1995

PROVISIONS GOVERNING THE LAYING OF SUBMARINE CABLES AND PIPELINES

Category  POSTS AND TELECOMMUNICATIONS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-02-11 Effective Date  1989-03-01  


Provisions Governing the Laying of Submarine Cables and Pipelines



(Adopted by the 32nd Executive Meeting of the State Council on January

20, 1989, promulgated by Decrce No. 27 of the State Council of the People’s
Republic of China on February 11, 1989, and effective as of March 1, 1989)

    Article 1  These Provisions are formulated in order to safeguard the
sovereignty and the rights and interests of the People’s Republic of China,
to carry out rational exploitation of seas and oceans, and to lay in an
orderly way and protect submarine cables and pipelines.

    Article 2  These Provisions shall apply to the layout of submarine
cables and pipelines in such areas as inland seas, territorial seas and
continental shelves under the jurisdiction of the People’s Republic of China,
and also to the investigations and survey of routes and other relevant
activities conducted for the aforesaid engineering projects.

    Article 3  The competent authorities for the administration of the laying
of submarine cables and pipelines in such areas as the said inland seas,
territorial seas and continental shelves, and also for the investigations and
survey of routes and other relevant activities for the aforesaid engineering
projects, shall be the State Oceanographic Bureau of the People’s Republic of
China (hereinafter referred to as “the competent authorities”).

    Article 4  When China’s enterprises or institutions plan to lay submarine
cables and pipelines, they shall file an application with their superior
authorities for examination and approval before they conduct investigations
and survey of routes and other relevant activities for the aforesaid
engineering projects in accordance with these Provisions.

    When foreign companies, enterprises and other foreign economic
organizations or individuals have the necessity to lay submarine cables and
pipelines, and also to conduct investigations and survey of routes and other
relevant activities for the aforesaid engineering projects in the inland seas
and territorial seas of the People’s Republic of China, they shall, in
accordance with these Provisions, apply to the competent authorities for
approval; if they have the necessity to carry out the said activities on the
continental shelves of the People’s Republic of China, they shall notify the
competent authorities in advance, but the routes they have selected and
decided on for laying the cables and pipelines must have the consent of the
competent authorities.

    Article 5  The owners of the submarine cables and pipelines (hereinafter
referred to as “the owners”) shall file a written application with the
competent authorities 60 days before they start the investigations and survey
of routes for laying the submarine cables and pipelines. The written
application shall contain the following:

    (1) the name, nationality, and residence of the owner;

    (2) the name, nationality, and residence as well as the chief
person-in-charge of the unit which will conduct the investigations and survey
of the routes for laying the submarine cables and pipelines;

    (3) the precise geographical areas in which the investigations and survey
are to be conducted for laying the submarine cables and pipelines;

    (4) the time, the items, methods and equipment – including the ship to
be used: its name, nationality, tonnage, and major pieces of equipment and
their functions – for conducting the investigations and survey of routes for
laying the submarine cables and pipelines.

    The competent authorities shall make a reply within 30 days as of the date
of receipt of the application.

    Article 6  After the investigations and survey for laying the submarine
cables and pipelines have been completed, the owners shall submit a report,
delineating the final decision on the routes for laying the submarine cables
and pipelines 60 days before the laying project is started, to the competent
authorities for examination and approval, and the report shall be submitted
together with the following data:

    (1) the purposes of laying the submarine cables and pipelines, the
materials to be used and their properties;

    (2) the precise route chart and position chart of the submarine cables
and pipelines, their starting point and terminal point, their relay points
(stations) and their total length;

    (3) the construction contractor, time and plan for construction, and
technical equipment;

    (4) a report on the repercussions of the cable- and pipeline-laying
engineering project on marine resources and environment;

    (5) other explanatory data.

    The competent authorities shall make a reply within 30 days as of the
date of receipt of the application.

    Article 7  After the completion of the engineering project, the owners
shall submit all the explanatory data, such as the route chart and position
chart of the submarine cables and pipelines, to the competent authorities for
the record, and send duplicates to the harbour superintendency organs.

    When the State needs the relevant technical data for the exploitation of
marine resources or for carrying out administration, the owners have the
obligations to provide the competent authorities with further precise data
concerning the submarine cables and pipelines.

    Article 8  The operations of laying submarine cables and pipelines and the
investigations and surveying activities for the cable- and pipeline-laying
engineering project shall not conducted beyond the approved sea areas; nor
shall operations and activities other than these approved be conducted in the
approved sea areas.

    Article 9  In the event that changes or modifications in the approved
operation plan for laying the submarine cables and pipelines are required
before the operations start or during the operations, the owners shall report
the case to the competent authorities in good time. If the changes or
modifications are of sizable proportions, the competent authorities may take
appropriate measures accordingly, up to ordering the owners to cease the
operations.

    Article 10  With respect to such operations as maintenance, alteration,
dismantling, or abandonment of the submarine cables and pipelines, the owners
shall submit a report on the said operations to the competent authorities in
advance. If a relatively big change is to be effected in the routes of the
submarine cables and pipelines, the owners shall go through the relevant
procedures of application once again.

    When foreign vessels have the necessity to enter China’s inland seas and
territorial seas to carry out activities in the maintenance, alteration, or
dismantling of submarine cables and pipelines, the owners shall, in addition
to going through the procedures as prescribed in the first paragraph of this
Article, submit an application to the administrative department concerned in
China for approval, in accordance with the pertinent provisions of China’s
laws.

    When the damaged submarine cables and pipelines laid on China’s
continental shelves need emergency repairs, foreign maintenance vessels may
enter the site to start the emergency repairs simultaneously with a report
submitted to the competent authorities. However the said operations shall not
impair China’s sovereign rights and jurisdiction.

    Article 11  Operations such as the investigations and surveying activities
for identifying the routes for laying submarine cables and pipelines, the
laying, maintenance, and dismantling, must not hamper the normal order of
marine navigation and transportation.

    The bits and pieces left over from the engineering project of laying
submarine cables and pipelines and from the dismantling project shall be
disposed of carefully and must not hamper the normal order of marine
navigation and transportation.

    Article 12  When the laying of submarine cables and pipelines and other
marine engineering operations require that those submarine cables and
pipelines already laid be moved, prior consultations must be conducted with
the owners of the aforesaid installations and an approval must be obtained
from the competent authorities before the said engineering project starts.

    Article 13  Operators who are engaged in various activities at sea must
protect the submarine cables and pipelines that have already been laid. Those
who have caused damages to the said installations shall make compensations
according to law.

    In the event that disputes arise over the exploitation of the seas and
oceans and the normal functioning of submarine cables and pipelines, the
disputes shall be mediated and handled by the competent authorities.

    Article 14  The competent authorities shall have the power to supervise
and inspect the laying, maintenance, alteration, dismantling and abandonment
of submarine cables and pipelines as well as the relevant investigations and
surveying activities conducted for the laying of submarine cables and
pipelines. The competent authorities may impose on violators of these
Provisions such penalties as warning, fine, up to an order to cease their
operations at sea.

    The specific measures for imposing the penalties as mentioned in the
preceding paragraph shall be formulated by the competent authorities in
conjunction with other competent authorities concerned under the State Council.

    Article 15  The plan for determining the routes for laying submarine
cables and pipelines beyond the petroleum exploitation zones in order to
exploit marine petroleum resources shall be submitted to the competent
authorities prior to the examination and approval of the overall plan for the
exploitation of oil (and gas) fields; and the competent authorities shall give
approval after consultation with the competent state authorities for energy
resources.

    With respect to the laying of submarine cables and pipelines within the
marine petroleum development zones between the drilling platforms or between
drilling platforms and single berthing points, the owners shall, before the
start of the investigations and survey of routes for the laying of submarine
cables and pipelines and the start of cable- and pipeline-laying operations,
submit a report specifying the contents as provided in Article 5 and Article 6
of these Provisions to the competent authorities for the record.

    Article 16  With respect to the operational activities such as laying,
maintenance, alteration, dismantling and abandonment of submarine cables and
pipelines, as well as the investigations and surveying activities conducted
for identifying the routes for laying the submarine cables and pipelines, in
case there are any aspects which are not covered in these Provisions, the
Provisions in other relevant State laws, decrees and regulations shall apply.

    Article 17  The laying of submarine cables and pipelines for military
purposes in the People’s Republic of China shall be handled in accordance with
these Provisions. The armed forces may formulate specific rules for the
implementation of these Provisions.

    Article 18  The competent authorities shall collect data concerning
submarine topography and the distribution of structures at sea in order to
offer consultancy services for laying of submarine cables and pipelines, and
for conducting relevant investigations and surveying activities.

    Article 19  The term “cables”, as used in these Provisions, refers to
communications cables and electric cables; the term “pipelines” refers to the
pipe-shaped conveying and transporting installations used for conveyance of
water, gas, oil and other substances.

    Article 20  The right to interpret these Provisions resides in the State
Oceanographic Bureau of the People’s Republic of China.

    Article 21  These Provisions shall go into effect on March 1, 1989.






PROVISIONAL REGULATIONS ON PAYMENT OF ROYALTY FEES FOR MINING AREAS USED FOR SINO-FOREIGN COOPERATIVE EXPLOITATION OF LAND OIL RESOURCES

PROVISIONS CONCERNING JURISDICTION AND PROCEDURES TO DEAL OUT PUNISHMENT FOR VIOLATIONS OF REGISTRATION ADMINISTRATIVE DECREES BY ENTERPRISES WITH FOREIGN INVESTMENT

19981203

The State Administration for Industry and Commerce

Provisions Concerning Jurisdiction and Procedures to Deal out Punishment for Violations of Registration Administrative Decrees by
Enterprises with Foreign Investment

the State Administration for Industry and Commerce

February 1, 1989

With a view to strengthening supervision and control over the Chinese-foreign equity joint ventures and Chinese-foreign contractual
joint ventures and foreign-capital enterprises (all referred to as enterprises with foreign investment hereinafter), protecting legal
management and dealing out punishment for violations of registration administrative decrees according to the law, the jurisdiction
and procedures for such punishment, in accordance with “Regulations of the People’s Republic of China on Administration of Registration
of Enterprise Legal Persons” and the “Detailed Rules” for its implementation, are defined as follows:

1.

The administrations for industry and commerce at the county (district) level or above all have the right to supervise and examine
the enterprises with foreign investment in the areas that come under their jurisdiction.

2.

The State Administration for Industry and Commerce and the local administrations that are empowered by the former to directly check
and approve the registration of enterprises with foreign investment (hereinafter referred to as empowered local administrations)
all have the right, in accordance with relevant regulations and limits of authority, to deal out punishment for violations of registration
administrative decrees by the enterprises with foreign investment.

Administration for industry and commerce at higher level have the right to rectify the improper decisions of punishment by administrations
for industry and commerce at lower level.

3.

The State Administration for Industry and Commerce examines and deals accordingly with the following enterprises with foreign investment
that violate the registration administrative decrees:

a.

The enterprises with foreign investment that are directly registered at the State Administration for Industry and Commerce;

b.

The enterprises with foreign investment that the State Administration for Industry and Commerce deems it necessary to exercise direct
examination and punishment.

4.

The empowered local administrations examine and deal accordingly with the enterprises with foreign investment that violate the registration
administrative decrees in the areas under their jurisdiction.

Provided that the empowered administrations for Industry and Commerce of the provinces, autonomous regions and municipalities directly
under the Central Government expropriate over Rmb200,000 of the illegal gains by the enterprises with foreign investment, or mete
out a fine of over Rmb20,000, or withdraw the business license, they have to report to the State Administration for Industry and
Commerce for examination and approval.

The limits of authority of the empowered city (prefecture) administrations for industry and commerce over punishment of enterprises
with foreign investment that violate the registration administrative decrees are defined by their respective empowered administrations
for Industry and Commerce of the provinces, autonomous regions and municipalities directly under the Central Government in the light
of specific conditions and in accordance with these regulations and should be reported to the State Administration for Industry and
Commerce for approval.

Provided that the empowered city (prefecture) administrations make decisions of punishment beyond the limits of their authority, they
have to report to their respective administrations for Industry and Commerce of the provinces, autonomous regions and municipalities
directly under the Central Government or the State Administration for Industry and Commerce for examination and approval.

