DECISIONS ON PERSONNEL MANAGEMENT OF FOREIGN INVESTMENT ENTERPRISES
STATE COUNCIL’S OFFICIAL REPLY CONCERNING THE RENAMING OF THE MARITIME ARBITRATION COMMISSION AS THE CHINA MARITIME ARBITRATION COMMISSION AND THE AMENDMENT OF ITS ARBITRATION RULES
| Category | ARBITRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1988-06-21 | Effective Date | 1989-01-01 |
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THE State Council’s Official Reply Concerning the Renaming of the Maritime Arbitration Commission As the China Maritime Arbitration |
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The Official Reply
CHINA MARITIME ARBITRATION COMMISSION ARBITRATION RULES (Adopted on
Chapter I General Provisions
Chapter II Arbitration Proceedings
CHINA MARITIME ARBITRATION COMMISSION ARBITRATION RULES
Chapter I General Provisions
Chapter II Arbitration Proceedings
Chapter III Summary Proceedings
Chapter IV Supplementary Provisions
(June 21, 1988)
The Official Reply
China Council for the Promotion of International Trade:
The State Council approves the renaming of the Maritime Arbitration
Commission of your Council as the China Maritime Arbitration Commission. The
existing relationship of its subordination remains unchanged.
The Arbitration Rules of the China Maritime Arbitration Commission shall
be amended by your Council in accordance with China’s laws and the
international treaties concluded or acceded to by China and with reference to
international practice, and then promulgated for implementation after adoption
by your Council. Hereafter, any amendments to the Arbitration Rules shall be
made by your Council’s own decision.
CHINA MARITIME ARBITRATION COMMISSION ARBITRATION RULES (Adopted on
September 12, 1988 at the Third Session of the First National Congress of the
China Council for the Promotion of International Trade (China Chamber of
International Commerce))
Chapter I General Provisions
Section 1 Jurisdiction
Article 1 The China Maritime Arbitration Commission (hereinafter referred
to as the Arbitration Commission) independently and impartially settles
maritime disputes by means of arbitration so as to protect the justified
rights and interests of the parties and promote shipping industry and foreign
economic and trade development.
Article 2 Upon receiving written application of one of the disputing
parties and in accordance with written agreement concluded between the
parties, prior or subsequent to the occurrence of dispute, to refer their
dispute to the Arbitration Commission for arbitration, the Arbitration
Commission takes cognizance of:
(1) disputes regarding remuneration for salvage services rendered by
sea-going vessels to each other or by a sea-going vessel to a river craft and
vice versa;
(2) disputes arising from collisions between sea-going vessels or between
sea-going vessels and river craft or from damages caused by sea-going vessels
to harbour structures or installations;
(3) disputes arising from chartering, agency, towage, raising, sale,
repairing and building of or in respect of sea-going vessel, carriage by sea
in virtue of contracts of affreightment, bills of lading or other shipping
documents, and marine insurance;
(4) disputes regarding pollution damages to marine environmcnt;
(5) other maritime disputes submitted for arbitration by agreement between
the parties.
An arbitration agreement means the arbitration clause stipulated by the
parties in their contract, or agreements in writing concluded in other forms
to submit disputes for arbitration.
The Arbitration Commission has power to decide on the validity of
arbitration agreement and the jurisdiction over arbitration cases.
Section 2 Organization
Article 3 The Arbitration Commission is composed of Chairman,
Vice-Chairmen and Commission members.
The Chairman performs functions and duties given by these Rules and any
Vice-Chairman, if authorized by the Chairman, may perform the functions and
duties of the Chairman.
Under the Arbitration Commission, a Secretariat is established to handle
the day-to-day work of the Arbitration Commission.
Article 4 The Arbitration Commission maintains a panel of arbitrators.
The arbitrators are selected and appointed by the China Council for the
Promotion of International Trade (China Chamber of International Commerce)
from among Chinese and foreign persons with relevant expertise and practical
experience.
Article 5 The Arbitration Commission is located in Beijing. The
Arbitration Commission may, according to the requirement of development of
arbitration business, establish sub-commissions in other places within the
territory of China.
Chapter II Arbitration Proceedings
Section 1 Application for Arbitration, Defence and Counterclaims
Article 6 The Claimant must submit his Application for Arbitation to the
Arbitration Commission in accordance with the following requirements:
(1) an Application for Arbitration in writing must be submitted to the
Arbitration Commission. The following must be specified in the Application for
Arbitration:
(a) the name and address of the Claimant and those of the Respondent;
(b) the arbitration agreement relied upon by the Claimant;
(c) the Claimant’s claim and the facts and evidence on which his claim is
based.
The Application for Arbitration shall be signed by the Claimant and/or the
attorney authorized by the Claimant.
(2) when submitting an Application for Arbitration to the Arbitration
Commission, relevant documentary evidence on which the Claimant’s claim is
based shall accompany the Application for Arbitration.
(3) the Claimant shall appoint an arbitrator from among the Panel of
Arbitrators of the Arbitration Commission or authorize the Chairman of the
Arbitration Commission to make an appointment on his behalf.
(4) the Claimant shall pay an arbitration fee in advance to the
Arbitration Commission according to the Arbitration Fee Schedule attached to
these Rules.
Article 7 After receipt of the Application for Arbitration and its
attachments and when the Arbitration Commission, after examination, deems that
the Claimant has completed the formalities required for arbitration, the
Arbitration Commission shall immediately mail to the Respondent one copy each
of the Claimant’s Application for Arbitration and its attachments as well as
the Arbitration Rules and the Panel of Arbitrators of the Arbitration
Commission.
