1994

DETAILED IMPLEMENTING RULES GOVERNING THE REGULATIONS FOR THE CONTROL OF ADVERTISING

Detailed Implementing Rules Governing the Regulations for the Control of Advertising

     (Effective Date:1988.01.09–Ineffective Date:)

(Promulgated 9 January 1988 by the State Administration for Industry and Commerce)

   Article 1. These Detailed Implementing Rules are formulated in accordance with the provisions of Article 21 of the Regulations for the Control
of Advertising (hereinafter referred to as the Regulations).

   Article 2. The administrative scope as prescribed by Article 2 of the Regulations shall include:

(1) advertisements printed in newspapers, periodicals, books, name registries, etc.;

(2) advertisements broadcast on radio or television or through films, videos, slide shows, etc.;

(3) advertisements on buildings in streets, public squares, airports, railway stations, wharves, etc., or on billboards in vacant
spaces, or using neon lights, electronic display boards, display windows, lanterns, walls, etc.;

(4) advertisements displayed or posted inside or outside such places as theatres, stadiums, cultural centres, exhibition halls, guest
houses, restaurants, sightseeing and amusement centres, markets, etc.;

(5) advertisements displayed, drawn or posted on vehicles, vessels, aeroplanes or other means of transport;

(6) publicity material on various types of products which is sent through the mail;

(7) advertising publicity gained through the presentation of samples of products;

(8) advertising using other forms of media or other means to publish, broadcast, display or post advertisements.

   Article 3. An enterprise applying for approval to engage in advertising operations, in addition to meeting enterprise registration requirements,
etc., shall also be required to meet the following conditions;

(1) establish an organisation responsible for conduction market surveys and provide the relevant specialised personnel;

(2) provide administrative personnel familiar with advertising control legislation and personnel able to undertake the design, production
and editing of advertisements;

(3) provide full-time accounting personnel;

(4) have the ability to provide the relevant services if applying to undertake contract work for or to act as agent for foreign businessmen
who come to China to advertise.

   Article 4. A public institution applying to engage in advertising operations part-time shall meet the following conditions:

(1) have the means to directly issue advertisements and the technology and equipment required for the design and production of advertisements;

(2) provide administrative personnel and editorial personnel familiar with advertising control legislation;

(3) establish an independent accounting system, to be staffed by full-time or part-time accounting personnel.

   Article 5. If a Sino-foreign joint equity enterprise or a Sino-foreign co-operative enterprise applies to engage in advertising operations,
the matter shall be handled in accordance with the Regulations, these Detailed Implementing Rules and other relevant regulations.

   Article 6. If an individual industrial or commercial household operation applies to engage in advertising operations, in addition to meeting
the requirements prescribed in the Provisional Regulations governing the Administration of Individual Industrial and Commercial Household
Operations in Towns and Villages, the individual shall also be required to be skilled in the specialised field of advertising, to
be familiar with advertising control legislation and to qualify through an examination.

   Article 7. In accordance with be provisions of Article 6 of the Regulations, the examination, approval and registration of an advertising operator
shall be conducted as follows:

(1) A national advertising enterprise or a Sino-foreign joint equity enterprise or Sino-foreign co-operative enterprise wanting to
engage in advertising operations shall apply to the State Administration for Industry and Commerce and, subject to verification and
approval of its application, shall be issued with a business licence of the People’s Republic of China.

A regional advertising enterprise shall apply to its local municipal or county administration for industry and commerce and shall
be issued with a corporate business licence by the said administration, subject to verification and approval of the application by
the administration for industry and commerce of the relevant province, autonomous region or directly administered municipality or
an authorised municipal administrative body under provincial jurisdiction.

(2) A public institution wanting to engage part-time in advertising activities shall apply to its local municipal or county administration
for industry and commerce and shall be issued with an advertising permit by the said administration, subject to verification and
approval of the application by the administration for industry and commerce of the relevant province, autonomous region or directly
administered municipality or an authorised municipal administrative body under provincial jurisdiction.

A public institution engaged part-time in advertising activities, which wishes to undertake direct advertising work for foreign businessmen
who come to China to advertise, shall apply to the administration for industry and commerce of the relevant province, autonomous
region or directly administered municipality and shall be issued with an advertising licence of the People’s Republic of China by
the said administration, subject to its inspection of the application and subsequent examination and approval of the application
by the State Administration for Industry and Commerce.

(3) An independent industrial or commercial household operation wanting to engage in advertising activities shall apply to its local
municipal or county administration for industry and commerce and shall be issued with a business licence by the said administration,
subject to verification and approval of the application by the administration for industry and commerce of the relevant province,
autonomous region or directly administered municipality or an authorised municipal administrative body under provincial jurisdiction.

(4) A unit wanting to engage in advertising operations within a local area for a short period shall apply to the administration for
industry and commerce of the relevant province, autonomous region or directly administered municipality or an authorised municipal
administrative body under provincial jurisdiction and shall be issued with a temporary advertising licence, subject to its examination
and approval of the application. A unit wanting to engage in advertising operations nationally for a short period shall apply to
the administration for industry and commerce of the relevant province, autonomous region or directly administered municipality and
shall be issued with a temporary advertising licence by the said administration, subject to approval of the application by the State
Administration for Industry and Commerce.

   Article 8. A public institution engaging in part-time advertising activities may, subject to examination and approval, act as agent for other
advertising operations which use similar mediums.

   Article 9. If an advertising client applies to use a medium other than radio, television or the print media to advertise cigarettes, prior approval
must be obtained from the administration for industry and commerce of the relevant province, autonomous region, directly administered
municipality or authorised municipal administrative body under provincial jurisdiction.

If an advertising client applies to advertise any of the high quality spirits which have received any of the various national, department
or provincial level awards, prior approval must be obtained from the administration for industry and commerce of the relevant province,
autonomous region, directly administered municipality or authorised municipal administrative body under provincial jurisdiction.
When using the print or broadcast media to advertise alcoholic beverages of up to 39 per cent (including 39 per cent) alcohol, the
specific amount must be clearly stated.

   Article 10. In accordance with the provisions of Article 7 of the Regulations, a client applying for the issue of an advertisement shall present
the appropriate certificate as follows:

(1) An industrial or commercial enterprise or an independent industrial or commercial household operation shall present for inspection
a copy of its corporate business licence or business licence respectively.

(2) An administrative organ, social group or public institution shall present the certificate of its respective unit.

(3) An individual shall present a certificate issued by his/her local township, village, subdistrict office or unit.

(4) A national enterprise, Sino-foreign joint equity enterprise, Sino-foreign co-operative enterprise or sole foreign investment enterprise
shall present for inspection its business licence of People’s Republic of China, issued by the State Administration for Industry
and Commerce.

(5) A resident representative office of a foreign enterprise shall present for inspection its certificate of registration as the resident
representative office in china of a foreign enterprise.

   Article 11. When applying to advertise a commodity, a quality certificate verifying that the commodity complies with State standards, department
standards (specialised standards) or enterprise standards shall be presented for inspection in accordance with the provisions of
item (1) of Article 11 of the Regulations.

   Article 12. When applying to advertise a commodity as an award winner, a certificate attesting to the granting of the award and issued by a competent
administrative department at the level of province, autonomous region, directly administered municipality or above shall be presented
in accordance with the provisions of item (2) of Article 11 of the Regulations.

   Article 13. In accordance with the provisions of item (7) of Article 11 of the Regulations, the relevant certificates shall be presented when
applying to release any of the following types of advertisements:

(1) If advertising the publication of a newspaper or periodical, a registration certificate verified by the news publishing organ
of the relevant provincial, autonomous region or directly administered municipality shall be presented.

(2) If advertising the publication of a book, a certificate issued by the relevant news publishing organ approving the establishment
of the publishing house shall be presented.

(3) If advertising any of the various types of artistic and cultural performances, a certificate authorising the performance, issued
by the department in charge of cultural affairs at local county level or above, shall be presented.

(4) If a university or college is advertising to recruit students, a certificate issued by the State Education Commission or the education
administrative department of the relevant province, autonomous region or directly administered municipality, authorising the release
of such advertisements through the press and broadcast media, shall be presented. In the case of polytechnic schools, a certificate
issued by the local district (municipal) education administrative department, authorising the release of such advertisements through
the print and broadcast media, shall be presented. If advertising to recruit foreigners to study in China, it shall be necessary
to present a certificate issued by the State Education Commission authorising such advertising through the press and broadcast media.

(5) If advertising any of the various after-school supplementary educational classes, recruiting students for specialised technical
training classes or advertising to recruit workers or to invite applications for employment positions, a certificate issued by an
education administrative department or labour and personnel department at county level or above, authorising the release of such
advertisements through the press and broadcast media, shall be presented.

(6) If advertising individual medical practices, a certificate approving the practitioner, issued by the relevant health administration
department at county level or above, and a certificate verifying and approving the content of the advertisement shall be presented.

(7) If advertising pharmaceuticals or related products, a pharmaceutical advertising examination and approval list verified by a health
administration department of the relevant local province, autonomous region or directly administered municipality shall be presented.