5.

The empowered local administrations have to report their decisions of punishment of enterprises with foreign investment to the State
Administration for Industry and Commerce or relevant administrations for records.

6.

If empowered local administrations deal with violations of enterprises with foreign investment that are not approved and registered
in the locality under their jurisdiction, they have to inform in time the concerned administrations of their decisions.

7.

If county (district) administrations or above that are not empowered with the authority over such punishment detect violations of
registration administrative decrees by enterprises with foreign investment, they should carry out conscientious investigation, propose
a decision of prosecution and defer to administrations at higher level empowered with such authority. The latter must reply within
one month as of the date of receipt of the report. If the decision of punishment go beyond their competence, they should report to
the next superior administration.

8.

The enterprises with foreign investment must not reject the supervision, examination and prosecution by administrations for industry
and commerce according to the law and should implement the decisions of punishment within 15 days as of the date of receipt of the
notice. If they do not accept the decisions, they should appeal for re-examination to administrations at higher level empowered with
such authority within 15 days as of the date of the receipt of the notice. The latter should make its decision of re-examination
within 30 days as of the date of receipt of the appeal. Pending the decision of re-examination, the fines and confiscations should
be executed as has been originally decided upon.

9.

If the enterprises with foreign investment refuse to accept the decisions of re-examination by local administrations or decisions
of punishment or decisions of re-examination by the State Administration for Industry and Commerce, they may bring the suit to the
People’s Court within 30 days as of the date of receipt of the decision of reexamination or decision of punishment. If they do not
appeal nor pay the fine of the confiscated amount of money, the administrations for industry and commerce can, in accordance with
stipulated procedures, inform the banks where they open an account and ask them to transfer the amount.

10.

When the administrations for industry and commerce are examining and dealing with the enterprises with foreign investment that violate
the registration administrative decrees, they should appoint special persons to be in charge and establish relevant records. The
evidence provided by the litigants should be signed and sealed by the litigants. The persons from the administrations for industry
and commerce who are in charge should strictly observe relevant decrees and the disciplines guiding the handling of foreign affairs.
Investigation or examination of enterprises with foreign investment should be conducted by two persons or more who have to show their
“Special ID Cards of the PRC Administration for Industry and Commerce”.

11.

The supervision, administration, jurisdiction over punishment and its procedures concerning the Hongkong, Macao and Taiwan enterprises,
or equity joint or contractual joint ventures with overseas Chinese, Hongkong, Macao and Taiwan compatriots and enterprises with
their sole investment, the projects and businesses contracted by foreign (regional) enterprises and their cooperative development
of domestic natural resources, their permanent offices, branches of foreign (regional) banks and business branches established by
enterprises with foreign investment are executed in accordance with these regulations.

12.

These Provisions shall enter into force as of the date of promulgation.



 
The State Administration for Industry and Commerce
1989-02-01

 







MEASURES FOR THE SUPERVISION AND ADMINISTRATION OF IMPORTED INSTRUMENTS OF MEASUREMENT

Measures of the PRC for the Supervision and Administration of Imported Instruments of Measurement

     (Effective Date:1989.11.04–Ineffective Date:)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II MODEL APPROVAL OF IMPORTED INSTRUMENTS OF MEASUREMENT

CHAPTER III EXAMINATION AND APPROVAL OF IMPORTED INSTRUMENTS OF MEASUREMENT

CHAPTER IV EXAMINATION AND DETERMINATION OF IMPORTED INSTRUMENTS OF MEASUREMENT

CHAPTER V LEGAL LIABILITY

CHAPTER VI SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. These Measures are formulated, in accordance with the pertinent stipulations of the Metrology Law of the People’s Republic of China
and the Rules for the Implementation of the Metrology Law of the People’s Republic of the China, for the purpose of strengthening
the supervision over and administration of imported instruments of measurement.

   Article 2. Any units and individuals that are engaged in the importation of instruments of measurement and any foreign businessmen (including
foreign manufacturers, salesmen, the same hereinafter) or their agents who are engaged in the sales of instruments of measurement
in China must abide by these Measures.

   Article 3. The competent administrative department under the State Council shall be responsible for the supervision over and administration
of imported instruments of measurement. The departments concerned under the State Council and in the local governments shall be responsible
for the actual implementation in keeping with the division of responsibility.

CHAPTER II MODEL APPROVAL OF IMPORTED INSTRUMENTS OF MEASUREMENT

   Article 4. Anyone who wants to import the instruments of measurement listed in the Catalogue of Model Examination of the People’s Republic of
China of Imported Instruments of Measurement attached to these Measures or any foreign businessman who wants to sell these instruments
in China must apply to the competent department in charge of measurement under the State Council for model approval.

Applications for model approval for imported instruments should be submitted by foreign businessmen.

Applications for model approval for instruments sold by foreign businessmen in China should be submitted by the foreign businessmen
or their agents.

The competent department in charge of measurement under the State Council may, according to changes of circumstances, make minor adjustments
of the Catalogue of Model Examination of the People’s Republic of China for Imported Instruments of Measurement.

   Article 5. In applying for model approval, foreign businessmen or their agents must submit model approval applications, photographs of the sample
instruments and necessary technical data to the competent department in charge of measurement under the State Council.

The competent department under the State Council shall conduct examination of the materials submitted by foreign businessmen or their
agents according to the relevant provisions of the measurement law and regulations.

   Article 6. After receiving applications, the competent department under the State Council shall arrange for an authorized technical agency to
conduct design appraisement and inform the foreign businessmen or their agents that should provide the technical agency with sample
instruments and the following technical data:

(1) The technical manuals of the instruments;

(2) The assembly diagrams, structural drawings and circuit diagrams of the instruments;

(3) The documents of technical standards and the methods for examination;

(4) The testing reports on the sample instruments;

(5) The operation instructions.

The sample instruments needed in the design appraisement should be provided free of charge by the foreign businessmen or their agents.
Customs authorities shall inspect and release the instruments on the strength of the letters of guarantee issued by the competent
department in charge of measurement under the State Council and shall impose no customs duties. The sample instruments shall be returned
to the applicants after the appraisements.

   Article 7. Design appraisement shall be conducted in accordance with the requirements laid down in the appraisement outline which is drawn up
by the technical agency responsible for the appraisement according to the Technical Specifications of Design Appraisement for Instruments
of Measurement issued by the competent administrative department under the State Council. Its main content includes inspection of
the exterior, assessment of measurement functions, safety, adaptability to environment, reliability and service life.

   Article 8. The results of the design appraisement shall be reported by the technical agency responsible for the appraisement to the competent
administrative department under the State Council for verification. Those applicants whose instruments have passed such examination
and verification shall be issued with the Certificate of Approval of the People’s Republic of China for Designs of Imported Instruments
of Measurement by the competent administrative department under the State Council and shall be allowed to use the marks and serial
numbers of the People’s Republic of China for design approval on the corresponding instruments and their packages.

   Article 9. The technical agencies responsible for design appraisement and their personnel must keep secret the technical data provided by applicants.

   Article 10. Applications for temporary model approvals for instruments, which fall into any of the following categories, can be made with prior
consent of the competent administrative department under the State Council, which shall stipulate the relevant procedures:

(1) Those instruments reserved for sale after exhibitions;

(2) Those instruments which are indeed urgently needed;

(3) Those instruments whose sale’s volume is extremely small;

(4) Those instruments for which China is incapable of carrying out design appraisement for the time being.

   Article 11. Those instruments of measurement produced in foreign countries which have obtained design approvals in our country shall be made
public by the competent department under the State Council.

CHAPTER III EXAMINATION AND APPROVAL OF IMPORTED INSTRUMENTS OF MEASUREMENT

   Article 12. Applications to import instruments of measurement must be examined and approved according to the procedures stipulated by the state
concerning imported commodities.

The relevant competent administrative department for examination and approval and the special departments in charge of examination
shall conduct examination of official measures for instruments of measurement to be imported, which are listed in the Catalogue of
the People’s Republic of China Concerning Instruments of Measurement Controlled by Law and must ensure that the instruments of measurement
to be imported according to the provisions of Article 4 of these Measures pass model approval. If the relevant instruments fail to
pass the examination, the department responsible for examination and approval may not approve of import of them and foreign trade
department may not order the goods.

The Customs shall inspect and release imported instruments of measurement on the strength of the documents of approval issued by the
department responsible for examination and approval.

Article. 13. Application, as required by special needs, to import instruments of non-official measures or those instruments which
have been prohibited by the State Council must be subject to approval of the administrative department for measurement under the
State Council.

   Article 14. The units which apply to import instruments of nonofficial measures or those instruments which have been prohibited by the State
Council should provide the following materials and documents to the administrative department for measurement under the State Council.

(1) Application;

(2) The functions and technical standards of the instruments;

(3) The photographs and operation instructions of the instruments;

(4) The documents of approval issued by the competent authorities above the applying units.

CHAPTER IV EXAMINATION AND DETERMINATION OF IMPORTED INSTRUMENTS OF MEASUREMENT

   Article 15. Those units which import, for sale on the domestic market, instruments as listed in the Catalogue of the People’s Republic of China
Concerning the Instruments of Measurement Controlled by Law must, after the inspection and release by the Customs, apply for examination
and determination to the administrative department for measurement in the people’s governments of their respective provinces, autonomous
regions or municipalities directly under the Central Government. If it cannot be done locally, they may apply to the administrative
department for measurement under the State Council for examination and determination.

   Article 16. The government administrative departments for measurement which deal with applications for examination and determination of imported
instruments of measurement shall appoint agencies for prompt measurement examination and determination. If the instruments pass the
examination and determination, the government administrative departments shall issue certificates of examination and determination
and certificates of quality or affix stamps and allow their sales.

   Article 17. The units ordering such instruments shall report the result of examination and determination to the local commodity inspection agencies.
In case the instruments fail to pass the examination and determination and therefore give rise to the necessity to claim compensation
from foreign suppliers, the units should apply in time to the local commodity inspection agencies for re-inspection certificates.

   Article 18. Those instruments of measurement which are imported for purposes other than sales shall be dealt with according to the measures stipulated
by the State concerning inspection of ordinary imported commodities.

CHAPTER V LEGAL LIABILITY

   Article 19. Those who violate the provisions of these Measures by importing instruments of measurement of non-official measures or other instruments
prohibited by the State Council shall be investigated for legal liabilities in accordance with the provisions of Article 44 of the
Rules for the Implementation of the Metrology Law of the People’s Republic of China.

   Article 20. Those who import and sell the instruments of measurement which have not been examined and determined by the agencies for measurement
examination and determination designated by the administrative departments in charge of measurement in the people’s governments above
provincial level shall be investigated for legal liabilities in accordance with the provisions of Article 50 of the Rules for the
Implementation of the Metrology Law of the People’s Republic of China.

   Article 21. If anyone or any units violate the provisions of Article 4 of these Measures by importing or selling those instruments of measurement
which have not obtained the model approval by the administrative department for measurement under the State Council, the administration
departments in charge of measurement have the right to seal up their instruments, order them to go through the formalities for model
approval and may also impose a fine of less than 30% of the import volume or the sales volume.

   Article 22. Technical agencies responsible for design appraisement for imported instruments of measurement that have violated the provisions
of Article 9 of these Measures shall be investigated for legal liabilities in accordance with the provisions of Article 58 of the
Rules for the Implementation of the Metrology Law of the People’s Republic of China.

CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 23. The supervision over and administration of the instruments of measurement which form a part of complete sets of equipment introduced
from abroad and the instruments imported for purposes other than sale on the domestic market shall be conducted according to the
relevant stipulations of the state.

   Article 24. The applications, certificates and types of marks related to these Measures shall all be formulated by the competent department under
the State Council.

   Article 25. Fees for model approval, design appraisement and measurement examination and determination for imported instruments of measurement
should be paid in accordance with the relevant stipulations of the State.

   Article 26. The supervision over and administration of imported standard substances used in unifying measure values may be conducted with reference
to these Measures.

   Article 27. These Measures shall be interpreted by the administrative department for measurement under the State Council.