Article 8 The Respondent shall, within 20 days after receipt of the
Application for Arbitration, appoint an arbitrator from among the Panel of
Arbitrators of the Arbitration Commission, or authorize the Chairman of the
Arbitration Commission to make an appointment on his behalf and shall, within
45 days after receipt of the Application for Arbitration, submit his defence
and relevant documentary evidence to the Arbitration Commission.
Article 9 The Respondent shall file with the Arbitration Commission his
counter-claim, if any, in connection with the case taken cognizance of by the
Arbitration Commission, within the time limit as specified in Article 8 for
the submission of his defence. The Respondent must state, in his
counter-claim, his claim and the facts and evidence on which his claim is
based and attach relevant documentary evidence to his counter-claim.
When filing a counter-claim, the Respondent must pay an arbitration fee in
advance according to the Arbitration Fee Schedule attached to these
Arbitration Rules.
Article 10 The Arbitration Commission has discretion to ask the
Respondent to pay in advance a part of arbitration fees when it deems it
necessary.
Article 11 When submitting an Application for Arbitration, defence,
counter-claim, relevant documentary evidence and other documents to the
Arbitration Commission, the parties shall provide duplicate copies as many as
the number of the other party/parties and the arbitrators, of whom the
arbitration tribunal is composed.
Article 12 The parties may authorize attorneys to confer with the
Arbitration Commission on matters relating to arbitration. Such attorneys may
be citizens of China or foreign citizens. The authorized attorney must produce
a Power of Attorney to the Arbitration Commission.
Article 13 The Arbitration Commission may, pursuant to the request of the
parties and in accordance with the Chinese law, apply to the Chinese court in
the place where the property of the Respondent(s) is or in the place where the
arbitration institution is located for a decision in respect of taking
preservative measures.
Section 2 Composition of Arbitration Tribunal
Article 14 After each of the two parties has chosen one arbitrator from
among the Panel of Arbitrators of the Arbitration Commission or the Chairman
of the Arbitration Commission has made such an appointment under the
authorization by the party/parties, the Chairman of the Arbitration Commission
shall appoint a third arbitrator from among the Panel of Arbitrators of the
Arbitration Commission as the presiding arbitrator to form an arbitration
tribunal to hear the case.
Article 15 Both parties may jointly appoint or authorize the Chairman of
the Arbitration Commission to appoint one arbitrator from among the Panel of
Arbitrators of the Arbitration Commission as a sole arbitrator to form an
arbitration tribunal to hear the case alone.
If both parties have agreed on the appointment of a sole arbitrator to
hear their case alone but failed to agree on the choice of such a sole
arbitrator within 20 days as from the date on which the Respondent receives
the Application for Arbitration or as from the date on which both parties
reach an agreement to have their case heard by a sole arbitrator, the Chairman
of the Arbitration Commission shall appoint the sole arbitrator.
Article 16 If the Respondent fails to appoint and fails to authorize the
Chairman of the Arbitration Commission to appoint an arbitrator according to
Article 8 of these Rules, the Chairman of the Arbitration Commission has the
power to appoint an arbitrator for the Respondent.
Article 17 When there are two or more Claimants and/or Respondents in an
arbitration case, the Claimants’ side and/or the Respondents’ side shall each,
through consultation, appoint one arbitrator from among the Panel of
Arbitrators of the Arbitration Commission. If the Claimants’ side fails to
make such appointment at the time when the Claimants submit their Application
for Arbitration and/or Respondenls’ side is unable to appoint one arbitrator
within 20 days as from the date on which the last Respondent receives the
Application for Arbitration, the appointment shall be made by the Chairman of
the Arbitration Commission.
Article 18 Any appointed arbitrator having personal interest in the case
shall himself request the Arbitration Commission for withdrawal from his
office and the parties have the right to make a request in writing to the
Arbitration Commission for a withdrawal of the arbitrator from his office.
Article 19 A party who intends to challenge an arbitrator must put
forward his challenge before the first oral hearing of the case. If the
grounds for challenge come out or become aware of after the first oral
hearing, the challenge may be raised before the conclusion of the last hearing.
Article 20 The Chairman of the Arbitration Commission shall decide on the
challenge.
Article 21 If an arbitrator cannot perform his duty due to withdrawal or
other reasons, a substituted arbitrator shall be appointed in accordance with
the procedure pursuant to which the original arbitrator was appointed.
Section 3 Hearing
Article 22 The arbitration tribunal shall hold oral hearings to hear the
case. However, at the request of the parties or with their consent, oral
hearings may be omitted and the arbitration tribunal may examine the case and
make an award on the basis of documents only.
Article 23 The date of oral hearing shall be decided by the arbitration
tribunal in consultation with the Secretariat of the Arbitration Commission
and the notice of hearing shall be communicated to the parties 30 days before
the date of hearing. A party having justified reasons may request for
postponement of the date of hearing. But his request must be communicated to
the Secretariat of the Arbitration Commission 12 days before the date of
hearing unless unforeseeable special circumstances occur. The Seretariat shall
inform the arbitration tribunal of his request and the arbitration tribunal
shall decide thereon, in consultation with the Secretariat.
Article 24 The cases taken cognizance of by the Arbitration Commission
shall be heard in the place where the Arbitration Commission is located and
may, with the approval of the Chairman of the Commission, be heard in other
places.
Article 25 The arbitration tribunal shall not hear cases in open
sessions. If both parties request hearings in open sessions, the arbitration
tribunal shall decide thereon.
Article 26 The parties shall give evidence for the facts on which their
claim or defence is based. The arbitration tribunal may, if it deems it
necessary, make investigation and collect evidence on its own initiative.
Article 27 The evidence shall be examined and approved by the arbitration
tribunal.
