1994

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF EMBEZZLEMENT AND BRIBERY

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Invalidated
Date of Promulgation  1988-01-21 Effective Date  1988-01-21 Date of Invalidation  1997-10-01


Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Punishment of the Crimes of Embezzlement
and



Bribery

(Adopted at the 24th Meeting of the Standing Committee of the Sixth

National People’s Congress and promulgated for enforcement by Order No.63 of
the President of the People’s Republic of China on January 21, 1988)
(Editor’s Note: This Decision has been invalidated by the Criminal Law of the
People’s Republic of China revised at the Fifth Session of the Eighth National
People’s Congress on March 14, 1997, and effective on October 1, 1997)

    In accordance with the provisions on the punishment of the crimes of
embezzlement and bribery as stipulated in the Criminal Law of the People’s
Republic of China and the Decision of the Standing Committee of the National
People’s Congress Regarding the Severe Punishment of Criminals Who Seriously
Sabotage the Economy, the following supplementary Provisions are made:

    1. State personnel, personnel of collective economic organizations or
other personnel handling or administering public property who, by taking
advantage of their office, appropriate, steal, swindle, or otherwise illegally
take possession of public property shall be guilty of embezzlement.

    Whoever conspires with state personnel, personnel of collective economic
organizations or other personnel handling or administering public property to
engage in embezzlement shall be punished as an accomplice in the crime.

    2. Criminals who have committed the crime of embezzlement shall be
punished separately in the light of the seriousness of the circumstances and
in accordance with the following provisions:

    (1) An individual who embezzles not less than 50,000 yuan shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and may concurrently be sentenced to confiscation of property;
if the circumstances are especially serious, the offender shall be sentenced
to the death penalty and confiscation of property as well.

    (2) An individual who embezzles not less than 10,000 yuan and less than
50,000 yuan shall be sentenced to fixed-term imprisonment of not less than
five years and may concurrently be sentenced to confiscation of property; if
the circumstances are especially serious, the offender shall be sentenced to
life imprisonment and confiscation of property.

    (3) An individual who embezzles not less than 2,000 yuan and less than
10,000 yuan shall be sentenced to fixed-term imprisonment of not less than one
year and not more than seven years; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than seven
years and not more than ten years. If an individual who embezzles not less
than 2,000 yuan and less than 5,000 yuan, after committing the crime,
voluntarily surrenders himself, renders meritorious service or shows signs of
repentance and gives up the embezzled money of his own accord, he may be given
a mitigated punishment or exempted from criminal punishment and subjected to
administrative sanctions by his unit or by the higher competent authorities.

    (4) An individual who embezzles less than 2,000 yuan, if the circumstances
are relatively serious, shall be sentenced to fixed-term imprisonment of not
more than two years or criminal dentention; if the circumstances are
relatively minor, the offender shall be given administrative sanctions at the
discretion of his unit or of the higher competent authorities.

    If two or more persons jointly commit a crime of embezzlement, they shall
be punished separately according to the amount each of them has gained and the
role each of them has played in the crime. The ringleader of an embezzler
group shall be punished according to the total amount of money the group has
embezzled; the other principal offenders in a joint crime of embezzlement, if
the circumstances are serious, shall be punished according to the total amount
of money they have jointly embezzled.

    Whoever repeatedly commits crimes of embezzlement and goes unpunished
shall be punished according to the accumulated amount of money he has
embezzled.

    3. State personnel, personnel of collective economic organizations or
other personnel handling or administering public property, who, by taking
advantage of their office, misappropriate public funds for their own use or
for conducting illegal activities, or misappropriate a relatively large amount
of public funds for conducting activities to reap profits, or misappropriate a
relatively large amount of public funds and fail to return it after three
months, shall be guilty of misappropriation of public funds and shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention; if the circumstances are serious, the offerder shall be sentenced
to fixed-term imprisonment of not less than five years. Whoever
misappropriates a relatively large amount of public funds and fails to return
it shall be punished for the crime of embezzlement.

    Whoever misappropriates for his own use funds and materials allocated for
disaster relief, emergency rescue, flood prevention and control, the care of
disabled servicemen and the families of revolutionary martyrs and servicemen,
and social relief shall be given a heavier punishment.

    Whoever misappropriates public funds for illegal activities and commits
other crimes shall be punished in accordance with the provisions regarding the
combined punishment for several crimes.

    4. State personnel, personnel of collective economic organizations or
other personnel in public service, who, by taking advantage of their office,
ask for other people’s property, or illegally accept other people’s property
and secure advantages for them, shall be guilty of the acceptance of bribes.

    Whoever conspires with state personnel, personnel of collective economic
organizations or other personnel in public service to accept bribes shall be
punished as an accomplice in the crime.

    State personnel, personnel of collective economic organizations or other
personnel in public service who, in their economic activities, in violation of
state provisions, accept commissions and service charges offered in various
names for their own possession shall be punished for acceptance of bribes.

    5. Whoever has committed the crime of acceptance of bribes shall, on the
basis of the amount of property accepted and the seriousness of the
circumstances, be punished in accordance with the stipulations under item 2 of
the present Provisions; whoever accepts bribes worth less than 10,000 yuan and
causes major losses to the interests of the state or the collective shall be
sentenced to fixed-term imprisonment of not less than ten years; whoever
accepts bribes worth not less than 10,000 yuan and causes major losses to the
interests of the state or the collective shall be sentenced to life
imprisonment or the death penalty and confiscation of property as well.
Whoever asks for bribes shall be given a heavier punishment.

    Whoever accepts bribes for illegal activities and thus commits other
crimes shall be punished in accordance with the provisions regarding the
combined punishment for several crimes.

    6. Enteprises and institutions under ownership by the whole people, state
organs and public organizations that ask for and accept other person’s
property and secure advantages for such persons, if the circumstances are
serious, shall be sentenced to a fine, and the persons directly in charge and
other persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention.

    7. Whoever, for the purpose of seeking illegitimate interests, gives
property to state personnel, personnel of collective economic organizations or
other personnel in public service shall be guilty of bribing.

    Whoever, in economic activities, violating the relevant provisions of the
state, gives property of a large quantity or value to state personnel,
personnel of collective economic organizations or other personnel in public
service, or gives, in violation of the relevant provisions of the state,
commissions and service charges to state personnel, personnel of collective
economic organizations or other personnel in public service, shall be punished
for the crime of bribing.

    A person who, being extorted, gives property to state personnel, personnel
of collective economic organizations or other personnel in public service and
gains no illegitimate interests shall not be deemed to have bribed.

    8. Whoever commits the crime of bribing shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention; whoever bribes
to seek illegitimate interests, if the circumstances are serious, or if major
losses are caused to the state or the collective, shall be sentenced to
fixed-term imprisonment of not less than five years; if the circumstances are
especially serious, the offender shall be sentenced to life imprisonment and
confiscation of property.

    Those bribers who, before they are prosecuted, voluntarily confess their
bribery may be given a mitigated punishment or exempted from criminal
punishment.

    Those who bribe for illegal activities and thus commit other crimes shall
be punished in accordance with the provisions regarding the combined
punishment for several crimes.

    9. Enterprises, institutions, state organs and public organizations that
bribe to seek illegitimate interests or, in violation of the relevant
provisions of the state, give commissions and service charges to state
personnel, personnel of collective economic organizations or other personnel
in public service shall, if the circumstances are serious, be sentenced to a
fine, and the persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. Those who obtain illegal gains for
personal possession from the bribes offered shall be punished in accordance
with item 8 of the present Provisions.

    10. State personnel who, in their contacts with foreigners, accept gifts
and do not hand them over to the state, if they are required to do so in
accordance with the relevant provisions of the state, shall be deemed to have
committed the crime of embezzlement, if the gifts involve a relatively large
volume or value.

    11. State personnel whose property or expenditure apparently exceeds
their lawful earnings may be ordered to explain the sources of their property,
if the difference is enormous. If they fail to prove that the sources are
legitimate, the amount of property that exceeds their lawful earnings shall be
deemed as illegal gains, and they shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention, and be
concurrently or exclusively sentenced to confiscation of the part of property
that exceeds their lawful earnings.

    State personnel shall report to the state their bank savings in other
countries in accordance with the relevant provisions of the state. Whoever has
a relatively large amount of such savings and do not report them to the state
shall be sentenced to fixed-term imprisonment of not more than two years or
criminal detention; if the circumstances are relatively minor, the offender
shall, in the light of the circumstances, be given administrative sanctions by
his unit or by the higher competent authorities.

