service, shall be
rewarded by the tourism administration department or by their tourist agency.

    Article 16  Tourist guides, who have committed one of the following acts,
shall be punished by the tourism administration department:

    (1) those who fail to carry out the various duties stipulated in Article 5
of these Provisions, and cause grave consequences shall, depending on the
seriousness of the cases, be given disciplinary sanctions, and may have their
tourist guides’ badges and certificates withheld;

    (2) those who unjustifiably refuse to submit themselves to inspection in
contravention of the stipulations in Article 13 of these Provisions shall have
their badges and certificates withheld;

    (3) those who have committed the acts mentioned in the preceding two
paragraphs, if the case is extremely abominable, shall, with the approval from
the tourism administration department of the province, autonomous region, or
municipality directly under the Central Government, have their badges and
certificates revoked and their registration as tourist guides cancelled.

    Article 17  Those who have illegally interfered in the work of tourist
guides and caused consequences shall be dealt with by the tourism
administration department in coordination with other departments concerned.
The departments concerned shall give their support.

    Article 18  Those, who have not taken the prescribed qualification
examination and gone through the registration procedures in accordance with
these Provisions, shall not be permitted to take up the job of a tourist
guide. With respect to those who, without permission, have conducted
activities of tourist guides and received tourist fees, the tourism
administration department shall confiscate the violators’ illegal gains, and
may also impose a fine equal to three times as much, or less, as the amount of
illegal gains.

    Article 19  If a violator refuses to accept the decision of penalty by the
tourism administration department, he/she may, within 15 days after receiving
the notification of punishment, lodge an appeal to the tourism administration
department at a higher level; the tourism administration department at a
higher level shall give reply within 15 days after receiving the appeal.

    Article 20  The right to interpret these Provisions shall reside in the
National Tourism Administration, and the rules for the implementation of these
Provisions shall be formulated by the National Tourism Administration.

    Article 21  These Provisions shall go into effect on March 1, 1988.






MEASURES FOR THE CONTROL OF NARCOTIC DRUGS

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1987-11-28 Effective Date  1987-11-28  


Measures for the Control of Narcotic Drugs

Chapter I  General Provisions
Chapter II  The Cultivation of Mother Plants of Narcotics and the
Chapter III  The Supply of Narcotic Drugs
Chapter IV  Transportation of Narcotic Drugs
Chapter V  Import and Export of Narcotic Drugs
Chapter VI  The Use of Narcotic Drugs
Chapter VII  Penalty Provisions
Chapter VIII  Supplementary Provisions

(Promulgated by the State Council of the People’s Republic of China on

November 28, 1987)
Chapter I  General Provisions

    Article 1  These Measures are formulated in accordance with the Medicine
Administration Law of the People’s Republic of China, for the purpose of
tightening control over narcotic drugs so as to ensure their safe use in
medical treatment units, medical colleges and medical research institutions.

    Article 2  Narcotic drugs refer to those drugs that may cause dependence
and addiction after continuous administration.

    Article 3  Narcotic drugs include opium, cocaine, marijuana, synthetic
anaesthetic drugs and those defined by the Ministry of Public Health as
addict-forming drugs, anaesthetic raw herbs and the products made from them.

    Article 4  The State shall strictly supervise and control the cultivation
of the mother plants of narcotics and the production, supply, export and
import of narcotic drugs. Narcotic drugs shall not be used except for the
purpose of medical treatment, teaching and research when necessary.
Chapter II  The Cultivation of Mother Plants of Narcotics and the
Production of Narcotic Drugs

    Article 5  The units that cultivate mother plants of narcotics must be
examined and approved jointly by the Ministry of Public Health, the Ministry
of Agriculture, Animal Husbandry and Fishery and the State Administration for
Medicine. A copy of the report shall be sent to the Ministry of Public
Security.

    The units that produce narcotic drugs must be examined and approved
jointly by the Ministry of Public Health and the State Administration for
Medicine. Without approval, no unit or individual shall be allowed to produce
narcotic drugs.

    Article 6  The annual cultivation plan for mother plants of narcotics
shall be examined and approved jointly by the Ministry of Public Health and
the Ministry of Agriculture, Animal Husbandry and Fishery. The annual
production plan of narcotic drugs shall be examined and approved jointly by
the Ministry of Public Health and the State Administration for Medicine. The
cultivation units and the production units shall not change the plans without
authorization. The cultivation unit and the production unit must assign a
person or persons with the special responsibility for the storage of the
finished products, semi-finished products, poppy capsules and poppy seeds.
Sale or use of these things without authorization shall be strictly prohibited.

    Article 7  Narcotic drugs must be brought under strict quality control.
The quality of the products must meet the standards set for medicines by the
State.

    Article 8  Before the development of any new kind of narcotic drugs, the
research unit must first of all draw up a plan and submit it to the Ministry
of Public Health for examination and approval. After the new drug is
developed, the research and trial production units must go through the
formalities for the approval of such new drugs. The storage and use of the
trial products must follow strict procedures so as to prevent their loss.
Chapter III  The Supply of Narcotic Drugs

    Article 9  Narcotic drugs shall be provided in a planned way according to
the demand of medical treatment units, medical colleges and scientific
research institutions.

    A national supply plan of narcotic drugs shall be drawn by a department
appointed by the State Administration for Medicine and submitted to the
Ministry of Public Health and the State Administration for Medicine for
examination and approval before it is issued for implementation.

    Article 10  The plan for the setting up of a trading unit of narcotic
drugs shall be put forward jointly by the administrative department of health
and medicine administrative department in each province, autonomous region, or
municipality directly under the Central Government and shall be examined and
approved by the Ministry of Public Health and the State Administration for
Medicine. The trading units shall provide narcotic drugs only to those
consumer units approved by the administrative department of health and within
the prescribed quota. No supply for any other unit or person is permitted.

    Article 11  Poppy capsules used for medical purposes shall be supplied by
the trading units appointed by the State Administration for Medicine and
medicine department in each province, autonomous region, or municipality
directly under the Central Government. No other unit shall be allowed to
engage in such business. Poppy capsules must be allotted to the consumer units
in accordance with the plan examined and approved jointly by the Ministry of
Public Health and the State Administration for Medicine. Poppy capsules shall
be supplied to the medical treatment units for clinical use and to the
trading units designatd by the administrative departments of health at or
above the county level for clinical application endorsed with an office seal
of their respective medical treatment units. No retail sale of poppy capsules
is allowed. The pharmaceutical factories that need poppy capsules in the
production of ready made Chinese medicine must submit plans to the medicine
administrative department in their province, autonomous region, or
municipality directly under the Central Government for examination and then to
the administrative department of health for approval before production.

    Article 12  A trading unit of narcotic drugs must have a special
storehouse or counter(s) with good storage conditions and assign a person or
persons with special responsibility for the storage, transportation and supply
of narcotic drugs.
Chapter IV  Transportation of Narcotic Drugs

    Article 13  A permit for domestic consignment issued by the Ministry of
Public Health is needed when going through shipment formalities for
transporting medicinal opium. Shipment of medicinal opium from the cultivation
unit to the storehouse of the State Administration Medicine shall be escorted
by the people sent by the consignor unit. Shipment of medicinal opium from the
storehouse to the production enterprises shall be escorted by the people sent
by consignee unit. The number of escorts shall be decided in accordance with
the regulations of the transportation department.

    Permit for domestic transportation of such drugs shall be printed solely
by the Ministry of Public Health.

    Article 14  When consigning narcotic drugs or poppy capsules (not
including medicinal opium), the production unit or the supply unit must put
down clearly the words of Narcotic Drug in the blank for the name of goods on
the shipping document and a seal for consignment of Narcotic Drug must be
stamped in the space left for the consignor.

    Article 15  The freighter unit must tighten control over the shipment of
narcotic drugs and poppy capsules by dispatching the consignment promptly and
shortening its storage time at the station, on the dock or at the airport.
They must not be transported in open wagons on railways and, if by ship, no
loading on hold surface is allowed and, if by truck, they must be securely
fastened up and safely protected.

    Article 16  In the event that any of the narcotic drugs or poppy capsules
are found missing in the course of transportation, the freighter-unit must
report the case promptly to the local public security organ and the
administrative department of health for investigation.
Chapter V  Import and Export of Narcotic Drugs

    Article 17  The import and export of narcotic drugs shall be handled by
the units appointed by the Ministry of Foreign Economic Relations and Trade in
accordance with State regulations concerning foreign trade.

    No other units shall be allowed to engage in the business. The annual plan
for import and export of narcotic drugs shall be subject to examination and
approval by the Ministry of Public Health.

    Article 18  The import of narcotic drugs needed in medical treatment
units, medical colleges or medical science research institutions must be
verified and approved by the Ministry of Public Health. Only after an Import
License for Narcotic Drugs is granted can these units apply to go through
import formalities.

    Article 19  The export of narcotic drugs must be verified and approved by
the Ministry of Public Health. An application and an import license which is a
prerequisite to going through import formalities for narcotic drugs issued by
the competent government department of the importing country must be presented
before the Ministry of Public Health issues an Export License for Narcotic
Drugs.

    Article 20  Import and export licenses for narcotic drugs shall be printed
exclusively by the Ministry of Public Health.
Chapter VI  The Use of Narcotic Drugs

    Article 21  Narcotic drugs shall only be used for medical treatment, in
teaching at medical colleges and in medical science research. Any medical
treatment unit with medical wards and with surgical or other necessary medical
treatment facilities may file an application to the local administrative
department of health. Upon approval by the administrative department of health
at a higher level, and after the level of supply is verified, a Purchase
Card for Narcotic Drugs shall be issued. The aforesaid unit may purchase the
needed narcotic drugs from the designated trading units according to the fixed
quota.

    When the medical colleges or scientific research institutions are in need
of narcotic drugs, they shall file an application to the administrative
department of health at a higher level and, upon approval, may purchase these
drugs from the trading units of narcotic drugs.