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

Appendix: The Catalogue of Model Examination of the People’s Republic of China for Imported Instruments of Measurement

1. Weighing apparatus (including scales)

2. Sensors

3. Sound meters

4. Surveying machines with three coordinates

5. Surveying instruments for roughness of surface

6. Geodesic instruments

7. Calorimeters

8. Flowmeters (including water meters and gas meters)

9. Pressure gauges (including sphygmomanometers)

10. Thermometers

11. Digital voltmeters

12. Field intensity meters

13. Electrocardiographs and electroencephalographs

14. MOnitors for toxic gases, dust and water pollution

15. Ionospheric radiation protectors

16. Spectrometers (including meters for ultraviolet rays, infrared rays and visible lights)

17. Gaseous phase and liquid phase chromatographs

18. Instruments for measuring temperature and moisture content

    






DECISION OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE PROPOSAL SUBMITTED FOR DELIBERATION BY THE STATE COUNCIL ON AUTHORIZING THE MUNICIPALITY OF SHENZHEN TO FORMULATE REGULATIONS AND RULES FOR THE SHENZHEN SPECIAL ECONOMIC ZONE

Category  SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1989-04-04 Effective Date  1989-04-04  


Decision of the National People’s Congress Regarding the Proposal Submitted for Deliberation by the State Council on Authorizing
the Municipality of Shenzhen to Formulate Regulations and Rules for the Shenzhen Special Economic Zone

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

on April 4, 1989)

    Having considered the proposal submitted by the State Council for
authorizing the People’s Congress of the Municipality of Shenzhen and its
Standing Committee and the People’s Government of Shenzhen to formulate
regulations and rules respectively for the Shenzhen Special Economic Zone, the
Second Session of the Seventh National People’s Congress decides that the
Standing Committee of the National People’s Congress shall be authorized to
deliberate the above proposal submitted by the State Council and make
appropriate decisions after the People’s Congress of the Municipality of
Shenzhen and its Standing Committee are formed through election according to
law.






ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

Law of the PRC on Assemblies,Processions and Demonstrations

    

(Adopted at the Tenth Meeting of the Standing Committee of the Seventh National People’s Congress on October 31, 1989,
promulgated by Order No.20 of the President of the People’s Republic of China on October 31, 1989 and effective as of the same
date)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II APPLICATION AND PERMISSION FOR ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

CHAPTER III THE HOLDING OF ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

CHAPTER IV LEGAL RESPONSIBILITY

CHAPTER V SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. Pursuant to the Constitution, this Law is enacted to safeguard citizens’ exercise of their right to assembly, procession
and demonstration according to law and to maintain social stability and public order.

   Article 2. This Law shall apply to assemblies, processions and demonstrations held within the territory of the People’s
Republic of China.

The term ” assembly ” used in this Law means an activity in which people gather at a public place in the open air to
express views or aspirations.

The term ” procession ” used in this Law means an activity in which people line up for a march along a public road or
across a public place in the open air to express their common aspirations.

The term ” demonstration ” used in this Law means an activity in which people express their common aspirations, including
demands, protests, support or moral support, in the manner of an assembly, a procession, a sit in, etc., at a public place
in the open air or along a public road.

This Law shall not apply to recreational or sports activities. normal religious activities or traditional folk events.

   Article 3. The citizen’ exercise of their right to assembly, procession and demonstration shall be safeguarded by the people’s governments
at all levels in accordance with the provisions of this Law.

   Article 4. In exercising their right to assembly, procession and demonstration, citizens must abide by the Constitution and
the laws, shall not oppose the cardinal principles specified in the Constitution and shall not impair state, public
or collective interests or the lawful freedoms and rights of other citizens.

   Article 5. An assembly, a procession or a demonstration shall be held in a peaceful manner; no weapons, controlled cutting tools or
explosives shall be carried, and no violence employed.

   Article 6. The competent authorities governing assemblies, processions and demonstrations shall be the municipal public security
bureaus, county security bureaus or municipal public security sub-bureaus in the localities where the assemblies, processions
and demonstrations are held; if the route of a procession or demonstration cuts through two or more districts
or counties, the competent authorities thereof shall be the public security organ at the next higher level to the
public security organs in such districts or counties.

CHAPTER II APPLICATION AND PERMISSION FOR ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

   Article 7. For the holding of an assembly, a procession or a demonstration, application must be made to and permission obtained
from the competent authorities in accordance with the provisions of this Law.

It shall not be necessary to apply for the following activities:

(1) celebrations or commemorative activities held by the state or by state decisions; and

(2) assemblies held by state organs, political parties, public organizations, enterprises or institutions
in accordance with law or the relevant articles of association.

   Article 8. There must be a person or persons responsible for the holding of an assembly, a procession or a demonstration.

For the holding of an assembly, a procession or a demonstration for which an application has to be made under
this Law, the responsible person(s) must submit an application in writing to the competent authorities five days prior
to the date of the activity. The application shall specify the purposes of the assembly, procession or demonstration,
how it is going to be conducted, the posters and slogans to be used, the number of participants, the number
of vehicles, the specifications and quantities of the sound facilities to be used, the starting and finishing time,
the places (including places where the participants assemble and disperse), the route, and the name(s), occupation(s) and
address(es) of the person(s) responsible for the assembly, procession or demonstration.

   Article 9. After receiving an application for an assembly, a procession or a demonstration, the competent authorities shall inform the
responsible person(s) in writing of their decision to grant or not to grant permission two days prior to the date of
the activity applied for. If no permission is granted, the reasons thereof shall be given. Failure to serve notice within the
time limit shall be construed as the granting of permission.

If an assembly, a procession or a demonstration is truly necessitated by unexpected occurences, a report
must be made immediately to the competent authorities; upon receiving the report, the competent authorities shall immediately
examine it and decide to grant or not to grant permission.

   Article 10. If an application is made for an assembly, a procession or a demonstration which will press for the settlement of specific
issues, the competent authorities may, after receiving the application, inform the departments or units concerned
to resolve such issues through consultation with the person(s) responsible for the assembly, procession
or demonstration, and may also postpone for five days the starting date specified in the application.

   Article 11. If the competent authorities are of the opinion that the holding of an assembly, a procession or a demonstration at
the time or place or along the route specified in the application will seriously affect traffic and public order, they
may, upon or after granting permission, change the time, place or route and inform the responsible person(s) of the change
in good time.

   Article 12. No permission shall be granted for an application for an assembly, a procession or a demonstration which involves one
of the following circumstances:

(1) opposition to the cardinal principles specified in the Constitution;

(2) harming the unity, sovereignty and territorial integrity of the state;

(3) instigation of division among the nationalities; or

(4) the belief, based on sufficient evidence, that the holding of the assembly, procession or demonstration that
is being applied for will directly endanger public security or seriously undermine public order.

   Article 13. If the person(s) responsible for an assembly, a procession or a demonstration does not accept the competent authorities’
decision not to grant permission, he may apply to the people’s government at the same level for reconsideration within
three days of receiving the notice on the decision, and the people’s government shall make a decision within three days
of receiving the application for reconsideration.

   Article 14. The person(s) responsible for an assembly, a procession or a demonstration may withdraw his application after submitting
it and before receiving a notice of the competent authorities; if a decision is made to call off the assembly,
procession or demonstration after receipt of the competent authorities’ notice on the granting of
permission, the responsible person(s) concerned shall inform the competent authorities of the decision in
good time and dismiss the participants if they have assembled.

   Article 15. No citizens shall, in a city other than his place of residence, start, organize or participate in an assembly, a procession
or a demonstration of local citizens.

   Article 16. No functionary of a state organ shall organize or participate in an assembly, a procession or a demonstration
which contravenes the functions and obligations of functionaries of state organs as prescribed in relevant laws
and regulations.

   Article 17. If anyone organizes or participates in an assembly, a procession or a demonstration in the name of a state
organ, a public organization, an enterprise or an institution, he must first obtain approval from its leaders.

CHAPTER III THE HOLDING OF ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

   Article 18. With respect to an assembly, a procession or a demonstration held in compliance with law, the competent authorities
shall dispatch the people’s police to keep traffic and public order and ensure the smooth progress of the assembly, procession
or demonstration.

   Article 19. An assembly, a procession or a demonstration held in compliance with law shall not be disturbed, broken into or disrupted
by anybody by violence, coercion or any other illegal means.

   Article 20. In order to ensure the progress of a procession held in compliance with law, the people’s police responsible for keeping
traffic order may temporarily exercise flexibility in their execution of the relevant provisions of traffic regulations.

   Article 21. If it becomes impossible for a procession to follow the permitted route because of unexpected circumstances occurring
on the way, the chief police officer present at the scene shall have the authority to change the route of the procession.

   Article 22. If an assembly, a procession or a demonstration is held in or passes by places where state organs, military organs, radio
stations, television stations or foreign embassies or consulates are located, the competent authorities may,
with a view to keeping order, establish temporary security lines, which shall not be crossed without permission by the
people’s police.

   Article 23. No assembly, procession or demonstration shall be held within a peripheral distance of 10-300 metres from the following
places, with the exception of those approved by the State Council or the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government:

(1) premises of the Standing Committee of the National People’s Congress, the State Council, the Central Military
Commission, the Supreme People’s Court and the Supreme People’s Procuratorate;

(2) places where state guests are staying;

(3) important military installations; and

(4) air harbours, railway stations and ports.

The specific peripheral distances from the places listed in the preceding paragraph shall be defined by the people’s
governments of provinces, autonomous regions and municipalities directly under the Central Government.

   Article 24. The time for holding an assembly, a procession or a demonstration shall be limited to 6 a.m.-10 p.m., with
the exception of those held by decision or approval of the local people’s governments.

   Article 25. An assembly, a procession or a demonstration shall be conducted in accordance with the purposes, manners, posters,
slogans, starting and finishing time, places, routes and other matters for which permission has been granted.

The person(s) responsible for an assembly, a procession or a demonstration must assume responsibility for maintaining
the order thereof and strictly guard against participation by others.

The person(s) responsible for an assembly, a procession or a demonstration shall, when necessary, appoint special
personnel to assist the people’s police in maintaining order. The personnel responsible for the maintenance of
order shall wear identification marks.

   Article 26. The holding of an assembly, a procession or a demonstration shall not contravene the regulations on public security administration
and shall not involve criminal activities or the instigation of crimes.

   Article 27. The people’s police shall stop an assembly, a procession or a demonstration that is being held, if it involves one
of the following circumstances:

(1) failure to make an application in accordance with the provisions of this Law or to obtain permission for the application;

(2) failure to act in accordance with the purposes, manners, posters, slogans, starting and finishing time, places
and routes permitted by the competent authorities; or

(3) the emergence, in the course of the activity, of a situation which endangers public security or seriously undermines
public order.

If any of the circumstances specified in the preceding paragraph occurs and the instruction to stop the activity
is ignored, the chief officer of the people’s police present at the scene shall have the authority to order a dismission;
for those who refuse to dismiss, the chief police officer present at the scene shall have the authority to decide, in
accordance with relevant state provisions, on the adoption of necessary measures to force a dismission and to take away
from the scene by force those who refuse to obey or detain them at once.

If a participant in an assembly, a procession or a demonstration crosses the temporary security lines established in
accordance with the provisions of Article 22 of this Law, enters a certain peripheral space around the specific
places where no assemblies, processions and demonstrations shall be held as specified in Article 23 of this Law, or
commits other illegal or criminal acts, the people’s police may take him away from the scene by force or detain him
at once.

CHAPTER IV LEGAL RESPONSIBILITY

   Article 28. Those who commit acts in violation of public security administration in the process of an assembly, a procession
or a demonstration shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties
for Public Security.

The public security organ may punish by warning or by criminal detention of not more than 15 days the responsible
person(s) and the person(s) who is directly responsible, if an assembly, a procession or a demonstration that is
being held involves one of the following circumstances:

(1) failure to make an application in accordance with the provisions of this Law or to obtain permission for the application;
or

(2) failure to act in accordance with the purposes, manners, posters, slogans, starting and finishing time, places,
and routes permitted by the competent authorities, and disregard of instructions to stop acting without permission.

   Article 29. Any participant in an assembly, a procession or a demonstration who commits a crime shall be investigated for
criminal responsibility in accordance with the relevant provisions of the Criminal Law.

Any participant in an assembly, a procession or a demonstration who carries weapons, controlled cutting tools or explosives
shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 163 of the
Criminal Law.