    12. The embezzled or misappropriated public property shall all be
recovered; property accepted as bribes and other illegal gains shall all be
confiscated.

    The embezzled or misappropriated property that have been recovered shall
be returned to the units where they came from. Anything that, according to
law, should not be returned to the units where they came from shall be turned
over to the State Treasury. Earnings gained from confiscated property shall
all be turned over to the State Treasury.

    13. The present Provisions shall come into force as of the date of
promulgation.






INTERIM REGULATIONS FOR LAND MANAGEMENT IN THE ECONOMIC AND TECHNOLOGICAL DEVELOPMENT ZONE OF SHANDONG PROVINCE

Interim Regulations for Land Management in the Economic and Technological Development Zone of Shandong Province

     (Effective Date 1986.01.21)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II THE MANAGEMENT OF LAND

CHAPTER III THE TERM AND FEE OF THE LAND USE

CHAPTER IV REDUCTION AND EXEMPTION OF LAND USE FEE AND SITE

DEVELOPMENT FEE

CHAPTER V PUBLIC UTILITIES

CHAPTER I GENERAL PROVISIONS

   Article 1. These Interim Regulations are formulated in the light of specific conditions and in accordance with the relevant
laws and regulations of the People’s Republic of China.

   Article 2. All the land, seabeaches, hills, waters, forests and other natural resources shall be put under centralized
planning and administration of the Administrative Commission of the Economic and Technological Development Zone
(hereinafter referred to as the Administrative Commission of the Development Zone).

   Article 3. All units and individuals shall comply with and carry out the overall development program of the Development Zone. No
one may alter without approval the topography or landforms of the land within the confines of the Development
Zone. The historical relics and sites shall be protected in accordance with the Pertinent rules of Shandong Province
and the People’s Republic of China.

   Article 4. Any unit or individual requiring the use of land shall apply for the approval of the Administrative Commission of the
Development Zone and may use the land only after going through necessary procedures. The unit or individual that
has been approved to use the land shall only have the right to use the land but shall not have the right of the ownership.
Overt and covert sales and purchases of land as well as the renting out and unauthorized transfer of land are forbidden.
The use, development or destruction of the resources of both upperground and underground shall not be allowed without approval.
Legal sanction shall be imposed on those that offend against the present article.

   Article 5. Compensations for requisition of land dismantlement and rebuilding of houses and other structures in case of
development shall be paid in accordance with the relevant rules of the People’s Government of Shandong Province and
the People’s Republic of China.

   Article 6. The development project of land in the Development Zone may be carried out either by the Development and Construction
Company or jointly by the company and foreign investment. The income and expenses for the development and use
of land shall be under the centralized arrangement of the Development and Construction Company.

CHAPTER II THE MANAGEMENT OF LAND

   Article 7. The units and individuals requiring the use of land for any purpose shall file an application with the Administrative Commission
of the Development Zone, present the documents and contracts approved by the department of the government concerned
within their authority. After the approval, the planning and construction department shall check and assign the
land and sign contract with the applicants for the use of land. Contracts signed directly with the units and
individuals originally using the land shall be entirely null and void without the approval of the Administrative Commission
of the Development Zone.

The contract for the use of land shall include the following terms: the location, area, use, term, fees, the way
of paying fees, the rights and obligations of both parties and the sanctions for breaching contract etc.

   Article 8. From the date when the contract becomes effective, the user of land shall, within the period prescribed by the planning
and construction development of the Development Zone, produce an overall blueprint for the construction of the
land and the construction plan and the plan for putting it into operation. The project shall be started out and finished
as scheduled in the plan. If the construction is unreasonably delayed, the right to the use of land shall be cancelled
and all fees paid shall not be reimbursed.

   Article 9. All the structures within the confines of the land assigned shall conform to the relevant construction standards and the
rules for fireproofing, civilized production and environment protection regulated by Shandong Province and the
People’s Republic of China. After their completion, the structures shall undergo final inspection and approval
by the planning and construction department of the Development Zone jointly with other departments concerned before
they are put into operation. Anyone who puts a structure into operation without approval shall be punished by a fine and
shall pay compensation for the losses incurred and bear the liability when causing an accident.

   Article 10. The units and individuals using land may not demolish, alter, enlarge or rebuild any existing buildings and structures
within the confines of the land in use without be permission of the planning and construction department.

   Article 11. The units and individuals using land shall go through the procedures stipulated in Article 7 when they need to change
the area or usage of the land.

CHAPTER III THE TERM AND FEE OF THE LAND USE

   Article 12. The term of land used by the units and individuals investing in the Development Zone shall be determined through
consultation basing on the category of the project, the amount of investment and the actual needs.

The maximum term shall be: for industrial use, 40 years; for commercial use, for food and service use, and for
crop farming, animal husbandry, aquatic and poultry raising use, 20 years; for culture and education, scientific research,
medical and health, commodity residential buildings, villas and office buildings use, 50 years; for tourist industry use,
30 years.

The units and individuals desirous of continuing to operate on the land which they have used after the expiry of the
term stipulated may renew the agreement for land use with the check and approval of the department originally
approving the agreement.

   Article 13. The units and individuals shall pay land use fee and site development fee for use of the land, be it newly required land
or the site originally used by the enterprise.

   Article 14. The land use fees payed by the users shall be determined and classified by the Administrative Commission of the Development
Zone according to different locations, trades and terms of land use. The fees per square metre per year (RMB) are as follows:

(1) For industrial use, 1 to 1.3 yuan;

(2) For commercial use and for food and service and tourist buildings use, 11 to 15 yuan;

(3) For commodity residential buildings and office buildings, 4 to 6 yuan; for villas use, 6 to 8 yuan;

(4) For open-air amusement structure, crop farming, animal husbandry, aquatic and poultry raising use, 0.3 to 0.4 yuan.

The rates for land use fees may not be changed within five years since the date of promulgation of these Interim
Regulations and they may be readjusted late in the light of specific conditions.

   Article 15. The land use fees shall be paid annually from the date beginning to use the land as agreed upon in the contract. For
the first calender year, the fees will be calculated as the amount for half a year if the land has been used for over half
a year but less than one year. If the land has been used for less than half a year, the land use fees will be exempted.
The land use fees shall be collected and managed by the responsible department authorized by the Administrative
Commission of the Development Zone and they shall be used for the maintenance and construction of public utilities.

   Article 16. The site development fees (including land development fee, fee for houses dismantling and rebuilding and fee
shared for public utilities necessary immediately for the enterprises, such as the supply of water, electricity, gas
and heat, the drainage of water, the erection of communication and road and land leveling) shall be determined
by the Administrative Commission of the Development Zone according to different locations, trades and terms of land
use. The units and individuals that use the land shall pay the fees to the Development and Construction Company. If the units
and individuals can pay all the fees within two years, no interest may be paid. Interest shall be paid for
those unpaid within the two years, basing on the interest rate of the bank for loan of working fund.

   Article 17. The land use fee and site development fee shall be paid by the enterprise using the land or by the Chinese party when
they are included in the investment of the Chinese party in an enterprise with foreign investment.

CHAPTER IV REDUCTION AND EXEMPTION OF LAND USE FEE AND SITE DEVELOPMENT FEE

   Article 18. If an enterprise can finish the capital construction in time or ahead of time agreed upon in the contract,
the Administrative Commission of the Development Zone shall reduce, in the light of specific conditions, the land
use fee payable by the enterprise within the period of capital construction.

   Article 19. For projects with highly advanced technology or with an urgent need in the domestic market, the land use fees may be
reduced or exempted under the approval of the Administrative Commission of the Development Zone and subject
to the examination and approval of the competent department of the city or relevant department above the city level.

   Article 20. Enterprises within the Development Zone with an export amount of over 50% of their production may be regularly reduced
of or exempted from land use fees under the approval of the Administrative Commission of the Development Zone.

   Article 21. No land use fee may be collected for the projects of culture and education, scientific research, medical and
health work and public interests.

   Article 22. Enterprises established in the Development Zone in 1986 and before, 1987 and 1988 shall be reduced of site development fee
respectively by 30%, 20% and 10%, and shall enjoy the preferential treatment of exemption from land
use fee respectively for five years, four years and three years.

   Article 23. Enterprises that really can not pay land use fee for the sake of force majeure or other special situations shall be exempted
from the year’s land use fee under the approval of the Administrative Commission of the Development Zone.