    The Ministry of Public Health is the authority to make out the grading
standard of rations.

    Article 22  Narcotic consuming unit must fill out an application form for
when purchasing, narcotic drugs and the supplying unit must check the various
seals and the number of seals stamped on the form before supplying them with
the kind of drugs on quarterly ration as stipulated in the regulations set by
the Ministry of Public Health.

    Article 23  The unit in need of narcotic drugs can either purchase them
directly from the trading units or by mail order. In the latter case, however,
the shipping documents and certificates must be sent out by registered mail.
When sending the narcotic drugs by post, the sender-trading unit is required
to stamp a Seal for Narcotic Drugs on the parcel form and to present to the
post office the invoice with a Seal for Narcotic Drugs stamped on.

    Article 24  Preparations that fall under the catagory of narcotic drugs
must be purchased from the trading units of narcotic drugs. In case that they
are not available or special preparations are needed by the medical treatment
units, the authorized consuming medical units may prepare them by themselves
with approval by the administrative department of health at or above the
county level. No other unit shall be allowed to prepare any form of
anaesthetic.

    Article 25  The medical worker who prescribes any anaesthetics for the
patient must be a qualified physician or a surgeon, who is tested to have been
able to use such drugs properly.

    The surgeon at the induced abortion ward who is tested to have been able
to use such drugs properly may have the right to prescribe anaesthetics for
the person to be operated on.

    Article 26  Dosage for injection in each prescription must not exceed two
days of daily dose, as for the tablet, tincture, syrup, the dosage must not
exceed three days of daily dose. Administration of narcotic must not exceed a
period of seven days running. Prescription of narcotic drugs must be fully and
clearly stated with signature of the physician or surgeon on. When preparing a
narcotic drug, the pharmacist and the checker are required to sign their names
and keep the prescription of the narcotic drug on file. No medical worker is
allowed to prescribe any narcotic drug for him/herself.

    Article 27  In the case of a patient in serious conditions who is
diagnosed by a hospital at or above county level to be in need of narcotic
drugs as a pain killer, the hospital appointed by the administrative
department of health at or above the county level may issue the patient with a
Special Purchasing Card for Narcotic on the basis of the Prescription and by
checking his permanent residence booklet, and the patient may take this to the
appointed medical treatment unit to have the drug prepared. If the patient
holding a Special Purchasing Card for Narcotic is in need of a larger dose and
the seasonal ration of the medical treatment unit fails to meet the demand,
additional amount of narcotic shall be made available only with the approval
by the administrative department of health at a higher level.

    Article 28  Medical treatment units are required to tighten control over
narcotic drugs. Any illegal use, storage, transfer or borrowing of narcotic
drugs is prohibited. Narcotic drugs must be put under the charge of a person
specially appointed for the purpose and kept in a separate place under lock.
The distribution and prescriptions of narcotic drugs must be kept in record
separately from those of other medicine.

    The prescriptions must be kept on file for a period of three years. The
medical treatment unit shall have the right to refuse dispensing of drugs to
those who abuse them in violation of relevant rules and regulations and shall
report the case to the local administrative department of health promptly.

    Article 29  In the event of an emergency case which is in need of narcotic
drugs, the medical treatment unit so involved and the trading unit of narcotic
drugs are required to supply a dose of narcotic promptly for the case only,
and the necessary formalities shall be done after the event.
Chapter VII  Penalty Provisions

    Article 30  Anyone who, in violation of these Measures, commits any of the
following act shall be subject to penalty by the local administrative
department of health according to the seriousness of the case, and the penalty
shall cover confiscation of all the narcotic drugs and the illegal earnings,
a fine ranging from 5-10 times the illegal profits, closing down of the
business or revocation of “License for Pharmaceutical Production Enterprise”,
“License for Pharmaceutical Business Enterprise” or “License for Medicaments”:

    (1) to engage in the production of narcotic drugs or to change the
production plan and make additional kinds of narcotic drugs without
authorization;

    (2) to engage in unauthorized trading business of narcotic drugs and poppy
capsules;

    (3) to supply or oversupply narcotics to any unit or person that
has not been granted the permission to use the stuff;

    (4) to prepare and sell any form of narcotic drugs without authorization;

    (5) to engage in unauthorized import or export of narcotic drugs;

    (6) to apply any new kind of narcotic drugs to patients clinically
or to produce any new kind of narcotic drugs without authorization.

    Article 31  Those who have taken advantage of their professional work by
prescribing narcotics to other persons without complying with the rules or by
prescribing narcotics for themselves, and those who are directly responsible
for cheating to obtain or abusing the stuff, shall be given disciplinary
sanctions by the authorities of their units.

    Article 32  Those who, in violation of these Measures, cultivate poppy
without authorization or take in narcotic drugs illegally shall be punished by
a public security organ in accordance with the Regulations on Administrative
Penalties for Public Security or other related rules.

    Article 33  With respect to any one who produces, transports or sells
narcotics or poppy capsules, if the circumstances are serious enough to
constitute a crime, he shall be prosecuted for criminal liability by the
judicial organs according to law.

    Article 34  A party who is dissatisfied with the decision on an
administrative sanction may, within 15 days of receiving the notification on
the sanction, make a request for reconsideration to the authorities at the
level next higher, which shall make a reply within 10 days of receipt of the
appeal. If he is dissatisfied with the decision on reconsideration, he may,
within 15 days of receiving the reconsideration decision, bring a suit before
a people’s court. If, upon the expiration of this period, the party has
neither complied with the sanction nor has brought a suit before a people’s
court, the authorities that impose the sanction shall apply to the people’s
court for compulsory enforcement.
Chapter VIII  Supplementary Provisions

    Article 35  The specific administration rules for the supply and use of
narcotic drugs in the health and medical treatment units of the Chinese
People’s Liberation Army and the Chinese People’s Armed Police Force shall be
formulated jointly by the Ministry of Public Health, the General Logistics
Department of the Chinese People’s Liberation Army and the Logistics
Department of the Chinese People’s Armed Police Force in accordance with
these Measures.

    Article 36  The specific administration rules for the supply and use of
veterinary narcotic drugs shall be formulated jointly by the Ministry of
Public Health and the Ministry of Agriculture, Animal Husbandry and Fishery in
accordance with these Measures.

    Article 37  The rules for the implementation of these Measures shall be
formulated by the Ministry of Public Health.

    Article 38  These Measures shall go into effect as of the date of
promulgation. The Provisions for the Administration of Narcotic Drugs,
promulgated by the State Council of the People’s Republic of China on
September 13, 1978, shall become null and void on the same day.






REGULATIONS FOR THE ADMINISTRATION OF THE AIRWORTHINESS OF CIVIL AIRCRAFT

Category  CIVIL AVIATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1987-05-04 Effective Date  1987-06-01  


Regulations of the People’s Republic of China for the Administration of the Airworthiness of Civil Aircraft



(Promulgated by the State Council on May 4, 1987)

    Article 1  These Regulations are formulated for the purpose of ensuring
safety in civil aviation, protecting public interests and promoting the
development of civil aviation undertakings.

    Article 2  All units or individuals that are engaged in the designing,
manufacturing, use and maintenance of civil aircraft (including aircraft
engines and propellers, and the same hereinafter) within the People’s Republic
of China, all units or individuals that export civil aircraft to the People’s
Republic of China, and all units or individuals that perform outside the
People’s Republic of China maintenance services to aircraft registered in the
People’s Republic of China shall abide by these Regulations.

    Article 3  The administration of the airworthiness of civil aircraft
denotes the technical appraisal and supervision exercised in accordance with
the pertinent provisions of the State over the designing, manufacturing, use
and maintenance of civil aircraft for the purpose of ensuring safety in flight.

    Article 4  The Civil Aviation Administration of China (hereinafter
referred to as the “CAAC”) shall be responsible for the administration of the
airworthiness of civil aircraft.

    Article 5  The administration of the airworthiness of civil aircraft shall
be exercised in accordance with the prescribed airworthiness criteria and
procedures.

    Article 6  Any units or individuals that intend to design civil aircraft
shall, on the strength of the document issued by the Ministry of Aeronautic
Industry for the examination and approval of the design project, apply to the
CAAC for a Certificate of Up-to-Standard Model. The CAAC shall, after receipt
of the application therefor, conduct the examination and appraisal, in
accordance with the relevant provisions, as to whether the model to be
designed is up to standard and, if the model is proved to be up to standard,
a Certificate of Up-to-Standard Model shall be issued.

    Article 7  Any units or individuals that intend to manufacture civil
aircraft shall have the necessary manufacturing capacity and shall, on the
strength of the Certificate of Up-to-Standard Model as prescribed in Article 6
of these Regulations and with the consent of the Ministry of Aeronautic
Industry, apply to the CAAC for a Manufacturing Permit. The CAAC shall, after
receipt of the application therefor, conduct examination and appraisal, in
accordance with the relevant provisions, as to whether the applicants are
qualified to obtain a Manufacturing Permit, if they are proved to be
qualified, a Manufacturing Permit shall be issued to them, together with an
Airworthiness Certificate to be issued in accordance with the relevant
provisions.

    No units or individuals that have not obtained a Manufacturing Permit in
accordance with the provisions of the preceding paragraph may manufacture
civil aircraft, except as otherwise prescribed in the provisions of Article 8
of these Regulations.

    Article 8  Any units or individuals that have not obtained a Manufacturing
Permit but intend to manufacture civil aircraft as a result of special needs
shall apply to the CAAC for approval.

    Civil aircraft manufactured in accordance with the provision in the
preceding paragraph shall be examined one by one and only after each of them
is proved to be up to standard shall an Airworthiness Certificate be issued.

    Article 9  Civil aircraft may engage in flight operations only when
they have possessed an Airworthiness Certificate issued by the CAAC.