(8) If advertising veterinary medicines, a certificate of approval issued by an agriculture, animal husbandry and fisheries administrative
organ of the relevant province, autonomous region or directly administered municipality shall be presented.

(9) If advertising agricultural chemicals, an agricultural chemical advertising examination and approval list, examined and approved
by the Ministry of Agriculture, Animal Husbandry and Fisheries or the drug inspection or plant protection department of the agriculture,
animal husbandry and fisheries office (bureau) of the relevant province, autonomous region or directly administered municipality,
shall be presented.

   Article 14. In accordance with the provisions of item (8) of Article 11 of these Regulations, the relevant certificates shall be presented when
applying to use the print or broadcast media to publicise advertisements of the following content:

(1) If advertising foodstuffs, a foodstuffs advertising examination and approval list approved by the foodstuffs hygiene supervisory
body at the local regional (municipal) level or above shall be presented.

(2) If advertising any of the various display and sales exhibitions, order placement meetings, trade fairs, etc., a certificate of
approval issued by the department in charge of the organising unit shall be presented.

(3) If advertising to encourage bank savings deposits, a certificate from a higher level authority of the People’s Bank shall be presented.

(4) If advertising notices or statements concerning individuals, a certificate issued by the person’s unit, township (village) people’s
government or subdistrict office shall be presented.

   Article 15. When a client requests an advertisement for publishing, broadcasting, displaying or posting, it shall present the original of the
certificate required or a duplicate copy to which the original certificate issuing organ has fixed its signature or seal and which
has been notarised by a public notary office.

   Article 16. In accordance with the provisions of Article 15 of the Regulations, agency fees for undertaking domestic advertising work shall be
10% of the advertising costs. Agency fees of 15% of the advertising costs shall be paid when undertaking advertising work for foreign
businessmen who come to China to advertise.

   Article 17. If a foreign enterprise (organisation) or person of foreign nationality needs to hire a contractor to produce and release an advertisement,
it shall commission an advertising operator authorised to provide advertising services to foreign businessmen to undertake the work.

   Article 18. In accordance with the provisions of Article 12 of the Regulations, when acting as an agent for or as the issuer of an advertisement,
the agent or issuer shall be responsible for inspecting the content of the advertisement and relevant certificates and shall have
the right to request the advertising client to provide any other necessary certificates and documents. An advertising agent or issuer
shall not be permitted to continue to handle work for an advertisement if the certificate is found to be illegal or incomplete or
if the content of the advertisement is found to be false.

An advertising operator shall establish a filing system to maintain records of advertising contract registrations, reviews and services
rendered. An advertising service file shall be kept for a minimum of one year.

   Article 19. If an advertising client violates the provisions of Article 3 or item (5) of Article 8 of the Regulations by using an advertisement
to mislead or cheat users and consumers, the client shall be ordered to issue an amended advertisement within a corresponding area
and, depending on the seriousness of the case, shall be fined between two and five times the cost of the advertisement, as well as
held responsible for compensation users and consumers for any resultant losses.

If an advertising operator assists a client to practise fraud, a notice of criticism may be circulated, any illegal earnings confiscated
and a fine of between two and five times the cost of the advertisement may be imposed, depending on the seriousness of the case.
If such offences continue, the advertising operator may be ordered to suspend business operations while the matter is rectified and
may have its business licence or advertising permit revoked. Joint and several liability shall be borne by the operator for any resultant
losses incurred by users and consumers.

The cost of issuing an amended advertisement shall be borne jointly by the advertising client and advertising operator.

   Article 20. If the provisions of Article 4 or item (6) of Article 8 of the Regulations are violated, a notice of criticism may be circulated,
any illegal earnings may be confiscated, a fine of up 5, 000 yuan may be imposed or an order given to suspend operations while rectification
is undertaken, depending on the seriousness of the case.

   Article 21. If an advertising operator violates the provisions of Article 6 of the Regulations by engaging in advertising activities without
the necessary certification or by exceeding its approved scope of operations, its illegal activities shall be banned, any illegal
earnings shall be confiscated and a fine of up to 5,000 yuan shall be imposed.

   Article 22. If an advertising client violates the provisions of Article 7 of the Regulations, a notice of criticism may be circulated and a fine
of up to 5,000 yuan may be imposed, depending on the seriousness of th case.

   Article 23. If the provisions of items (1), (2), (3) or (4) of Article 8 of the Regulations are violated, a notice of criticism shall be circulated
regarding the advertising operator involved, any illegal earnings by the operator confiscated and a fine of up to 10,000 yuan imposed.
The advertising client may be sent a notice of criticism and fined up to twice the amount of the advertising costs, depending on
the seriousness of the case.

   Article 24. If a news unit violates the provisions of Article 9 of the Regulations, a notice of criticism may be circulated, any illegal earnings
confiscated and a fine of up to 10,000 yuan imposed, depending on the seriousness of th case.

   Article 25. If an advertising operator violates the provisions of Article 10 of the Regulations, a notice of criticism may be circulated, any
illegal earnings confiscated and a fine of up to 10,000 Yuan imposed depending on the seriousness of the case.

   Article 26. If an advertising client violates the provisions of Article 11 of the Regulations by forging, altering, stealing and using or illegally
copying a certificate, a notice of criticism shall be criticism shall be circulated and a fine of up to 5,000 yuan imposed.

An advertising operator which violates the provisions of items (1) or (2) of Article 11 of the Regulations shall be subject to a fine
of up to 1,000 yuan.

If an advertising operator provides a client with illegal or false certificates, a notice of criticism shall be circulated, a fine
of up to 5, 000 yuan imposed and the operator shall bear joint and several liability.

   Article 27. If an advertising operator violates the provisions of Article 12 of the Regulations, a notice of criticism may be circulated, any
illegal earnings confiscated and a fine of up to 3,000 yuan imposed, depending on the seriousness of the case. If false advertising
is the result, the operator shall be responsible for issuing an amended advertisement and shall bear joint and several liability
for the losses incurred by users and consumers.

   Article 28. If the provisions of Article 13 of the Regulations are violated through the illegal display or posting of advertisements, any illegal
earnings shall be confiscated, a fine of up to 5,000 yuan shall be imposed and a time limit shall be specified for the dismantling
and removal of the offending advertisements. In the event of failure to dismantle and remove such an advertisement within the specified
time limit, the dismantling and removal of the advertisement shall be enforced, with the costs being borne by the party which displayed
or posted the advertisement.

   Article 29. If the provisions of Articles 14 or 15 of the Regulations are violated, an order may be issued to rectify the situation within a
specified time limit, any illegal earnings confiscated and a fine of up to 5,000 yuan imposed, depending on the seriousness of the
case.

   Article 30. If a foreign enterprise or the resident representative office of a foreign enterprise violates any of the provisions of the Regulations,
the administration for industry and commerce of the relevant province, autonomous region or directly administered municipality shall,
with reference to the provisions of these Detailed Implementing Rules, suggest a means of dealing with the matter. Such a proposal
shall be implemented subject to its approval by the State Administration for Industry and Commerce.

   Article 31. The State Administration for Industry and Commerce shall be responsible for interpreting these Detailed Implementing Rules.

   Article 32. These Detailed Implementing Rules shall take effect from the date of promulgation.

    






SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF CATCHING OR KILLING PRECIOUS AND ENDANGERED SPECIES OF WILDLIFE UNDER SPECIAL STATE PROTECTION

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Invalidated
Date of Promulgation  1988-11-08 Effective Date  1988-11-08 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 Catching
or Killing Precious and Endangered Species of Wildlife under Special State Protection

(Adopted at the Fourth Meeting of the Standing Committee of the Seventh

National People’s Congress and promulgated for enforcement by Order No.10 of
the President of the People’s Republic of China on November 8, 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)

    For the purpose of strengthening the protection of precious and endangered
species of wildlife under special state protection, the Fourth Meeting of the
Standing Committee of the Seventh National People’s Congress has decided to
make supplementary provisions to the Criminal Law: Anyone who illegally
catches or kills precious and endangered species of wildlife under special
state protection shall be sentenced to fixed-term imprisonment of not more
than seven years or criminal detention, may concurrently or exclusively be
fined; anyone who sells or resells or smuggles precious and endangered species
of wildlife under special state protection shall be punished for crimes of
speculation or smuggling.






PROVISIONS OF THE STATE COUNCIL CONCERNING THE ENCOURAGEMENT OF INVESTMENTS BY COMPATRIOTS FROM TAIWAN

Category  LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1988-07-03 Effective Date  1988-07-03  


Provisions of the State Council Concerning the Encouragement of Investments by Compatriots From Taiwan



(Adopted by the Tenth Executive Meeting of the State Council on June 25,

1988, promulgated by Decree No. 7 of the State Council of the People’s
Republic of China on July 3, 1988, and effective as of the date of
promulgation)

    Article 1  These Provisions are formulated in order to promote economic
and technological exchanges between China’s mainland and the region of Taiwan,
thereby boosting common prosperity of the two parts of the motherland on both
sides of the Straits, and to encourage companies, enterprises and individuals
on Taiwan (hereinafter referred to as “investors from Taiwan”) to make
investments on China’s mainland.