CHAPTER V PUBLIC UTILITIES

   Article 24. The units and individuals using land shall be responsible for building at their own expenses, within the confines of
the land they use, roads and facilities for the supply of electricity, heat, water drainage, gas pipes and telecommunication
equipments. They shall also pay the installation fees for their connections with all types of mainlines outside
the confines of their land and provide other project investment outside of the enterprise but especially used by the
enterprise.

   Article 25. The discharge and disposal of waste residue, waste gas and waste water within the confines of the land used by the
units and individuals using land shall conform to the standards for discharge and requirement for disposal regulated
in the environmental protection laws of the People’s Republic of China. They shall be subject to the inspection and
supervision of the environmental protection authorities of the cities where they are located and of Shandong Province,
and they shall pay the disposal fee as required.

   Article 26. These Interim Regulations shall come into force on the date of promulgation.

    






PROVISIONS OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ADMINISTRATION OF INBOUND AND OUTBOUND GOODS AT THE ECONOMIC AND TECHNOLOGICAL DEVELOPMENT ZONES

RESOLUTION OF THE NATIONAL PEOPLE’S CONGRESS ON THE ESTABLISHMENT OF THE HAINAN SPECIAL ECONOMIC ZONE

Category  SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1988-04-13 Effective Date  1988-04-13  


Resolution of the National People’s Congress on the Establishment of the Hainan Special Economic Zone

(Adopted at the First Session of the Seventh National People’s Congress on

April 13, 1988)

    Having examined the proposal of the State Council on establishing the
Hainan Special Economic Zone, the First Session of the Seventh National
People’s Congress has decided:

    1. to delimit Hainan Island as the Hainan Special Economic Zone; and

    2. to authorize the People’s Congress of Hainan Province and its Standing
Committee to formulate, in the light of the specific conditions and actual
needs of the Hainan Special Economic Zone and in accordance with the relevant
laws of the state, the relevant decisions of the National People’s Congress
and its Standing Committee and the principles of the relevant administrative
rules and regulations of the State Council, regulations for enforcement in the
Hainan Special Economic Zone, which shall be submitted to the Standing
Committee of the National People’s Congress and the State Council for the
record.






CIRCULAR OF THE STATE COUNCIL CONCERNING THE EXPANSION OF THE SCOPE OF THE COASTAL ECONOMIC OPEN ZONES

Category  SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1988-03-18 Effective Date  1988-03-18  


Circular of the State Council Concerning the Expansion of the Scope of the Coastal Economic Open Zones



(March 18, 1988)

    With a view to implementing the strategy for the economic development of
the coastal areas, to bringing into full play the advantages of the coastal
areas, to actively promoting an export-oriented economy, and to boosting the
modernization drive in building socialism in China, the State Council has
therefore decided to expand appropriately the coastal economic open zones.
The following is now issued concerning the expansion:

    The Municipality of Tianjin:

    Jinghai, Ninghe, Baodi, Wuqing and Jixian County.

    Hebei Province:

    The Municipality of Tangshan, and Fengnan, Luannan, Leting, Tanghai and
Luanxian County under its jurisdiction;

    The Municipality of Cangzhou, and Cangxian County, Qingxian County under
its jurisdiction; Huanghua County, Haixing County;

    Changli, Funing, Lulong County under the jurisdiction of the Municipality
of Qinhuangdao,

    Liaoning Province:

    The Municipality of Dandong, and the counties of Donggou, Fengcheng under
its jurisdiction;

    The Municipality of Yingkou, and the counties of Yingkou, Gaixian under
its jurisdiction;

    The Municipality of Panjin, and the counties of Panshan, Dawa under its
jurisdiction;

    The Municipality of Jinzhou, and Jinxi City, Xingcheng City, Jinxian
County, Suizhong County under its jurisdiction;

    The Municipality of Anshan, and Haicheng City under its jurisdiction;

    The Municipality of Liaoyang, and the counties of Liaoyang, Dengta under
its jurisdiction;

    Wafangdian City, the counties of Xinjin and Zhuanghe, and also Jinzhou
District (originally known as Jinxian County) under the jurisdiction of the
Municipality of Dalian;

    The Municipality of Shenyang.

    Jiangsu Province:

    The Municipality of Nanjing, and the counties of Jiangning, Liuhe and
Jiangpu under its jurisdiction;

    The Municipality of Zhenjiang, and the counties of Dantu, Danyang,
Yangzhong and Jurong under its jurisdiction;

    The Municipality of Yangzhou, and Taizhou City, Yizheng City, and the
counties of Hanjiang, Jiangdu, Jingjiang, Taixing and Taixian under its
jurisdiction;

    The Municipality of Yancheng, and the counties of Sheyang, Dongtai,
Dafeng, Xiangshui and Binhai under its jurisdiction;

    The counties of Nantong, Haimen, Qidong, Rudong, Rugao and Hai’an under
the jurisdiction of the Municipality of Nantong;

    The counties of Ganyu, Donghai and Guanyun under the jurisdiction of the
Municipality of Lianyungang.

    Zhejiang Province:

    The Municipality of Hangzhou, and Xiaoshan City, and the counties of
Yuhang, Fuyang, Tonglu and Lin’an under its jurisdiction;

    The Municipality of Shaoxing, and the counties of Shaoxing, Shangyu and
Shengxian under its jurisdiction;

    The counties of Pinghu and Haiyan under the jurisdiction of the
Municipality of Jiaxing;

    Changxing County under the jurisdiction of the Municipality of Huzhou;
Yuyao City, and the counties of Cixi, Fenghua, Ninghai, Xiangshan and Yinxian
under the jurisdiction of the Municipality of Ningbo;

    The counties of Ouhai, Yueqing, Rui’an, Pingyang, Cangnan and Yongjia
under the jurisdiction of the Municipality of Wenzhou;

    The Municipalities of Jiaojiang and Linhai, and Huangyan County.

    Fujian Province:

    The counties of Ningde and Xiapu.

    Shandong Province (Note1.):

    The counties of Rongcheng, Wendeng and Rushan under the jurisdiction
of the Municipality of Weihai;

    The Municipality of Weifang and the municipalities of Zhucheng and
Qingzhou, and the counties of Changyi, Changle, Gaomi, Wulian, Shouguang and
Anqiu under its jurisdiction;

    The Municipality of Zibo, and Huantai County under its jurisdiction;

    Jiaozhou City, and the counties of Pingdu, Laoshan, Jimo, Jiaonan and
Laixi under the jurisdiction of the Municipality of Qingdao;

    Longkou City, Laiyang City, and the counties of Mouping, Penglai,
Zhaoyuan, Haiyang and Qixia under the jurisdiction of the Municipality of
Yantai;

    The Municipality of Laizhou;

    The Municipality of Rizhao.

    The Guangxi Zhuang Autonomous Region:

    The Municipality of Wuzhou, and Cangwu County under its jurisdiction;

    Hepu County under the jurisdiction of the Municipality of Beihai;

    The Municipalities of Yulin, Qinzhou and Fangcheng County.

    Policies stipulated in the Circular of the CPC Central Committee and the
State Council Regarding the Approval and Transmission of the Summary of a
Forum on the Yangtze River Delta, the Pearl River Delta and the Xiamen-
Zhangzhou-Quanzhou Triangular Area in the South of Fujian Province shall be
applicable to the above-mentioned areas.

    Note:

    Note 1. The State Council approved on February 19, 1990 that the
Municipality of Jinan is included in the Coastal Economic Open Zones. – The
Editor?







STATE COUNCIL’S OFFICIAL REPLY CONCERNING THE RENAMING OF THE FOREIGN ECONOMIC AND TRADE ARBITRATION COMMISSION AS THE CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION AND THE AMENDMENT OF ITS ARBITRATION RULES

Category  ARBITRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1988-06-21 Effective Date  1989-01-01  


THE State Council’s Official Reply Concerning the Renaming of the Foreign Economic and Trade Arbitration Commission As the China
International Economic and Trade Arbitration Commission and the Amendment of Its Arbitration Rules

The Official Reply
CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION ARBITRATION
Chapter I  General Provisions
Chapter II  Arbitration Proceedings
Chapter III  Supplementary Provisions
CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION ARBITRATION
Chapter I  General Provisions
Chapter II  Arbitration Proceedings
Chapter III  Summary Proceedings
Chapter IV  Supplementary Provisions

(June 21, 1988)

The Official Reply

    China Council for the Promotion of International Trade:

    The State Council approves the renaming of the Foreign Economic and Trade
Arbitration Commission of your Council as the China International Economic and
Trade Arbitration Commission. The existing relationship of its subordination
remains unchanged and its scope of handling cases covers all disputes arising
from international economic and trade transactions.