In a case where no application has been made for an assembly, a procession or a demonstration in accordance with
the provisions of this Law or no permission has been granted for the application or where it is conducted not in
accordance with the starting and finishing time, places and routes permitted by the competent authorities, while
the order of dismission is disobeyed and public order seriously undermined, the person(s) responsible for the assembly,
procession or demonstration and the person(s) who is directly responsible shall be investigated for criminal
responsibility in accordance with the provisions of Article 158 of the Criminal Law.

In a case where an assembly, a procession or a demonstration leads to the siege of a state organ or people breaking
into it, preventing it from conducting its business or state activities normally, the person(s) responsible for
the assembly, procession or demonstration and the person(s) who is directly responsible shall be investigated
for criminal responsibility in accordance with the provisions of Article 158 of the Criminal Law.

In a case where an assembly, a procession or a demonstration leads to the occupation of public places, the interception
of vehicles or pedestrians or the gathering of crowds to block traffic, so that order at public places and traffic
order are seriously undermined, the person(s) responsible for the assembly, procession or demonstration and
the person(s) who is directly responsible shall be investigated for criminal responsibility in accordance with the provisions
of Article 159 of the Criminal Law.

   Article 30. Those who disturb, break into or undermine by other means an assembly, a procession or a demonstration held in
compliance with law may be punished by the public security organ by warning or by criminal detention of not more than
15 days; if the circumstances are serious and a crime is constituted, they shall be investigated for
criminal responsibility in accordance with the relevant provisions of the Criminal Law.

   Article 31. If a party refuses to accept the decision on punishment by detention made in accordance with the provisions of the second
paragraph of Article 28 or Article 30 of this Law, he may appeal to the public security organ at the next higher level
within five days of receiving the notice on the decision on punishment; the public security organ at the next higher
level shall make a decision within five days of receiving the appeal; if the party refuses to accept the decision
of the public security organ at the next higher level, he may institute proceedings in the people’s court within five days of
receiving the notice on the decision.

   Article 32. Anyone who, in the course of an assembly, a procession or a demonstration, damages public or private property or
causes injuries or deaths to others shall be liable for compensation according to law, apart from being
punished in accordance with the relevant provisions of the Criminal Law or the Regulations on Administrative Penalties
for Public Security.

   Article 33. If a citizen, in a city other than his place of residence, starts or organizes an assembly, a procession or a demonstration
by local citizens, the public security organ shall have the authority to detain him or send him back by force to his place
of residence.

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 34. This Law shall apply to assemblies, processions and demonstrations held by foreigners within the territory of China.

Foreigners in the territory of China may not, without approval by the competent authorities, participate in an
assembly, a procession or a demonstration held by Chinese citizens.

   Article 35. The public security department under the State Council may, in accordance with this Law, formulate rules of implementation,
which shall go into effect after being submitted to and approved by the State Council.

The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under
the Central Government may, in accordance with this Law, formulate measures for implementation.

   Article 36. This Law shall enter into force on the date of promulgation.

    






RULES FOR THE IMPLEMENTATION OF FRONTIER HEALTH AND QUARANTINE LAW

Rules for the Implementation of Frontier Health and Quarantine Law of the People’s Republic of China

     Beijing,September 30chinacourt.org)   (Approved by the State Council on February 10, 1989 and promul-gated by Decree No.2 of the Ministry of Public Health on March 6, 1989)

Chapter I General Provisions

   Article 1 These Implementation Rules are formulated in accordance with the Frontier

Health and Quarantine Law of the People’s Republic of China (hereinafter referred to as “the Frontier Health and Quarantine Law).

   Article 2 For the purpose of the Frontier Health and Quarantine Law and these Implementation Rules, the definitions of the following terms
are:”Inspection” means that the Frontier Health and Quarantine Organ (hereinafter referred to as the “Health and Quarantine Organ”)
carries out medical inspection and sanitary inspection. “Quarantinable Epidemic Victim” means a person who suffers from quarantinable
infectious disease or a person who has been proved through primary diagnosis by the Health and Quarantine organ to have caught the
quarantinable infectious disease or have become an incubation carrier. “Quarantinable Epidemic Suspect” means a person who has been
exposed to the quarantinable epidemic environment and may transmit quarantinable infectious diseases. “Isolation” means that a person
affected by a quarantinable epidemic disease is being detained in a designated place for medical treatment until there is no longer
any risk of spreading the disease. “Check-up detention” means that a suspect carrier of a quarantinable epidemic disease is being
detained in a designated place for diagnosis and check-up. “On-site clinical check-up” means that a person is required to go to the
nearest health and quarantine organ or medical treatment unit for diagnosis and check-up within a specific period of time set by
the health and quarantine organ or that the person is visited by people either from the health and quarantine organ or from the medical
treatment unit for diagnosis and check-up. “Transportation facility” means cargo containers. “Sanitization” means both medical measures,
including isolation, check-up detention and on-site clinical check-up; and “sanitary measures” including disinfection, deratization,
and deinsectization. “To monitor epidemic diseases” means to carry out survey in a specific environment and among specific groups
of people on matters relating to epidemiology, serology, etiology, and clinical symptoms; and to make prognostication of the incidence,
development and spread of an epidemic disease. “Health supervision” means the sanitary inspection, identification, evaluation and
sampling conducted in the implementation of the health law and hygienic standard. “Conveyance” means vessels, aircraft, trains and
other motor vehicles. “Frontier ports” means international seaports, airports, railway or bus terminals on the border, and ports
of entry at land frontiers and boundary rivers.

   Article 3 Duty range for health and quarantine organs on the frontier shall cover those hotels, restaurants and clubs on the frontier and those
units that provide food or services for the incoming or outgoing conveyance and those places where quarantine inspection, sanitary
monitoring and health supervision on the incoming or outgoing persons, conveyance, containers and goods are carried out.

   Article 4 All persons, conveyance and containers, as well as articles such as baggage, goods, postal parcels that may transmit quarantinable
diseases are subject to quarantine inspection upon entering or exiting the country in accordance with these Rules, and entry and
exit shall be allowed to them only after an approval is issued by the health and quarantine office.

   Article 5 When a quarantinable epidemic victim is discovered by the health and quarantine organ, measures must be taken promptly in accordance
with the rules stipulated in Chapter VIII of these Rules to place him in isolation and prevent other persons from being infected.
When a quarantinable epidemic suspect is found by the health and quarantine organ, he shall be dealt with in accordance with the
rules stipulated in Chapter VIII. As for those suspects suffering from contagious diseases other than plague, cholera and yellow
fever as defined in Chapter VIII of these Rules, they shall be subject to on-site clinical check-up or check-up detention as well
as other measures of sanitization for a period of time not exceeding the longest incubation period of that contagious counting from
the day they left the infected environment.

   Article 6 Health and quarantine organs are required to bar any quarantinable epidemic victims or suspects from exit, with the exception of
those who come from abroad and have undergone on-site clinical check up on arrival. These persons can leave the port if they wish
to; if they leave in conveyance, quarantine physicians are required to annotate and comment on their Exit Quarantine Certificates
and to inform the person in charge of the conveyance to take the necessary precautionary measures.

   Article 7 When a death due to an unidentified cause other than accidental harm is discovered at a frontier port, the corpse shall be subject
to quarantine inspection and only after an entry or exit permit is granted can the corpse be removed.

   Article 8 When a quarantine infectious disease or a disease suspected to be quarantinable or a death due to an unidentified cause other than
accidental harm is discovered on conveyance from a domestic pestilence area or in the course of a domestic voyage, the persons in
charge of the conveyance are required to make a report to the health and quarantine organ on arrival at the frontier port and undergo
preliminary quarantine inspection.

   Article 9 In times when quarantinable infectious diseases are prevailing at home or abroad, the administrative department of health under the
State Council shall report the situation to the State Council for decisions on taking the following precautionary measures, partially
or totally, in quarantine inspection:

(1) giving orders to blockade relevant sections of the border and frontier water course;

(2) giving orders that certain articles must be disinfected or treated with insecticides before they are allowed in or out of the
country;

(3) giving orders to prohibit shipment, in or out, of certain articles;

(4) giving orders to designate the primary sea-ports and airports. Those vessels or aircraft from foreign pestilence areas, without
going through quarantine inspection at the primary sea-port or airport, shall not be permitted to get into any other sea-port or
airport, with the exception of cases of accidents or other special reasons.

   Article 10 Upon the arrival of containers, goods, or discarded used materials at the port ready for shipping in or out, the shipper, the carrier’s
agent or the consignor is required to report to the health and quarantine organ for inspection. Containers, goods, or used materials
that come from pestilence area or have been contaminated by an epidemic disease or are likely to spread quarantinable epidemic diseases
or are found to have carried rodents which affect human health and vectors are required to undergo disinfection, deratization, deinsectization
and other necessary sanitization process. If the owner of the containers, goods or discarded used materials asks to go through quarantine
inspection or sanitization in other places, the health and quarantine organ shall provide convenience and carry out the task in accordance
with regulations. The Customs office shall let them pass after checking the sanitization certificate issued by the health and quarantine
organ.

   Article 11 Special articles which enter or leave the country such as microzoaria, human tissue, biological, blood and hemoproducts shall be
subject to health and quarantine inspection. The carrier, the shipper or the parcel sender of the above mentioned articles is required
to declare at the health and quarantine organ for inspection. Without permission by the health and quarantine organ, there shall
be no entry or exit of such articles. The Customs office shall let them pass after checking the Certificate of Approval for Special
Articles issued by the health and quarantine organ.

   Article 12 Luggage and other articles carried along by incoming or outgoing passengers or staff members or by means of registered shipment that
may spread quarantinable epidemic diseases, are required to undergo hygienic examination. The health and quarantine organ shall exercise
sanitization or destruction of the foods, drinks and aquatic products that come from the pestilence area or have been contaminated
with epidemic diseases and issue a sanitization certificate. The customs office shall let them pass after checking the sanitization
certificate issued by the health and quarantine organ.

   Article 13 When the health and quarantine organ conducts health examination and sanitization of the registered parcels, the postal unit is required
to offer cooperation. Without permission by the health and quarantine organ, the postal unit may not ship the parcels.

   Article 14 The health administrative department under the State Council is the organ of authority for making the various kinds of health and
quarantine forms, certificates as well as for their issuance.

Chapter II Report of Epidemic Situation

   Article 15 On discovering at, or on a conveyance at a frontier port a quarantinable infectious disease, a disease suspected to be quarantinable
or a death due to an unidentified cause other than accidental harm, the relevant departmentat the frontier port and the person in
charge of the conveyance must report immediately to the health and quarantine office.

   Article 16 When the health and quarantine organ has discovered any quarantinable epidemic cases or monitored epidemic diseases or any disease
suspected to be quarantinable, it must inform the local health administrative unit and the epidemic prevention unit. When a quarantinable
disease is discovered, it must be promptly reported to the health administrative department under the State Council. On the other
hand, if the local epidemic prevention unit has discovered any quarantinable epidemic cases or monitored epidemic diseases, it must
keep the health and quarantine organ informed about the matter.

   Article 17 At the time when any quarantinable epidemic disease is prevalent in certain regions at home or abroad, the health administrative
department under the State Council may declare the regions as pestilence areas.

Chapter III Health and Quarantine Organs

   Article 18 The health and quarantine organ may set up its agent organ if necessary. The setting up, amalgamation or dissolution of any health
and quarantine organ shall be decided by the health administrative department under the State Council.

   Article 19 The studies of the health and quarantine organ are as follows: (1) enforce “The Frontier Health and Quarantine Law” and the rules
for implementation of this law as well as other state regulations concerning public health;

(2) collect, analyze information and report about the occurrence, prevalence and the cessation of quarantinable epidemic diseases
at the frontier port or abroad;

(3) exercise sanitary supervision at the frontier port and conduct quarantine inspection, epidemic disease monitoring, sanitary control
and sanitization to the conveyances, passengers, containers, corpses, human bones as well as luggage, goods, postal parcels that
may spread quarantinable epidemic diseases;

(4) carry out health and quarantine inspection of any special articles such as exported or imported microzoaria, biological, human
tissue, blood and hemoproducts as well as some animals that may spread human epidemic diseases;

(5) offer services in preventive inoculation, physical check-up, medical treatment, consultancy on hygiene and health for international
travellers;

(6) issue health and quarantine certificates;

(7) make epidemiological survey and carry out scientific experiments;

(8) fulfil other tasks assigned to it by the health administrative department under the State Council.