    Article 2  Investors from Taiwan may make investments in all provinces,
autonomous regions, municipalities directly under the Central Government, and
special economic zones on China’s mainland.

    Investors from Taiwan are encouraged to engage themselves in land
development operations in Hainan Province and on the designated islands and in
areas along the coastal regions of the Provinces of Fujian, Guangdong and
Zhejiang.

    Article 3  The investments made by investors from Taiwan on China’s
mainland may take the following forms:

    (1) to establish enterprises with the capital wholly owned by investors
from Taiwan;

    (2) to establish equity or contractual joint ventures;

    (3) to carry out compensation trade, to process supplied materials, to
assemble supplied parts, and to carry out contractual production;

    (4) to purchase shares and various kinds of bonds and debentures of
existing enterprises;

    (5) to purchase real estate;

    (6) to obtain land use right according to law and to engage in land
development operations; and

    (7) to adopt other forms of investment permitted under the laws and
regulations.

    Article 4  Investors from Taiwan may make investments in various trades in
China’s mainland: industries, agriculture, service trades, and other trades
that are in conformity with the orientation of social and economic
development. Investors from Taiwan may select investment projects from the
lists of projects published by the departments concerned under various local
people’s governments; they may also put forward, of their own accord,
proposals as to their investment intent and file their applications to the
departments of foreign economic relations and trade or to the examining and
approving organs designated by various local people’s governments in areas
where they intend to make investments.

    The State encourages investors from Taiwan to make investments in the
establishment of export oriented enterprises and of technological advanced
enterprises and gives corresponding preferential treatment to such enterprises.

    Article 5  With respect to the various types of enterprises established
with investments by investors from Taiwan – enterprises with the capital
wholly owned by investors from Taiwan, equity and contractual joint ventures
(hereinafter referred to as “enterprises with investments by compatriots from
Taiwan”), they shall all be operated in accordance with these Provisions; in
addition to this, they may also enjoy the corresponding preferential treatment
as enjoyed by enterprises with foreign investments with reference to the
relevant provisions in foreign-related economic laws, decrees and regulations
of the state.

    With respect to the other forms of investment made by investors from
Taiwan on China’s mainland, and with respect to those investors from Taiwan
who have not set up business offices on the mainland, but have dividends,
interest, rental, royalties and other incomes that come from China’s mainland,
in addition to the application of these Provisions, reference shall be made to
the relevant foreign-related economic law, decrees and regulations.

    Article 6  Investors from Taiwan may make investments by using freely
convertible currencies, machinery and equipment or other physical goods,
industrial property right, and proprietary technology.

    Article 7  The investments made on China’s mainland by investors from
Taiwan, the assets they have purchased, their industrial property rights,
their profits from investments, and other lawful rights and interests shall be
protected by state laws, and may be transferred or inherited according to law.

    Investors from Taiwan shall, in their activities on China’s mainland,
abide by state laws, decrees and regulations.

    Article 8  The state shall not nationalize the investments made by
investors from Taiwan or other assets belonging to them.

    Article 9  Where the state, in light of the needs of social and public
interest, has to requisition the enterprises with investments by compatriots
from Taiwan, the State shall handle the requisitioning according to the legal
procedures and the investors concerned shall be duly compensated.

    Article 10  The lawful profits gained by the investors from Taiwan from
their investments, their other lawful income and the funds after liquidation
may be remitted out of China’s mainland according to law.

    Article 11  Machinery and equipment imported to meet the needs of the
enterprises with investments by compatriots from Taiwan and included in the
total amount of investment, the motor vehicles for use in production, the
office equipment, as well as the articles and means of communications for
personal use and within reasonable quantities, imported by individual
compatriots from Taiwan during the period when they work in the aforesaid
enterprises shall be exempted from Customs duties and consolidated industrial
and commercial tax, and also from application of import licences.

    The raw and processed materials, fuels, bulk parts, spare and component
parts, primary parts, and fittings, which are imported by the enterprises with
investments by compatriots from Taiwan for the production of export
commodities, shall all be exempted from Customs duties and consolidated
industrial and commercial tax and also from obtaining import licences, and
placed under the supervision of the Customs. In case that the aforesaid
imported raw materials and parts are used for the production of commodities to
be sold on the market of China’s mainland, it is imperative to make up the
procedures for importation and to pay taxes and duties according to the
regulations.

    The export commodities produced by the enterprises with investments by
compatriots from Taiwan shall, with the exception of those commodities the
export of which is under restriction by the state, be exempted from Customs
duties on export goods and consolidated industrial and commercial tax.

    Article 12  Enterprises with investments by compatriots from Taiwan may
obtain loans from financial institutions of China’s mainland; they may also
obtain loans from financial institutions outside China’s mainland, and may use
their assets as well as their rights and interests as mortgage or security.

    Article 13  With respect to the enterprises with the capital wholly owned
by investors from Taiwan, their period of operation shall be determined by the
investors themselves; as to equity and contractual joint ventures their period
of operation shall be determined, through consultation, by the various parties
to the ventures, they may also choose not to stipulate a period of operation.

    Article 14  The composition of the board of directors of equity joint ]
ventures and the appointment of the chairman of the board of directors, the
composition of the board of directors or of the joint managerial organs of
contractual joint ventures and the appointment of the chairman or the
appointment of the director of the joint managerial organs, shall be
determined, through consultation, by the various parties to the equity or
contractual joint ventures in light of the proportion of investments or the
terms of contract.

    Article 15  Enterprises with investments by compatriots from Taiwan shall
conduct their operational and managerial activities in accordance with the
approved contract or articles of association. The enterprises’ decision-making
power for business operations and management shall not be interfered with.

    Article 16  The technical and managerial personnel, engaged by individuals
and enterprises investing on China’s mainland may apply and obtain
multiple-journey travel documents.

    Article 17  The investors from Taiwan, who make investments on China’s
mainland, may appoint their relatives or friends residing on the mainland as
their agents. The agents should hold legally effective letters of authority.

    Article 18  In areas where enterprises with investments by compatriots
from Taiwan are concentrated, the investors from Taiwan may apply to the local
people’s government for the establishment of the association of investors from
Taiwan.

    Article 19  With respect to equity and contractual joint ventures to be
established, on China’s mainland, with investments by investors from Taiwan,
the application for the establishment of the aforesaid enterprises shall be
filed by the mainland party; as to the enterprises to be established with
capital wholly owned by investors from Taiwan, the application shall be filed
directly by the investors from Taiwan themselves, or they may entrust their
relatives or friends residing on the mainland, or entrust the institution
providing advisory services, with the application. The applications for the
establishment of enterprises with investments by investors from Taiwan shall
be accepted and handled, in a unified manner, by the local department for
foreign economic relations and trade, or by the examining and approving organs
designated by the local people’s government.

    Cases concerning the examination and approval of the application for the
establishment of enterprises with investments by compatriots from Taiwan shall
be handled in accordance with the authority prescribed by the State Council.
Departments for foreign economic relations and trade at various levels or the
examining and approving organs designated by the local people’s government
shall, within forty-five days of receipt of complete application documents,
make the decision on whether the said application is approved or disapproved.

    The applicants shall, within thirty days of receipt of the written
approval, file an application to the department for the administration of
industry and commerce, and, in accordance with the relevant procedures for
registration and administration, go through procedures for registration and
obtain business licences.

    Article 20  With respect to the investors from Taiwan who have made
investments in China’s mainland, in case that a dispute arises during the
execution of, or in connection with, a contract, the parties concerned shall
try their best to settle the dispute through consultation or mediations.

    Where the parties concerned are unwilling to settle the dispute through
consultation or mediation, or the consultation or mediation has failed, the
parties concerned may, in accordance with the stipulation of the arbitration
articles in the contract, or in accordance with the written arbitration
agreement reached by the parties concerned after the dispute has arisen,
submit their dispute to the arbitration authorities on China’s mainland or in
Hong Kong for settlement.

    In the event that the parties concerned did not include an arbitration
article in their contract, and no written arbitration agreement has been
reached after the dispute has arisen, then the dispute may be brought before
the people’s court.

    Article 21  The right to interpret these Provisions resides in the
Ministry of Foreign Economic Relations and Trade.

    Article 22  These Provisions shall go into effect as of the date of
promulgation.






DETAILED RULES FOR THE IMPLEMENTION OF THE TRADEMARK LAW






Detailed Rules for the Implemention of the Trademark Law of the PRC

    

(Effective Date 1988.01.13)

CONTENTS

CHAPTER I GENERAL PRINCIPLES

CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION

CHAPTER III EXAMINATION OF TRADEMARK REGISTRATION

CHAPTER IV MODIFICATION, ASSIGNMENT AND RENEWAL OF REGISTERED

TRADEMARKS AND ADJUDICATION OF DISPUTES

CHAPTER V CONTROL OF THE USE OF TRADEMARKS

CHAPTER VI PROTECTION OF THE EXCLUSIVE RIGHT TO USE REGISTERED

TRADEMARKS

CHAPTER VII SUPPLEMENTARY PRINCIPLES

CHAPTER I GENERAL PRINCIPLES

   Article 1. These Detailed Implementing Rules are formulated in accordance with the provisions of Article 42 of the Trademark
Law of the People’s Republic of China (hereinafter referred to as the Trademark Law).