    The Arbitration Rules of the China International Economic and Trade
Arbitration Commission shall be amended by your Council in accordance with
China’s laws and the international treaties concluded or acceded to by China
and with reference to international practice, and then promulgated for
implementation after adoption by your Council. Hereafter, any amendments to
the Arbitration Rules shall be made by your Council’s own decision.

CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION ARBITRATION
RULES (Adopted on September 12, 1988 at the Third Session of the First
National Congress of the China Council for the Promotion of International
Trade (China Chamber of International Commerce))
Chapter I  General Provisions

    Section 1  Jurisdiction

    Article 1  The China international Economic and Trade Arbitration
Commission (hereinafter referred to as the Arbitration Commission)
independently and impartially settles disputes arising from international
economic and trade transactions by means of arbitration so as to protect the
justified rights and interests of the parties and promote international
economic and trade development.

    Article 2  The Arbitration Commission takes cognizance of cases of
disputes arising from international economic and trade transactions in
accordance with arbitration agreements concluded between the parties, prior to
or after the occurrence of disputes, to refer their disputes to the
Arbitration Commission for arbitration and upon a written application by one
of the parties.

    An arbitration agreement means the arbitration clause stipulated by the
parties in their contract, or an agreement in writing concluded in other forms
to submit disputes for arbitration.

    The Arbitration Commission has power to decide on the validity of
arbitration agreements and the jurisdiction over arbitration cases.

    Section 2  Organization

    Article 3  The Arbitration Commission is composed of Chairman,
Vice-Chairmen and Commission Members.

    The Chairman performs functions and duties given by these Rules and any
Vice-Chairman, if authorized by the Chairman, may perform the functions and
duties of the Chairman.

    Under the Arbitration Commission, a Secretariat is established to handle
the day-to-day work of the Arbitration Commission.

    Article 4  The Arbitration Commission maintains a panel of arbitrators.
The arbitrators are selected and appointed by the China Council for the
Promotion of International Trade (China Chamber of International Commerce)
from among Chinese and foreign persons with expertise and practical experience
in international economics and trade, science and technology, law and other
fields.

    Article 5  The Arbitration Commission is located in Beijing. The
Arbitration Commission may, according to the requirement of development of
arbitration business, establish sub-commissions in other places within the
territory of China.
Chapter II  Arbitration Proceedings

    Section 1  Application for Arbitration, Defence and Counterclaim

    Article 6  The Claimant must submit his Application for Arbitration to the
Arbitration Commission in accordance with the following requirements:

    (1) an Application for Arbitration in writing must be submitted to the
Arbitration Commission. The following must be specified in the Application for
Arbitration:

    (a) the name and address of the Claimant and those of the Respondent;

    (b) the arbitration agreement relied upon by the Claimant;

    (c) the Claimant’s claim and the facts and evidence on which his claim is
based.

    The Application for Arbitration shall be signed by the Claimant and/or the
attorney authorized by the Claimant.

    (2) when submitting an Application for Arbitration to the Arbitration
Cornmission, relevant documentary evidence on which the Claimant’s claim is
based shall accompany the Application for Arbitration.

    (3) the Claimant shall appoint an arbitrator from among the Panel of
Arbitrators of the Arbitration Commission or authorize the Chairman of the
Arbitration Commission to make an appointment on his behalf.

    (4) the Claimant shall pay an arbitration fee in advance to the
Arbitration Commission according to the Arbitration Fee Schedule attached to
these Rules.

    Article 7  After receipt of the Application for Arbitration and its
attachments and when the Arbitration Commission, after examination, deems that
the Claimant has completed the formalities required for arbitration, the
Arbitration Commission shall immediately mail to the Respondent one copy each
of the Claimant’s Application for Arbitration and its attachments as well as
the Arbitration Rules and the Panel of Arbitrators of the Arbitration
Commission.

    Article 8  The Respondent shall, within 20 days after receipt of the
Application for Arbitration, appoint an arbitrator from among the Panel of
Arbitrators of the Arbitration or authorize the Chairman of the Arbitration
Commission to make an appointment on his behalf, and shall, within 45 days
after receipt of the Application for Arbitration, submit his defence and
relevant documentary evidence to the Arbitration Commission.

    Article 9  The Respondent shall file with the Arbitration Commission his
counter-claim, if any, in connection with the case taken cognizance of by the
Arbitration Commission, within the time limit as specified in Article 8 for
the submission of his defence. The Respondent must state, in his
counter-claim, his claim and the facts and evidence on which his claim based
and attach relevant documentary evidence to his counter-claim.

    When filing a counter-claim, the Respondent must pay an arbitration fee in
advance according to the Arbitration Fee Schedule attached to these
Arbitration Rules.

    Article 10  The Arbitration Commission has discretion to ask the
Respondent to pay in advance a part of arbitration fees when it deems it
necessary.

    Article 11  When submitting an Application for Arbitration, defence,
counter-claim, relevant documentary evidence and other documents to the
Arbitration Commission, the parties shall provide duplicate copies as many as
the number of the other party/parties and the arbitrators, of whom the
arbitration tribunal is composed.

    Article 12  The parties may authorize attorneys to confer with the
Arbitration Commission on matters relating to arbitration. Such attorneys may
be citizens of China or foreign citizens. The authorized attorney must produce
a Power of Attorney to the Arbitration Commmission.

    Article 13  The Arbitration Commission may, pursuant to the request of the
parties and in accordance with the Chinese law, apply to the Chinese court in
the place where the property of the Respondent is or in the place where the
arbitration institution is located for a decision in respect of taking
preservative measures.

    Section 2  Composition of Arbitration Tribunal

    Article 14  After each of the two parties has chosen one arbitrator from
among the Panel of Arbitrators of the Arbitration Commission or the Chairman
of the Arbitration Commission has such an appointment under the authorization
by the party/parties, the Chairman of the Arbitration Commission shall appoint
a third arbitrator from among the Panel of Arbitrators of the Arbitration
Commission as the presiding arbitrator to form an arbitration tribunal to hear
the case.

    Article 15  Both parties may jointly appoint or authorize the Chairman of
the Arbitration Commission to appoint one arbitrator from among the Panel of
Arbitrators of the Arbitration Commission as a sole arbitrator to form an
arbitration tribunal to hear the case alone. If both parties have agreed on
the appointment of a sole arbitrator to hear their case alone but failed to
agree on the choice of such a sole arbitrator within 20 days as from the date
on which the Respondent receives the Application for Arbitration or as from
the date on which both parties reach an agreement to have their case heard by
a sole arbitrator, the Chairman of the Arbitration Commission shall appoint
the sole arbitrator.

    Article 16  If the Respondent fails to appoint and fails to authorize the
Chairman of the Arbitration Commission to appoint an arbitrator according to
Article 8 of these Rules, the Chairman of the Arbitration Commission has the
power to appoint an arbitrator for the Respondent.

    Article 17  When there are two or more Claimants and/or Respondents in an
arbitration case, the Claimant’s side and/or the Respondents’ side each shall,
through consultation, appoint one arbitrator from among the Panel of
Arbitrators of the Arbitration Commission. If the Claimants’ side fails to
make such appointment at the time when the Claimants submit their Application
for Arbitration and/or Respondents’ side is unable to appoint one arbitrator
within 20 days as from the date on which the last Respondent receives the
Application for Arbitration, the appointment shall be made by the Chairman of
the Arbitration Commission.

    Article 18  Any appointed arbitrator having personal interest in the case
shall himself request the Arbitration Commission for withdrawing from his
office and the parties have the right to make a request in writing to the
Arbitration Commission for a withdrawal of the arbitrator from his office.

    Article 19  A party who intends to challenge an arbitrator must put
forward his challenge before the first oral hearing of the case. If the
grounds for challenge come out or become aware of after the first oral
hearing, the challenge may be raised before the conclusion of the last hearing.

    Article 20  The Chairman of the Arbitration Commission shall decide on the
challenge.

    Article 21  If an arbitrator cannot perform his duty due to withdrawal or
other reasons, a substitute arbitrator shall be appointed in accordance with
the procedure pursuant to which the original arbitrator was appointed.