Article 28 The arbitration tribunal may consult experts or appoint
appraisers for the clarification of special questions relating to the cases.
Such experts and appraisers may be Chinese or foreign organizations or
citizens.
Article 29 Should one of the parties or his attorney fail to appear at
the hearing, the arbitration tribunal may proceed with the hearing and make an
award by default.
Article 30 During hearings, the Secretariat of the Arbitration Commission
shall take records in writing and/or tape-recordings and the arbitration
tribunal may, if it deems it necessary, order the parties and/or their
attorneys, witnesses and/or other persons involved to sign the records taken.
Article 31 If both parties reach a settlement by themselves of a case
under the cognizance of the Arbitration Commission, the Claimant shall timely
request for withdrawal of the case. Dismissal of the case shall be decided by
the Chairman of the Arbitration Commission before an arbitration tribunal is
formed and by the arbitration tribunal after the arbitration tribunal is set
up.
If the party or the parties refer the dismissed case again to the
Arbitration Commission for arbitration, the Chairman of the Arbitration
Commission shall decide whether to accept the reference or not.
Section 4 Award
Article 32 The arbitration tribunal shall render an arbitral award within
45 days after the closing of examination and hearing.
Article 33 Where a case is heard by an arbitration tribunal composed of
three arbitrators, the arbitral award shall be decided by the majority of the
arbitrators and the minority opinion can be written down in the record and
docketed into the file.
Article 34 The arbitration tribunal shall state the reasons upon which
the arbitral award is based unless the award is made in accordance with the
Article 37. The arbitral award shall be signed by all or majority of the
arbitrators sitting in the arbitration tribunal and shall contain the date and
place on and in which the arbitral award is made.
Article 35 The arbitration tribunal may, if it deems it necessary or the
parties so request and it agrees, make an interim, interlocutary or partial
award on any issue of the case at any time in the process of arbitration.
Article 36 The arbitral award is final and neither party may bring a suit
before a law-court or make a request to another organization for revising the
arbitral award.
Article 37 The Arbitration Commission and the arbitration tribunal may
conciliate cases under their cognizance. In case a settlement agreement is
reached through conciliation, the arbitration tribunal shall make an award in
accordance with the contents of the settlement agreement reached by and
between both parties.
Article 38 The parties must automatically execute the arbitral award
within the time limit specified in the award. If no time limit is specified in
the award, the parties shall carry out the award immediately.
In case either party fails to execute the award, the other party may,
pursuant to the Chinese law, apply to the Chinese court for enforcement of the
award or, according to the 1958 Convention on the Recognition and Enforcement
of Foreign Arbitral Awards or other international treaties that China has
concluded or acceded to, apply to the foreign court which has jurisdiction for
enforcement of the award.
Chapter III Supplementary Provisions
Article 39 The Chinese language is the official language of the
Arbitration Commission. At the hearing, if the parties or their attorneys or
witnesses are not familiar with the Chinese language, the Secretariat of the
Arbitration Commission may provide them or the parties may bring with them
their interpreters.
The Secretariat of the Arbitration Commission may, if it deems it
necessary, ask the parties to hand in corresponding translation copies in
Chinese or other languages of the various documents and evidential materials
submitted by the parties.
Article 40 Any written communication from the Arbitration Commission to
the parties is deemed to have been received if it is delivered to the
addressee personally or if it is delivered at his place of business, habitual
residence or mailing address; or if none of these can be found after making a
reasonable inquiry, a written communication is deemed to have been received if
it is sent to the addressee’s last known place of business, habitual residence
or mailing address by registered letter or by any other means which provides
a record of the attempt to deliver it.
Article 41 Apart from charging arbitration fees from the parties
according to the Arbitration Fee Schedule attached to these Rules, the
Arbitration Commission may collect from the parties other actual expenses
including arbitrators’ remuneration and their travel and boarding expenses for
dealing with the case and the fees and expenses for expert, apraisers and
interpreters appointed by the arbitration tribunal, etc.
Certain fees and actual expenses incurred may be collected by the
Arbitration Commission if a case is withdrawn after the parties have reached
by themselves a settlement agreement.
Article 42 These Rules shall also apply to the cases of dispute taken
cognizance of by the Sub-Commissions of the Arbitration Commission. In the
arbitration proceedings conducted by the Sub-Commissions of the Arbitration
Commission, the functions and duties of the Chairman and the Secretariat of
the Arbitration Commission under these Rules shall be performed by the
Chairmen and the Secretariats of the Sub-Commissions.
Article 43 These Rules shall come into force as of January 1, 1989.
Arbitration Fee Schedule
Amount of Claim (RMB)
Amount of Fee (RMB)
100,000 Yuan or less 6%
of the amount of claim, minimum 2,000
Yuan
100,000 Yuan to 500,000 Yuan 6,000 Yuan plus 4% of the excess over
100,000 Yuan
500,000 Yuan to 1,000,000 Yuan 22,000 Yuan plus 3% of the excess over
500,000
Yuan
1,000,000 Yuan to 5,000,000 Yuan 37,000 Yuan plus 1.5% of the excess over
1,000,000
Yuan
5,000,000 Yuan or more 97,000 Yuan
plus 0.7% of the excess over
5,000,000
Yuan
If no amount of claim is stated when applying for arbitration, the amount
of arbitration fees shall be determined by the Secretariat of the Arbitration
Commission.
If the arbitration fee is charged in foreign currency, an amount of
foreign currency equivalent to the corresponding RMB value specified in this
Schedule shall be paid.