   Article 2. An applicant for trademark registration shall be a legally registered enterprise or individual industrial or commercial
household operation which is able to bear its civil liabilities independently, a public institution with corporate
capacity or a foreigner or foreign enterprise which complies with the provisions of Article 9 of the Trademark Law.

   Article 3. An application for a matter such as registering a trademark, assigning registration, renewing registration, modifying registration
of a person’s name or address or the reissue of a trademark certificate shall be verified and passed on by
the applicant’s local administration for industry and commerce at county level or above (hereinafter referred to as
the verification and transfer organ) or an organisation authorised by the State Administration for Industry and
Commerce shall act as agent.

If a foreigner or a foreign enterprise applies to register a trademark in China or requires to carry out
other matters concerning trademarks, an organisation designated by the State Administration for Industry and Commerce
shall act as agent.

   Article 4. Fees shall be paid in accordance with regulations when applications are made for matters such as registering
a trademark, assigning registration, renewing registration, modification, reissue or evaluation and examination.

   Article 5. The Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as
the Trademark Office) shall establish a Register of trade in which it shall record registered trademarks and other
matters concerning trademarks.

The Trademark Office shall design and arrange the printing and issue of Trademark Notices Which shall carry
information on registered trademarks and other relevant matters.

   Article 6. Names of administrative areas at county level and above and foreign place names with which the public are familiar
shall not be permitted to be used as trademarks.

A trademark using a name such as those outlined in the preceding paragraph which has already been verified, approved
and registered shall continue to valid.

   Article 7. Pharmaceuticals for human use and tobacco products listed by the State and publicly announced by the State Administration
for Industry and Commerce shall be required to use a registered trademark.

Other products stipulated by the State as requiring a registered trademark shall be publicly announced by the State
Administration for Industry and Commerce.

   Article 8. The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Board which
shall evaluate and examine matters in accordance with the provisions of Articles 21, 22, 27 and 35 of the Trademark
Law and Article 23 of these Detailed Implementing Rules and shall make final decisions and provide adjudication.

CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION

   Article 9. When applying for trademark registration, applications shall be filed in accordance with the item category as
prescribed in the commodity classification table. Each application for the registration of a trademark submitted
to the Trademark Office shall include one copy of an Application for Trademark Registration, 10 copies of the
design of the trademark (if a coloured trademark with specified colours, 10 copies of colour designs of the
trademark shall be included) and one black and white ink draft.

The trademark design shall be distinct and easy to stick on, shall be printed on smooth, clean and durable
paper or be substituted by a photograph and its length and width shall not exceed 10 cm or be less than 5 cm.

   Article 10. A fountain pen, in or a typewriter shall be used to complete applications for trademark registration and other
related documents and writing shall be neat and clear.

The name and seal of the trademark registration applicant shall the same as that which has been verified and approved
or registered. Items submitted shall not exceed the verified and approved or registered scope of operations of
the applicant. The name of a commodity shall be filled in in accordance with the commodity classification table.
If the name of a commodity has yet to be entered in the commodity classification table, a description of the item
shall be attached.

   Article 11. If applying to register a trademark for a pharmaceutical for human use, a licence to produce pharmaceuticals or a
licence to deal in pharmaceuticals which has been issued by a public health administrative department shall be attached.

If applying to register a trademark for cigarettes, cigars or packaged pipe tobacco, a certificate issued by the
State organ in charge of tobacco authorising its production shall be attached.

If applying to register a trademark for any other item which requires a registered trademark in accordance with State
regulations, a certificate of approval from the relevant department in charge shall be attached.

   Article 12. The date of application for the registration of a trademark shall be the date on which the Trademark Office receives the
application. An application number shall be issued if application procedures are fulfilled and the application
form is completed in accordance with regulations. If application procedures are not fulfilled or the application
form is not completed in accordance with regulations, the form shall be returned and no date of application shall be retained.

   Article 13. If two or more applicants apply to register identical or similar trademarks for the same or a similar item on the
same day, each applicant shall send proof of the date of first use of the trademark to the Trademark Office within the
time limit stipulated by the Office in its letter of notification. If usage began on the same day or if yet to be used,
the parties shall meet for discussion. If this consultation exceeds 30 days without resulting in an agreement, the Trademark
Office shall make a ruling.

   Article 14. when a foreigner or a foreign enterprise applies to register a trademark or to handle another matter concerning a
trademark, it shall complete the relevant forms in Chinese and shall provide its agent with a power of attorney.
The power of attorney shall stipulate the scope of delegated authority and the nationality of the agent.

Notarisation and authentication procedures for a power of attorney or other relevant certificates shall be handled in accordance
with the principle of reciprocity. Documents in a foreign language shall have a Chinese translation attached.

   Article 15. The Trademark Office shall accept and hear cases requesting priority handling of trademark registration. Detailed procedures
shall be handled in accordance with regulations promulgated by the State Administration for Industry and Commerce.

CHAPTER III EXAMINATION OF TRADEMARK REGISTRATION

   Article 16. The Trademark Office shall examine applications which have been issued with an application number and those trademarks
which pass preliminary examination and approval shall be reported in a Trademark Notice. If an application is rejected,
the applicant shall be sent a rejection notice and a copy of this notice shall be sent to the verification and
transfer organ.

   Article 17. If an applicant requests a review of a refused application, it shall lodge an Application for a Review of a Refused Trademark
with the Trademark Review and Adjudication Board within 15 days of receiving the rejection notice and, at the same
time, shall attach the original Application for Trademark Registration, 10 copies of the original trademark design,
one copy of a black and white ink draft and the rejection notice. A copy of the Application for a review of a Refused
Trademark shall be sent to the verification and transfer organ.

The Trademark Review and Adjudication Board shall issue written notification of its final decision to the
applicant and a copy of the notice shall be sent to the verification and transfer organ. If the final decision is in
favour of passing the preliminary examination and approval of a trademark, the matter shall be transferred to the Trademark
Office for handling.

   Article 18. If there is an objection to a trademark which has been publicly announced by the Trademark Office following
preliminary examination and approval, the dissenting party shall send two copies of its letter of dissension to the Trademark
Office. The letter shall state clearly the date of the Trademark Notice which reported the trademark in question,
the page number and its preliminary examination and approval number. The Trademark Office shall prescribe a time
for the applicant to respond to the letter of dissension and shall make a ruling based on the facts and reasons provided
by the parties concerned.If no response is given within the time prescribed, the Trademark Office shall make a ruling.

The trademark Office shall notify the parties concerned of its ruling on the dispute and shall send a copy of the
notice to the verification and transfer organ.

   Article 19. A party dissatisfied with the ruling of the Trademark Office on a dispute shall send two copies of an Application for
a Review of a Trademark Dispute to the Trademark Review and Adjudication Board within 15 days of receiving notification
of the ruling on the trademark dispute, and shall also send a copy of the Application to the verification and transfer
organ.

The Trademark Review and Adjudication Board shall issue written notification of its final decision to the parties
concerned, shall send a copy to the verification and transfer organ and shall transfer the matter to the Trademark Office
for handling.

CHAPTER IV MODIFICATION, ASSIGNMENT AND RENEWAL OF REGISTERED TRADEMARKS AND ADJUDICATION OF DISPUTES

   Article 20. If applying to modify the name of a trademark registrant, an Application to Modify the Name of a Trademark Registrant
and certification of the modification shall be sent to the Trademark Office and the original Trademark Registration
Certificate shall be returned. After verification and approval by the Trademark Office, the original Trademark Registration
Certificate, with approval of modification noted on it, shall be returned to the applicant and a public announcement shall
be made.

If applying to modify the address of a trademark registrant or other registered items, an Application to Modify
the Address of a Trademark Registrant or an application to Modify Other Registered Items Pertaining to a Trademark,
together with certification of the modification, shall be sent to the Trademark Office and the original Trademark Registration
Certificate shall be returned. After verification and approval by the Trademark Office, the original Trademark
Registration Certificate, with approval of modification noted on it, shall be returned to the applicant
and a public announcement shall be made.

If modification is to be made to the name or address of a trademark registrant, the registrant shall modify
all of its registered trademarks at the one time.

   Article 21. If applying to assign a registered trademark, an Application to Assign a Registered Trademark shall be sent
to the Trademark Office and the original Trademark Registration Certificate shall be returned. The verification
and transfer organ in the local district of the transferee shall handle matters of verification and transfer. A transferee
shall meet the requirements of Article 2 of these Detailed Implementing Rules. After verification and approval
by the Trademark Office, the original Trademark Registration Certificate, with approval of assignment noted
on it, shall be issued to the assignee and a public announcement shall be made.

If a registered trademark is to be assigned, the trademark registrant shall assign all identical or similar trademarks
for the same or similar goods at the one time. If a trademark for a commodity such as those prescribed in Article
7 of these Detailed Implementing Rules is assigned, the assignee shall provide a certificate from the relevant department
in accordance with the provisions of Article 11 of these Detailed Implementing Rules.