    Section 3  Hearing

    Article 22  The arbitration tribunal shall hold oral hearings to hear the
case. However, at the request of the parties or with their consent, oral
hearings may be omitted and the arbitration tribunal may examine the case and
make an award on the basis of documents only.

    Article 23  The date of oral hearing shall be decided by the arbitration
tribunal in consultation with the Secretariat of the Arbitration Commission
and the notice of hearing shall be communicated to the parties 30 days before
the date of hearing. A party having justified reasons may request for
postponement of the date of hearing. But his request must be communicated to
the Secretariat of the Arbitration Commission 12 days before the date of
hearing unless unforeseeable special circumstances occur. The Secretariat
shall inform the arbitration tribunal of his request and the arbitration
tribunal shall decide thereon, in consultation with the Secretariat.

    Article 24  The cases taken cognizance of by the Arbitration Commission
shall be heard in the place where the Arbitration Commission is located and
may, with the approval of the Chairman of the Commission, be heard in other
places.

    Article 25  The arbitration tribunal shall not hear cases in open
sessions. If both parties request hearings in open sessions, the arbitration
tribunal shall decide thereon.

    Article 26  The parties shall give evidence for the facts on which their
claim or defence is based. The arbitration tribunal may, if it deems it
necessary, make investigation and collect evidence on its own initiative.

    Article 27  The evidence shall be examined and approved by the arbitration
tribunal.

    Article 28  The arbitration tribunal may consult experts or appoint
appraisers for the clarification of special questions relating to the case.
Such experts and appraisers may be Chinese or foreign organizations or
citizens.

    Article 29  Should one of the parties or his attortey fail to appear at
the hearing, the arbitration tribunal may proceed with the hearing and make an
award by default.

    Article 30  During hearings, the Secretariat of the Arbitration Commission
shall take records in writing and/or tape-recordings and the arbitration
tribunal may, if it deems it necessary, order the parties and/or their
attorneys, witnesses and/or other persons involved to sign the records taken.

    Article 31  If both parties reach a settlement by themselves of a case
under the cognizance of the Arbitration Commission, the Claimant shall timely
request for withdrawal of the case. Dismissal of the case shall be decided by
the Chairman of the Arbitration Commission before an arbitration tribunal is
formed and by the arbitration tribunal after the arbitration tribunal is set
up.

    If the party or the parties refer the dismissed case again to the
Arbitration Commission for arbitration, the Chairman of the Arbitration
Commission shall decide whether to accept the reference or not.

    Section 4  Award

    Article 32  The arbitration tribunal shall render an arbitral award within
45 days after the closing of examination and hearing.

    Article 33  Where a case is heard by an arbitration tribunal composed of
three arbitrators, the arbitral award shall be decided by the majority of the
arbitrators and the minority opinion can be written down in the record and
docketed into the file.

    Article 34  The arbitration tribunal shall state the reasons upon which
the arbitral award is based unless the award is made in accordance with the
Article 37. The arbitral award shall be signed by all or majority of the
arbitrators sitting in the arbitration tribunal and shall contain the date and
place on and in which the arbitral award is made.

    Article 35  The arbitration tribunal may, if it deems it necessary or the
parties so request and it agrees, make an interlocutary or partial award on
any issue of the case at any time in the process of arbitration.

    Article 36  The arbitral award is final and neither party may bring a suit
before a law-court or make a request to any other organization for revising
the arbitral award.

    Article 37  The Arbitration Commission and the arbitration tribunal may
conciliate cases under their cognizance. In case a settlement agreement is
reached through conciliation, the arbitration tribunal shall make an award in
accordance with the contents of the settlement agreement reached by and
between both parties.

    Article 38  The parties must automatically execute the arbitral award
within the time limit specified in the award. lf no time limit is specified in
the award, the parties shall carry out the award immediately.

    In case either party fails to execute the award, the other party may,
pursuant to the Chinese law, apply to the Chinese court for enforcement of the
award or, according to the 1958 Convention on the Recognition and Enforcement
of Foreign Arbitral Awards or other international treaties that China has
concluded or acceded to, apply to the foreign court which has jurisdiction for
enforcement of the award.
Chapter III  Supplementary Provisions

    Article 39  The Chinese language is the official language of the
Arbitration Commission. At the hearing, if the parties or their attorneys or
witnesses are not familiar with the Chinese language, the Secretariat of the
Arbitration Commission may provide an interpreter for them or the parties may
bring with them their interpreters.

    The Secretariat of the Arbitration Commission may, if it deems it
necessary, ask the parties to hand in corresponding translation copies in
Chinese or other languages of the various documents and evidential materials
submitted by the parties.

    Article 40  Any written communication from the Arbitration Commission to
the parties is deemed to have been received if it is delivered to the
addressee personally or if it is delivered at his place of business, habitual
residence or mailing address; or if none of these can be found after making a
reasonable inquiry, a written communication is deemed to have been received if
it is sent to the addressee’s last known place of business, habitual residence
or mailing address by registered letter or by any other means which provide a
record of the attempt to deliver it.

    Article 41  Apart from charging arbitration fees from the parties
acccording to the Arbitration Fee Schedule attached to these Rules, the
Arbitration Commission may collect from the parties other actual expenses
including arbitrators’ remuneration and their travel and boarding expenses for
dealing with the case and the fees and expenses for experts, appraisers and
interpreters appointed by the arbitration tribunal, etc.

    Certain fees and actual expenses incurred may be collected by the
Arbitration Commission if a case is withdrawn after the parties have reached
by themselves a settlement agreement.

    Article 42  These Rules shall also apply to the cases of dispute taken
cognizance of by the Sub-Commissions of the Arbitration Commission. In the
arbitration proceedings conducted by the Sub-Commissions of the Arbitration
Commission, the functions and duties of the Chairman and the Secretariat of
the Arbitration Commission under these Rules shall be performed by the
Chairmen and the Secretariats of the Sub-Commissions.

    Article 43  These Rules shall come into force as of January 1, 1989.

    Arbitration Fee Schedule


      Amount of Claim (RMB)            Amount
of Fee (RMB)

    100,000 Yuan or less              4%
of the Claiming Amount, minimum 2,000

                                      Yuan

    100,000 Yuan to 500,000 Yuan      4,000 Yuan plus 3% of the excess over

                                      100,000
Yuan

    500,000 Yuan to 1,000,000 Yuan    16,000 Yuan plus 2% of the excess over

                                      500,000
Yuan

    1,000,000 Yuan to 5,000,000 Yuan  26,000 Yuan plus 1% of the excess over

                                      1,000,000
Yuan

    5,000,000 Yuan or more            66,000 Yuan
plus O.5% of the excess over

                                      5,000,000
Yuan


    If no amount of claim is stated when applying for arbitration, the amount
of arbitration fees shall be determined by the Secretariat of the Arbitration
Commission.

    If the arbitration fee is charged in foreign currency, an amount of
foreign currency equivalent to the corresponding RMB value specified in this
Schedule shall be paid.

CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION ARBITRATION
RULES
(Revised and adopted by China Council for the Promotion of International Trade
on March 17, 1994)

Chapter I  General Provisions

    Section 1  Jurisdiction

    Article 1  These Rules are formulated in accordance with the relevant
provisions in the laws of the People’s Republic of China, the Decision of the
former Government Administration Council of the Central People’s Government,
and the Circular and Official Reply of the State Council.

    Article 2  The China international Economic and Trade Arbitration
Commission (originally named the Foreign Trade Arbitration Commission of the
China Council for the Promotion of International Trade, then renamed as the
Foreign Economic and Trade Arbitration Commission of the China Council for the
Promotion of International Trade, and now known as the China International
Economic and Trade Arbitration Commission, hereinafter referred to as the
Arbitration Commission), by means of arbitration, independently and
impartially settles disputes arising from international or foreign economic
and trade transactions, either contractual or non-contractual, including
disputes between foreign corporations and/or individuals and Chinese
corporation and/or individuals, between foreign corporations and/or
individuals themselves, and as well as between Chinese corporations and/or
individuals themselves, so as to protect the justified rights and interests of
the parties and promote economic and trade development at home and abroad.

    Article 3  The Arbitration Commission takes cognizance of cases in
accordance with arbitration agreements concluded between the parties, prior to
or after the occurrence of disputes, to refer their disputes to the
Arbitration Commission for arbitration and upon a written application by one
of the parties.

    An arbitration agreement means the arbitration clause stipulated by the
parties in their contract, or an agreement in writing concluded in other forms
to submit disputes for arbitration.