CHINA MARITIME ARBITRATION COMMISSION ARBITRATION RULES
(Revised and adopted by China Council for the Promotion of International Trade
on September 4, 1995)
Chapter I General Provisions
Section 1 Jurisdiction
Article 1 These Rules are formulated in accordance with the Arbitration
Law of the People’s Republic of China, the provisions of relevant laws, and
the Decision, Circular and Official Reply of the State Council.
Article 2 The China Maritime Arbitration Commission (formerly known as
Maritime Arbitration Commission of China Council for the Promotion of
International Trade, hereinafter referred to as the Arbitration Commission),
by means of arbitration, independently and impartially settles maritime
disputes arising from transportation, production and navigation conducted in
oceans, coastal waters and water areas adjacent to sea, either contractual or
non-contractual, so as to protect the justified rights and interests of the
parties and promote shipping industry at home and abroad and foreign economic
and trade development.
The Arbitration Commission takes cognizance of the following cases of
maritime disputes:
(1) disputes arising from salvage of vessels and general average;
(2) disputes arising from collisions of vessels or from damages caused by
vessels to structures or installations at sea, in water areas adjacent to sea
or in harbours, or to sea-bed or underwater installations;
(3) disputes arising from management, operation, chartering, mortgage,
agency, towage, raising, sale, repairing, building and dismantling of or in
respect of sea-going vessel/vessel on water, carriage by sea/water in virtue
of contracts of affreightment, bills of lading or other documents, and
marine/water insurance;
(4) disputes regarding exploitation and utilization of marine resources
and pollution damages to marine environment;
(5) disputes arising from agency contracts for carriage of goods,
contracts for the supply of vessel materials, contracts of employment of
foreign crew or contracts of fishing production or fishery;
(6) other maritime disputes submitted for arbitration by agreement between
the parties.
Article 3 The Arbitration Commission takes cognizance of cases upon
receiving written application of one of the disputing parties and in
accordance with written agreement concluded between the parties, prior or
subsequent to the occurrence of dispute, to refer their dispute to the
Arbitration Commission for arbitration.
An arbitration agreement means the arbitration clause stipulated by the
parties in their contract, or an agreement in writing concluded in other forms
to submit disputes for arbitration.
Article 4 The Arbitration Commission has power to decide on the existence
and validity of arbitration agreement and the jurisdiction over arbitration
cases. If the parties dispute over the validity of the arbitration agreement,
the people’s court shall decide on the validity when one of the parties applies
to the Arbitration Commission for decision on the validity and another party
applies to the people’s court for decision.
Article 5 An arbitration clause in a contract should be deemed as a
clause separate and independent from other clauses of the contract, and an
arbitration agreement attached to a contract also be deemed as one part
separate and independent from other clauses of the contract. The
modification, rescission, termination, annulment or invalidity, existence or
not of such a contract cannot prejudice the effect of the arbitration clause
or arbitration agreement.
Article 6 Defence to the arbitration agreement and/or the jurisdiction
over an arbitration case shall be submitted prior to the first hearing of the
arbitration tribunal; defence to the jurisdiction over a case examined on the
basis of documents only shall be submitted prior to the first substantial
defence.
Article 7 If any party agrees to refer his dispute to the Arbitration
Commission, he is deemed to accept the arbitration under these Rules.
Section 2 Organization
Article 8 The Arbitration Commission has one Honorary Chairman and
Consultants.
Article 9 The Arbitration Commission is composed of Chairman,
Vice-Chairmen and Commission members. The Chairman performs functions and
duties given by these Rules and any Vice-Chairman, if authorized by the
Chairman, may perform the functions and duties of the Chairman.
Under the Arbitration Commission, a Secretariat is established to handle
the day-to-day work of the Arbitration Commission under the leadership of the
Secretary of the Arbitration Commission.
Article 10 The Arbitration Commission maintains a panel of arbitrators.
The arbitrators are selected and appointed by the Arbitration Commission from
among Chinese and foreign persons with expertise and practical experience in
navigation, carriage by sea, foreign trade, insurance, law and other fields.
Article 11 The Arbitration Commission is located in Beijing. The
Arbitration Commission may, according to the requirement of development of
arbitration business, establish sub-commissions in other places within the
territory of China.
Chapter II Arbitration Proceedings
Section 1 Application for Arbitration, Defence and Counterclaim
Article 12 The arbitration proceedings commence from the date on which
the Arbitration Commission issues the Arbitration Notice.
 
CIRCULAR OF THE STATE COUNCIL CONCERNING THE EXTENSION OF THE LIMITS OF POWER VESTED WITH THE INLAND PROVINCES, AUTONOMOUS REGIONS, MUNICIPALITIES SEPARATELY LISTED IN THE STATE PLAN AND THE DEPARTMENTS CONCERNED UNDER THE STATE COUNCIL IN EXAMINING AND APPROVING FOREIGN INVESTMENT ABSORPTION
| Category | FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1988-07-03 | Effective Date | 1988-07-03 |
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Circular of the State Council Concerning the Extension of the Limits of Power Vested With the Inland Provinces, Autonomous Regions, |
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With a view to further implementing the policy of opening to the outside
world and to promoting the all-round development of the national economy, the
State Council has decided to appropriately extend the limits of power vested
with the inland provinces, autonomous regions, and municipalities separately
listed in the state plan, the relevant ministries and commissions under the
State Council, and the State Bureau of Building Materials Industry, the State
Administration for Medicine, the State Bureau of Technology Supervision, the
State Administration for Environmental Protection, the Civil Aviation
Administration of China, the National Tourism Administration, the National
Bureau of Oceanography, the National Meteorological Bureau, the State
Seismological Bureau, and the Chinese Academy of Sciences in examining and
approving foreign investment. With respect to productive projects developed
by absorbing foreign investments, provided these projects are in conformity
with the investment orientation stipulated by the state, their conditions of
construction and productive operations as well as their foreign exchange
income and expenditure do not require comprehensive balance to be conducted
by the state, and the export of their products does not involve export quota
or administration of export licences, the present limits of authority vested
with the aforesaid localities and departments in examining and approving
projects with a total amount of investment of five million U.S. dollars or
below each shall be extended to ten million U.S. dollars or below each. After
approval, the projects shall be reported to the State Planning Commission for
the record.