   Article 22. If applying to renew the registration of a trademark, an Application to Renew a Registered Trademark and five
copies of the trademark design shall be sent to the Trademark Office and the Trademark Registration Certificate
shall be returned. After verification and approval by the Trademark Office, the original Trademark Registration Certificate,
with approval of renewal noted on it, shall be returned to the applicant and a public announcement shall be made.

   Article 23. If an applicant disputes the decision of the Trademark Office to reject an application to assign or renew registration
of a trademark, it shall lodge an Application for a Review of an Assignment Rejection or an Application for a Review
of a Renewal rejection with the Trademark Review and Adjudication board within 15 days of receiving the rejection
notice and, at the same time, shall attach the original Application to Assign a Registered Trademark or the
Application to Renew a Registered Trademark and the rejection notice.

The Trademark Review and Adjudication Board shall issue written notification of its final decision to the applicant
and send a copy of the notice to the verification and transfer organ. If the final decision is in favour of the
assignment or renewal of trademark registration, the matter shall be transferred to the Trademark Office for handling.

   Article 24. If a trademark registrant disputes a trademark already registered by another party, it shall lodge two copies of an
Application for Adjudication of a Trademark Dispute with the Trademark Review and Adjudication Board within one
year of the date of publication of the trademark registration.

If the Trademark Review and Adjudication Board rules in favour of cancelling the disputed trademark, the
matter shall be transferred to the Trademark Office for handling, a public announcement shall be made and a copy
of the decision shall be sent to the verification and transfer organ. The party which had the dispute brought against
it shall, within 15 days of receiving notice of the final ruling on the trademark dispute, hand the original Trademark
Registration Certificate to the local verification and transfer organ for its subsequent transfer to the Trademark Office.

   Article 25. Any party which believes that an improper trademark has been registered may lodge an Application for Adjudication
on the Cancellation of the Registration of an Improper Trademark, except in a case where a ruling on a dispute has already
been made.

If the Trademark Review and Adjudication Board rules in favour of cancelling a disputed trademark, the
matter shall be transferred to the Trademark Office for handling, a public announcement shall be made and a copy
of the decision shall be sent to the verification and transfer organ. The original trademark registrant shall,
within 15 days of receiving notice of the cancellation ruling, hand the original Trademark Registration Certificate
to the local verification and transfer organ for its subsequent transfer to the Trademark Office.

CHAPTER V CONTROL OF THE USE OF TRADEMARKS

   Article 26. If a registered trademarks is used, the characters Registered Trademark or the symbol for registration or (R) shall
be marked. If it is unsuitable to mark a product itself, the registered trademark shall be noted on its packaging,
in is instruction booklet or on other attachments.

   Article 27. If a Trademark Registration Certificate is lost or damaged, an application shall be made for it to be reissued. The applicant
shall lodge an Application for the Reissue if a Trademark Certificate and five copies of the trademark design
to the Trademark Office. If the Trademark Registration Certificate has been lost, a lost property notice shall be placed
in a newspaper issued at provincial level or above and a copy of the newspaper shall be sent to the trademark Office.
If the Trademark Registration Certificate has been damaged, it shall be sent to the Trademark Office.

   Article 28. If any of the acts referred to in items (1), (2) or (3) of Article 30 of the Trademark Law occur, the administration for industry
and commerce shall notify the trademark registrant to rectify the matter within a stipulated period. If the registrant refuses
to rectify the situation, the administration for industry and commerce in the local district of the registrant shall request
the Trademark Office to cancel the registered trademark.

   Article 29. Any person may apply to the Trademark Office for the registration of a trademark to be cancelled if the provisions
of item (4) of Article 30 of the Trademark Law apply. The Trademark Office shall notify the trademark registrant to provide,
within a specified period, proof of use of its trademark. If proof of use is not provided within the specified period or
if it is not valid, the Trademark Office shall cancel the registered trademark.

Use of a trademark as referred to in the preceding paragraph shall include use in advertising or exhibitions.

   Article 30. The restrictions of the provisions of Article 32 of the Trademark Law shall not apply to an application to register,
for an identical or similar commodity, a trademark which is identical with or similar to one which is cancelled
in accordance with the provisions of Article 29 of these Detailed Implementing Rules.

   Article 31. In a case where the provisions of Article 31 and item (3) of Article 34 of the Trademark Law apply, the administration
for industry and commerce shall order the matter to be rectified in a stipulated period. In a serious case, it shall
order self-criticism to be undertaken, circulate a notice of criticism and impose a fine of up to 20% of
the amount made through the illegal operations or up to two times the illegal profit. Goods which are poisonous or
harmful and which are without a use value shall be destroyed by melting or burning. If a registered trademark has been
used, it shall be cancelled in accordance with the provisions prescribed in the Trademark Law.

   Article 32. In a case where the provisions of items (1) or (2) Article 34 of the Trademark Law or Article 6 of these Detailed Implementing
Rules apply, the administration for industry and commerce shall prohibit the goods from being advertised and shall
seal up for safekeeping or take custody of the trademark symbol, order the matter to be rectified in a specified
period and, depending on the seriousness of the case, may circulate a notice of criticism and impose
a fine of up to 20% of the amount made through the illegal operations.

   Article 33. In a case where the provisions of Article 5 of the Trademark Law are violated, the administration for industry and
commerce shall prohibit the sale and advertising of the goods in question, shall seal up for safekeeping or take
custody of the trademark symbol and, depending on the seriousness of the case, may impose a fine of up to 10% of the
amount made through the illegal operations.

   Article 34. No person shall be permitted to illegally print, make, purchase or sell trademark symbols.

If the provisions of the preceding paragraph are violated, the administration for industry and commerce shall
halt the activity, take custody of any trademark symbols and, depending on the seriousness of the case, may issue
a fine of up to 20% of the amount made through the illegal operations. If a party is selling symbols of its own registered
trademark, the Trademark Office may also cancel its registered trademark. If the case involves violation of the exclusive
right to use a registered trademark, the matter shall be handled in accordance with the provisions of Article 43 of these
Detailed Implementing Rules.

   Article 35. If a trademark registrant permits another party to use its registered trademark, a trademark usage licence agreement shall
be signed. The licensor shall send, within a stipulated period, a copy of the licence agreement to its local administration
for industry and commerce at county level for reference filing. This organ shall then report details of the matter to
the Trademark Office for its records.

If the provisions of the preceding paragraph are violated, the administration for industry and commerce shall
order the matter to be rectified within a stipulated period. If the parties concerned refuse to rectify the matter,the
licensor’s local administration for industry and commerce shall ask the Trademark Office to cancel the registered
trademark and shall take custody of the trademark symbols of the licensee.

   Article 36. If a trademark registrant permits another party to use its registered trademark, the licensee shall meet the requirements
prescribed in Article 2 of these Detailed Implementing Rules.

If a party with permission to use a trademark requires to use it on a commodity such as those prescribed in
Article 7 of these Detailed Implementing Rules, the licensee shall attach a certificate from the relevant department,
in accordance with Article 11 of these Detailed Implementing Rules, when sending a copy of the licence agreement
for reference filing.

   Article 37. If the Trademark Office makes a decision to cancel a trademark registration in accordance with the provisions of Article
30 or 31 of the Trademark Law or Articles 34 or 35 of these Detailed Implementing Rules, written notification shall be
sent to the trademark registrant and, at the same time, a copy of the notice shall be sent to the original verification
and transfer organ. This organ shall take custody of the Trademark Registration Certificate and shall return it to
the Trademark Office.

Trademarks which are revoked or cancelled by the Trademark Office shall be announced publicly.

   Article 38. If a trademark registrant applies to cancel its registered trademark, it shall lodge an Application to Cancel a Trademark
with the Trademark Office and shall return its original Trademark Registration Certificate.

   Article 39. If a trademark registrant disagrees with the decision of the Trademark Office to revoke its registered trademark, it
shall lodge an Application to Review the Revoking of a Trademark to the Trademark Review and Adjudication Board within
15 days of receiving notice of the revocation ruling.

The Trademark Review and Adjudication Board shall issue written notification of its final decision to
the trademark registrant and shall also send a copy of the notice to the original verification and transfer organ.
If the final decision rescinds the revocation ruling, the matter shall be transferred to the Trademark Office for handling.

   Article 40. If a party disagrees with a decision relating to the handling of a case (except a decision to revoke a trademark registration)as
made by the administration for industry and commerce in accordance with the provision of Articles 31, 33, 34 or 35 of these
Detailed Implementing Rules, the Party concerned, within 15 days of receiving such notification,may apply to
a higher level administration for industry and commerce for a review. The higher level administration for industry
and commerce shall issue a decision on the review within 45 days of receiving the review application. If a
party disagrees with the fine imposed by a higher level administration for industry and commerce in its review decision
made in accordance with the provisions of Articles 31, 32, 33 or 34 of these Detailed Implementing Rules, the
party concerned may file a suit in the People’s Court within 15 days of receiving notification of the review decision.
If the party fails to initiate legal proceedings and fails to comply with the decision within the time prescribed,
the administration for industry and commerce shall apply to the People’s Court for enforcement.