    Article 4  The Arbitration Commission has power to decide on the existence
and validity of arbitration agreements and the jurisdiction over arbitration
cases.

    Article 5  An arbitration clause in a contract should be deemed as a
clause separate and independent from other clauses of the contract, and an
arbitration agreement attached to a contract also be deemed as one part
separate and independent from other clauses of the contract. The
modification, rescission, termination, annulment or invalidity of such a
contract cannot prejudice the effect of the arbitration clause or arbitration
agreement.

    Article 6  Defence to the arbitration agreement and/or the jurisdiction
over an arbitration case may be put forward unless the Respondent makes his
first substantial defence; defence to the jurisdiction over a counter-claim
shall be put forward unless the Counterclaimant makes his first substantial
defence.

    Article 7  If any party agrees to refer his dispute to the Arbitration
Commission, he is deemed to accept the arbitration under these Rules.

    Section 2  Organization

    Article 8  The Arbitration Commission has one Honorary Chairman and
Consultants.

    Article 9  The Arbitration Commission is composed of Chairman,
Vice-Chairmen, General Secretary and Commission Members. The Chairman performs
functions and duties given by these Rules and any Vice-Chairman, if authorized
by the Chairman, may perform the functions and duties of the Chairman.

    Under the Arbitration Commission, a Secretariat is established to handle
the day-to-day work of the Arbitration Commission.

    Article 10  The Arbitration Commission maintains a panel of arbitrators.
The arbitrators are selected and appointed by the China Council for the
Promotion of International Trade (China Chamber of International Commerce)
from among Chinese and foreign persons with expertise and practical experience
in law, economics and trade, science and technology and other fields.

    Article 11  The Arbitration Commission is located in Beijing. The
Arbitration Commission establishes the Shenzhen Sub-Commission in the Shenzhen
Special Economic Zone and the Shanghai Sub-Commission in Shanghai. The
Arbitration Commission and the sub-commissions are considered as a whole.

    Under the sub-commissions of the Arbitration Commission, secretariats are
established to handle the day-to-day work of the sub-commissions.

    These Rules apply to the Arbitration Commission and the sub-commissions as
well. In the arbitration proceedings conducted by the sub-commissions, the
functions and duties of the Chairman and the Secretariat of the Arbitration
Commission under these Rules shall be performed by the chairmen and the
secretariats of the sub-commissions.

    Article 12  Both parties may agree to refer their dispute to the
Arbitration Commission for arbitration in Beijing, or refer to the Shenzhen
Sub-Commission for arbitration in Shenzhen, or refer to the Shanghai
Sub-Commission for arbitration in Shanghai. In case of absence of such an
agreement, the Claimant is enpost_titled to choose the Arbitration Commission for
arbitration in Beijing, or choose the Shenzhen Sub-Commission for arbitration
in Shenzhen, or choose the Shanghai Sub-Commission for arbitration in
Shanghai. When making these choices, the one proposed first shall be taken as
the arbitration place. If a dispute arises therefrom, the Arbitration
Commission shall decide on the place.
Chapter II  Arbitration Proceedings

    Section 1  Application for Arbitration, Defence and Counterclaim

    Article 13  The arbitration proceedings commence from the date on which
the Respondent receives the Arbitration Notice from the Arbitration
Commission, or, if there are two or more respondents in a case, from the date
on which the last Respondent receives the Notice.

   &

CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION ARBITRATION RULES

REGULATIONS CONCERNING THE LABOR PROTECTION OF FEMALE STAFF AND WORKERS

Regulations Concerning the Labor Protection of Female Staff and Workers

     Article 1 These Regulations are formulated in order to safeguard the lawful rights and interests of female staff and workers,
to reduce and solve the special difficulties encountered by female staff and workers in their labor and work (hereinafter
collectively referred to as “Labor”) due to their physiological characteristics, and to protect their health, so as
to promote socialist modernization.

   Article 2 These Regulations shall apply to the female staff and workers of all state agencies, mass organizations, enterprises and
units (hereinafter collectively referred to as “Units”).

   Article 3 Any Unit which is suitable for women to engage in Labor may not refuse to employ female staff and workers.

   Article 4 During the pregnancy, maternity leave and nursing period of female staff and workers, their basic salaries may not be reduced
and their Labor contracts may not be cancelled.

   Article 5 It shall be forbidden to arrange for female staff and workers to engage in Labor in mine pits, Labor involving physical Labor
of the fourth (4th) degree of intensity as specified by the state, or any other kind of Labor to be avoided by female staff
and workers.

   Article 6 During the menstrual period of female staff and workers, the Units employing them may not arrange for them to engage in Labor
at high altitudes, in low temperatures or involving contact with cold water, or Labor involving physical Labor of the third
(3rd) degree of intensity as specified by the state.

   Article 7 During the pregnancy of female staff and workers, the Units employing them may not arrange for them to engage in Labor involving
physical Labor of the third degree of intensity as specified by the state or any kind of Labor to be avoided during pregnancy,
and may not extend their Labor hours beyond the usual Labor day. For those who are no longer competent at their original
Labor, the volume of Labor shall be reduced, or other Labor shall be arranged, according to a certificate from a medical department.

Generally, no night-shift Labor may be arranged for female staff and workers in or past the seventh (7th) month of pregnancy
and they shall be given certain rest periods during their Labor hours.

The time spent by pregnant female staff and workers on antenatal examination during Labor hours shall be deemed to be Labor
hours.

   Article 8 The maternity leave of female staff and workers shall be ninety (90) days, including fifteen (15) days of antenatal leave.
An extra maternity leave of fifteen (15) days shall be granted in case of dystocia. Female staff and workers who have borne
more than one child in a single birth shall be granted an extra maternity leave of fifteen (15) days for each additional baby
borne.

Female staff and workers who have a miscarriage shall be granted a certain period of maternity leave by the Units employing
them according to a certificate from a medical department.

   Article 9 Units employing female staff and workers with a baby under one (1) year of age shall grant them two feeding (including
bottle feeding) breaks of thirty (30) minute each during each Labor shift. Each feeding break of female staff and workers who
have borne more than one child in a single birth shall be extended by thirty (30) minutes for each additional baby borne.
The two feeding breaks during each Labor shift of female staff and workers may be taken consecutively. The time spent on
feeding and the time spent en route to and from the place of feeding inside the Unit concerned shall be deemed to be Labor hours.

   Article 10 During the infant-feeding period allowed female staff and workers, the Units employing them may not arrange for them to engage
in Labor involving physical Labor of the third degree of intensity as specified by the state or any kind of Labor to
be avoided during the feeding period, nor may they extend their Labor hours. Generally, such Units may not arrange night-shift
Labor for such female staff and workers.

   Article 11 Units employing a relatively large number of female staff and workers shall, either individually or jointly, gradually establish
such facilities as a clinic for female staff and workers, a lounge for pregnant women, a feeding room, a nursery and a kindergarten,
and shall properly solve the physiological, health, feeding and child-care difficulties encountered by their female
staff and workers, in accordance with relevant state regulations.

   Article 12 If the right and interests of female staff and workers in respect of Labor protection are infringed upon, such female staff
and workers shall have the right to appeal to the department in charge of the Unit employing them or the local Labor department.
The department accepting the appeal shall decide on it within thirty (30) days after its receipt of the letter of appeal.
Female staff and workers who object to the decision or the handling of the appeal may initiate legal proceedings at
the People’s Court within fifteen (15) days after their receipt of the notification of the decision.

   Article 13 If a Unit violates these Regulations by infringing upon the rights and interests of a female staff member or worker in respect
of Labor protection, the department in charge of such Unit shall take administrative disciplinary action against such
Unit’s person(s)-in- charge and person(s) directly responsible for the infringement, according to the seriousness
of the case, and shall order such Unit to pay such female staff member or worker reasonable financial compensation.
If a criminal offence is constituted, the judicial authorities shall investigate criminal liability according to law.

   Article 14 The Labor departments at all levels shall be responsible for inspecting the implementation of these Regulations.

The public health departments, and Trade Union and Women’s Federation organizations, at all levels shall have the right to
supervise the implementation of these Regulations.

   Article 15 If a female staff member or worker violates the birth control regulations of the state, her Labor protection shall be handled
in accordance with the birth control regulations of the state and these Regulations shall not apply.

   Article 16 The scope of Labor which is to be avoided by female staff and workers on account of their physiological characteristics shall
be specified by the Ministry of Labor.