    The Airworthiness Certificate issued by the CAAC shall specify the type(s)
of activities the aircraft is(are) good for, the period of validity of the
Certificate, and other conditions and restrictions required for ensuring
safety.

    Article 10  If civil aircraft manufactured by units possessing a Civil
Aircraft Manufacturing Permit are to be exported as approved by the competent
authorities under the State Council, the Airworthiness Certificate for Export
shall be issued by the CAAC.

    Article 11  Civil aircraft that are to fly within the People’s Republic of
China must possess Nationality Registration Certificates. Civil aircraft that
have been registered in the People’s Republic of China shall bear the
nationality of the People’s Republic of China and shall be issued Nationality
Registration Certificate by the CAAC. Civil aircraft shall, after obtaining a
Nationality Registration Certificate, stencil on their outer surface the
identification marks of nationality registration in accordance with the
relevant provisions.

    Article 12  Where any units or individuals of the People’s Republic of
China intend to import any model of civil aircraft manufactured in foreign
countries, and if it is imported for the first time and to be used for civil
aviation activities, the units or individuals exporting that civil aircraft
shall apply to the CAAC for examination of the model. The CAAC shall, upon
receipt of the application, conduct the examination of the model of the civil
aircraft in accordance with the relevant provisions. If the model is proved
to be up to standard, a Certificate for Model Approval shall be issued to
permit the import.

    Article 13  A foreign civil aircraft leased by any unit or individual of
the People’s Republic of China may engage in flight operations only after the
CAAC has examined and approved the airworthiness certificate issued by the
country of registry of the said aircraft or only after the CAAC has issued a
new Airworthiness Certificate to the aircraft.

    Article 14  Any units or individuals that have obtained Airworthiness
Certificates for their civil aircraft shall, in accordance with the relevant
provisions of the CAAC and its mandates of airworthiness, use and maintain
the said civil aircraft and ensure that they are in a state of permanent
airworthiness.

    Article 15  The addition or modification of a civil aircraft for which an
Airworthiness Certificate has been obtained shall be subject to the approval
of the CAAC and the essential components and accessories involved shall be
subject to the examination and approval of the CAAC.

    Article 16  Any maintenance units or individuals inside or outside the
People’s Republic of China that intend to undertake maintenance services for
civil aircraft registered in the People’s Republic of China shall apply to the
CAAC for a Maintenance Permit. Only after the CAAC has examined their
maintenance facilities, technical personnel and quality control system, found
them up to standard and issued a Maintenance Permit may they engage in the
maintenance business activities within the scope approved.

    Article 17  Maintenance technical personnel in charge of maintaining and
releasing civil aircraft registered in the People’s Republic of China shall
apply to the CAAC and only after the CAAC or a unit authorized by the CAAC has
examined them and found them qualified and they have thus obtained a
Maintenance Personnel Licence or a similar certificate may they engage in the
maintenance and release of civil aircraft.

    Article 18  Fees shall be charged for the examination of the airworthiness
of a civil aircraft. The amounts to be charged and relevant procedures for
charging shall be set by the CAAC in conjunction with the Ministry of Finance.

    Article 19  The CAAC shall have the right to examine regularly or
selectively the units or individuals that manufacture, use or maintain civil
aircraft, as well as the civil aircraft for which Airworthiness Certificates
have been obtained. If they fail to pass the examination or selective
examination, the CAAC shall impose penalties on them in accordance with the
relevant provisions of these Regulations and may, in addition to that, revoke
their relevant documents.

    Article 20  If any units or individuals that use civil aircraft for flight
activities are found in any one of the following circumstances, the CAAC shall
have the right to order them to suspend flight and impose a fine on them in
accordance with the seriousness of the case:

    1. no Airworthiness Certificate has been obtained for the civil aircraft;

    2. the Airworthiness Certificate of the civil aircraft has expired; or

    3. the civil aircraft has been used beyond the scope prescribed in the
Airworthiness Certificate.

    Article 21  If any units or individuals that maintain civil aircraft are
found in any of the following circumstances, the CAAC shall have the right to
order them to suspend the maintenance business or revoke their Maintenance
Permit and impose a fine on them in accordance with the seriousness of the
case:

    1. no Maintenance Permit has been obtained and yet maintenance business
has been procured without authorization;

    2. maintenance business has been undertaken beyond the business scope
prescribed in the Maintenance Permit; or

    3. personnel who have not obtained a Maintenance Personnel Licence have
been put in charge of the maintenance and release of civil aircraft.

    Article 22  If any units or individuals, in violation of the provisions in
Article 7 of these Regulations, manufacture civil aircraft without
authorization, the CAAC shall have the right to order them to suspend the
manufacturing and impose a fine on them in accordance with the seriousness of
the case.

    Article 23  The superior competent authorities in charge of the units
which are to be penelized in accordance with these Regulations shall, based on
the proposal of the CAAC, subject the principal persons in charge of the
penalized units or other persons directly responsible to administrative
sanctions. If the case is so serious as to constitute a crime, criminal
liabilities shall be investigated by the judicial organs in accordance with
the law.

    Article 24  If accidental death or bodily injury or heavy losses in
property have occurred as a result of negligence in the work of airworthiness
administration, the CAAC shall assume the liability for damages and subject
the persons directly responsible to administrative sanctions. If the act of
the persons directly responsible constitutes a crime, the judicial organs
shall investigate their criminal liabilities in accordance with the law.

    Article 25  The CAAC personnel engaged in airworthiness administration who
take advantage of their positions and powers to seek personal gains
shall be subjected to administrative sanctions. If the case is
so serious as to constitute a crime, criminal liabilities shall be
investigated by the judicial organs in accordance with the law.

    Article 26  Any units or individuals that do not accept the decision of
the CAAC concerning the imposition of a fine may, within 15 days of receipt of
the notice of the fine, apply to the CAAC for reconsideration or directly file
a suit with a people’s court.

    If no application for reconsideration is submitted or no suit is filed and
yet the decision has not been executed at the expiry of the prescribed period
of time, the CAAC may apply to the people’s court for the enforcement of the
decision.

    Article 27  The CAAC shall, on the basis of the opinions widely solicited
from the Ministry of Aeronautic Industry and the various departments concerned,
formulate the rules for the implementation of these Regulations and the
relevant technical standards.

    Article 28  The CAAC shall be responsible for the interpretation of these
Regulations.

    Article 29  These Regulations shall become effective as of June 1, 1987.






RULES FOR THE IMPLEMENTATION OF THE STATISTICS LAW

Category  STATISTICS Organ of Promulgation  The State Council Status of Effect  With An Amendment Existing
Date of Promulgation  1987-02-15 Effective Date  1987-02-15  


Rules for the Implementation of the Statistics Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II  Statistical Investigation Plans and Statistical Systems
Chapter III  Administration and Announcement of Statistical Data
Chapter IV  Statistical Agencies and Statistical Personnel
Chapter V  Awards and Penalties
Chapter VI  Supplementary Provisions

(Approved by the State Council on January 19, 1987, promulgated by the

State Statistical Bureau on February 15, 1987) (Editor’s Note: For the revised
text, see Official Reply of the State Council to Rules for Implementation of Law of Statistics of the People’s Republic of China
promulgated by the
Correspondence of the State Council No.[2000]58 of the State Council Document
on June 2, 2000)
Chapter I  General Provisions

    Article 1  These Rules are formulated in accordance with the provisions
of the Statistics Law of the People’s Republic of China (hereinafter referred
to as the Statistics Law).

    Article 2  The term statistics as used in tile Statistics Law refers to
the statistics of national economic and social development. It mainly includes:
statistics of population and labour force; statistics of national wealth;
statistics of farming; forestry, animal husbandry, fishery and water
conservancy; statistics of industry; statistics of building industry;
statistics of communications and transportation and post and telecommunications
; statistics of commerce, catering trade, supply and marketing of materials and
storage; statistics of real estate administration, public utilities,
neighborhood services and consultation services; statistics of public health,
physical culture and social welfare; statistics of education, culture and arts,
broadcast, films and television; statistics of scientific studies and
comprehensive technical services; statistics of banking and insurance;
statistics of finance and financial affairs; statistics of prices; statistics
of comprehensive balance of national economy; statistics of fixed assets
investment; statistics of people’s life; statistics of politics, law and civil
administration, etc..

    Article 3  Statistical data must be provided in accordance with the
provisions of the Statistics Law and these Rules by all the state organs,
social organizations. enterprises and institutions, various self-employed
business operators and all types of economic partnerships in urban and rural
areas; enterprises and institutions with exclusive foreign capital, or in form
of Chinese foreign equity joint ventures or contractual joint ventures
established in China; enterprises and institutions solely owned, jointly
owned or cooperatively operated by the compatriots from Hong Kong, Macao
and Taiwan and overseas Chinese in China; as well as enterprises and
institutions solely owned, jointly owned or cooperatively operated by China
in Hong Kong, Macao and in foreign countries. They may not make false and
deceptive reports, or refuse to make reports, or delay the reports. No forgery
or illegal alterations of reports shall be allowed.

    Self-governing mass organizations at the grass-roots level and citizens
shall have the obligation to provide accurate information needed in state
statistical investigation.

    Article 4  The state shall, in a planned way, equip statistical agencies
under the people’s governments at various levels with modern information
technology and set up and perfect the state automatic system for statistical
information. The various competent departments in the State Council may,
according to their needs, equip in a planned way the statistical agencies
at the departments and their affiliated organizations with modern information
technology.