CHAPTER VI PROTECTION OF THE EXCLUSIVE RIGHT TO USE REGISTERED TRADEMARKS

   Article 41. Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark as referred
to in item (3) of Article 38 of the Trademark Law:

(1) Dealing in goods which infringe on the exclusive right of another party to use a registered trademark;

(2) Using, as the name or decoration on a commodity, a script or pattern which is identical or similar to the registered
trademark of another party which uses it on the same or similar goods, with the similarity being sufficient to cause
mistaken identity;

(3) Deliberately providing convenience in areas such as storage, transport, postage and concealment in order to allow
the infringement of the exclusive right of another party to use a registered trademark.

   Article 42. In the case of an act infringing on the exclusive right to use a registered trademark, any person may report to the administration
of industry and commerce at county level or above in the district of the infringer or the district where the act
of infringement has occurred in order to lodge a complaint or to inform against an offender. The infringed may also directly
file a suit in the People’s Court.

   Article 43. In the case of an act infringing on the exclusive right to use a registered trademark, the administration for industry
and commerce shall order the immediate halting of the activity, seal up for safekeeping or take custody of the trademark
symbols, order the removal of the trademark from existing goods and packaging and order that the infringed is compensated
for any economic losses incurred. A notice of criticism may be circulated and a fine of up to 20% of the amount made
in the illegal operations or up to two times the profit gained through the infringement may be imposed, depending on the seriousness
of the case.

   Article 44. If a party disagrees with a decision on the handling of a case as made by the administration for industry and commerce
in accordance with the provisions of the preceding Article, the party concerned, within 15 days of receiving notice
of the decision, may lodge an application with a higher level administration for industry and commerce for
a review. The higher level administration for industry and commerce shall issue a decision on the review within
45 days of receiving the review application. If a party disagrees with the review decision of the higher level
administration for industry and commerce, it may file a suit in the People’s Court within 15 days of receiving
notification of the review decision. If the party fails to initiate legal proceedings and fails to comply with the decision
within the time prescribed, the administration for industry an

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF DIVULGING STATE SECRETS

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Invalidated
Date of Promulgation  1988-09-05 Effective Date  1988-09-05 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 Divulging
State Secrets

(Adopted at the Third Meeting of the Standing Committee of the Seventh

National People’s Congress and promulgated by Order No.7 of the President of
the People’s Republic of China on September 5, 1988, and effective as of the
same date)(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)

    The Third Meeting of the Standing Committee of the Seventh National
People’s Congress has decided to make supplementary provisions to the Criminal
Law: Persons who steal, spy on, buy or illegally provide state secrets for
institutions, organizations and people outside the country shall be sentenced
to fixed-term imprisonment of not less than five years and not more than ten
years; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than five years, criminal
detention or deprivation of political rights; if the circumstances are
especially serious, the offender shall be sentenced to fixed-term imprisonment
of not less than ten years, life imprisonment or the death penalty and shall
be deprived of political rights concurrently.






REGULATIONS OF THE STATE COUNCIL FOR ENCOURAGEMENT OF INVESTMENT BY TAIWAN COMPATRIOTS

STANDARDIZATION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.11

The Standardization Law of the People’s Republic of China which has been adopted at the Fifth Meeting of the Standing Committee of
the Seventh National People’s Congress on December 29, 1988 is promulgated now, and shall enter into force as of April 1, 1989.

President of the People’s Republic of China: Yang Shangkun

December 29, 1988

Standardization Law of the People’s Republic of China ContentsChapter I General Provisions

Chapter II Formulation of Standards

Chapter III Implementation of Standards

Chapter IV Legal Responsibility

Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated with a view to developing the socialist commodity economy, promoting technical progress, improving product
quality, increasing social and economic benefits, safeguarding the interests of the State and the people and suiting standardization
to the needs in socialist modernization and in the development of economic relations with foreign countries.

Article 2

Standards shall be formulated for the following technical requirements that need to be unified:

(1)

the varieties, specifications, quality and grades of industrial products as well as the safety and sanitary requirements for them;

(2)

the design, production, inspection, packing, storage, transportation and methods of operation of industrial products as well as the
safety and sanitary requirements for them in the process of production, storage and transportation;

(3)

technical requirements and testing methods related to environmental protection;

(4)

the designs, construction procedure and safety requirements for construction projects; and

(5)

technical terms, symbols, code names and drawing methods related to industrial production, project construction and environmental
protection.

Major agricultural products and other items that need to be standardized shall be designated by the State Council.

Article 3

The tasks of standardization shall include the formulation of standards and organization of and supervision over the implementation
of the standards.

Standardization shall be incorporated in the plan for national economic and social development.

Article 4

The State shall encourage the active adoption of international standards.

Article 5

The department of standardization administration under the State Council shall be in charge of the unified administration of standardization
throughout the country. Competent administrative authorities under the State Council shall, in line with their respective functions,
be in charge of standardization in their respective departments and trades.

The departments of standardization administration of provinces, autonomous regions and municipalities directly under the Central Government
shall be in charge of the unified administration of standardization within their respective administrative areas. Competent administrative
authorities under the governments of provinces, autonomous regions and municipalities directly under the Central Government shall,
in line with their respective functions, be in charge of standardization in their respective departments and trades within their
respective administrative areas.

The standardization administration departments and the competent administrative authorities of cities and counties shall, in line
with their respective functions as assigned by the governments of provinces, autonomous regions and municipalities directly under
the Central Government, be in charge of standardization within their respective administrative areas.

Chapter II Formulation of Standards

Article 6

National standards shall be formulated for the technical requirements that need to be unified nationwide. National standards shall
be formulated by the department of standardization administration under the State Council. Where, in the absence of national standards,
technical requirements for a certain trade need to be unified, trade standards may be formulated. Trade standards shall be formulated
by competent administrative authorities under the State Council and reported to the department of standardization administration
under the State Council for the record, and shall be annulled on publication of the national standards. Where, in the absence of
both national and trade standards, safety and sanitary requirements for industrial products need to be unified within a province,
an autonomous region or a municipality directly, under the Central Government, local standards may be formulated. Local standards
shall be formulated by departments of standardization administration of provinces, autonomous regions and municipalities directly
under the Central Government and reported to the department of standardization administration and the competent administrative authorities
under the State Council for the record, and shall be annulled on publication of the national or trade standards.

Where, in the absence of both national and trade standards for products manufactured by an enterprise, standards for the enterprise
shall be formulated to serve as the criteria for the organization of production. An enterprise’s standards for its products shall
be reported to the standardization administration department and the competent administrative authorities under the local government
for the record. Where national or trade standards have been formulated, the State shall encourage enterprises to formulate their
enterprise standards, which are more stringent than the national or trade standards, to be used in these enterprises.

Where the formulation of standards is otherwise provided for by law, such legal provisions shall be complied with.

Article 7

National standards and trade standards shall be classified into compulsory standards and voluntary standards. Those for safeguarding
human health and ensuring the safety of the person and of property and those for compulsory execution as prescribed by the laws and
administrative rules and regulations shall be compulsory standards, the others shall be voluntary standards.

The local standards formulated by standardization administration departments of provinces, autonomous regions and municipalities directly
under the Central Government for the safety and sanitary requirements of industrial products shall be compulsory standards within
their respective administrative area.

Article 8

The formulation of standards shall be conducive to ensuring safety and the people’s health, safeguarding consumer interests and protecting
the environment.

Article 9

The standards to be formulated shall be conducive to a rational use of the country’s resources, a wider utilization of scientific
and technological gains and the enhancement of economic returns, conform to operation instructions, increase the universality and
interchangeability of products, and be technologically advanced and economically rational.

Article 10

The standards to be formulated shall be coordinated with and supported by related standards.

Article 11

The standards to be formulated shall help promote economic and technological cooperation with foreign countries and foreign trade.

Article 12

The roles of trade associations, scientific research institutions and academic organizations shall be brought into play in the formulation
of standards.

A department engaged in the formulation of standards shall organize a committee on standardization technology composed of specialists,
which shall be responsible for the drafting of the standards and shall participate in the examination of the draft standards.

Article 13

After the standards come into force, the department that formulated them shall, in the light of scientific and technological developments
and the needs in economic construction, make timely reviews of the current standards to determine if they are to remain effective
or are to be revised or annulled.

Chapter III Implementation of Standards

Article 14

Compulsory standards must be complied with. It shall be prohibited to produce, sell or import products that are not up to the compulsory
standards. With regard to voluntary standards, the State shall encourage their adoption by enterprises on an optional basis.

Article 15

With respect to products for which national or trade standards have been formulated enterprises may apply to the standardization administration
department under the State Council or agencies authorized by the same department for product quality authentication. For products
which are authenticated to conform to the standards, certificates shall be issued by the department that made the authentication
and the use of the prescribed authentication marks shall be permitted on such products and the packing thereof.

If products for which authentication certificates have been granted do not conform to national or trade standards, or if products
have not undergone authentication or found not up to the standards after the authentication proceedings, no authentic marks shall
be permitted for use on such products leaving factories for sale.