   Article 20 Duties of the frontier health supervisor:

(1) exercise sanitary control and carry out publicity on hygiene and health to the conveyances at the frontier port or parked on the
border waiting for exit or entry;

(2) give technical guidance in sanitization, such as disinfection, deratization and deinsectization;

(3) make investigation into the cases that has caused the spread of epidemic diseases and the proliferation of rodent, vector insects,
food-poisoning and food-borne contamination, and suggest control measures.

   Article 21 When performing its duties, the health and quarantine inspector and border health supervisor are required to wear their quarantine
uniform and their quarantine budges. Their conveyances at work are required to bear quarantine flags. The design of quarantine uniform,
sign and flag and their uses shall be determined jointly by the health administrative department under the State Council and other
departments concerned, subject to ratification by the State Council.

Chapter IV Seaport Quarantine

   Article 22 Quarantine inspection for incoming vessels must be carried out at

quarantine anchorage or at the designated place approved by the health and quarantine organ. Quarantine anchorage shall be decided
jointly by the harbour superintendency administration and the health and quarantine organ. A report about the decision shall be presented
to the transportation department and the health administration department under the State Council for the record.

   Article 23 Prior to the arrival of the vessel subject to entry quarantine inspection, the shipping agent is required to inform the health and
quarantine organ at the earliest possible time of the following matters:

(1) name and nationality of the vessel, scheduled date and time of arrival at the quarantine anchorage;

(2) port of departure and port of last call;

(3) number of crew and passengers;

(4) type of cargo.

The harbour superintendency administration must inform the health and quarantine organ at the earliest possible time of the scheduled
arrival date and time of the vessel at the quarantine anchorage.

   Article 24 In the course of navigation, if a quarantinable epidemic disease, a disease suspected to be quarantinable, or a death due to an unidentified
cause other than accidental harm is discovered, the captain must make a prompt report to the health and quarantine organ about the
following matters:

(1) name and nationality of the vessel, scheduled date and time of arrival at the quarantine anchorage;

(2) port of departure and port of final call;

(3) number of crew and passengers;

(4) type of cargo;

(5) name of disease or principal symptoms, number of cases and deaths;

(6) whether there are any vessel doctors on board the vessel.

   Article 25 All vessels subject to entry quarantine inspection are required to hoist quarantine signals ready for inspection. Without getting
an Entry Quarantine Permit issued by the health and quarantine organ, the quarantine signals shall not be lowered. In the day time,
an international signal flag shall be put up at a conspicuous place on the vessel:

(1) The “Q” sign flag means that the vessel is free from quarantinable epidemic diseases, and is applying for an Entry Quarantine
Permit;

(2) The “QQ” sign flag means that the vessel has on board a quarantinable epidemic disease or a disease suspected to be quarantinable
and asks for instant quarantine sanitization. During the night, a light-signal shall be put up vertically at a conspicuous place
on the vessel:

(1) Three red lights indicate that the vessel is free from quarantinable epidemic disease and is applying for an Entry Quarantine
Permit;

(2) Four lights in the order of Red-Red-White-Red indicate that the vessel has been contaminated by a quarantinable epidemic disease
or a disease suspected to be quarantinable and asks for instant quarantine sanitization.

   Article 26 No persons other than navigation pilot and those approved by the health and quarantine organ shall be allowed to get on board the
vessel(s) with quarantine flag or light signal(s); no unloading of luggage, cargo, postal parcels shall be allowed; no other vessel
shall be allowed to get close; no crew member shall be allowed to leave the vessel without the approval by the health and quarantine
organ, unless the vessel is in distress. The navigation pilot shall not guide the vessel(s) away from the quarantine anchorage.

   Article 27 Vessel(s) applying for quarantine inspection by telecommunication must first submit an application to the health and quarantine organ.
A sanitary certificate shall be issued to the qualified vessel(s) which may apply for telecommunicated quarantine inspection within
12 months as of the issuance of the certificate.

   Article 28 The vessel with valid sanitary certificate must make a report, twenty-four hours prior to its arrival, to the health and quarantine
organ about the following matters:

(1) name and nationality of the vessel, scheduled date and time of arrival at the quarantine anchorage;

(2) port of departure and port of last call;

(3) number of crew and passengers and their state of health;

(4) type of cargo;

(5) date of issuance and number of the vessel’s sanitary certificate; date and port of issuance of the deratization certificate or
a deratization laissez-passer, as well as other sanitary documents.

Upon approval of the above report, the vessel(s) may enter the port.

   Article 29 Entry quarantine inspection of vessel(s) shall be conducted between sunrise and sunset. Round-the-clock quarantine inspection shall
be conducted on vessel(s) at the port which have night navigation conditions for docking and unloading of cargo. No night-time quarantine
inspection shall be conducted on vessel(s) from pestilence areas.

   Article 30 The captain of the entry vessel is required to show the quarantine physician on board the vessel health declaration, crew member
list, passenger manifest and cargo declaration, signed by the captain or the vessel physician, and a deratization certificate or
a deratization laissez-passer. During the inspection, the quarantine physician has the right to read the deck logbook and other related
documents; he may ask for detailed information about the sanitary situation of the vessel during its navigation course, if he considers
it necessary and the captain or the vessel physician must give the true facts. The answers in written form must bear the signature
of the captain and that of the vessel physician.

   Article 31 After completion of entry quarantine inspection of the vessel, the quarantine physician is required to sign and issue an Entry Quarantine
Permit without delay; if the vessel needs to go through sanitization or is subject to certain restrictions, a footnote and signature
must be made on

the Permit and measures shall be taken accordingly; if the vessel is contaminated or is suspected to be contaminated with a quarantine
disease, the harbour superintendency administration shall be informed and a sanitization notice shall be given to the vessel. The
navigation pilot and those persons approved by the health and quarantine organ are required to undergo sanitization together with
crew members and passengers. The Entry Quarantine Permit shall be issued to the vessel only after the necessary sanitization is completed.
Having received the Entry Quarantine Permit issued by the health and quarantine organ, the quarantine flag and light signal(s) may
be lowered.

   Article 32 Before departure of an exit vessel, the shipping agent is required to inform the health and quarantine organ at the earliest possible
time of the following matters:

(1) name and nationality of vessel and scheduled date and time of departure;

(2) destination port and primary departure port;

(3) crew member list and passenger manifest;

(4) type of cargo.

The harbour superintendency administration is required to notify the health and quarantine organ at the earliest possible time of
the fixed date and time of departure of the exit vessel(s). If there is no change in crew members and passengers, the vessel receiving
entry and exit quarantine inspections at the same port may get a P.W.E. If there is a change in crew members or passengers, revised
manifest shall be required.

   Article 33 The captain of the vessel receiving exit quarantine inspection is required to show the deratization certificate or the deratization
laissez-passer and other related quarantine documents to the health and quarantine organ. The quarantine physician may ask the captain
or the vessel physician for

further details about the state of health of the crew members and the passengers as well as the sanitary situation on the vessel;
the captain and the vessel physician are required to give true-to-fact answers.

   Article 34 Upon completion of quarantine inspection on an exit vessel, the quarantine physician must sign and issue an Exit Quarantine Permit
without delay. If the vessel cannot yet sail at the scheduled time due to sanitization, the health and quarantine organ is required
to notify the harbour superintendency administration immediately.

   Article 35 After quarantine inspection on an exit vessel is completed, no persons other than the navigation pilot and those approved by the
health and quarantine organ shall be allowed to go on board the vessel, no loading and unloading of luggage, cargo or postal parcels
shall be allowed. Any violation of the rules may cause the vessel to undergo quarantine reinspection.

Chapter V Airport Quarantine

   Article 36 Aircraft shall be prohibited from dumping or be allowed to drop any articles that may spread epidemic diseases while flying.

   Article 37 The aviation station that conducts health and quarantine inspection is required to inform the health and quarantine organ at the
earliest possible time of the following matters:

(1) nationality, make, number and markings of the aircraft and its scheduled arrival time;

(2) departure airport, stop-over airport and destination airport;

(3) number of crew members and passengers.

   Article 38 In the course of flight, if any quarantinable epidemic disease, a disease suspected to be quarantinable, or a death due to an unidentified
cause other than accidental harm is discovered, the captain of the aircraft subject to entry quarantine inspection is required to
inform the airport of the matter and report to the health and quarantine organ about the following matters:

(1) nationality, make, number and markings of the aircraft and its scheduled arrival time;

(2) departure airport, stop-over airport and destination airport;

(3) number of crew members and passengers;

(4) name of disease or principal symptoms, number of cases and deaths.

   Article 39 After an aircraft subject to entry quarantine inspection lands at the airport, the quarantine physician shall get on board first.
The aircraft captain or his authorized agent is required to submit to the health and quarantine organ the general declaration, passenger
manifest, deck cargo declaration and the valid deinsectization certificate and other related quarantine documents; the aircraft captain
or his authorized agent is required to give true-to-fact answers to the inquiries from the quarantine physician about the sanitary
situation on the aircraft. Before completion of quarantine inspection, no persons other than those approved by the health and quarantine
organ are allowed to get on or off the aircraft; no loading and unloading of luggage, cargo and postal parcels shall be permitted.

   Article 40 Entry passengers are required to undergo entry quarantine inspection at the appointed place and answer the quarantine physician’s
inquiries orally or in written form. During the inspection time entry passengers shall not be allowed to leave the inspection place.

   Article 41 Upon completion of entry quarantine inspection of the aircraft, the quarantine physician must sign and issue an Entry Quarantine
Permit to the aircraft which is free from contamination. If the aircraft needs to undergo sanitization or is subject to certain restrictions,
a footnote and signature must be made on the Permit and the aircraft captain or his authorized agent shall be responsible for taking
necessary measures accordingly; if the aircraft is proved to be contaminated, a sanitization notice shall be given to the aircraft
and the aircraft shall be notified. After the required sanitization is done, an Entry Quarantine Permit shall be issued to the aircraft.

   Article 42 Prior to the departure of the aircraft subject to exit quarantine inspection, the airport is required to submit to the health and
quarantine organ the general declaration, deck cargo declaration and other documents related to quarantine and to inform it of the
following matters:

(1) nationality, make, number and markings of the aircraft and its scheduled time of departure;

(2) stop-over airport(s) and destination airport;

(3) number of crew members and passengers.

   Article 43 Upon completion of exit quarantine inspection of the aircraft, the quarantine physician must sign and issue an Exit Quarantine Permit
to the aircraft which is free from contamination, or, such Permit shall be issued upon completion of the necessary sanitization;
if the aircraft cannot take off at the scheduled time due to sanitization; the health and quarantine organ must notify the airport
without delay.

Chapter VI Border Quarantine

   Article 44 Prior to the arrival of the trains subject to entry quarantine inspection, the railway station is required to inform the health and
quarantine organ of the following matters:

(1) train number and scheduled arrival time;

(2) primary departure station;

(3) train marshalling.

   Article 45 After the train or other motor vehicle subject to entry quarantine inspection arrives at the railway station on the border, the quarantine
physician shall get on board the train first. The head of train crew or the person in charge of the vehicle is required to submit
a report either orally or in written form to the health and quarantine organ on the state of health of the persons on board and to
give true-to-fact answers to the inquiries by the quarantine physician concerning sanitary and health

conditions on board.

   Article 46 During quarantine inspection, without permission by the health and quarantine organ, no persons shall be allowed to get on or off
the train to other vehicle which is subjected to entry quarantine inspection; no loading or unloading of luggage, cargo or postal
parcels shall be permitted.

   Article 47 Prior to the departure of the train subject to exit quarantine inspection, the railway station is required to inform the health and
quarantine organ at the earliest possible time of the following matters:

(1) train number and scheduled departure time;

(2) destination station;

(3) train marshalling.

   Article 48 During its course of transportation, if a quarantinable infectious disease, a disease suspected to be quarantinable, or death due
to an unidentified cause other than accidental harm is discovered on the train or other vehicle subject to entry or exit quarantine
inspection, the head of the train crew or the person in charge of the vehicle is required to report to the health and quarantine
organ about the matter upon arrival at the border station.