    Article 5  Statistical agencies at various levels and statistical
personnel must establish responsibility systems as well as systems for
checks, awards and penalties for their staff so as to improve their work and
raise efficiency constantly. At the same time, they shall exercise the
following functions and powers independently according to law:

    (1) the power of statistical survey — investigating and collecting
relevant information, holding relevant investigation meetings, checking all
kinds of original records and evidence concerning statistical data. The units
and personnel to be investigated must provide true information and data and
may not refuse to make reports, or make false or deceptive reports;

    (2) the power to make statistical reports — sorting out and analysing
the information and data obtained from statistical investigations and
submitting statistical reports to leading organs at higher levels and
relevant departments. No units and individuals shall obstruct or withhold the
statistical reports nor tamper with statistical data;

    (3) the power of statistical supervision — according to statistical
investigation and statistical analysis, conducting statistical supervision of
the national economic and social development, checking the implementation of
national policies and plans, assessing economic results, social effect and
achievements, examining and exposing existing problems, examining practices
of making false and deceptive statistical reports and submitting proposals
for the improvement of work. Departments concerned shall promptly deal with
and reply to the problems reported or exposed and the proposals made by
statistical agencies and personnel.

    Article 6  Local people’s governments, at various levels, competent
departments and enterprises and institutions shall, according to the state
statistical tasks and the needs of their respective localities, departments
and units, strengthen the leadership and supervision over statistical work:

    (1) leading and supporting statistical agencies and personnel and other
relevant personnel in implementing statistical laws, regulations and systems,
completing accurately and timely statistical tasks and promoting modernization
of statistical work;

    (2) drawing and organizing statistical personnel into meetings to discuss
relevant policies and plans and study questions concerning economic and
social development so that statistics may play a role of service and
supervision;

    (3) organizing implementation of major general investigations of
national conditions and national strength according to the State’s unified
plan;

    (4) examining and approving plans of statistical investigation according
to relevant provisions and providing the personnel and funds needed for the
approved statistical investigations.

    Article 7  The State Statistical Bureau and statistical agencies under
the local people’s governments at or above the county level shall be the
state organs to execute statistical laws and regulations and supervise their
implementation. It shall be their responsibility to check the implementation
of statistical laws and regulations, uphold the lawful powers and rights of
statistical agencies and personnel and fight against violations of statistical
laws and regulations.
Chapter II  Statistical Investigation Plans and Statistical Systems

    Article 8  Statistical agencies and competent departments under the
people’s governments at or above the county level shall establish separate
statistical systems and draw up separate statistical investigation plans at
the following three levels and shall implement the systems and plans after
they have been approved by examination organs according to relevant provisions:

    (1) National statistical investigation. It shall be a nation-wide
statistical investigation of the basic conditions in the country, covering
such items for investigation as solely worked out by the State Statistical
Bureau and those jointly worked out by the State Statistical Bureau and
relevant departments under the State Council. New and important items for
investigation in national statistical investigation plans shall be reported to
the State Council for examination and approval by the State Statistical
Bureau. Regular and general items for investigation shall be examined and
approved by the State Statistical Bureau as authorized by the State Council.

    All localities, departments and units must strictly implement national
statistical investigation plans.

    The State generally carries out a major general investigation of national
conditions and national strength (population, industries, agriculture,
building industry, service trades, etc.) every ten years. A simplified
investigation of population shall be conducted between two major general
investigations.

    (2) Departmental statistical investigation. It shall be a specialized
statistical investigation conducted by various departments. The plans and
programs of departmental statistical investigation shall be worked out by
various specialized institutions concerned under statistical agencies in the
pertinent departments. If the objects of investigation are within their own
systems of jurisdiction, the plans and programs shall be examined and approved
by the leaders of these departments and reported to the State Statistical
Bureau or the statistical agencies in the local people’s governments at the
same level for the record. If the objects of investigation are outside the
departmental system of jurisdiction, the plans and programs shall be reported
to the State Statistical Bureau or the statistical agencies in the local
people’s governments at the same level for examination and approval.
Important plans and programs shall be reported to the State Council or the
local people’s governments at the same level for examination and approval.
The division of jurisdiction for statistical investigation among various
departments shall be worked out by the State Statistical Bureau in
consultation with the competent departments under the State Council and
reported to the State Council for approval and implementation.

    (3) Local statistical investigation. It shall be the statistical
investigation needed by local people’s governments. The procedures for
reporting and approval of local statistical investigation plans and programs
shall be stipulated by the statistical bureaux under the people’s governments
of the provinces, autonomous regions and municipalities directly under the
Central Government and reported to the State Statistical Bureau for the
record.

    Article 9  Departmental and local statistical investigations may not
overlap or contradict national statistical investigation.

    The division of work among national statistical investigation, departmental
statistical investigation and local statistical investigation shall be
decided by the State Statistical Bureau after consultation with the competent
departments under the State Council and the statistical bureaux under the
people’s governments of the provinces, autonomous regions and municipalities
directly under the Central Government.

    Article 10  The statistical data needed by the departments for
comprehensive coordination under the people’s governments at various levels
shall generally be obtained from the statistical agencies and the relevant
competent departments under the people’s governments at the same level. When
necessity arises for direct statistical investigation, plans and programs
shall be worked out and implemented after being examined and approved in
accordance with the provisions of the Statistical Law and these Rules.

    Article 11  Statistical investigation plans shall be worked out on the
basis of projects of statistical investigation. A project of statistical
investigation refers to a statistical investigation organized in a specified
time period for a certain investigation objective. The plan of each
investigation project shall specify the following: name of project, organ to
conduct the investigation, objective, scope, object(s), manner, duration,
and main content of investigation.

    Investigation programs of statistical investigation projects shall be
worked out simultaneously with the statistical investigation plan. An
investigation program shall include:

    (1) investigation forms to be filled out by objects of investigation
and written directions;

    (2) overall statistical forms to be filled out and reported to the
leadership and written directions;

    (3) the personnel and funds needed for statistical investigations and
the sources thereof.

    Article 12  The statistical agencies under the people’s governments at
various levels and those in the various competent departments shall strictly
examine the statistical investigation plans and their investigation programs
sent in for examination as to their necessity, feasibility and scientific
reliability. Those which do not conform to the provisions of these Rules
shall be returned for alterations or rejected. In drafting and examining
statistical investigation programs, the following principles shall be
adhered to:

    (1) if the relevant data can be obtained from the statistical
investigations which have been approved or conducted, no such investigations
shall be repeated;

    (2) comprehensive statistical investigation forms shall not be printed
and issued if the objectives can be achieved through sample, key and typical
case investigations or administrative registration. Regular statistics shall
not be conducted if a single investigation can satisfy the needs. If yearly
statistics suffices the needs, no quarterly statistics shall be conducted;
quarterly one suffices, no monthly one shall be done. Progress statistics
more frequent than monthly one must be strictly restrained;

    (3) before a new statistical investigation program is made public, tests
shall be conducted at selected places, or the opinions of the relevant
localities, departments and grassroots units be heard, and feasibility study
be made, so as to ensure that the program is practicable and the best
possible investigation result receives due attention;

    (4) the personnel and funds needed for the statistical investigations
shall be ensured.

    Article 13  For a statistical investigation program that has been
approved according to the prescribed procedures, the designation of the organ
which has devised the investigation form, serial number of the form, the
designation of the organ to which the program has been sent for approval or
for the record and the serial number of approval shall all be indicated in
the upper right-hand corner of the investigation form. The units and
individuals to be investigated shall fill out the forms accurately,
promptly and gratuitously.

    Statistical investigation forms (including investigation outlines with
collecting statistical data as the main objective without the above-mentioned
indicators shall be illegal forms, which all units and individuals have the
right to refuse to fill out and which the statistical agencies under the
people’s governments at various levels are empowered to nullify.

    Article 14  Without consent of the organ which has drawn up the statistical
investigation program, no unit or individual shall revise the index
implications, scope of investigation, methods of calculation, classified table
of contents, format of the form, statistical codes, etc. as prescribed in
the statistical investigation program.
Chapter III  Administration and Announcement of Statistical Data

    Article 15  All localities, departments and units shall amplify the
system of examination and verification of statistical data and guarantee the
accuracy and promptness of statistical data.

    The statistical data provided by various departments, enterprises and
institutions shall be examined, verified, signed or sealed by the leaders of
the respective departments and units or the persons responsible for
statistics before they are sent to the higher leadership. Date concerning
financial statistics shall be provided by financial organs or financial
personnel and shall be examined, verified and sealed by persons in charge of
financial departments. The statistical data provided by the statistical
agencies under the people’s governments at various levels and by the
statisticians in townships and towns shall be examined, verified, signed or
sealed by the leading personnel in the statistical agencies under the people’s
governments or by statisticians in townships and towns before they are sent to
the higher levels.

    Leaders of various localities, departments and units shall not make
alterations in the statistical data provided by statistical agencies and
personnel according to the Statistics Law or statistical system. If they
consider the relevant data untrue, they shall order the statistical agencies
and personnel and other relevant personnel to verify and correct them.

    If the deadline for data reporting has come, the date may be reported
first with due notations. If mistakes are really found after verification,
corrections shall be made without the time limit set by the leadership.

    Article 16  If statistical data are needed in formulating policies and
plans, checking the implementation of policies and plans, assessing economic
and social results and performance, and meting out awards and penalties, etc.,
leading organs at various levels shall, in accordance with the provisions
in Article 12 of the Statistics Law, take as solely credible the statistical
data bearing the signatures or seals of the statistical agencies or persons
in charge of statistics.

    Article 17  The statistical agencies under the people’s governments at
various levels must provide good consultancy services in statistical
information and serve the community by making full use of all social and
economic information that can be made known to the public.

    Consultancy services in statistical information not controlled by the
Statistics Law and statistical systems but provided in conformity with the
relevant provisions of the State shall be non-gratuitous. The measures for
such non-gratuitous services shall be formulated by the State Statistical
Bureau in conjunction with the State Administration for Commodity Prices.

    Article 18  All localities, departments and units must implement the
Measures Concerning Security and Administration of Statistical Data formulated
by the State Statistical Bureau so as to strengthen unified administration
of statistical data.