Article 16

Technical requirements for export products shall comply with contractual provisions.

Article 17

The development of new products, improvement of products or technical renovation by an enterprise shall conform to standardization
requirements.

Article 18

Departments of standardization administration under governments at or above the county level shall be responsible for supervision
over and inspection of the implementation of the standards.

Article 19

Departments of standardization administration under governments at or above the county level may, in accordance with needs, establish
inspection organizations or authorize inspection organizations of other units to examine whether products conform to the standards.
Where the laws and administrative rules and regulations provide otherwise on inspection organizations, such provisions shall apply.

Disputes over whether a product conforms to the standards shall be handled in accordance with the inspection data provided by the
inspection organizations as specified in the preceding paragraph.

Chapter IV Legal Responsibility

Article 20

Whoever produces, sells or imports products that do not conform to the compulsory standards shall be dealt with according to law by
the competent administrative authorities as prescribed by the laws and administrative rules and regulations. In the absence of such
prescriptions, his products and unlawful proceeds shall be confiscated and he shall be concurrently fined by the administrative authorities
for industry and commerce; where serious consequences are caused and crimes are constituted, the person directly responsible shall
be investigated for criminal responsibility in accordance with the law.

Article 21

Where authentication marks are used on products leaving a factory for sale, for which authentication certificates have been issued
but which do not conform to national or trade standards, the enterprise concerned shall be ordered by the department of standardization
administration to stop the sale and shall be fined concurrently; where the circumstances are serious, the authentication certificates
shall be revoked by the department that made the authentication.

Article 22

Whoever uses authentication marks, without authorization, on products leaving a factory for sale, which have not undergone authentication
or have been found not up to the standards after the authentication proceedings, shall be ordered by the department of standardization
administration to stop the sale and shall concurrently be fined.

Article 23

A party which refuses to accept the punishment of confiscation of its products and of its unlawful proceeds and a fine may, within
15 days of receiving the penalty notice, apply for reconsideration to the office immediately above the one that made the punishment
decision; a party which refuses to obey the reconsideration decision may, within 15 days of receiving the reconsideration decision,
bring a suit before a people’s court. The party also may, within 15 days of receiving the penalty notice, directly bring a suit before
a people’s court. If a party neither applies for reconsideration nor brings a suit before a people’s court within the prescribed
time nor complies with the punishment decision, the office that made the punishment decision shall apply to a people’s court for
compulsory execution.

Article 24

Personnel responsible for the supervision, inspection and administration of standardization who violate the law or neglect their duties,
or are engaged in malpractices for personal gains, shall be given disciplinary sanctions; where crimes are constituted, their criminal
responsibility shall be investigated in accordance with the law.

Chapter V Supplementary Provisions

Article 25

Rules for the implementation of this Law shall be formulated by the State Council.

Article 26

This Law shall enter into force as of April 1, 1989.

 
The Standing Committee of the National People’s Congress
1988-12-29

 




DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS APPROVING THE CENTRAL MILITARY COMMISSION’S REGULATIONS FOR CONFERRING ON RETIRED OFFICERS HONOURARY MEDALS OF MERITORIOUS SERVICE IN THECHINESE PEOPLE’S LIBERATION ARMY

Decision of the Standing Committee of the National People’s Congress Approving the Central Military Commission’s Regulations for Conferring
on Retired Officers Honourary Medals of Meritorious Service in theChinese People’s Liberation Army
(Adopted on July 1, 1988)

The Second Meeting of the Standing Committee of the Seventh National People’s Congress has decided to approve the
Central Military Commission’s Regulations for Conferring on Retired Officers Honourary Medals of Meritorious Service in the Chinese
People’s Liberation Army, which shall be promulgated by the Central Military Commission for implementation. 

Appendix: 

Regulations of the Central Military Commission of the People’s Republic of China for Conferring on Retired Officers Honourary Medals
of Meritorious Service in the Chinese People’s Liberation Army 

(Approved at the Second Meeting of the Standing Committee of the Seventh National People’s Congress on July 1, 1988 and promulgated
by the Order of the Central Military Commission of the People’s Republic of China on July 13, 1988) 

In order to commend the historical merits of officers who joined the armed forces or joined in revolutionary work during the period
of the Chinese people’s revolutionary wars and encourage them to maintain and develop the revolutionary tradition, the Central Military
Commission of the People’s Republic of China has decided to confer on retired officers honourary medals of meritorious service in
the Chinese People’s Liberation Army (CPLA). For this purpose, the following provisions are formulated: 

Article 1  The CPLA’s honourary medals of meritorious service shall consist of three types: the CPLA Red Star Honourary Medal
of Meritorious Service (classified into two grades), the CPLA Independence Honourary Medal of Meritorious Service, and the CPLA Victory
Honourary Medal of Meritorious Service. 

Article 2  The CPLA Red Star Honourary  Medal of Meritorious Service, First Grade, shall be conferred on the following
personnel: 

(1) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and on whom the rank
of Major General or a higher rank was conferred not later than May 21, 1965; and 

(2) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and who held leading
positions at or above the provincial or ministerial level not later than May 21, 1965. 

Article 3  The CPLA Red Star Honourary Medal of Meritorious Service, Second Grade, shall be conferred on the following personnel: 

(1) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and on whom the rank
of Senior Colonel or a lower rank was conferred not later than May 21, 1965, or on whom no military rank has been conferred; 

(2) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and on whom the rank
of Major General or a higher rank was conferred, but who were punished by a demotion in position or rank or were removed from their
positions on or after May 22, 1965; and 

(3) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and who held leading
positions at or above the provincial or ministerial level not later than May 21, 1965, but who were punished by a demotion in position
or rank or were removed from their positions on or after May 22, 1965. 

Article 4  The CPLA Independence Honourary Medal of Meritorious Service shall be conferred on retired officers who joined the
armed forces or joined in revolutionary work during the period from July 7, 1937 to September 2, 1945. 

Article 5  The CPLA Victory Honourary Medal of Meritorious Service shall be conferred on retired officers who joined the armed
forces or joined in  revolutionary work during the period from September 3, 1945 to September 30, 1949. 

Article 6   For retired officers who committed serious mistakes but for whom no conclusion has been drawn and no disposition
has been made, a decision to confer or not to confer the honourary medals of meritorious service on them shall be made in accordance
with these Regulations after a conclusion is drawn and a disposition made. 

Article 7   No honourary medal of meritorious service shall be conferred on anyone who joined the armed forces or joined
in revolutionary work not later than September 30, 1949, but is not treated as a retired officer because of his serious mistake. 

Article 8   The conferment of the CPLA honourary medals of meritorious service on retired officers shall be conducted upon
a decision made by the Central Military Commission and an order issued by the Chairman of the Central Military Commission. 

Article 9  Personnel awarded with the CPLA honourary medals of meritorious service shall be given the following favoured treatment
in the armed forces: 

(1) In the light of actual conditions, they may be asked to attend important holiday rallies and military reviews, and some of them
may be invited to the rostrum, visitors’ stand or the reviewing stand; 

(2) In the light of actual conditions, they may be invited to watch military manoeuvres of the armed forces stationed in their localities; 

(3) In the light of actual conditions, those who have special knowledge or have made outstanding achievements in certain areas may
be given priority in being invited to hold honourary positions; 

(4) They shall be awarded with a fixed amount of honourary bonus. 

Article 10  For a person awarded with a CPLA honourary medal of meritorious service who is sentenced for violation of the Criminal
Law, whether he is to be deprived of the medal shall be decided by the Central Military Commission. A person deprived of his honourary
medal of meritorious service shall no longer enjoy any of the various kinds of favoured treatment specified in Article 9 of these
Regulations. 

Article 11   It is forbidden to forge, falsely claim or sell the CPLA honourary medals of meritorious service and the certificates
for such medals. The violators shall be punished.  The honourary medals of meritorious service shall not be reissued once they
are lost. 

Article 12   The CPLA  honourary medals of meritorious service shall be conferred, in accordance with the present
Regulations, on officers who hold positions in such institutions as the Chinese Communist Party’s Advisory Commissions, the Standing
Committees of the People’s Congresses and the Political Consultative Conferences at various levels but who no longer hold any position
in the armed forces. 

Article 13  The General Political Department of the Chinese People’s Liberation Army shall, in line with these Regulations,
work out measures of implementation, which shall go into effect after being submitted to and approved by the Central Military Commission. 

Article 14    These Regulations shall come into force on the date of promulgation.

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







LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON CHINESE-FOREIGN CONTRACTUAL JOINT VENTURES

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF SMUGGLING

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 Smuggling



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

National People’s Congress and promulgated for enforcement by Order No.62 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
smuggling 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. Whoever smuggles opium and other narcotics, weapons and ammunition, or
counterfeit currency shall be sentenced to fixed-term imprisonment of not less
than seven years and shall concurrently be sentenced to a fine or confiscation
of property; if the circumstances are especially serious, the offender shall
be sentenced to life imprisonment or the death penalty and shall concurrently
be sentenced to confiscation of property; if the circumstances are relatively
minor, the offender shall be sentenced to fixed-term imprisonment of not more
than seven years and shall concurrently be sentenced to a fine.