   Article 17 The People’s Governments of the provinces, autonomous regions and municipalities directly under the central government
may formulate concrete measures on the basis of these Regulations.

   Article 18 The Ministry of Labor shall be responsible for the interpretation of these Regulations.

   Article 19 These Regulations shall be implemented as from September 1, 1988. At the same time, the provisions concerning the treatment
of child-bearing female workers and staff members contained in the Regulations of the People’s Republic of China Concerning
Labor Insurance which were revised and promulgated by the Government Administration Council on 2 January 1953, and
the Notice of the State Council Concerning the Maternity Leave of Female Working Personnel of 26 April,1955 should be repealed.

    

Source:MOFTEC






MEASURES FOR THE CONTROL OF PSYCHOTROPIC DRUGS

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1988-12-27 Effective Date  1988-12-27  


Measures for the Control of Psychotropic Drugs

Chapter I  General Provisions
Chapter II  The Production of Psychotropic Drugs
Chapter III  The Supply of Psychotropic Drugs
Chapter IV  Transportation of Psychotropic Drugs
Chapter V  The Use of Psychotropic Drugs
Chapter VI  The Import and Export of Psychotropic Drugs
Chapter VII  Penalty Provisions
Chapter VIII  Supplementary Provisions

(Approved by the 25th Executive Meeting of the State Council on November 15, 1988 and promulgated by Decree No. 24 of the State Council
of the People’s Republic of China on December 27, 1988 and effective as of the date of promulgation)

Chapter I  General Provisions

    Article 1  These Measures are formulated in accordance with the Medicine
Administration of the People’s Republic of China in order to further control
psychotropic drugs.

    Article 2  Psychotropic drugs refer to those drugs that produce direct
effect on the central nerve system so as to excite or sooth the sense and may
result in drug dependence through constant use.

    Article 3  According to the extent of drug dependence and hazards to
health, psychotropic drugs are classified into category I and category II. The
classification shall be done by the Ministry of Public Health.
Chapter II  The Production of Psychotropic Drugs

    Article 4  Psychotropic drugs shall be produced according to the plan by
the production units appointed by the State. No other unit or individual shall
be allowed to engage in the production of psychotropic drugs.

    The units that may produce raw materials of psychotropic drugs and
psychotropic drugs of category I shall be appointed jointly by the Ministry of
Public Health and the State Administration for Medicine.

    The units that may produce psychotropic drugs of category II shall be
appointed jointly by the health administration department at the provincial,
autonomous regional or municipal (directly under the Central Government) level
and the administrative department for medicine at the corresponding level.

    Article 5  The annual production plan for raw materials of psychotropic
drugs and for the psychotropic drugs of category I shall be made jointly by
the Ministry of Public Health and the State Administration for Medicine. The
annual production plan for the psychotropic drugs of category II shall be made
jointly by the health administration department at the provincial, autonomous
regional or municipal (directly under the Central Government) level and the
administrative department for medicine at the corresponding level.

    Without authorization, no production unit shall be allowed to change the
production plan of psychotropic drugs.

    Article 6  Raw materials of psychotropic drugs and psychotropic drugs
shall be allotted by the State according to plan. No production unit shall be
allowed to sell them without authorization.

    Article 7  The units that produce raw materials of psychotropic drugs and
the units that produce psychotropic drugs must establish a strict control
system. The raw materials and the drugs must be kept in separate storage under
the charge of person(s) specially appointed for the purpose. They must make
regular reports about the fulfilment of the seasonal production plan to the
health administration department at the provincial, autonomous regional or
municipal (directly under the Central Government) level and the administration
department for medicine at the corresponding level and send copies of the
reports to the Ministry of Public Health and the State Administration for
Medicine for the record.

    Waste materials discharged during the production of psychotropic drugs
must be treated properly so as not to pollute the environment.
Chapter III  The Supply of Psychotropic Drugs

    Article 8  Raw materials of psychotropic drugs and psychotropic drugs of
category I shall be allotted or purchased by the drug dealer units appointed
jointly by the Ministry of Public Health and the State Administration for
Medicine. Psychotropic drugs of category II shall be handled by the drug
dealer units appointed jointly by the health administrative department at or
above the county level and the administrative department for medicine at the
corresponding level. No other unit or individual shall be allowed to engage
in the trading of psychotropic drugs.

    Article 9  The plan for the supply of raw materials of psychotropic drugs
and for the supply of psychotropic drugs of category I shall be made jointly
by the Ministry of Public Health and the State Administration for Medicine
after balancing the plans made by the administration department for medicine
of each province, autonomous region or municipality directly under the Central
Government and shall be assigned together with the production plan by the
Ministry of Public Health and the State Administration for Medicine. The plan
for the supply of psychotropic drugs of category II shall be assigned jointly
by the health administrative department of each province, autonomous region
or municipality directly under the Central Government and the administration
department for medicine at the corresponding level.

    Article 10  The psychotropic drugs of category I are available only to
those medical treatment units appointed by the health administrative
department at or above the county level. No retail sale of these drugs shall
be allowed at any drug stores.

    The psychotropic drugs of category II are available to all medical
treatment units. Drug stores may sell such drugs by retail on the strength of
a doctor’s prescription with an official seal of a medical treatment unit
stamped on. The prescriptions must be kept for two years for reference. Any
medical unit in need of psychotropic drugs of category I must purchase them at
a designated drugstore with a Purchasing Card for Psychotropic Drugs issued by
the health administrative department at or above the county level.

    The Purchasing Card for Psychotropic Drugs shall be made solely by the
Ministry of Public Health.

    Article 11  The psychotropic drugs needed in scientific research or
teaching shall be provided by the appointed drug dealers with an approval by
the health administrative department at or above the county level.
Chapter IV  Transportation of Psychotropic Drugs

    Article 12  When consigning psychopharmaceuticals, the production unit or
the supply unit must fill out the full name of the drug on the parcel form,
and stamp, in the space for the consigner, a special Seal for Psychotropic
drugs.

    Article 13  The transportation units must strengthen administration work
to ensure prompt shipment of psychotropic drugs by 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 top loading is allowed; if by
truck, they must be securely fastened up and safely protected.

    Article 14  In the event that any of the psychotropic drugs is found
missing in the course of transportation, the freighter-unit must report the
case promptly to the local public security organ and the health administrative
department for investigation.
Chapter V  The Use of Psychotropic Drugs

    Article 15  Doctors must prescribe psychotropic drugs on the basis of the
actual need in treatment. Abuse of such drugs is strictly forbidden. Normally,
a prescription for the psychotropic drugs of category I shall not exceed the
therapeutical dosage for three days. A prescription for the psychotropic drugs
of category II shall not exceed the therapeutical dosage for seven days. The
prescriptions must be kept for two years for reference.

    Article 16  On a prescription of psychotropic drugs, the name, age, sex of
the user, the name of the drug, dosage and administration must be written down
clearly. The drug dealer unit and the medical treatment unit are not allowed
to alter the purchasing certificates and the prescriptions for psychotropic
drugs.

    Article 17  The drug dealer unit and the medical treatment unit are
required to keep a balance account book of psychotropic drugs. An inventory of
the drugs must be made every three months to ensure the stock conforms to the
account book. Should anything suspicious is found, a report must be made
promptly to the local health administrative department and the latter must
make immediate investigation in the matter.

    Psychotropic drugs purchased by the medical treatment unit can only be
used in their unit. No resale of the drugs shall be allowed.
Chapter VI  The Import and Export of Psychotropic Drugs

    Article 18  The import and export of psychotropic drugs shall be handled
by the units appointed by the Ministry of Foreign Economic Relations and Trade
in accordance with the State provisions governing foreign trade.

    The annual plan for the import or export of psychotropic drugs must be
submitted to the Ministry of Public Health for examination and approval.

    Article 19  Medical treatment units, medical colleges or medical science
research institutions that are in need of imported psychotropic drugs must
submit an application to the Ministry of Public Health for examination and
approval. Only after a License for the Import of Psychotropic Drugs is issued
to them can they go through import formalities.

    Article 20  The units that export psychotropic drugs are required to
submit an application to the Ministry of Public Health, together with an
import license issued by the competent government department of the importing
country, for examination and approval. Only after a License for the Export of
Psychotropic Drugs is issued to them can they go through export formalities.