Where enterprises with foreign investments are set up by people’s
organizations, their applications shall be examined and approved by the
province, autonomous region, municipality directly under the Central
Government, or municipality separately listed on the state plan, where the
said enterprises are located.
This Circular shall become effective as of the date of promulgation.?
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON THE APPROVAL AND TRANSMISSION OF A REPORT SUBMITTED BY THE NATIONAL TOURISM ADMINISTRATION CONCERNING THE STRENGTHENING OF TOURIST WORK
| Category | TOURISM | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1988-12-21 | Effective Date | 1988-12-21 |
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Circular of the General Office of the State Council on the Approval and Transmission of a Report Submitted by the National Tourism |
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The Circular
SUGGESTIONS CONCERNING THE STRENGTHENING OF TOURIST WORK
(December 21, 1988)
The Circular
The Report, “Suggestions Concerning the Strengthening of Tourist Work”,
submitted by the National Tourism Administration, has been approved by the
State Council and is hereby transmitted to you for implementation in the light
of the actual conditions of the respective localities and departments.
The tourist industry is a comprehensive undertaking which involves
departments such as aviation, communications, culture, construction, light
industry, textile industry, and commerce. All the departments concerned shall
coordinate and support each other and make joint efforts to promote the sound
and coordinated development of tourism in our country.
SUGGESTIONS CONCERNING THE STRENGTHENING OF TOURIST WORK
Since the conclusion of the Third Plenary Session of the Eleventh Central
Committee of the Communist Party of China, under the guidance of the policy of
reform and opening to the outside world, tourism has been developing very
rapidly in our country; and it has played an active part in increasing our
country’s non-trade foreign exchange earnings, in boosting international trade
and cultural exchange, and in promoting the mutual understanding and
friendship between peoples throughout the world. At present, our country
possesses a fairly good foundation for the development of tourism and the
necessary conditions for speeding up such development. The general trend of
continuous and steady development of the international tourism is also
favourable to us for promoting our tourist industry. In order to further
strengthen the coordinated administration of tourist work and strive for a
greater development of our tourist industry, we hereby advance the following
suggestions:
1. Strengthening the administration of the tourist industry and doing a
good job in the reform of tourism administration organs at various levels. The
people’s governments of various provinces, autonomous regions, and
municipalities directly under the Central Government, as well as tourist
cities, especially those favourite haunts with relatively rich tourist
resources, shall, in accordance with the principles of “separating Party
organs from government organs”, “separating government organs from
enterprises”, and “simplified and unified administration”, and in the light of
local conditions and needs of the development of international and domestic
tourism, set up and improve the tourism administration organs by combining
them with the reform of local setups and making overall arrangements. The
tourism administration departments at various levels shall make timely and
specific adjustments to their responsibilities, clearly define their scope of
duties, and rationally deploy their organizations. In order to effect the
separation of government organs from enterprises, it is imperative to lay
stress on the following measures: (1) The persons in charge of the tourism
administration departments shall not assume concurrently posts of manager of
local tourist companies, tourist agencies, or hotels; (2) The tourism bureaus
shall be completely separated from the enterprises directly under them in the
administration of such aspects as personnel, finance, and materials, so that
the tourist enterprises shall carry on their business operations
independently, and assume sole responsibility for their profits and losses;
(3) The expenses for the tourism administration departments at various levels
to conduct tourist business operations shall be appropriated by the finance
departments at various levels. In order to strengthen the connections between
tourism administration departments and tourist operating units, the National
Tourism Administration shall, in accordance with the requirements of work,
make necessary adjustments with regard to the “China Association of Tourism”
and the “China Association of Tourist Hotels”, and establish thereby the
“China Association of Domestic Tourism”, which shall assist the competent
authorities for tourism in coordinating relations with other departments
concerned and in studying and providing guidance to the development of
domestic tourism.
2. Further clarifying the scope of responsibility and the limits of powers
of the tourist administration bureaus, and establishing a system of graded
administration. The subordinative relationship of all the tourist enterprises
and tourist institutions throughout the country – including institutes and
schools of tourism, research institutes of tourism, tourist agencies that are
engaged in the international and domestic tourist industries; various
categories of tourist hotels, guest houses, restaurants, and tourist
automobile and vessels companies for the reception of foreign tourists; key
tourist scenic spots, tourist attractions, and shops selling tourist goods
that are open to foreigners; tourist representative offices abroad, as well as
the tourist representative offices established in China by foreign tourist
agencies – to the competent administrative authorities directly over them
shall remain unchanged; but the tourist bureau shall, in accordance with the
provisions of the State, implement the system of trade administration,
inspection, and supervision. The tourism administration departments at various
levels shall treat tourist enterprises of various categories equally without
discrimination. The National Tourism Administration shall, in accordance with
the aforesaid principle, and working in coordination with other departments
concerned, make a study of, and work out , ways to implement the system of
graded administration and effect a stricter procedure in examining and
approving the establishment of tourist enterprises. All the tourist
enterprises and tourist institutions shall, without exception, subject
themselves to trade administration and supervision.