    2. Whoever smuggles cultural relics, precious and rare species of
wildlife as well as the products thereof, gold, silver or other precious
metals forbidden by the state from being exported shall be sentenced to
fixed-term imprisonment of not less than five years, and shall concurrently
be sentenced to a fine or confiscation of property; if the circumstances are
especially serious, the offender shall be sentenced to life imprisonment or
the death penalty, and shall concurrently be sentenced to confiscation of
property; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than five years, and shall
concurrently be sentenced to a fine.

    3. Whoever, for the purpose of making profits or dissemination, smuggles
pornographic movies, videotapes, magnetic tapes, pictures, publications or
other pornographic articles shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and shall concurrently
be sentenced to a fine; if the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and shall concurrently be sentenced to a fine or confiscation of
property; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and shall concurrently be sentenced to a fine.

    4. Those who smuggle goods and articles not specified in Articles 1-3 of
the present Provisions shall, in the light of the seriousness of the
circumstances, be punished in accordance with the following provisions:

    (1) Whoever smuggles goods and articles valued at not less than 500,000
yuan shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and shall concurrently be sentenced to a fine or
confiscation of property; if the circumstances are especially serious, the
offender shall be sentenced to the death penalty, and shall concurrently be
sentenced to confiscation of property.

    (2) Whoever smuggles goods and articles valued at not less than 150,000
yuan and less than 500,000 yuan shall be sentenced to fixed-term imprisonment
of not less than seven years, and shall concurrently be sentenced to a fine or
confiscation of property; if the circumstances are especially serious, the
offender shall be sentenced to life imprisonment, and shall concurrently be
sentenced to confiscation of property.

    (3) Whoever smuggles goods and articles valued at not less than 50,000
yuan and less than 150,000 yuan shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years, and shall
concurrently be sentenced to a fine.

    (4) Whoever smuggles goods and articles valued at not less than 20,000
yuan and less than 50,000 yuan shall be sentenced to fixed-tern imprisonment
of not more than three years or criminal detention, and shall concurrently be
sentenced to a fine; if the circumstances are relatively minor or the value is
less than 20,000 yuan, the smuggled goods and articles and the illegal
proceeds thereof shall be confiscated by the Customs, and the offender may
concurrently be sentenced to a fine.

    Two or more persons who jointly smuggle shall be punished separately in
accordance with the value of the goods and articles each of them smuggles and
the role each of them plays in the crime. With respect to the ringleader of a
smuggling group, the punishment shall be given according to the total value of
the goods and articles smuggled by the group; with respect to other principal
offenders who join in the crime of smuggling, the punishment shall, if the
circumstances are serious, be given according to the total value of the goods
and articles jointly smuggled.

    Whoever repeatedly smuggles and goes unpunished shall be punished
according to the accumulated value of the smuggled goods and articles.

    5. Enterprises, institutions, state organs and public organizations that
smuggle goods and articles specified in Articles 1-3 of the present Provisions
shall be sentenced to a fine, and the persons directly in charge and other
persons directly responsible for the crime shall be punished according to the
provisions regarding the punishment of individuals who have committed the
crime of smuggling.

    Enterprises, institutions, state organs and public organizations that
smuggle goods and articles not specified in Articles 1-3 of the present
Provisions valued at not less than 300,000 yuan, 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; if the circumstances are especially serious,
causing major losses to the state, the offenders shall be sentenced to
fixed-term imprisonment of not less than five years and not more than ten
years; if the value is less than 300,000 yuan, the smuggled goods and articles
and the illegal proceeds thereof shall be confiscated by the Customs, and a
fine may be imposed, and the persons directly in charge and other persons
directly responsible for the crime shall be given administrative sanctions at
the discretion of the unit they belong to or of the competent authorities at a
higher level.

    Where the illegal proceeds from smuggling perpetrated by enterprises,
institutions, state organs or public organizations go to individuals, or where
smuggling is perpetrated in the name of enterprises, institutions, state
organs or public organizations while the illegal proceeds are shared out among
individuals, punishment shall be meted out according to the stipulations of
the present Provisions regarding the punishment of individuals who have
committed the crime of smuggling.

    6. Whoever commits any of the following acts of smuggling that
constitutes a crime according to the present Provisions shall be punished in
accordance with the provisions of Article 4 and Article 5:

    (1) without approval by the Customs and without having paid the overdue
customs duties, selling for profits without authorization, within the
territory of the People’s Republic of China, authorized imported bonded goods
such as materials supplied by foreign clients for processing, parts supplied
by them for assembly or raw or processed materials, parts, finished products
or equipment for compensation trade; or

    (2) importing goods and articles under the guise of accepting donations,
or without approval by the Customs and without having paid the overdue customs
duties, selling for profits without authorization, within the territory of the
People’s Republic of China, donated imported goods and articles or other
imported goods and articles specially designated for the reduction of or
exemption from duties.

    If the acts of smuggling specified in the preceding two paragraphs involve
a relatively small quantity or value and do not constitute a crime, the
smuggled goods and articles and the illegal proceeds thereof shall be
confiscated by the Customs and a fine may concurrently be imposed.

    7. Whoever commits any of the following acts shall be deemed to have
committed the crime of smuggling and shall be punished in accordance with the
relevant stipulations of the present Provisions:

    (1) directly and illegally purchasing from smugglers articles forbidden by
the state from being imported or directly and illegally purchasing from
smugglers other smuggled imported goods and articles, involving relatively
large quantities or values; or

    (2) transporting, purchasing and selling in inland seas and territorial
waters articles forbidden by the state from being imported or exported or
goods and articles subject to state restrictions on import and export,
involving relatively large quantities and values and without legal
certificates.

    If the acts of smuggling specified in the preceding two paragraphs involve
a relatively small quantity or value and do not constitute a crime, the
smuggled goods and articles and the illegal proceeds thereof shall be
confiscated by the Customs and a fine may concurrently be imposed.

    8. Whoever conspires with criminals committing smuggling by offering them
loans, funds, account numbers, invoices or certificates, or by providing them
with such conveniences as transportation, storage or mailing, shall be deemed
as an accomplice in the crime of smuggling and punished as such.

    9. Where enterprises or institutions under ownership by the whole people
or under collective ownership, state organs or public organizations, in
violation of the regulations on foreign exchange control, do not tranfer to
China the foreign exchange that has been gained outside China and should be
transferred to China, or do not deposit it in the banks designated by the
state, or illegally transfer their foreign exchange from China to foreign
countries, or illegally sell for profits the foreign exchange allocated to
them by the state, the foreign exchange control authorities shall, in
accordance with the regulations on foreign exchange control, force them to
change their foreign exchange into Renminbi and confiscate their illegal
gains, and may concurrently impose a fine on them; in addition, the persons
directly in charge and other persons directly responsible shall be given
administrative sanctions at the discretion of the unit they belong to or of
the competent authorities at a higher level; if the circumstances are serious,
in addition to forcing such units to change their foreign exchange into
Renminbi and having their illegal gains confiscated and imposing a fine on
them in accordance with the regulations on foreign exchange control, the
persons directly in charge and other persons directly responsible shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention.

    Enterprises, institutions, state organs, public organizations or
individuals that illegally traffic in foreign exchange for profits, if the
circumstances are serious, shall be punished for crimes of speculation.

    10. Whoever shields smuggling with armed force shall be given a heavier
punishment in accordance with the provisions of Article 1 of the present
Provisions.

    Whoever, by means of violence or threat, resists the seizure of smugglers
or smuggled goods shall be punished for crimes of smuggling and of preventing
state personnel from carrying out their functions according to law as
stipulated in Article 157 of the Criminal Law and in accordance with the
provisions regarding the combined punishment for several crimes.

    11. State personnel who take advantage of their office to commit the
crime of smuggling shall be given a heavier punishment.

    12. Whoever commits the crime of smuggling shall, according to law, be
sentenced to confiscation of the smuggled goods and articles, the illegal
proceeds thereof and the means of transportation used in the smuggling and
owned by the offender or the unit to which he belongs.

    13. All the property confiscated and gains from fines or penalties in the
handling of cases of smuggling shall be turned over to the State Treasury.
Nobody shall be allowed to deduct a percentage from them or dispose of them
privately. Those who privately share out confiscated property and gains from
fines or penalties shall be punished as embezzlers.

    14. With respect to cases of smuggling in which criminal responsibility
is to be investigated according to law, the departments that have apprehended
those cases shall turn over to judicial organs the files on them along with
evidence such as the inventory and pictures of the smuggled goods and
articles; smuggled goods and articles, except for those that are not suitable
for long-term preservation and may, therefore, be disposed of according to the
relevant provisions, shall be sealed up on the spot and kept properly, so that
the judicial organs may check them at any time.

    15. For the purpose of the present Provisions, the value of the smuggled
goods and articles shall be calculated in accordance with the retail prices of
local state businesses at the times when the cases are discovered. If such
prices are hard to determine, they shall be assessed by the competent
authorities concerned.

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






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...