    Article 21  The License for the Import of Psychotropic Drugs and the
License for the Export of Psychotropic Drugs shall be exclusively printed by
the Ministry of Public Health.
Chapter VII  Penalty Provisions

    Article 22  Any violator of these Measures for any one of the following
acts shall be punished by the local health administrative department, and the
penalty shall cover confiscation of all the psychotropic drugs and the illegal
gains, a fine 5 to 10 times the illegal gains according to the seriousness of
the case, suspension of business operations for rectification or revocation of
the License for Pharmaceutical Production Enterprise, License for
Pharmaceutical Business Enterprise or License for Medicaments:

    (1) to produce psychotropic drugs or change the production plan or
produce additional kinds of psychotropic drugs without authorization;

    (2) to engage in the trading of psychotropic drugs without authorization;

    (3) to prepare and sell any form of psychotropic drugs without
authorization;

    (4) to use veterinarypsychotropic drugs on the human beings;

    (5) to import or export psychotropic drugs without authorizations.

    Article 23  Those who take advantage of their professional work by
prescribing psychotropic drugs to other persons without complying with the
rules or by prescribing the psychotropic drugs for themselves, and those who
are directly responsible for cheating to gain or abusing the drugs shall be
given disciplinary sanctions by the authorities of the unit they are in.

    Article 24  Those who violate these rules by producing, shipping or
trading psychotropic drugs illegally, if the circumstances are serious enough
to constitute a crime, shall be prosecuted for criminal responsibility to be
investigated by the judicial organs according to law.

    Article 25  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
next higher level who shall make a reply within 15 days after it receives the
appeal. If he is dissatisfied with the decision of reconsideration, he may,
within 15 days of receiving 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 request the people’s court to issue
an injunction for compulsory enforcement.
Chapter VIII  Supplementary Provisions

    Article 26  Specific measures for the control of veterinary psychotropic
drugs shall be formulated jointly by the Ministry of Agriculture and the
Ministry of Public Health in accordance with these Measures.

    Article 27  The right to interpret these Measures resides in the Ministry
of Public Health.

    Article 28  These Measures shall go into effect as of the date of
promulgation.






PROVISIONS OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA ON ADMINISTRATION OF THE GOODS ENTERING AND LEAVING THE ECONOMIC AND TECHNOLOGICAL DEVELOPMENT ZONES

The General Administration of Customs

Provisions of the Customs of the People’s Republic of China on Administration of the Goods Entering and Leaving the Economic and Technological
Development Zones

Promulgated by the General Administration of Customs

April 26, 1988

Article 1

The present Provisions are formulated in order to promote the construction and development of the economic and technological development
zones, strengthen the Customs control, in accordance with the Customs Law of the People’s Republic of China and the relevant State
regulations concerning the economic and technological development zones.

Article 2

The present Provisions apply to the economic and technological development zones (hereinafter referred to as the development zone)
set up by coastal cities with the State approval.

Article 3

The foreign trade enterprises and productive enterprises which conduct import and export businesses in the development zone shall
present the approval documents of the competent authority and the business license issued by the administrative department of industry
and commerce to go through the Customs formalities of registration at the local Customs.

Article 4

When goods imported or exported from the development zone, the consignee or consignor or his agent shall fill in the declaration certificate
of imported or exported goods and declare the imported and exported goods to the Customs according to the facts and submit licenses
and relevant documents for examination in accordance with the relevant State regulations. If the above mentioned goods enter or leave
the territory at ports outside the development zone, the goods shall be dealt with according to the regulations concerning the Customs
supervision and control of transportation of goods between the Customs.

Article 5

The enterprises which enjoy the preferential treatments of imported and exported goods in the development zone shall establish special
account books, report regularly to the Customs in writing the use, sale, storage and export of imported goods. The Customs shall
verify the reports and have the right to go into the enterprises at any time to check the goods and the relevant account books.

When considered necessary, the Customs shall send Customs officers to station in the enterprises for supervision and handle the Customs
formalities. The relevant enterprises shall provide free in charge offices and necessary convenience.

Article 6

If the enterprises or institutes in the development zone want to import goods for self-use within the development zone with the approval
of the competent State authority, the import duties, import adjusted tax, consolidated industrial and commercial tax (product tax
or value added tax) shall be dealt with according to the following provisions:

1)

The imported machines, equipment and other infrastructure construction materials needed by the infrastructure construction of the
development zone shall be exempted from duties;

2)

The imported construction materials, production and management equipment, fuel production, production vehicles of reasonable amount,
means of transportation, office stationery and the imported spare parts needed by the maintenance of the above mentioned machines,
equipment and vehicle shall be exempted from duties.

3)

The construction materials, means of transportation, office stationery, management equipment of reasonable amount imported for self-use
by the administrative departments, institutes in the development zone shall be dealt with reference to the stipulation of above Paragraph.

4)

The raw materials, spare parts, components specially imported by the enterprises in the development zone and actually consumed in
producing export products, and the food stuff used for business of tourism and catering trade, and the food imported for raising
export products with use of foreign capital shall be exempted from duties.

5)

Other goods imported by the development zone which are outside the range stipulated in Paragraphs 1, 2, 3, 4 of this Article shall
be paid duties according to the regulations.

Article 7

If the products which contain materials or components exempted from duties will be transported from the inland to the development
zone with approval to be sold or used, the products shall be exempted from or imposed duties separately according to the stipulations
of Article 6 .

Article 8

The enterprises in the development zone export products produced in the development zone shall be exempted from export duties.

The products processed in the development zone for export, with use of the materials and semi-products from the inland, may be deemed
as products of the development zone if the products have been materially processed and the value of the products have increased up
to 20% or more. The Customs shall exempt the products from export duties according to the testimonial documents issued by the relevant
competent authority.

The enterprises in the development zone want to export products of the inland by acting as agent or purchasing shall be dealt with
according to the relevant State regulations. The products which should be levied export duties shall be imposed export duties according
to the regulations.

Article 9

The imported goods of the development zone which are reduced or exempted from duties shall only be used within the limits of the zone.
Without the permission and complete of the Customs formalities, the goods shall not be transferred to other uses and shall not be
presumptuously transferred, sold and leased outside the development zone.

Article 10

If the institutes in the development zone transport the replaced machines, equipment and office stationery originally imported and
exempted from duties to the inland or the institutes of the inland which contract constructions in the development zone transport
above mentioned equipment and materials to the inland after complete of the constructions, they shall submit the approval documents
issued by the relevant competent authority to the Customs for examination. After the verification and approval, the Customs shall
impose duties again according to the concrete conditions and release these goods upon examination.

Article 11

The relevant imported and exported materials of the enterprises which conduct the businesses of processing imported materials shall
be dealt with in accordance with the Measures of the Customs of the People’s Republic of China on Administration of the Imported
Materials and Components Needed by Enterprises with Foreign Investments for Carrying out Product Export Contracts and the Measures
of the Customs of the People’s Republic of China on Administration of the Imported and Exported Goods for Processing Imported Materials.
When the enterprise in the development zone wants to sell the products produced or assembled with imported materials and components
exempted from duties to the inland market with permission of the relevant competent authority, the enterprise shall again go through
the Customs formalities of import, and the Customs shall impose duties on the materials and components contained in the products;
When the enterprise wants to sell or use the products in the development zone, the products shall be exempted from or imposed duties
according to the stipulations of Article 6 of the present Provisions. If the owner or his agent of the goods can not declare clearly
the name, quantity and value of the imported materials and components contained in the products, the Customs shall impose duties
according to the product duty rate.

Article 12

If the enterprise in the development zone needs to process the imported materials and components outside the development zone, the
enterprise shall register to the Customs by presenting the approval documents issued by the competent authority of the development
zone and the processing contracts signed with the enterprise in the inland. The registration book shall be issued by the Customs
upon check. The processed products shall be transported back to the development zone within the duration stipulated in the contracts.
The enterprise shall go through the Customs formalities of conciliation by holding the registration book within one month after the
complete of the contracts.

Article 13

The imported goods outside the development zone which will be transported temporarily into the development zone shall be declared
to the Customs. When the goods are transported back to the inland, the Customs shall release the goods after examining the goods
to be the original ones. If the goods have not been declared to the Customs, the goods shall be dealt with according to the regulations
concerning the goods transported from the development zone to the inland when the goods are transported back to the inland.

Article 14

Violating the present Provisions and other Customs regulations shall be dealt with by the Customs in accordance with the Customs Law
of the People’s Republic of China and other relevant regulations.

Article 15

The present Provisions shall enter into force as of May 15, 1988.



 
The General Administration of Customs
1988-04-26

 







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...