    Article 19  All localities, departments and units must establish systems
of statistical data files and these files shall be properly kept, transferred
and turned over in accordance with the relevant provisions of the State
Archives Bureau.
Chapter IV  Statistical Agencies and Statistical Personnel

    Article 20  The function and responsibilities of the State Statistical
Bureau shall be as follows:

    (1) formulating regulations concerning statistical work, drafting
programs to update statistical work, drawing up State statistical
investigation plans, leading and coordinating national statistical work and
checking and supervising the implementation of statistical laws and
regulations according to the State laws, policies and plans;

    (2) amplifying accounting systems of national economy and systems of
statistical indexes, formulating the system of nationally unified forms
for basic data reporting, formulating solely or jointly with relevant
departments national statistical standards and examining and approving
departmental statistical standards;

    (3) under the unified leadership of the State Council, organizing
jointly with relevant departments major general investigations of the
national conditions and national strength, organizing and coordinating sample
investigations of social and economic conditions in urban and rural areas
throughout the country;

    (4) in accordance with the needs of the State in deciding policies,
formulating plans and carrying out administration, collecting, sorting out
and providing basic statistical data of the nation and conducting statistical
analysis, forecast and supervison of the national economic and social
development;

    (5) examining the statistical investigation plans and their investigation
programs of the various departments under the State Council and exercising
control over the investigation forms issued by the various departments under
the State Council;

    (6) checking, examining and approving, controlling, announcing and
publishing nationwide basic statistical data and regularly issuing statistical
bulletins concerning the national economic and social development;

    (7) leading and controlling the groups responsible for sample
investigations of the social and economic conditions in the urban and rural
areas throughout the country;

    (8) organizing and directing nationwide statistical scientific studies,
statistical education, the training of statistical personnel and the
publication of statistical books and periodicals;

    (9) conducting international exchanges in statistical work and
statistical science.

    Article 21  The functions and responsibilities of the statistical
agencies under the local people’s governments at or above the county level
(including municipal districts) shall be:

    (1) accomplishing tasks of national statistical investigations, applying
national statistical standards and implementing the system of nationally
unified forms for basic statistical reporting;

    (2) drafting plans to update local statistical work, working out
statistical investigation plans and the investigation programs, leading and
coordinating the statistical work conducted by the central and local units in
the localities and checking and supervising the implementation of statistics
laws and regulations;

    (3) collecting, sorting out, and providing basic statistical data and
conducting statistical analysis, forecast and supervision of the essential
conditions of the economic and social development in their respective
localities in accordance with the needs of these localities in policy
formulation, plan drafting and administration;

    (4) examining the statistical investigation plans and investigation
programs of the various departments in their respective localities and
exercising control over the investigation forms devised and issued by the
various departments in these localities;

    (5) checking, examining and approving, controlling, announcing and
publishing the basic statistical data of their own localities according to
relevant stipulations. The statistical bureaux under the people’s governments
in the provinces, autonomous regions and municipalities directly under the
Central Government shall regularly publish statistical bulletins pertaining
to the national economic and social development in their respective
localities. The statistical agencies under the people’s governments of
municipalities and counties shall publish statistical bulletins according to
the decisions of the people’s governments at the same level;

    (6) exercising unified control over the groups responsible for sample
investigations of the social and economic conditions in the urban and rural
areas in the localities;

    (7) organizing and directing all the departments and units in the
localities in strengthening their foundational statistical work, intensifying
statistical education, the training of statistical cadres and statistical
scientific studies, assessing the performance of the cadres of the
statistical agencies under the governments and the statisticians in the
townships and towns in their respective localities and meting out awards
and penalties.

    The statistical agencies under the local people’s governments at various
levels shall be under the dual leadership of the people’s governments at
the same levels as well as the statistical agencies under the people’s
governments at the next higher levels: in terms of statistical work, they
shall be subject mainly to the leadership of the statistical agencies under
the people’s governments at the next higher levels.

    Article 22  The statisticians in townships and towns shall be responsible
for local comprehensive statistics. Their responsibilities are:

    (1) accomplishing tasks of national and local statistical investigation,
applying national statistical standards, implementing the system of
nationally unified forms for basic statistical reporting, and checking and
supervising the implementation of statistical laws and regulations;

    (2) collecting, sorting out, analysing, providing and administering the
statistical data of the townships and towns in accordance with relevant
stipulations;

    (3) organizing and directing relevant departments and individuals of the
townships and towns in strengthening rural foundational statistical work,
amplifying systems of statistical accounting and statistical files in the
townships and towns and leading the statistical work in places under their
jurisdiction.

    The people’s governments in the provinces, autonomous regions and
municipalities directly under the Central Government or in the municipalities
and counties shall post statisticians in townships and towns in accordance
with the provisions of the Statistics Law and the needs of statistical work
and shall set up and improve networks of statistical information among
townships and towns. Vocationally, statisticians in townships and towns and
the statistical networks shall be under the leadership of the statistical
agencies under the people’s governments at the county level.

    The statistical work in the administrative hamlets under townships and
towns shall be administered by the persons specially appointed by villagers
and committees.

    Vocationally, they shall be under the leadership of townships and towns
statisticians.

    Article 23  The statistical agencies or the persons responsible for
statistical work in the competent departments under the people’s governments
at various levels shall perform the comprehensive statistical functions in
their departments. Their functions and responsibilities shall be:

    (1) organizing, directing and, in a comprehensive way, coordinating the
statistical work of various functional organs in the departments (such as
organs of production, supply and marketing, capital construction, labour and
personnel, finance, and accounting, etc.), jointly accomplishing the tasks
of national, departmental and local statistical investigation and implementing,
checking and supervising the implementation of statistical laws and
regulations;

    (2) drafting plans to update the statistical work in the departments,
working out the statistical investigation plans and their investigation
programs of the departments, organizing and directing the statistical work of
enterprises and institutions in the departments or in the systems under their
jurisdiction, and intensifying the building of statistical contingents and of
the foundation of statistical work;

    (3) in accordance with relevant stipulations, reporting and providing
the basic statistical data of the departments to fending organs and the
statistical agencies under the people’s governments at the same levels and
conducting, in conjunction with planning and other relevant functional organs,
statistical analysis, forecast and supervision of the implementation of the
policies and plans and the results of management and administration in
these departments;

    (4) administering the statistical investigation forms devised and
issued by the basic statistical data of the departments they belong to;

    (5) organizing and directing, in conjunction with the personnel and
educational agencies in the departments they belong to, the statistical
education and the training of statistical cadres, assessing the performances
of the stat

REPLY OF THE DEPARTMENT OF ENTERPRISE REGISTRATION OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE CONCERNING THE INTERPRETATION OF ARTICLE 5 OF THE INTERIM PROVISIONS OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON THE PROPORTION OF THE REGISTERED CAPITAL AND THE TOTAL INVESTMENT AMOUNT OF CHINESE-FOREIGN EQUITY JOINT VENTURES

The State Administration for Industry and Commerce

Reply of the Department of Enterprise Registration of the State Administration for Industry and Commerce Concerning the Interpretation
of Article 5 of the Interim Provisions of the State Administration for Industry and Commerce on the Proportion of the Registered
Capital and the Total Investment Amount of Chinese-foreign Equity Joint Ventures

GongShangQiWaiZi [1987] No.54

September 17, 1987

Commission of Foreign Economic Relations and Trade of Tianjin:

Your Letter Requesting for Instructions on the Interpretation of Article 5 of the Interim Provisions of the State Administration
for Industry and Commerce on the Proportion of the Registered Capital and the Total Investment Amount of Chinese-foreign Equity Joint
Ventures has been transferred here by the Bureau of Foreign Investment of the Ministry of Foreign Economic Relations and Trade.

We hereby give the interpretation of Article 5 of the Interim Provisions of the State Administration for Industry and Commerce on
the Proportion of the Registered Capital and the Total Investment Amount of Chinese-foreign Equity Joint Ventures (hereinafter referred
to as the Interim Provisions) as follows:

Chinese-foreign equity joint ventures that increase their investment upon approval and registration, the supplementary registered
capital should be calculated in relation to the increased investment and the proportion should be determined in accordance with Article
3 of the Interim Provisions. For example, the approved registered investment of a project is 5 million US dollars, the registered
capital 2.5 million US dollars, and then an increased investment worth 2 million US dollars is approved; in that case, the supplementary
registered capital should be 7/10 of the 2 million or 1.4 million and the total registered capital after altered registration should
be 3.9 million US dollars (i.e. 1.4 million plus 2.5 million).



 
The State Administration for Industry and Commerce
1987-09-17

 







INTERIM PROVISIONS OF THE STATE COUNCIL CONCERNING THE REDUCTION OF INDIVIDUAL INCOME TAX ON INCOME FROM WAGES AND SALARIES OF FOREIGN NATIONALS WHO COME TO WORK IN CHINA

Category  TAXATION Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1987-08-08 Effective Date  1987-08-01 Date of Invalidation  1994-01-28


Interim Provisions of the State Council Concerning the Reduction of Individual Income Tax on Income From Wages and Salaries of Foreign
Nationals Who Come to Work in China



(Promulgated on August 8, 1987) (Editor’s Note: The Provisions have been

annulled by the Regulations for Implementation of the Individual Income Tax
Law of the People’s Republic of China promulgated by Decree No. 142 of the
State Council on January 28, 1994, according to The Decision of the State
Council Repealing Some Administrative Regulations Promulgated Prior to the End
of 1993 promulgated by Decree No. 154 of the State Council on May 16, 1994)

    Article 1  These Provisions are formulated, in accordance with the
Decision at the Third Session of the Sixth National People’s Congress of
the People’s Republic of China on Authorizing the State Council to Formulate
Interim Provisions or Regulations Concerning the Reform of the Economic
Structure and the Opening to the Outside World, to promote foreign economic
cooperation and technological exchange and to encourage foreign nationals to
come to work in China.