   Article 49 In case that a quarantine infectious disease or a disease suspected to be quarantinable is discovered on the train subject to entry
or exit quarantine inspection, or in case that the train is unable to leave at scheduled time due to sanitization, the health and
quarantine organ is required to inform the station master of the case without delay. If the parking place is not suitable for sanitization,
the station master can decide on another place within the station for sanitization. Before completion of sanitization, without permission
by the health and quarantine organ, no person shall be allowed to get off or on the train, no loading or unloading of luggage, goods
or postal parcels shall be permitted. In order that the entry through train can run normally, the health and quarantine organ may
have its personnel exercise quarantine inspection on board the train in operation. The head of the train crew shall provide conveniences.

   Article 50 After completion of entry or exit quarantine inspection or necessary sanitization to the train or other vehicle, the quarantine physician
is required to sign and issue an exit and entry quarantine certificate according to quarantine inspection results.

   Article 51 Those who enter or leave the country at the border on foot are required to undergo entry or exit quarantine inspection at a designated
place. Without permission by the health and quarantine organ, no one may leave the designated place.

   Article 52 Any train or vehicle, coming from pestilence area, or having been contaminated or being suspected to have been contaminated with
an epidemic disease or being found to have carried goods with rodent or pests that may spread an epidemic disease, shall be required
to undergo health inspection and necessary sanitization.

Chapter VII Sanitization

   Article 53 While performing sanitization,the health and quarantine officers are required to see to it that:

(1) no one’s health is endangered;

(2) no damage is done to the structure of and the equipment on the vehicle;

(3) no fire is caused;

(4) no damage is done to the luggage or goods.

   Article 54 The sanitization that exit or entry containers, luggage, goods or postal parcels are required to undergo shall be conducted by the
health and quarantine organ. Any conveyance waiting for entry or exit is subject to disinfectization, deratization, deinsectization
and other necessary sanitization when found to be in any one of the following conditions:

(1) having come from a pestilence area;

(2) being contaminated by a quarantinable epidemic disease;

(3) revealing the presence of rodents which affect human health or insects which are carriers of disease and their number exceeds
the state standard.

   Article 55 Goods that are shipped from abroad and are only passing through the People’s Republic of China, shall, if there is no trans

PROVISIONS ON SEVERAL MATTERS CONCERNING CONVERSION OF FOREIGN CURRENCIES

MEASURES FOR THE IMPLEMENTATION OF THE PHARMACEUTICAL ADMINISTRATION LAW

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-02-27 Effective Date  1989-02-27  


Measures for the Implementation of the Pharmaceutical Administration Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II  Responsibility for the Supervision and Administration of
Chapter III  Procedure for the Verification and Approval of Licenses
Chapter IV  Examination and Approval of New Medicines
Chapter V  Registered Document of Approval for Medicines
Chapter VI  Administration of Pharmaceutical Production Enterprises
Chapter VII  Administration of Pharmaceutical Trading Enterprises
Chapter VIII  Administration of Medicaments Prepared by Medical Treatment
Chapter IX  Penalty Provisions
Chapter X  Supplementary Provisions
Note:

(Approved by the State Council on January 7, 1989 and promulgated by the

Ministry of Public Health by Decree No. 1 on February 27, 1989)
Chapter I  General Provisions

    Article 1  These Measures are formulated in accordance with the
Pharmaceutical Administration Law of the People’s Republic of China
(hereinafter referred to as Pharmaceutical Administration Law).

    Article 2  These Measures are applicable to any units or individuals who
are related to the production, selling, using, testing and examination or
scientific research of medicines.

    These Measures are also applicable to the pharmaceutical enterprises in
the People’s Liberation Army that are engaged in the production of medicines
for civilian use.

    Article 3  In the production and selling of pharmaceuticals, social
benefit shall be taken as the prime concern. The production, selling or use of
fake or inferior medicines is strictly prohibited.

    Without authorization no production or sales of pharmaceuticals or
preparation of medicaments shall be allowed.
Chapter II  Responsibility for the Supervision and Administration of
Pharmaceuticals

    Article 4  The administrative department of health under the State Council
is in charge of the nationwide supervision over and administration of
pharmaceuticals. Its principal responsibilities are as follows:

    (1) to enforce the Pharmaceutical Administration Law and these Measures;

    (2) to draft laws and regulations related to the supervision and
administration of pharmaceuticals, and to formulate provisions for the
implementation of each law or regulations;

    (3) to promulgate the Pharmacopoeia of China and the national standards
for medicines;

    (4) to examine and approve new medicines and to verify and issue approval
certificates thereof;

    (5) to exercise supervision over the production, trading and use of
pharmaceuticals;

    (6) to make investigation and appraisal of the curative effect and side
effect of the medicines already put into production and to provide and publish
information related to the quality;

    (7) to make decisions on disciplinary sanctions in accordance with the
Pharmaceutical Administration Law and these Measures.

    Pharmaceutical administration organs in the administrative departments of
health at or above the county level are in charge of the supervision over and
administration of pharmaceuticals within their respective jurisdiction.

    Article 5  The medicine inspection organs set up by the administrative
departments of health at or above the county level shall, under the latter’s
leadership, conduct medicine inspection in accordance with the standards for
medicines set by the state and by the administrative department of health at
the level of province, autonomous region or municipality directly under the
Central Government.

    Article 6  Medicine supervisor(s) shall be appointed in the administrative
department of health at or above the county level. Medicine supervisors at the
state level shall be entrusted by the administrative department of health
under the State Council by credentials. Medicine supervisors at the
provincial, autonomous region or municipal government (directly under the
Central Government) level and at the autonomous prefecture, municipality or
county level shall be nominated respectively by the administrative departments
of health and entrusted with credentials by the people’s governments at the
corresponding levels.

    The duties of medicine supervisors at all levels shall be defined
separately by the administrative department of health under the State Council.

    Article 7  When carrying out their duties, the medicine supervisors are
required to present their credentials before they take sample testing and ask
for relevant technical data, with a receipt in accordance with the state
stipulations. They are required to keep confidential the technical data
provided by the production enterprise and scientific research unit.

    The medicine supervisors may temporarily seal up some medicine pending
further settlement. It is required of them to state the term of sealing up
which shall not normally exceed 15 days.
Chapter III  Procedure for the Verification and Approval of Licenses

    Article 8  The procedures for examination and approval as stipulated in
Paragraph 1 of Article 4 of the Pharmaceutical Administration Law denote that
the establishment of a pharmaceutical producing enterprise (including all
forms of inland associated enterprises, Chinese-foreign equity joint ventures
and contractual joint ventures and foreign invested enterprises) shall
involve, in addition to applying for approval for the capital construction
of the enterprise in accordance with state stipulation, the following steps:
(1) the enterprise or its leadership organ submits an application to the
competent department for the production and trading of pharmaceuticals of the
province, autonomous region or municipality directly under the Central
Government where the enterprise is located for examination and approval and
then refer it to the administrative department of health at the same level.
(2) upon approval by the administrative department of health of the province,
autonomous region or municipality directly under the Central Government, a
Pharmaceutical Producer License shall be issued. The department in charge of
the production and trading of pharmaceuticals and the administrative
department of health are required to make a decision within 30 days of receipt
of complete application materials.

    Article 9  If a pharmaceutical production enterprise desires to set up a
branch factory or any additional workshops outside the premise of the factory,
it is required to submit an application to the department in charge of the
production and trading of pharmaceuticals at the level of the province,
autonomous region or municipality directly under the Central Government for
examination and approval and then refer it to the administrative department of
health at the same level for a Pharmaceutical Producer License, on which the
status of the new set-up (a branch factory or a workshop) and its production
scope must be clearly stated.

    Article 10  The procedures for examination and approval stipulated in
Paragraph 1 of Article 10 of the Pharmaceutical Administration Law denote that
a pharmaceutical trading enterprise (including specialized and non-specialized
whole-sale or retail drug stores or companies) should apply for a
Pharmaceutical Trading Enterprise Licence in accordance with the following
provisions:

    (1) for a wholesale drug enterprise, an application must be submitted to
the department in charge of the production and trading of pharmaceuticals at
the level of the province, autonomous region or municipality directly under
the Central Government for examination and approval and then be referred to
the administrative department of health at the same government level for
verification and approval betore a Pharmaceutical Trading Enterprise License
is issued;

    (2) for a retail drug enterprise, an application must be submitted to the
department in charge of the production and trading of pharmaceuticals at the
autonomous prefecture, municipality or county government level for examination
and approval and then be referred to the administrative department of health
at the same government level for verification and approval before a
Pharmaceutical Trading Enterprise License is issued.

    The department in charge of the production and trading of pharmaceuticals
and administrative department of health are required to make a decision within
30 days of receipt of complete application materials.

    Article 11  The competent department for the production and trading of
pharmaceuticals stated in Articles 4, 10 and 22 of the Pharmaceutical
Administration Law refers to those pharmaceutical administration organs or
departments appointed by the people’s government at or above the county level.

    Article 12  If a medical treatment unit needs to prepare some medicaments,
it is required to submit an application to an administrative department of
health at the level of the province, autonomous region or municipality
directly under the Central Government for examination and approval betore a
Dispensing Permit is granted.

    The administrative department of health is required to make a decision
within 30 days of receipt of complete application materials.

    Article 13  The term of validity for a Pharmaceutical Producer Licence, a
Pharmaceutical Trading Enterprise Licence, or a Dispensing Permit is 5 years.
If the licensee wishes to continue its production or trading or making
medicament preparation upon expiration of the licence, it must reapply for
permission. The entire application procedures must be repeated.

    If an enterprise has gone bankrupt or has wound up business, the license
it is holding should be cancelled by the administrative department of health
that has issued it.

    Article 14  Pharmaceutical Producer Licence, Pharmaceutical Trading
Enterprise Licence, and Dispensing Permit shall be printed exclusively by the
administrative department of health under the State Council.
Chapter IV  Examination and Approval of New Medicines

    Article 15  The state encourages research in and development of new
medicines. All pharmaceutical research units, medical colleges, pharmaceutical
production enterprises, medical treatment units or individuals with the
necessary conditions are encouraged to engage in the research in and
development of new medicines.

    Article 16  Procedures for the examination and approval of new medicines
shall be formulated by the administrative department of health under the State
Council.

    Article 17  Before a new medicine is put to clinical testing, the research
and development unit of this medicine is required to submit an application
together with the relevant data and samples in accordance with the provisions
for the examination and approval of new medicines.

    Article 18  Clinical testing or clinical verification of a newly developed
medicine must be conducted in the medical treatment unit(s) approved by the
administrative department of health at the level of the province, autonomous
region or municipality directly under the Central Government.

    Article 19  After new medicines have been clinically tested and verified
and have passed the examination by the administrative departments of health at
the level of the province, autonomous region or municipality directly under
the Central Government, the research and development unit of these new
medicines shall submit an application to the administrative department of
health under the State Council for examination and approval and New Medicine
Certificates shall be issued accordingly.

    The administrative department of health under the State Council is
required to call, at the earliest possible time, the Medicine Appraisal
Committee to make technical appraisal of the newly developed medicine after
the complete application materials are received. A decision must be made
within two months of the technical appraisal.

    Article 20  The administrative department of health under the State
Council and those in the provinces, autonomous regions or municipalities
directly under the Central Government may set up a Medicine Appraisal
Committee which is composed of experts in medical science and pharmacology
from medical treatment units, scientific research units, pharmaceutical
factories and medical colleges.

    Article 21  The clinical testing or clinical verification unit, the
department to examine and approve the newly developed medicine and individuals
so involved are required to keep confidential the relevant data, figures,
production techniques provided by a unit or individual that has developed the
new medicine.
Chapter V  Registered Document of Approval for Medicines

    Article 22  For the production of a new medicine, the production unit
shall submit an application to the administrative department of health under
the State Council for examination and approval upon which a Registered
Document of Approval shall be issued to the unit. However, this does not
apply to the production of traditional Chinese medicine in ready-to-use forms.

