1994

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.






THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON INDUSTRIAL ENTERPRISES OWNED BY THE WHOLE PEOPLE

ORGANIC LAW OF THE VILLAGERS COMMITTEE (FOR TRIAL IMPLEMENTATION)

Organic Law of the Villagers Committee of the People’s Republic of China (For Trial Implementation)

     (Effective Date:1988.06.01–Ineffective Date:)

   Article 1. This Law is formulated in accordance with the relevant provisions of the Constitution of the People’s Republic of China with a view
to ensuring self-government by the villagers in the countryside, who will administer their own affairs in accordance with the law,
and promoting socialist democracy at the grassroots level, socialist material development, and the building of an advanced socialist
culture and ideology in the rural areas.

   Article 2. The villagers committee shall be the primary mass organization of self-government, in which the villagers manage their own affairs,
educate themselves, and serve their own needs. It shall manage the public affairs and public welfare services of the village, mediate
disputes among the villagers, help maintain public order, and convey the villages’ opinions and demands and make suggestions to the
people’s government.

   Article 3. The people’s government of a township, a nationality township or a town shall give guidance, support and help to the villagers committees
in their work. The villagers committees, on their part, shall assist the above people’s government in its work.

   Article 4. The villagers committee shall support and organize the villagers in co-operative economic undertakings in various forms, such as
those for production, supply and marketing, credit or consumption, provide services and coordination for production in the village,
and promote the development of socialist production and construction and the socialist commodity economy in the countryside.

The villagers committee shall respect the decision-making power of collective economic organizations in conducting their economic
activities independently as prescribed by law, and safeguard the lawful right of property and other lawful rights and interests of
collective economic organizations, villagers, households operating under contract, associated households or partnerships.

The villagers committee shall, in accordance with the law, administer affairs concerning the land and other property owned collectively
by the villagers and disseminate knowledge among the villagers about a rational utilization of the natural resources and the protection
and improvement of the ecological environment.

   Article 5. The villagers committee shall publicize the Constitution and the laws, regulations and state policies among the villagers; persuade
them to perform their obligations as prescribed by law and to take good care of public property; safeguard the villagers’ lawful
rights and interests; promote unity and mutual assistance with other villages ; and carry out various forms of activities conducive
to the building of an advanced socialist culture and ideology.

   Article 6. In villages where people from more than one nationality live, the villagers committees shall persuade the villagers to enhance the
unity, mutual assistance and mutual respect between different nationalities.

   Article 7. Villagers committees shall be established on the basis of the distribution of the villagers and the sizes of the population and on
the principle of facilitating self-government by the masses.

Villagers committees shall generally be established in natural villages; several natural villages may jointly establish a villagers
committee; a large natural village may establish several villagers committees.

The establishment or dissolution of a villagers committee or a readjustment in the area governed by it shall be proposed by the people
‘s government of a township, a nationality township or a town and reported to a people’s

    






PROVISIONS FOR THE MONITORING AND CONTROL OF AIDS

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1988-01-14 Effective Date  1988-01-14  


Provisions for the Monitoring and Control of Aids



(Approved by the State Council on December 26, 1987, and promulgated

jointly by the Ministry of Public Health, the Ministry of Foreign Affairs,
the Ministry of Public Security, the State Education Commission, the National
Tourism Administration, the Civil Aviation Administration of China and the
State Bureau of Foreign Expert Affairs on January 14, 1988)

    Article 1  These Provisions are formulated in order to prevent AIDS from
entering, occuring and spreading in China so as to safeguard the health of the
Chinese people.

    Article 2  The objects subject to the monitoring and cotrol of AIDS as
defined in these provisions are:

    (1) victims of AIDS;

    (2) carriers of the AIDS virus;

    (3) suspects of AIDS and those who have close contact with persons as
defined in Items (1) and (2) of this Article;

    (4) blood, hemoproducts, toxicostrain, biological tissue, animals and
other articles that have been contaminated by the AIDS virus or may cause the
spreading of AIDS.