    Article 2  The foreign nationals listed below shall, in paying individual
income tax on the income from wages and salaries, enjoy a reduction by one
half of the rate that ought to be levied in accordance with the provisions
of the Individual Income Tax Law of the People’s Republic of China:

    (1) foreign nationals who work for Chinese-foreign equity joint ventures,
Chinese-foreign contractual joint ventures and foreign-capital enterprises
established in China;

    (2) foreign nationals who work in the resident offices of foreign
companies, enterprises and other economic organizations in China; and

    (3) other foreign nationals who come to work in China.

    Article 3  Individual income tax payable on the income from wages and
salaries of overseas Chinese and compatriots from Hong Kong and Macao who
work in China shall be levied at a reduced rate by applying mutatis mutandis
the provisions of Article 2.

    Article 4  The Ministry of Finance shall be responsible for the
interpretation of these Provisions.

    Article 5  These Provisions shall become effective as of August 1, 1987.






RULES OF PROCEDURE FOR THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS OF THE PEOPLE’S REPUBLIC OF CHINA

Rules of Procedure for the Standing Committee of the National People’s Congress of the People’s Republic of China

(Adopted at the 23rd Meeting of the Standing Committee of the Sixth National People’s Congress and promulgated by
Order No.60 of the President of the People’s Republic of China on November 24, 1987) 

Contents 

Chapter I      Convening of Meetings  

Chapter II     Submission of and Deliberation on Bills and Proposals 

Chapter III    Hearing and Examining Work Reports 

Chapter IV     Addressing Questions 

Chapter V      Speaking and Voting 

 

Article 1  These Rules are formulated in accordance with the provisions of the Constitution and the Organic Law of the National
People’s Congress and in the light of the practical experience of the Standing Committee of the National People’s Congress. 

Article 2  In deliberating on bills and proposals and making decisions, the Standing Committee of the National People’s Congress
shall give full play to democracy and apply the principle of democratic centralism.             
              

Chapter I 

Convening of Meetings 

Article 3  The Standing Committee of the National People’s Congress shall meet in session once every other month; an interim
session may be convened when necessary. 

Meetings of the Standing Committee shall be convened and conducted by its Chairman.  The Chairman may entrust any of the Vice-Chairmen
to conduct a meeting on his behalf. 

Article 4  Meetings of the Standing Committee may not be held unless more than half of the members of the Committee are present. 

Article 5  The Council of Chairmen shall draft the agenda for a meeting of the Standing Committee and refer it to a plenary
meeting of the Standing Committee for decision. 

Article 6  Then the Standing Committee is to hold a meeting, its members shall be notified, seven days in advance, of the date
of the meeting and the main items proposed for discussion.  They may be notified of an interim session within a shorter time. 

Article 7  Then the Standing Committee meets, leading members of the State Council, the Central Military Commission, the Supreme
People’s Court and the Supreme People’s Procuratorate shall attend the meeting as nonvoting participants. 

The chairmen and vice-chairmen of all the special committees of the National People’s Congress, members and advisers of the relevant
special committees and leading members of the relevant departments shall attend the meeting as nonvoting participants. 

Article 8  Then the Standing Committee meets, the chairman or one of the vice-chairmen of the people’s congress of each province,
autonomous region and municipality directly under the Central Government shall attend the meeting as a nonvoting participant; when
necessary, the relevant deputies to the National People’s Congress may be invited to the meeting as nonvoting participants. 

Article 9  Then the Standing Committee is in session, it shall hold plenary meetings, group meetings and joint group meetings. 

Article 10  Then members of the Standing Committee are going to deliberate on bills or proposals or work reports at group meetings,
the departments concerned shall be notified to send people to attend the meetings to listen to comments and answer questions. 

When members of the Standing Committee are going to deliberate on bills or proposals or work reports at joint group meetings, leading
members of the departments concerned shall be notified to attend the meetings to listen to comments and answer questions. 

Article 11  When the Standing Committee meets, its members shall attend the meeting, except for those who ask to be excused
on account of poor health or for other reasons. 

Chapter II 

Submission of and Deliberation 

on Bills and Proposals 

Article 12  The Council of Chairmen may submit to the Standing Committee for deliberation at its meetings bills and proposals
that are within the scope of the functions and powers of the Standing Committee. 

The State Council, the Central Military Commission, the Supreme People’s Court, the Supreme People’s Procuratorate, and the special
committees of the National People’s Congress may submit to the Standing Committee bills and proposals that are within the scope of
its functions and powers.  The Council of Chairmen shall decide whether to refer them to the Standing Committee for deliberation
at its meetings or to refer them to the relevant special committees for deliberation and the submission of reports before deciding
whether to refer them to the Standing Committee for deliberation at its meetings. 

Bills and proposals that are within the scope of the functions and powers of the Standing Committee may be submitted to it by 10
or more of its members.  The Council of Chairmen shall decide whether to refer them to the Standing Committee for deliberation
at its meetings or to refer them to the relevant special committees for deliberation and the submission of reports before deciding
whether to refer them to the Standing Committee for deliberation at its meetings.  Bills and proposals that are not to be referred
to the Standing Committee for deliberation at its meetings shall be reported to the Standing Committee at its meetings, or explanations
shall be made to the sponsors. 

Article 13  The Council of Chairmen may, on the basis of needs in work, entrust the working commissions and the General Office
of the Standing Committee to draft bills and proposals on behalf of the Standing Committee and make explanations to the Standing
Committee at its meetings. 

Article 14  With regard to the bills and proposals that have been placed on the agenda of a session of the Standing Committee,
the sponsor organs, the special committees and the working bodies of the Standing Committee concerned shall provide relevant information. 

For proposals on appointments, the sponsor organs shall provide basic information on the appointees; when necessary, the responsible
persons concerned shall attend the meetings to answer questions. 

Article 15  The Standing Committee shall hold plenary meetings to hear explanations about the bills and proposals. 

After that, the bills and proposals shall be deliberated on at group meetings and also by the special committees concerned. 

Article 16  With respect to the draft laws placed on the agenda of a session, after hearing the explanations and making preliminary
deliberations, the Standing Committee shall refer them to the relevant special committees for deliberation and to the Law Committee
for overall deliberation.  The Law Committee shall submit a report on the results of deliberation to the next session or a later
session of the Standing Committee and the Standing Committee shall print the deliberation reports prepared by the relevant special
committees and distribute them at a meeting of the Standing Committee. 

After deliberating on the bills and proposals involving decisions on or amendments to laws, the Law Committee may submit a report
on the results of deliberation to the current session or to the next session or a later session of the Standing Committee. 

Article 17  A joint group meeting of the Standing Committee may hear and deliberate on the special committees’ reports on their
deliberations on bills and proposals and discuss the items on the agenda of the session. 

Article 18  Reading members of organs sponsoring the bills or proposals may make supplementary explanations about them at plenary
meetings or joint group meetings of the Standing Committee. 

Article 19  Deliberations on a bill or proposal already placed on the agenda of a session of the Standing Committee may be cancelled
upon approval by the Council of Chairmen at the request made by the sponsor for its withdrawal before it is put to vote. 

Article 20  If important issues requiring further study are raised during deliberations on a bill or proposal placed on the
agenda of a session of the Standing Committee, decision on the bill or proposal by vote may be postponed, upon a proposal by the
Chairman of the Standing Committee or the Council of Chairmen and its approval by a joint group meeting or a plenary meeting, until
further deliberations are made and reports on the results are provided by special committees. 

Article 21  The Standing Committee may, when it deems it necessary, organize investigation committees on particular issues and
make decisions in the light of the reports prepared by the investigation committees. 

Chapter III 

Hearing and Examining Work Reports 

Article 22  The Standing Committee shall hear the work reports made to it by the State Council, the ministries and commissions
under the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate. 

Article 23  After hearing the work reports at its plenary meetings, members of the Standing Committee may examine them at group
meetings or joint group meetings. 

The Council of Chairmen may decide to refer such work reports to relevant special committees for deliberation and comments. 

Article 24  The Standing Committee may, when it deems it necessary, adopt resolutions on the work reports. 

Chapter IV 

Addressing Questions 

Article 25  During a session of the Standing Committee, 10 or more members of the Standing Committee may jointly submit to the
Standing Committee a written proposal for addressing questions to the State Council, the ministries and commissions under the State
Council, the Supreme People’s Court and the Supreme People’s Procuratorate. 

Article 26  In the proposals for the addressing of questions, the objects to be questioned and the topics and contents to be
questioned about must be clearly stated. 

Article 27  The Council of Chairmen shall decide to refer the proposals for the addressing of questions to the relevant special
committees for deliberation or submit them to a session of the Standing Committee for deliberation. 

Article 28  With respect to proposals for the addressing of questions, the Council of Chairmen shall decide whether responsible
persons of the organs questioned shall give oral replies at a session of the Standing Committee or at meetings of the relevant special
committees, or the organs questioned shall make written replies.  For questions answered at meetings of the relevant special
committees, these special committees shall submit a report to the Standing Committee or the Council of Chairmen. 

Written replies to the questions addressed shall be signed by responsible persons of the organs questioned, then printed and distributed
to members of the Standing Committee and to the relevant special committees. 

When the special committees concerned deliberate on proposals for the addressing of questions, the Standing Committee members who
raised such proposals may attend the meetings to express their opinions. 

Chapter V 

Speaking and Voting 

Article 29  Speeches made at plenary meetings by members of the Standing Committee and nonvoting participants shall not exceed
10 minutes; at joint group meetings, speeches made for the first time by such persons shall not exceed 15 minutes, and speeches made
for the second time by the same persons on the same topics shall not exceed 10 minutes.  Speeches may be longer if approved
by the person conducting the meeting sat requests put forward in advance. 

Article 30  Bills and proposals shall be adopted if they are voted for by a simple majority of all the members of the Standing
Committee. 