3. Deepening the reform in a comprehensive way and implementing the
responsibility system of contracted business operations. The tourism
administration departments at various levels and the departments that run
tourist enterprises shall, taking into consideration the actual conditions of
the local areas and of their own departments, and in accordance with the
pertinent provisions of the State, make a study of, and submit a report on,
a specific plan and practicable procedures for the implementation of the
responsibility system of contracted business operations in state-run and
collectively-run tourist enterprises and, at the same time, formulate other
provisions to perfect such a system. In the course of implementing the
aforesaid responsibility system of contracted business operations, different
forms of contracted business operations may be adopted, in accordance with the
differences in the nature of business operations (tourists agencies, tourist
hotels specialized in receiving foreign guests, fleets of tourist automobiles
and vessels) and business operations of different conditions (enterprises with
profits, enterprises that have to repay loans, enterprises suffering losses
and with a deficit). All those enterprises that have foreign exchange earnings
shall carry out a contracted target for earning foreign exchange, and work out
a corresponding method for the administration of the settlement of the
exchange. Enterprises, which possess the necessary conditions, may gradually
set up risk funds for themselves. The contractor shall be finally determined,
through various kinds of competition, such as by inviting tenders, or by
advertising for employment. The contract period shall, in principle, be no
shorter than 3 years. Once a contract is confirmed and signed, the two
parties, the contractor and the party awarding the contract, shall execute the
contract strictly, and under no circumstances shall it be violated. The
implementation of the responsibility system of contracted business operations
calls for a close integration of the improvement of enterprise management and
the promotion of reform in the internal administration system of enterprises,
and for further efforts in reforming and improving the labour wage system and
the policy of reward and punishment, in accordance with the principle of
combining responsibility, power, and profit.
4. Reforming the administration system of tourist agencies. The three
backbone travel services – China International Travel Service, China Travel
Service, and China Youth Travel Service – shall be encouraged and supported to
develop towards the establishment of an integrated complex or enterprise
group. With respect to those tourist agencies of various categories that have
already been set up, the National Tourism Administration and local tourism
administration departments shall carry out assessment and rectification in
accordance with the provisions in Interim Regulations on the Administration of
Tourist Agencies and Rules of Implementation for Interim Regulations on the
Administration of Tourist Agencies. Tourist agencies of various categories
shall all carry out effectively the reform in the internal work of their
respective tourist agencies, further tap their potentials, so as to raise
standard of their operation and administration, and to improve the quality of
their services.
5. Strengthening overseas tourist publicity and the endeavouring for
soliciting tourists, and striving to expand the international market for
foreign tourists. The National Tourism Administration shall make further
efforts in investigating and analysing the market for international tourists,
work out specific plans for the expansion of the said international market,
and take measures to put it into practice. Our resident representative
tourist offices abroad shall try their best to investigate into the market for
international tourists and carry out publicity work for soliciting visiting
tourists, take the responsibility to supervise the publicity and soliciting
endeavour carried out abroad by units in charge of liaison work with foreign
countries, actively make contacts with the institutions concerned, tourist
agencies and tourist wholesalers in countries where our representative tourist
offices are resident, and pay attention to collecting and feeding back
relevant information. Various resident representative tourist offices abroad
may, within the scope of law of the respective countries where they are
resident, and at their discretion, undertake some paid services or other
business operational activities.
Various units in charge of liaison work with foreign countries, while
canvassing among foreigners for tourists itineraries, shall work in close
coordination and take the interests of the whole country into account. They
may not play down the others and compete against them by offering prices lower
than the protective price. Various units in charge of liaison work with
foreign countries shall be encouraged to collaborate on a voluntary basis to
canvass jointly among foreigners. With respect to those who have violated
external liaison disciplines, the National Tourism Administration and the
local tourism administration departments shall, depending on the seriousness
of the cases, impose disciplinary sanctions, or economic penalty, on the
violators. In order to meet the needs of the development of the tourist
industry in our country, the outlay for conducting tourist publicity and
canvassing abroad may be increased with each passing year. From now on,
various units in charge of liaison work with foreign countries, when
canvassing jointly among foreigners may collect service charges; all units
that take part in the canvassing activities and derive benefits there from
shall pay the charges.
6. Strengthening the macro-administration of those newly-built tourist
hotels that specialize in receiving foreign guests and promoting the reform of
hotel administration system. The tourism administration departments at various
levels shall conscientiously implement Interim Regulations on the Construction
and Administration of Storied Buildings, Halls, Hotels and Guest Houses,
promulgated by the State Council on September 22, 1988, and, working in
coordination with the local planning departments, carry out a checking-up on
the projects of local tourist hotels that specialize in receiving foreign
guests. From now on, in principle, no more high-grade tourist hotels that
specialize in receiving foreign guests shall be built in any place. In areas
less frequented than favourite tourist haunts, medium- and low-grade
hotels may be built, in accordance with the tourist market’s demand, and
depending on the actual circumstances, (a number of high-grade rooms may be
provided in a medium-grade hotel, if necessary). In such highly frequented
tourist cities as Beijing, Shanghai, Guangzhou, Guilin, Xi’an, and Hangzhou,
no new hotel construction projects with Chinese-foreign joint investment or
by Chinese-foreign cooperation shall, in principle, be approved. In accordance
with the guideline of Document No. 17 (1988) issued by the General Office of
the State Council, it shall be imperative to speed up the establishment of the
hotel administration company of our own country. In cases where necessity
arises for the building of new hotels in form of Chinese-foreign joint
venture or Chinese-foreign contractual joint venture, the cases shall be
handled in accordance with the provisions in Document No. 101 (1986) and
Document No. 32 (1988), issued by the General Office of the State Council.