    Article 3  The health administrative departments at all levels shall be in
charge of AIDS monitoring and control within their respective jurisdiction.

    The public security organs, foreign affairs offices, Customs
establishments, tourist agencies, education departments, aviation, railway and
other transportation units as well as all the enterprises, institutions and
social organizations shall help the health administrative departments in
taking precautionary measures against the spread of AIDS.

    Article 4  Upon arrival, any passenger who enters China shall fill in a
health declaration card truthfully, and submit it to the health quarantine
organ for inspection.

    Article 5  When applying for entry visa, any foreign national who plans to
settle down in China or stay (or study) in China for one year or longer is
required to furnish the AIDS Serological Examination Certificate issued by a
public hospital or by a private hospital notarized by the notary office in the
country of origin and the said certificate must be authenticated by the
Chinese Embassy or consulate in that country. The certificate shall remain
valid for six months as of the date of issue.

    Foreign nationals who fail to undergo AIDS serological examination in
their home countries for lack of necessary conditions, must go to a designated
professional health organ for the examination within 20 days after entry.

    Article 6  Those foreign nationals who belong to the categories as defined
in Items (1) and (2) of Article 2 in these Provisions shall be barred from
entering China.

    Those who are not allowed to enter China but have already arrived at a
China border port, must leave the border as soon as possible by the same means
of transport or a means of transport of the country where they reside. If
necessary, China civil air, railways or other transportation departments shall
make arrangements for their departure. Before they leave the border, they must
be placed in isolation by the health quarantine organ at the border port.

    Article 7  Where any foreign nationals who stay in China are found to be
objects as defined in Items (1) and (2) of article 2 in these Provisions, the
local health administrative department may request the public security organ
to order them to leave China without delay.

    Article 8  Chinese citizens who have settled down abroad of have stayed
abroad for over one year (including those Chinese seamen working on foreign
vessels) and who intend to resettle down in China or stay in China for over
one year are required to go to a designated professional health organ for
physical checkup within two months after they return to China.

    Article 9  All units and persons are strictly prohibited from importing or
carrying in any articles as defined in Item (4) of Article 2 in these
Provisions. In the case of necessity, an application must be made to the
Ministry of Public Health for examination and approval.

    Article 10  The AIDS virus strain shall be kept and used by the units
designated by the Ministry of Public Health. Without permission by the
Ministry of Public Health, no unit or person shall be allowed to exchange,
pass on or use the virus strain within China.

    Article 11  Blood and hemoproducts must undergo AIDS antibody virus
monitoring. Carriers of AIDS virus are forbidden to donate their tissue,
organs, blood and seminal fluid.

    Article 12  The health administrative departments in all the provinces,
autonomous regions and municipalities directly under the Central Government
shall organize the monitoring of AIDS. The monitoring work shall mainly cover
the following fields:

    (1) collecting, processing and analyzing information of AIDS incidence;

    (2) carrying out serological examination among the target groups of
people;

    (3) making a survey and analysis of epidemiological factors.

    Article 13  When conducting AIDS serological examination, any syringe used
must be disposable. Other medical equipment must be thoroughly disinfected so
as to guard against iatrogenic infection.

    Article 14  As prescribed by the State, AIDS is an infectious disease that
must be reported.

    Article l5  When carrying out their official duties, if the civil
administration organ, the public security organ and the judicial organs find
any persons susceptible to the spread of AIDS, they must be sent right away to
the health department to undergo AIDS examinations.

    Article 16  Medical units must keep close watch for AIDS cases among the
visiting patients. If any suspect of AIDS is found, the case must be
diagnosed, treated and reported without delay.

    Article 17  Medical workers or health workers of preventive medicine or
medical treatment shall, after making a definite diagnosis of an AIDS case or
deciding on a case of AIDS suspect or a case of AIDS carrier, immediately
report the case to the local health and epidemic prevention organ. The latter
must report the case to the health administrative department at a higher level
within twelve hours.