The person who presides over the meeting shall announce the result of the vote on the spot. 

Article 31  If amendments are proposed to the bills and proposals to be put to vote, such amendments shall be voted on first. 

Article 32  Proposals regarding appointments or removals shall be voted on person by person or may, in the light of specific
circumstances, be voted on together. 

Article 33  The voting on bills and proposals shall be conducted at sessions of the Standing Committee by secret ballot, a show
of hands or other methods. 

Article 34  These Rules shall go into effect as of the date of their promulgation.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.







CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE DECISION THAT STREETS AND BUILDINGS IN CHINA’S CITIES WHICH HAVE ESTABLISHED A FRIENDLY RELATIONSHIP AS SISTER CITIES WITH CITIES OF FOREIGN COUNTRIES SHALL NOT BE NAMED AFTER THE PLACE NAMES OR PERSONAL NAMES OF THESE FOREIGNCOUNTRIES

Category  CIVIL ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1987-05-13 Effective Date  1987-05-13  


Circular of the General Office of the State Council Concerning the Decision That Streets and Buildings in China’s Cities Which Have
Established a Friendly Relationship As Sister Cities With Cities of Foreign Countries Shall Not Be Named after the Place Names or
Personal Names of These Foreigncountries

(May 13, 1987)

    In recent years, in our contacts with foreign friendly cities, a few
cities have signed a “Memorandum” or “Minutes of Talks” with foreign
friendly cities, and these documents contain such contents as each party
using the city names of the other party to name its own city’s streets. Such
practice is considered to be improper. Up to the present, our country has
established, with foreign countries, more than 240 pairs of sister cities
(states, or counties); and some of our cities have maintained friendly
relationship simultaneously with several foreign cities. In the days to come,
if other countries would raise the same proposal, or some of our cities would
like to follow suit, using the city names of the other party to name their
own city’s streets, this practice will surely cause confusion. Besides, the
existing names of streets in China have been in use for many years, and the
broad masses of people are familiar with these names. It is not easy for them
to get used to foreign names. What is more, some foreign place names and
personal names are long with many syllables and would cause inconvenience
in use. To remedy this situation, the following provisions are hereby
formulated:

    (1) In our endeavour to promote friendship among cities, emphasis should
be laid on practical results, and no streets or buildings of China shall be
named after the place names or personal names of the other party. If the
other party raises the proposal, we can politely decline it by giving the
reason that such practice does not exist in China.

    (2) In a few special cases where, for the sake of commemoration, it is
necessary to use the place names or personal names of the other party to name
our country’s streets or buildings, the case shall be reported, in advance, to
the State Council for examination and approval; and, without approval, it is
not permitted to make any promise to the other partner-city.






RULES FOR THE IMPLEMENTATION OF ADMINISTRATIVE PUNISHMENTS UNDER THE CUSTOMS LAW

Category  CUSTOMS Organ of Promulgation  The State Council Status of Effect  With An Amendment Existing
Date of Promulgation  1987-07-01 Effective Date  1987-07-01  


Rules for the Implementation of Administrative  Punishments under the Customs Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II  Smuggling Acts and their Punishments
Chapter III  Acts Violating Regulations on Customs Control and the
Chapter IV  Handling of the Smuggling Acts and Acts Violating
Chapter V  Supplementary Provisions

(Approved by the State Council on June 30, 1987 and promulgated by the

General Customs Administration on July 1, 1987) (Editor’s Note: For the
revised text, see Official Reply of the State Council Concerning Amending the
Rules for Implementation of the Administrative Punishments Under the Customs
Law of the People’s Republic of China promulgated on February 17, 1993)
Chapter I  General Provisions

    Article 1  These Rules are formulated with a view to implementing the
provision legal responsibilities under the Customs Law of the People’s
Republic of China (hereinafter referred to as the Customs Law) in accordance
with Article 60 of the Customs Law.

    Article 2  These Rules shall be applied to acts which do not constitute
the crimes of smuggling, to acts which constitute the crimes of smuggling but
exempted from prosecution or punishment by law, and to acts which violate
provisions concerning Customs supervision and control.
Chapter II  Smuggling Acts and their Punishments

    Article 3  Any of the following acts shall be regarded as an act of
smuggling:

    1. without the approval of the State Council or the department empowered by
the State Council, to transport or to carry articles prohibited by the State
from entering or leaving the territory, and goods and articles restricted by
the State in importation or exportation, or legally liable to Customs duties,
into or out of the territory at a port where there is no Customs establishment;

    2. to transport, carry or send by post articles prohibited by the State
from entering or leaving the territory, and goods and articles restricted by
the State in importation or exportation or legally liable to Customs duties,
into or out of the territory at a port where there is a Customs establishment,
by concealment, disguise, imcomplete or fraudulent declaration or other means
aiming at evading Customs supervision and control;

    3. to sell without Customs approval and payment of Customs duties
specially permitted bonded goods, other goods under Customs control or inward
means of transport which are meant to be used outside the territory;

    4. to sell without Customs approval and payment of Customs duties goods
enjoying specially granted duty reduction or exemption imported for use by
designated enterprises or for specified purposes, or to transport without
authorization goods enjoying specially granted duty reduction or exemption from
the designated areas, where they are intended for use, to other places of
China.

    Article 4  Any of the following acts shall be regarded and punished as an
act of smuggling:

    1. to purchase smuggled import goods and articles illegally and directly
from the smuggler;

    2. to transport, purchase or sell articles prohibited by the State from
entering or leaving the territory or to transport, purchase or sell without
legal certificates the goods or articles restricted by the State in
importation and exportation, on inland sea or territorial waters.

    Article 5  Any act listed in Article 3 and Article 4 of these Rules shall
be punished in accordance with the following provisions:

    1. The Customs shall confiscate the smuggled articles which are prohibited
by the State from entering or leaving the territory and the illegal incomes
obtained therefrom, and may impose a fine below 50,000 yuan in RMB at the
same time.

    2. The Customs shall confiscate the smuggled goods and articles which are
restricted by the State in importation or exportation and the illegal incomes
obtained therefrom, and may, at the same time, impose a fine below the value
of the smuggled goods or articles, or below three times the amount of
duties leviable:

    3. The Customs shall confiscate the goods or the articles used specially
to cover up smuggling and confiscate or order the dissembling of specially
designed equipment for the concealment of the smuggled goods and articles.

    In case the smuggled goods or the articles are not confiscable, the
Customs shall order the payment of an amount of money equal to the value of
the smuggled goods or articles.

    Article 6  Where a smuggling act is done by two or more persons, they
shall be punished respectively according to the extent of their involvement
and their respective responsibilities.

    Confiscation of illegal goods incomes shall be imposed on those who do
not report the case they know and provide facilities to the smuggler, and a
fine below twice the illegal incomes may be imposed at the same time. In case
there is no illegal income, a fine below 5,000 yuan in RMB shall be imposed.

    Article 7  Any act in the way of preparing devices or creating conditions
for smuggling shall be given a lesser punishment by applying mutatis
mutandis Article 5 of these Rules.

    Article 8  Punishments may be exempted or be imposed in lesser degrees
in cases where:

    1. the smuggling act is of a minor nature;

    2. the person in question owns up the case and informs against other
offenders;

    3. the smuggling is discovered three years later.

    The duration specified in item 3 under this Article shall be counted from
the day when the smuggling act takes place. In case that the smuggling is of
a continuous nature, it shall be counted from the day when the last act of
smuggling takes place.
Chapter III  Acts Violating Regulations on Customs Control and the
Punishments

    Article 9  Acts which violate Customs regulations but do not constitute
acts of smuggling shall be considered as acts violating regulations on
Customs control.

    Article 10  Goods which are imported or exported in violation of the
State rules and regulations governing the importation and exportation or
without license or other documents of approval shall be confiscated or ordered
to be sent back. In case that a license or a documental approval is obtained
afterwards, a fine below the value of the goods shall be imposed.

    Article 11  A fine below the value of the goods or articles or below twice
the amount of the duties leviable shall be imposed for any of the following
acts:

    1. to transport, carry or send by post into or out of the territory, with
a view to evading Customs supervision and control, goods or articles which are
not listed in the categories prohibited by the State from entering or leaving
the territory or restricted by the State in importation or exportation, or
legally liable to Customs duties;

    2. to open, pick up, deliver, forward, change, repack, mortgage or
transfer goods under Customs control or incoming and outgoing articles not
yet released by the Customs without Customs authorization;

    3. to keep untruthful operational records or to fail to give a justifiable
reason for shortage of goods in the transportation, storage, processing,
assembling and consignment sale of bonded goods;

    4. to utilize, without Customs approval, goods and articles enjoying
specially granted duty reduction or exemption for other purposes than those
provided for;

    5. to make untruthful declaration of import or export goods;

    6. to fail to re-transport temporarily exported or imported goods into
or out of the territory within the specified time limit and let the said
goods remain inside or outside the territory without authorization;

    7. to fail to transport the transit, transshipment or through goods out of
the territory within the specified time limit and let the said goods remain
inside the territory without authorization;

    8. to transfer materials and supplies intended for use by the inward or
outward means of transport without obtaining Customs approval or paying
Customs duty.

    Article 12  A fine below 50,000 yuan in RMB shall be imposed upon any of
the following acts:

    1. for a means of transport, without approval from the State Council
or other department empowered by the State Council, to enter or leave the
territory at a place without a Customs establishment;

    2. for an inward or outward means of transport staying at the Customs
surveillance zone to leave without Customs approval;

    3. for an inward or outward means of transport en route from one place
with a Customs establishment to another with a Customs establishment to change
route midway by moving out of the territory or to a point in the territory
where there is no Customs establishment without completing the clearance
formalities and obtaining the Customs approval.