As regards the tourist scenic spots and tourist attraction, built and
faciliated with, or partly with the investment of the National Tourism
Administration, the local tourism administration departments shall take part
in the leadership and administration of the aforesaid tourist places.
Promoting the reform in the hotel administration system. There are now
specific standards for the “star-rating” of the country’s tourist hotels that
specialize in receiving foreign guests; the rating process shall be speeded up
and strive to complete the task by the end of next year. The system for
issuing and revoking business licence for tourist hotels that specialize in
receiving foreign guests (including various categories of tourist agencies and
tourist automobiles and vessels companies) shall be gradually set up. With
respect to those tourist enterprises that have committed serious illegal acts,
the competent authorities for tourism may suggest to the relevant
administrative departments for industry and commerce that the business
licences of the aforesaid enterprises be revoked.
7. Carrying out, with caution, the reform in tourist prices, and
strengthening the administration of the receipts and expenditures in foreign
exchange as well as the settlement of exchange relating to tourist
enterprises. The problem of tourist prices has a direct bearing on the
interests and reputation of the State; therefore it is imperative to conduct
careful investigation and studies before taking cautious steps in the reform,
and submit the reform plan to higher authorities for approval. It is necessary
to reform the price structure so as to fix the tourist prices more
scientifically and reasonably by taking into full consideration the necessity
to meet the challenge of international competition, and in accordance with the
special features of different tourist itineraries and different seasons (from
now on, the National Tourism Administration and the State Administration for
Commodity Prices shall chiefly fix the ceiling price and the floor price – the
protective price). Once the price principles are determined, the tourist
enterprises at various levels and of various categories shall execute them
strictly. Those who have violated the price discipline shall be dealt with
seriously.
The National Tourism Administration shall, working in coordination with
such departments as the State Statistical Bureau, the State Administration of
Foreign Exchange Control, the Ministry of Finance, and the Bank of China,
strengthen the statistical work on the tourist enterprises’ receipts and
expenditures, and tighten the control of the foreign exchange receipts and
expenditures of the tourist enterprises, establish the system for the
settlement of tourist foreign exchange, and bring this work into line with the
State plan. It is imperative to formulate, through studies, the Measures for
Foreign Exchange Control in Tourism and the Measures for the Financial
Administration of Foreign Exchange in Tourism, and submit these two documents
to the State Council for approval before implementation so as to reverse as
early as possible the present situation of serious drain on foreign exchange
earnings from tourism.
8. Developing vigorously the manufacture and marketing of tourist goods
and tourist souvenirs, increasing the volume of the foreign exchange earning
from tourism in our country and improving its economic results. The
manufacture and marketing of tourist goods and tourist souvenirs constitute an
important component part of the tourist industry, and is also an important
channel for earning foreign exchange for the State. It is imperative to
establish gradually a nationwide network for the production and marketing of
tourist goods and tourist souvenirs. For the aforesaid purpose, the “China
Tourist Services Company” under the National Tourism Administration, the
“China Tourist Products Production and Supply Company” under the Ministry of
Light Industry, and the “China Friendship Services Company” under the Ministry
of Commerce shall be taken as the foundation; their leading role shall be
brought into full play, and their businesses shall be further expanded so that
they shall grow into complexes of enterprises specialized in different lines
of business, handling different assortments of tourist goods and tourist
souvenirs. These complexes of enterprises may establish, in a planned way, a
number of production bases for the production of tourist souvenirs, and a
number of research institutes for carrying on studies in the marketing
quotations of international tourist goods and tourist souvenirs and for
developing new products, so that scientific research and product development
will be combined in the integrated process of production-supply-marketing. It
is necessary to encourage various places, especially the key tourist areas, to
vigorously develop the production of tourist goods and tourist souvenirs that
are of national style with various local colours, to increase designs and
varieties, to expand channels for sources of goods, to improve sales service,
and to strengthen market administration. It is imperative to implement
conscientiously the provisions approved long ago by the State Council: “the
foreign exchange earned through the sales of tourist goods shall be deemed as
the foreign exchange earned by foreign trade” and to formulate, through
studies, specific measures for carrying out the said provisions; with respect
to those export goods which do not come under the licence control, it is
important to expand their sales to foreign tourists; the selling prices of
tourist goods and tourist souvenirs shall be handled flexibly in accordance
with the different conditions of goods supply, the international market
quotations, and the specific marketing policy pursued by the economic and
trade departments. The special raw and processed materials which are needed
for the development of the production of tourist goods and tourist souvenirs
and are in short supply in the country, shall be brought into the goods supply
channels handled by the departments of goods and materials at various levels;
those raw and processed materials that are imported solely by the State shall
be brought into the plan for importation executed by the State; the special
imported raw and processed materials needed shall be handled in accordance
with the pertinent provisions in Document No. 16 (1987) issued by the General
Office of the State Council. As Beijing, Shanghai, and Guangzhou are the three
main ports of entry and exit for overseas tourists, they shall be turned into
cities with sizable tourist shopping centres and good reputation in Asia.
At present, some tourist hotels that specialize in receiving foreign
guests spend a large amount of foreign exchange in importing fitting-up
materials, sanitary utensils, machinery and electrical equipment, and spare
and component parts. In order to change this situation without delay, from now
on, all similar products which can already be manufactured in our country and
reasonably priced and whose quality and delivery time can be guaranteed shall
cease to be imported. We suggest that a catalogue of products to be restricted
in importation be put forward by the departments concerned and the importation
of the aforesaid products shall be examined and approved by the administrative
departments of the trades concerned.