    To produce a certain kind of medicine for which the state, the province,
autonomous region or municipality directly under the Central Govermnent has
already set standards, the production unit is required to submit an application
to the administrative department of health at the level of the province,
autonomous region or municipality directly under the Central Government. After
consulting the department in charge of the production and trading of
pharmaceuticals at the same level, the administrative department of health
shall make a decision on whether to issue the Registered Document of Approval
to the unit. However, this does not apply to the production of traditional
Chinese medicine in ready-to-use forms.

    Article 23  When applying for a Registered Document of Approval for a
medicine, the production unit must present testing samples and relevant data
to the medicine inspection organ appointed by the administrative department of
health at the level of the province, autonomous region or municipality
directly under the Central Government. The medicine inspection organ is
required to make a test report and refer it to the administrative department
of health for examination and approval, which shall, within 30 days of
receipt of the test report, make a decision on whether to issue the Registered
Document of Approval to the unit.

    Article 24  The Registered Document of Approval for a medicine is valid
for 5 years, during which time no change of the registration number shall be
allowed. The Registered Document Approval of a medicine shall become invalid
if the medicine has not been produced for 3 years.

    Article 25  The administrative department of health under the State
Council is required to organize investigations of medicines that have been
approved for production. The Medicine Appraisal Committee shall revoke the
Registered Document of Approval if it discovers by appraisal that the
medicine’s curative effects are uncertain, that they produce serious adverse
reactions, or that for other reasons they are harmful to people’s health.
Chapter VI  Administration of Pharmaceutical Production Enterprises

    Article 26  The state shall practise The Norms For Quality Control of
Medicine Production. The administrative department of health under the State
Council shall formulate The Norms For Quality Control of Medicine Production
and supervise the implementation thereof. The departments in charge of the
production and trading of medicines may formulate specific rules to guide the
gradual implementation of the Norms.

    Article 27  All the newly built pharmaceutical factories and the extension
or rebuilt workshops of the existing pharmaceutical factories are required to
meet the requirements stipulated in the Norms For Quality Control of Medicine
Production. The existing pharmaceutical enterprises are required to establish
hygiene rules and regulations to ensure medicine quality and strive to meet
all the requirements stipulated in the Norms For Quality Control of Medicine
Production gradually, and in a planned way.

    Article 28  Pharmaceutical production enterprises shall be staffed with
professional technical personnel and skilled workers who must meet the
following qualifications:

    (1) a factory manager in charge of pharmaceutical production and quality
control must be familiar with the techniques involved in pharmaceutical
production;

    (2) the post of the director in charge of pharmaceutical production
technology and quality inspection shall be held respectively by a
pharmaceutist, an assistant engineer or a herbdruggist, depending on the kind
of medicine being produced;

    (3) the responsible workshop technician is required to have an education
of at least the technical school level and with 5 years or more production
experience;

    (4) the technical workers are required to go through technical training
before they are allowed to operate independently;

    (5) with respect to those pharmaceutical factories processing traditional
Chinese medicines into ready-to-use forms, if they are unable to meet the
requirement stated in Item (2) of Article 28 of these Measures, the relevant
posts shall be held by Chinese medicinal herb personnel who are familiar with
the properties of the herbal medicine processed, can appraise medicinal herbs
and have a mastery of the production techniques. These personnel must be
examined by and registered with the administrative department of health above
county level.

    Article 29  Pharmaceutical enterprises are required to have factory
premises, facilities and sanitory environment to ensure the quality of the
medicine. They must be kept clean and tidy. If they are engaged in the
preparation of transfusion medicament and powdered injection, they must have
ultra clean conditions and superclean environment.

    Article 30  Pharmaceutical enterprises are required to have their own
quality inspection organ and personnel, as well as necessary instrument and
equipment to ensure the quality of their products.

    Article 31  Traditional Chinese medicine factories (including those
traditional Chinese medicine workshops in Western medicine factories) must not
only meet the requirements stipulated in Articles 28, 29, 30 and 32 of these
Measures but also abide by the following stipulations:

    (1) Raw medicinal herbs must be pretreated by way of picking, sorting,
washing and baking according to the relevant requirements.

    (2) See to it that the processing of traditional Chinese medicine into
ready-to-use forms (including batching, grinding and packaging) shall be done
in an environment free from contamination.

    (3) Traditional Chinese medicine technical personnel shall be put in
charge of quality control of the Chinese medicine produced in the Western
medicine facteries.

    Article 32  Medicines must be made in accordance with the verified
standards and through the fixed technical processes. If a pharmaceutical
factory intends to make any change in the production technique which may
affect the quality of the medicine, it is required to submit an application to
the administrative department of health at the level of the province,
autonomous region or municipality directly under the Central Government for
examination and approval.

    Article 33  Pharmaceutical enterprises are required to have a complete
production record and lab testing record on file. These records shall be kept
for one year after the expiry date of the recorded batch of medicine. With
respect to medicines without expiry dates, their records shall be kept for 3
years.

    Article 34  It is required that all raw materials and additives needed in
the production of medicines, the containers and packaging material that may
directly contact the medicine must meet the requirements of the state
pharmacopoeia or other pharmaceutical standards. Pharmaceutical factories that
plan to use other kinds of materials are required to report their plans to the
administrative department of health for the record.

    Article 35  Pharmaceutical enterprises must strengthen medicine quality
control. All kinds of medicines are subject to quality inspection by their own
medicine inspection organs before leaving the production premises. A quality
tag or lab testing report shall be put in the interior package of quality
products. Those medicines that fail to pass the quality inspection shall not
be allowed to leave the production premises.
Chapter VII  Administration of Pharmaceutical Trading Enterprises

    Article 36  Pharmaceutical trading enterprises shall be staffed with full
time pharmaceutical technical personnel who must meet the following
qualifications:

    (1) A wholesale pharmaceutical trading enterprise shall set up quality
inspection organs which shall be put under the charge of professional
pharmacists of Chinese or Western medicine.

    (2) A retail pharmaceutical trading enterprise shall be staffed with a
pharmacist or a Chinese medicine pharmacist or a full time pharmaceutical
staff worker who has been examined and registered by the administrative
department of health at or above county level.

    (3) Non-pharmaceutical workers newly recruited or staffed to engage in
pharmaceutical preparation, purchasing, storage keeping or marketing of
medicines are required to go through professional training before they are
allowed to work independently.

    Article 37  The business premises, facilities, storage facility and clean
environment of a pharmaceutical trading enterprise must meet the following
requirements:

    (1) The storage facilities must meet the requirements by the physical
properties and chemical characters of medicines. The storage must be well
equipped against dust, rats and deterioration. For those medicines which need
to be kept away from light and in low temperature, there must be light lock
and thermal protective storage devices.

    (2) A pharmaceutical trading enterprise that also deals in other
merchandise is required to install separate counters for these merchandise. No
medley of medicine and other articles in the same counter shall be allowed.

    Article 38  Pharmaceutical trading enterprises may prepare or process
Chinese medicine (including slicing, roasting, baking, shimmering, etc.) or
make up prescriptions for patients. However, they may not make any
ready-for-use Chinese medicine for sale.

    Article 39  Pharmaceutical trading enterprises are required to establish a
strict quality checking system and a storage system which includes stock
checking in and out and stock protection.

    Article 40  Pharmaceutical trading enterprises must examine carefully the
stock of medicine prior to its purchase. The items for examination shall
include its name, producer’s name, batch number, quality certificate,
registered document (number) of approval, registered trade mark, packing and
exterior quality. With respect to Chinese medicinal materials, it is required
to examine the packing which must include its name, place of origin, name of
consignor and quality inspection mark.
Chapter VIII  Administration of Medicaments Prepared by Medical Treatment
Units

    Article 41  Medical treatment units that prepare their own medicaments
shall meet the following requirements:

    (1) the post in charge of medicament preparation and inspection in
hospitals at or above the county level (including these medical treatment
units with more than 100 wardbeds in factories, mines, enterprises or
institutions) shall be held by a person who bears at least the post_title of senior
pharmacist.

    Such a post in a hospital under the county level must be held by a person
who bears at least the post_title of pharmacist.

    (2) preparation of medicaments must be made in a proper building with
adequate facilities and in clean and tidy environment. Places for preparation
of sterilized medicaments must have a locker room, buffer room, wash room,
preparation room, filling and sealing room, sterilization room, packing room
and air conditioning. Places for preparation of infusion and transfusion
medicaments are required to have superclean conditions.

    Article 42  In preparing medicaments, it is required to strictly abide by
the operating rules, quality inspection rules and hygiene rules. It is
required to have detailed and complete records for the preparation of each
batch of medicament.

    Article 43  The medical treatment units that prepare their own medicaments
are required to have appropriate medicament inspection labs.

    The medicine inspection lab shall sign and issue a quality certificate for
those medicaments that have passed the inspection and may be adopted for
clinical application. Rejects shall not be allowed for clinical use.

    Article 44  Medical treatment units may prepare only those medicaments
that are to be used clinically or in research by themselves and that are not
available on the market or insufficiently supplied. These medicaments may not
go to the market or do so in a devious manner.

    Article 45  Medical treatment units are required to prepare their
medicaments for clinical use in conformity with the norms for the preparation
of clinical medicaments stipulated by the administrative department of health
at the level of the province, autonomous region or municipality directly under
the Central Government and report to the local administrative department of
health for the record.

    Article 46  In medical treatment units, no divisions shall be allowed to
prepare and supply clinical medicaments except the division of pharmacy and
the division of radiosolope.
Chapter IX  Penalty Provisions

    Article 47  Violation of Article 15 of the Pharmaceutical Administration
Law and violation of Chapter VIII of the same law related to the
administration of advertisements shall have disciplinary sanctions imposed by
the administration department for industry and commerce; violation of the
Pharmaceutical Administration Law and these Measures shall have disciplinary
sanctions imposed by the administrative department of health at or above
county level with a written penalty notice. It is required to state a quality
inspection result on a penalty notice for fake medicine and medicine of
inferior quality. All the forfeit shall be turned in to the national treasury.

    Article 48  Those who make or sell or use fake medicine shall have their
fake medicines and illegal gains confiscated. The administrative department of
health shall impose a maximum fine five times or less the price of the
standard medicine which the fake equivalent is used to pass off for according
to the seriousness of the case.

    Article 49  Those who make or sell or use medicine of inferior quality
shall have their inferior medicine and illegal gains confiscated. The
administrative department of health shall impose a maximum fine three times or
less the price of the standard medicine which the inferior equivalent is

PREVENTION AND CONTROL OF POLLUTION FROM ENVIRONMENTAL NOISE

Law of the People’s Republic of China on Prevention and Control of Pollution From Environmental Noise

     (Adopted at the 22nd Meeting of the Standing Committee of the Eighth National People’s Congress on October 29, promulgated by Order
No. 77 of the President of the People’s Republic of China on October 29, and effective as of March 1, 1997)

CHAPTER I GENERAL PROVISIONS

   Article 1 This Law is enacted for the purpose of preventing and controlling environmental noise pollution, protecting and improving the living
environment, ensuring human health and promoting economic and social development.

   Article 2 For purposes of this Law, “environmental noise” means the sound that is emitted in the course of industrial production, construction,
transportation and social activities and that impairs the living environment of the neighbourhood.

“environmental noise pollution”, as used in this Law, means that the environmental noise emitted exceeds the environmental noise emitted
limits set by the State on the environmental noise emitted and impairs people’s daily life, work and study.

   Article 3 This Law shall apply to prevention and control of environmental noise pollution in the territory of the People’s Republic of China.

This Law shall not apply to prevention and control of noise hazards incurred in the course of production or business operation one
is engaged in.

   Article 4 The State Council and local people’s governments at various levels shall incorporate prevention and control of environmental noise
pollution into their environmental protection plans and adopt economic and technological policies and measures to protect the acoustic
environment.

   Article 5 Local people’s governments at various levels shall, when drawing up urban and rural development plans, give full consideration to
the impact of noise emitted by construction projects and regional development and renovation projects on the living environment of
the neighbourhood, make unified plans and rationally arrange the layout of the function areas and the buildings, in order to prevent
or minimize environmental noise pollution.

   Article 6 The competent administrative department for environmental protection under the State Council shall exercise unified supervision and
administration of the prevention and control of environmental noise pollution throughout the country.