    Article 13  A fine below 30,000 yuan in RMB shall be imposed upon any
of the following acts:

    1. for an inward or outward means of transport to fail to submit papers and
documents required or submit untrue papers or documents to the Customs after
arriving at or before departing from a place with a Customs establishment;

    2. to fail to accept the checking and examination by the Customs of the
inward or outward transport, and goods and articles in accordance with
relevant regulations;

    3. for an inward or outward means of transport to load or unload inward
or outward goods and articles, or to embark or disembark passengers without
Customs approval;

    4. for an inward or outward means of transport to engage, without Customs
approval, concurrently in cargo or passenger transport in the territory or
services other than inward and outward transportation in the territory;

    5. for an inward or outward means of transport to change to transport
services within the territory without completing Customs formalities in
accordance with the regulations;

    6. for anyone engaged in the storage, processing, assembling and
consignment sale of the bonded goods to fall to complete procedures such as
receipt, delivery and cancellation in accordance with the regulations or to
fail to complete Customs procedures in accordance with the regulations when
the relevant contracts have been suspended, prolonged or transferred;

    7. to store goods under Customs control outside the Customs surveillance
zone without Customs approval or to fail to accept Customs control over
such goods;

    8. to open or destroy, without Customs authorization, seals affixed by
the Customs on the means of transport, warehouses or goods.

    Article 14  A fine below 20,000 yuan in RMB shall be imposed on any of
the following acts:

    1. for the inward means of transport which has entered the territory but
has not made the declaration to the Customs, or for the outward means of
transport which has cleared the Customs but has not left the territory to
fail to move along routes specified by competent communications authorities
or by the Customs;

    2. for the inward and outward vessel or vehicle carrying goods under
Customs control to fail to move along the routes specified by the Customs;

    3. for the inward and outward vessel or aircraft berthing or landing at
a place without a Customs establishment, or jettisoning or discharging goods
and articles at such a place owing to force majeure to fail to report to the
Customs establishment nearby without justifiable reasons.

    Article 15  For any of the following acts, the duty evaded shall be
paid or the articles involved sent back, and a fine below the value of the
related articles may be imposed at the same time:

    1. for a person carrying or sending by post into or out of the territory
articles exceeding Customs-specified quantity limits but of small amount or
value and intended for personal use to fail to declare them to the Customs;

    2. for a person carrying or sending by post articles into or out of the
territory, to make untruthful declaration to the Customs or not to accept
Customs examination;

    3. to fail to take temporarily inward or outward articles exempted form
Customs duties upon registration with the Customs out of or into the territory
in accordance with the regulations;

    4. for a person passing through the territory to leave the articles he
carries in the territory without Customs approval.

    Article 16  Any of the following acts shall be subject to a fine below
1,000 yuan in RMB:

    1. to fail to notify the Customs in advance of the time of arrival of the
inward or outward vessel, train or aircraft, the place of its stay or any
changes in such time and place without justifiable reasons;

    2. to open or damage the seals affixed by the Customs upon the articles
without authorization;

    3. to violate the Customs law and regulations, so that the Customs cannot
exercise or has to suspend control over the inward and outward means of
transport, goods and articles.

    Article 17  In case truthful report is made prior to Customs examination
concerning the carrying or sending by post of articles prohibited by the State
from entering for leaving the territory into or out of the territory, the
articles concerned shall be confiscated or sent back in accordance with the
regulations, and a fine may be imposed at the same time depending on
circumstances.

    Article 18  Remission or mitigation of punishment may be applied to
violations of Customs regulations if the case is of a minor nature or a
confession is made by the person involved. Punishments shall be exempted for
acts violating the Customs regulations if the case is discovered three years
later.
Chapter IV  Handling of the Smuggling Acts and Acts Violating
Regulations on Customs Control

    Article 19  Decisions of punishment for smuggling acts and acts violating
regulations on Customs control shall be made by the director of the Customs
establishment.

    Article 20  Detention of goods, articles or means of transport by the
Customs shall be made upon the issuance of the Detention Note.

    The form of the Detention Note shall be uniformly determined by the
General Customs Administration.

    Article 21  In case that the goods, articles or means of transport cannot
be detained or are not suitable for detention, a deposit or a mortgage of an
equivalent value may be required by the Customs from the person concerned or
the person in charge of the means of transport.

    Article 22  The goods, articles and means of transport detained by the
Customs in accordance with the regulations shall not be disposed of before
the verdict by a people’s court or the decision of punishment by the Customs
comes into force. But in the case where goods and articles are fresh and live,
perishable or easy to become ineffective, the Customs may sell them,
retain the proceeds and notify the owner of the goods or the articles.

    article 23  Where it is established by the Customs after investigation
that the deposits or remittances are obtained illegally from smuggling, the
Customs may notify, in writing the bank or the post office concerned, asking
it to suspend the payment or delivery of such deposits or remittances and
inform the depositor or the remitter at the same time. The duration of the
suspension shall not exceed 3 months. The money shall be disposed of by the
Customs in accordane with the Customs Law and the present Rules after the
decision of punishment made by the Customs has become effective.

    Article 24  Where an enterprise, an undertaking, a State department or a
social organization violates Customs regulations, the Customs may, besides
imposing punishment upon the unit concerned, imposed a fine below 1,000 yuan
in RMB on the person in charge and the person directly answerable for the
violation.

    Article 25  Where an enterprise, an undertaking, a State department or a
social organization violates the Customs Law, the Customs may, according to
the seriousness of the case, suspend temporarily the preferential treatment
of duty reduction or exemption it enjoys, deprive it temporarily of the right
of declaration to the Customs or revoke the Certificate for Declaration of
the person in question.

    Article 26  After a decision of punishment is made upon a smuggling act
or an act violating regulations on Customs control, the Customs shall send a
Notification of Punishment to the person in question.

    If the person in question finds the Customs decision of punishment
unacceptable, he may submit an appeal for reconsideration of the case to
either the Customs establishment making the decision or to one at a higher
level, within 30 days of receipt of the notification of punishment; the Customs
shall make a decision within 90 days of receipt of the appeal and send a
Decision of Reconsideration to the person in question. If the person in
question finds the decision made after the reconsideration still unacceptable,
he may sue at a people’s court within 30 days of receipt of the decision.

    The person in question may also sue directly at a people’s court within
30 days of receipt of the Notification of Punishment. Where string directly
at the people’s court is chosen, the person in question may not appeal to the
Customs for reconsideration.

    The form of the Notification of Punishment and the Decision of
Reconsideration of the Customs shall be uniformly determined by the General
Customs Administration.

    Article 27  The Notification of Punishment or Decision of Reconsideration
may be sent to the person in question by the Customs directly and signed by
him to acknowledge the receipt or sent by post. In the latter case, the date
indicated on the registration receipt of the post office shall be regarded
as the day of receipt. A public announcement shall be made in case the
delivery is impossible, and the announcement shall be regarded equally as
receipt.

    Article 28  If the person in question fails to appeal for reconsideration
or sue at a people’s court in the specified time limit, the decision of
punishment shall enter into force.

    The fine, the illegal income and the sum of money equal to the value of
the smuggled goods, articles or smuggling means of transport which are
confiscated in accordance with the regulations shall be paid within the time
limit specified in the decision of punishment of the Customs.

    Article 29  If the person punished by the Customs does not have a
permanent residence in the territory, the fine, the illegal income and the
sum of money equal to the value of the smuggled goods, articles or smuggling
means of transport which are confiscated in accordance with the regulations
shall be paid prior to his leaving of the territory. Where the person in
question fails to accept the decision of punishment by the Customs or cannot
pay the amount of money prior to his leaving of the territory, a deposit or a
mortgage of a value equal to the amount of money to be paid, or a guarantee
which is acceptable to the Customs shall be provided.

    Where the person in question executes the decision of punishment by the
Customs within the specified time limit, the Customs shall return the deposit
or the mortgage provided by him without delay and the guarantee shall cease
right away.

    Article 30  Where the person in question refuses to execute the Customs
decision and fails to appeal for a reconsideration of the case or sue at a
people’s court within the specified time limit, the Customs making the
decision may confiscate the deposit provided by him or take the goods,
articles or means of transport detained or kept as a mortgage as substitutes
for the money required by the decision of punishment after an assessment
made according to the current prices, or request the People’s Court for an
enforced execution.

    Article 31  A fine imposed in accordance with these Rules shall not
exempt the person in question from the payment of Customs duties and the
completion of the relevant Customs formalities specified by the laws and
regulations in case the inward or outward goods, articles or means of
transport are not confiscated.
Chapter V  Supplementary Provisions

    Article 32  The Customs personnel who abuse their powers and intentionally
create difficulties or procrastinate the control and examination shall be
given a disciplinary sanction in accordance with the provisions governing
the rewards and punishments of the personnel working for government
departments. Those who practise graft, neglect their duties or connive at
smuggling shall be given a disciplinary sanction in accordance with the
provisions governing the rewards and punishments of the personnel working
for the government department or be subject to an investigation of criminal
responsibility in accordance with the law, depending on the seriousness of
the cases.

    Article 33  The following terms used in these Rules shall have the
meanings hereunder assigned to them:

    “Articles” also include currencies, gold and silver, and other negotiable
securities;

    “Equivalent value” is based on the retail price of the similar product
sold at the local State-owned shops. Where such a price is not available,
it shall be assessed and determined by the Customs;

    “Below” or “under” includes the number itself.

    Article 34  The list of goods restricted by the State in importation or
exportation shall be announced by the competent departments under the State
Council.

    The list of articles prohibited by the State from entering or leaving
the territory shall be decided by the General Customs Administration in
accordance with the Customs Law and other laws and regulations, together
with relevant competent departments under the State Council, and made public
by the General Customs Administration.

    The list of articles restricted by the State in entering or leaving the
territory shall be made public by the General Customs Administration.

    Article 35  The right to interpret these Rules shall reside in the General
Customs Administration.

    Article 36  These Rules shall come into effect as of July 1, 1987.






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...