9. Strengthening the building of a contingent of tourist personnel and
paying close attention to the education in professional ethics and
professional discipline. It is imperative to improve the educational work in
schools and institutes of tourism and the professional training of tourist
personnel, especially, the training of qualified specialized personnel at
various levels and of different categories. It is also imperative to intensify
the education in professional ethics and professional discipline, so as to
improve the political and professional quality of tourist personnel, to foster
a sense of honour and responsibility, to oppose all kinds of unhealthy
tendencies, to improve the quality of tourist services and offer high-quality
services, thus enabling our tourist industry to establish good international
reputation and image.
10. Strengthening the coordination between different departments
concerned. The tourist industry is a comprehensive undertaking, the
development of which relies not only on its own work, but also on the close
coordination with such organizations as the departments of aviation,
communications, city construction, gardens and parks, historical relics,
culture, light industry, textile industry, commerce, and religious affairs.
The tourist industry is also a trans-regional trade, and a large amount of
organizational work shall be done by the local departments; a harmonious
coordination is thus indispensable. Tourist departments at various levels
shall strengthen their coordination with other departments concerned and make
joint efforts in promoting a sound and co-ordinated development of the tourist
industry in our country.
DETAILED IMPLEMENTING RULES GOVERNING THE REGULATIONS FOR THE CONTROL OF ADVERTISING
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(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 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 (4) advertisements displayed or posted inside or outside such places as theatres, stadiums, cultural centres, exhibition halls, guest (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, (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 (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 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, Article 6. If an individual industrial or commercial household operation applies to engage in advertising operations, in addition to meeting Article 7. In accordance with be provisions of Article 6 of the Regulations, the examination, approval and registration of an advertising operator (1) A national advertising enterprise or a Sino-foreign joint equity enterprise or Sino-foreign co-operative enterprise wanting to A regional advertising enterprise shall apply to its local municipal or county administration for industry and commerce and shall (2) A public institution wanting to engage part-time in advertising activities shall apply to its local municipal or county administration A public institution engaged part-time in advertising activities, which wishes to undertake direct advertising work for foreign businessmen (3) An independent industrial or commercial household operation wanting to engage in advertising activities shall apply to its local (4) A unit wanting to engage in advertising operations within a local area for a short period shall apply to the administration for Article 8. A public institution engaging in part-time advertising activities may, subject to examination and approval, act as agent for other Article 9. If an advertising client applies to use a medium other than radio, television or the print media to advertise cigarettes, prior approval If an advertising client applies to advertise any of the high quality spirits which have received any of the various national, department Article 10. In accordance with the provisions of Article 7 of the Regulations, a client applying for the issue of an advertisement shall present (1) An industrial or commercial enterprise or an independent industrial or commercial household operation shall present for inspection (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 (5) A resident representative office of a foreign enterprise shall present for inspection its certificate of registration as the resident Article 11. When applying to advertise a commodity, a quality certificate verifying that the commodity complies with State standards, department 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 Article 13. In accordance with the provisions of item (7) of Article 11 of the Regulations, the relevant certificates shall be presented when (1) If advertising the publication of a newspaper or periodical, a registration certificate verified by the news publishing organ (2) If advertising the publication of a book, a certificate issued by the relevant news publishing organ approving the establishment (3) If advertising any of the various types of artistic and cultural performances, a certificate authorising the performance, issued (4) If a university or college is advertising to recruit students, a certificate issued by the State Education Commission or the education (5) If advertising any of the various after-school supplementary educational classes, recruiting students for specialised technical (6) If advertising individual medical practices, a certificate approving the practitioner, issued by the relevant health administration (7) If advertising pharmaceuticals or related products, a pharmaceutical advertising examination and approval list verified by a health (8) If advertising veterinary medicines, a certificate of approval issued by an agriculture, animal husbandry and fisheries administrative (9) If advertising agricultural chemicals, an agricultural chemical advertising examination and approval list, examined and approved Article 14. In accordance with the provisions of item (8) of Article 11 of these Regulations, the relevant certificates shall be presented when (1) If advertising foodstuffs, a foodstuffs advertising examination and approval list approved by the foodstuffs hygiene supervisory (2) If advertising any of the various display and sales exhibitions, order placement meetings, trade fairs, etc., a certificate of (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 Article 15. When a client requests an advertisement for publishing, broadcasting, displaying or posting, it shall present the original of the Article 16. In accordance with the provisions of Article 15 of the Regulations, agency fees for undertaking domestic advertising work shall be Article 17. If a foreign enterprise (organisation) or person of foreign nationality needs to hire a contractor to produce and release an advertisement, 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, An advertising operator shall establish a filing system to maintain records of advertising contract registrations, reviews and services 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 If an advertising operator assists a client to practise fraud, a notice of criticism may be circulated, any illegal earnings confiscated 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, Article 21. If an advertising operator violates the provisions of Article 6 of the Regulations by engaging in advertising activities without 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 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 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 Article 25. If an advertising operator violates the provisions of Article 10 of the Regulations, a notice of criticism may be circulated, any Article 26. If an advertising client violates the provisions of Article 11 of the Regulations by forging, altering, stealing and using or illegally An advertising operator which violates the provisions of items (1) or (2) of Article 11 of the Regulations shall be subject to a fine If an advertising operator provides a client with illegal or false certificates, a notice of criticism shall be circulated, a fine Article 27. If an advertising operator violates the provisions of Article 12 of the Regulations, a notice of criticism may be circulated, any Article 28. If the provisions of Article 13 of the Regulations are violated through the illegal display or posting of advertisements, any illegal 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 Article 30. If a foreign enterprise or the resident representative office of a foreign enterprise violates any of the provisions of the Regulations, 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.
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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 |
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Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Punishment of the Crimes of Catching |
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(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.