    If any other people find any suspect of AIDS, it is required that they
report the case immediately to the local prevention, medical or health organ.

    No unit or person may conceal the case from or delay the report of the
case to the organs concerned.

    Article 18  When a health administrative department sends its officers to
make an investigation of AIDS, the units or persons concerned are duty-bound
to provide detailed information about the occurance, spreading, metastasis of
the disease and guarantee that the information is true and complete.

    Article 19  The health administrative department must verify the reported
information without delay. The material reported must include a diagnosis
issued by a designated professional health organ.

    Article 20  The nationwide information about AIDS incidence shall be
released by the Ministry of Public Health.

    Article 21  No unit or person may discriminate against AIDS victims, AIDS
virus carriers or their relatives. No information about the victims such as
their names, addresses, etc. shall be made public.

    Article 22  Every unit or person must follow the precautionary measures
taken by the health department for the purpose of preventing and checking the
incidence of AIDS.

    Article 23  When a hygiene organ, medical treatment organ or health organ
has found a person who belongs to the category of people defined in Item (1)
of Article 2 of these Provisions, it must place the person in isolation and
send him/her to a hospital designated by the health administrative department
for medical treatment.

    Article 24  When a hygiene Organ, medical treatment organ or health organ
has found a person who belongs to the category of people defined in Item (2)
or (3) of Article 2 of these Provisions, some or all of the following measures
must be taken according to the prevention requirements:

    (1) detention for physical checkup;

    (2) restriction on movement;

    (3) medical observation;

    (4) regular or irregular medical visits.

    Article 25  The dead body of an AIDS victim or an AIDS virus carrier must
be cremated locally.

    Article 26  The units or individuals concerned shall, under the
supervision and guidance of the health and prevention organ, exercise
disinfection to the secretion, excretion of AIDS victims or AIDS virus
carriers, and the articles and places, which they have come into contact with
and which might have been contaminated. If necessary, the disinfection shall
be conducted by the health and prevention organ itself.

    Article 27  When the hygiene, medical treatment or health organs perform
their duties as stipulated in Articles 23 and 24 of these Provisions, the
public security organs and other units concerned shall offer assistance.

    Article 28  Any unit or person that has committed any one of the following
acts in violation of the Provisions shall be punished by the health
administrative department in the form of a fine of no less than RMB 50 and no
more than RMB 3,000 and shall be forced to take precaution, treatment and
disinfection measures:

    (1) conceal the case of AIDS and evade examination;

    (2) spread AIDS with awareness that there exist AIDS cases or AIDS virus
carriers;

    (3) withhold from declaring articles brought in at the time of entry as
defined in Item (4) of Article 2 of these Provisions;

    (4) refuse to carry out the precaution and control measures against the
spread of AIDS as defined in Articles 23, 24, 25 and 26 of these Provisions.

    Article 29  For any violation of these Provisions that has resulted in the
spread of AIDS or the danger of spreading AIDS, criminal responsibility shall
be investigated by the judicial organs accorrding to law.

    Article 30  For the purpose of these Provisions, the definitions of the
following terms are:

    (1) “AIDS” means acquired immunity deficiency syndrome.

    (2) “AIDS victim” means a person whose reaction to AIDS virus antibody is
positive and clinically a conditioned infection or malignant tumour is
diagnosed.

    (3) “AIDS virus carrier” means a person whose reaction to AIDS virus
antibody is positive but with no symptoms of AIDS or without enough symptoms
to be diagnosed as AIDS victim.

    (4) “foreign national” means a person who does not have Chinese
nationality as defined in “The Nationality Law of the People’s Republic of
China”.

    Article 31  A fee shall be charged, according to relevant regulations, for
the service of taking prevention measures and giving medical treatment or
examination.

    Article 32  The right to interpret these Provisions resides in the
Ministry of Public Health.

    Article 33  These Provisions shall go into effect 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...