The competent administrative departments for environmental protection of the local people’s governments at or above the county level
shall exercise unified supervision and administration of the prevention and control of environmental noise pollution within their
respective administrative regions.

The competent administrative departments for public security, communications, railways and civil aviation as well as harbour superintendency
administration at various levels shall, within their respective functions and duties, exercise supervision and administration of
the prevention and control of noise pollution by traffic and social activities.

   Article 7 All units and individuals shall have the obligation to protect the acoustic environment and shall have the right to inform against
and accuse any unit or individual that pollutes the environment with noise.

   Article 8 The State encourages and supports scientific research and technological development relating to the prevention and control of environmental
noise pollution, promotes wide adoption of advanced technologies in this area and disseminates scientific knowledge about prevention
and control of such pollution.

   Article 9 The people’s governments shall give awards to units and individuals that have achieved outstanding successes in preventing and controlling
environmental noise pollution.

CHAPTER II SUPERVISION AND ADMINISTRATION OF THE PREVENTION AND CONTROL OF ENVIRONMENTAL NOISE POLLUTION

   Article 10 The competent administrative department for environmental protection under the State Council shall establish national standards for
acoustic environmental quality for different function areas.

Local people’s governments at or above the county level shall, in accordance with the national standards for acoustic environmental
quality, divide their respective administrative regions into different zones for application of different standards for acoustic
environmental quality and exercise control accordingly.

   Article 11 The competent administrative department for environmental protection under the State Council shall, in accordance with the national
standards for acoustic environmental quality and the State’s economic and technological conditions, fix national limits for environmental
noise emission.

   Article 12 When determining the layout of buildings, urban planning departments shall, in accordance with the national standards for acoustic
environmental quality and the sound insulation design standards for civil architecture, decide on the rational distance between the
structures and the traffic trunk lines in order to keep the structures away form noise as well as the requirements on planning and
design accordingly.

   Article 13 Every project under construction, renovation or expansion must conform to the regulations of the State governing environmental protection.

Where a construction project might cause environmental noise pollution, the unit undertaking the project must prepare an environmental
impact statement which includes the measures it takes to prevent and control such pollution, and submit it, following the procedures
prescribed by the State, to the competent administrative department for environmental protection for approval.

The environmental impact statement shall include the comments and suggestions of the units and residents in the place where the construction
project is located.

   Article 14 Facilities for prevention and control of environmental noise pollution must be designed, built and put into use simultaneously with
the main part of a construction project.

Before a construction project is put into production or use, its facilities for prevention and control of environmental noise pollution
must be inspected by the competent administrative department for environmental protection that originally approved the environmental
impact statement; if such facilities fail to meet the requirements of the State, the construction project may not be put into production
or use.

   Article 15 Enterprises and institutions that produce environmental noise pollution must maintain normal operation of the facilities for prevention
and control of such pollution; whoever intends to dismantle or leave idle such facilities must report the matter in advance to the
competent administrative department for environmental protection of the local people’s government at or above the county level for
approval.

   Article 16 Units that produce environmental noise pollution shall take measures to control it and pay fees for excessive emission of such pollution
according to the regulations of the State.

The fees collected from excessive emission of pollution must be used for prevention and control of pollution and may not be appropriated
for any other use.

   Article 17 Any enterprise or institution that produces serious environmental noise pollution in an area where noise-sensitive structures are
concentrated shall be ordered to control the pollution within a time limit.

The unit that is ordered to control the pollution within a time limit must accomplish the task on schedule. A decision on such control
shall be made by the people’s government at or above the county level within the limits of its power granted by the State Council.

In the case of a small enterprise or institution, the decision on controlling pollution within a time limit may be made by the competent
administrative department for environmental protection that is authorized by a people’s government at or above the county level within
the limits of its power granted by the State Council.

   Article 18 The State applies an elimination system for out-dated equipment that produces serious environmental noise pollution.

The competent department for comprehensive economic and trade affairs under the State Council shall, together with relevant departments
of the State Council, publish catalogs of equipment that, because of the serious environmental noise pollution it produces, is forbidden
to be manufactured, sold or imported within a time limit.

The manufacturers, sellers and importers must stop manufacturing, selling or importing the equipment included in the catalogs mentioned
in the preceding paragraph, within the time limit set by the competent department for comprehensive economic and trade affairs under
the State Council together with the relevant departments of the State Council.

   Article 19 In the case where sporadic strong noise is truly unavoidable in production conducted within an urban area, the matter must first
be applied to the local public security organ for approval. Upon giving approval, the local public security organ shall make it known
to the public.

   Article 20 The competent administrative department for environmental protection under the State Council shall establish a system for monitoring
environmental noise, establish monitoring standards, and set up a monitoring network with the relevant departments.

The environmental noise monitoring institutions shall, as required, submit reports on the environmental noise monitoring results to
the competent administrative department for environmental protection under the State Council.

   Article 21 The competent administrative departments for environmental protection of the people’s governments at or above the county level and
other departments or institutions in charge of supervision and administration of the prevention and control of environmental noise
pollution shall, within the limits of their respective functions and duties, have the power to conduct on-the-spot inspection of
the units that emit environmental noise within the areas under their jurisdiction. The units under inspection must give a true account
of the actual situation and provide the necessary information. The departments or institutions conducting such inspection shall keep
confidential the technological and business secrets of the inspected units.

The inspectors shall produce their credentials before conducting on-the- spot inspection.

CHAPTER III PREVENTION AND CONTROL OF INDUSTRIAL NOISE POLLUTION

   Article 22 For purposes of this Law, “industrial noise” means the sound that is emitted by the permanent equipment used in the course of industrial
production and that impairs the living environment of the neighbourhood.

   Article 23 The industrial noise emitted to the living environment of the neighbourhood within an urban area shall be kept within the limits
set by the State on emission of environmental noise within the boundary of an industrial enterprise.

   Article 24 Any industrial enterprise that produces environmental noise pollution due to the use of permanent equipment in the course of industrial
production must, in accordance with the regulations of the competent administrative department for environmental protection under
the State Council, report to the competent administrative department for environmental protection of the local people’s government
at or above the county level the types and quantity of its equipment that produces environmental noise pollution, the noise level
produced under normal operation and the facilities installed for prevention and control of such pollution, and provide technical
information relating to the prevention and control of noise pollution.

Any industrial enterprise that intends to make a substantial change in the types or quantity of the equipment that produces environmental
noise pollution, in the noise level or facilities for prevention and control of such pollution must submit a report without delay
and take prevention and control measures as it should.

   Article 25 Industrial enterprises that produce environmental noise pollution shall take effective measures to minimize the impact of noise on
the living environment of the neighbourhood.

   Article 26 With regard to industrial equipment that might produce environmental noise pollution, the relevant competent departments under the
State Council shall, in accordance with the requirements for protection of the acoustic environment and the State’s economic and

technological conditions, gradually include the noise level limits in the national standards and trade standards for products established
according to law.

The level of noise emitted by the industrial equipment in operation mentioned in the preceding paragraph shall be specified in relevant
technical documents.

CHAPTER IV PREVENTION AND CONTROL OF CONSTRUCTION NOISE POLLUTION

   Article 27 “Construction noise”, as used in this Law, means the sound that is emitted in the course of construction and that impairs the living
environment of the neighbourhood.

   Article 28 The construction noise emitted to the living environment of the neighbourhood within an urban area shall be kept within the limits
set by the State on the emission of environmental noise within the boundary of a construction site.

   Article 29 The unit in charge of a construction project which may produce environmental noise pollution due to the use of machines and other
equipment, must report, 15 days before commencement of construction, to the competent administrative department for environmental
protection of the local people’s government at or above the county level the name of the project, the construction site, the length
of time needed for completion of the project, the possible level of environmental noise and the measures taken for prevention and
control of such pollution.

   Article 30 In an urban area where noise-sensitive structures are concentrated, construction operation that produces environmental noise pollution
is forbidden at night, with the exception of rush repairs, rescue operations or continued operations required by production techniques
or by special needs.

For continued operation due to special needs, there must be a permit issued by the people’s government at or above the county level
or by the relevant competent department under it.

Night operation mentioned in the preceding paragraph must be made known to the residents in the neighbourhood.

CHAPTER V PREVENTION AND CONTROL OF TRAFFIC NOISE POLLUTION

   Article 31 “Traffic noise”, as used in this Law means the sound that is emitted by such means of transport as motor vehicles, locomotives, motor
vessels and aircraft in motion and that impairs the living environment of the neighbourhood.

   Article 32 It is forbidden to manufacture, sell or import automobiles that emit noise beyond the limits set on noise level.

   Article 33 Mufflers and horns of motor vehicles driven within urban areas must meet the requirements of the State. Motor vehicles must be regularly
serviced and kept in good repair in order to maintain excellent technical performance and help prevent and control environmental
noise pollution.

   Article 34 When motor vehicles are driven in urban areas, motor vessels are navigated along inland rivers in urban areas, and locomotives are
running through or entering urban areas or sanatorium areas, their sound-making apparatus must be used in compliance with regulations.

Alarming sirens must be installed on such motor vehicles as police cars, fire engines, engineering rescue vehicles and ambulances
and used in compliance with the regulations of the public security department under the State Council. It is forbidden to use the
alarming sirens unless when urgent tasks are performed.

   Article 35 The public security organs of municipal people’s governments may, in line with the need to protect the local acoustic environment
of the urban areas, demarcate no-motor-vehicle or no-horn road sections and hours, and make them known to the public.

   Article 36 To build expressways, urban overhead road and light-tract lines that traverse areas where there are concentrated noise-sensitive
structures and that might produce environmental noise pollution, sound barriers shall be erected or other effective measures shall
be taken to control environmental noise pollution.

   Article 37 To build noise-sensitive structures on both sides of existing urban traffic trunk lines, the construction unit shall, in accordance
with the regulations of the State, keep such structures a certain distance away from the lines and take measures to mitigate or avoid
the impact of traffic noise.

   Article 38 Where loudspeakers are used to direct operations at transport terminals, railway marshal yards, ports, docks and airports, the sound
volume shall be controlled so as to minimize the noise impact on the living environment of the neighbourhood.

   Article 39 Where locomotives when traversing urban residential, cultural and education districts produce environmental noise pollution, the
local municipal people’s governments shall get the railway departments and other relevant departments together to work out plans
for mitigating such pollution. The railway departments and other relevant departments shall act in accordance with such plans and
take effective measures to mitigate environmental noise pollution.

   Article 40 With the exception of take-off, landing or other situations as provided for by law, no civil aircraft may fly over the urban areas
of cities. The municipal people’s governments shall demarcate areas in the vicinity of obstacle clearance zones for the take-off
and landing of aircraft where construction of noise-sensitive structures is restricted. To build noise-sensitive structures within
such areas, the construction units shall take measure to mitigate or avoid the impact of the noise emitted by aircraft in motion.
The civil aviation department shall take effective measures to mitigate environmental noise pollution.

CHAPTER VI PREVENTION AND CONTROL OF POLLUTION BY NOISE OF SOCIAL ACTIVITIES

   Article 41 “Noise of social activities”, as used in this Law, means the sound that is emitted by man-conducted activities and that impairs the
living environment of the neighbourhood, other than industrial, construction and traffic noise.

   Article 42 A commercial enterprise that, in an urban area where noise- sensitive structures are concentrated, produce environmental noise pollution
as the result of its use of permanent equipment in the course of commercial activities must, in accordance with the regulations of
the competent administrative department for environmental protection under the State Council, report to the competent administrative
department for environmental protection of the local people’s government at or above the county level the condition of the equipment
that produces environmental noise pollution and provide information about the facilities for prevention and control of such pollution.

   Article 43 Noise level at the boundary of newly-constructed profit- making cultural and entertainment centers must be kept within the limits
of environmental noise emission set by the State. No competent administrative department for culture may issue cultural operation
licence and no administrative department for industry and commerce may issue business licence to the centers that fail to keep such
emission within the limits.

Operators and managers of cultural and entertainment centers must take effective measures to keep noise at the boundary from exceeding
the limits set by the State on emission of environmental noise.

   Article 44 In commercial activities high-pitch loudspeakers and other loud-noise instruments are forbidden to be used for attracting customers.

When using such equipment and facilities as air-conditioners and cooling towers in commercial activities which might produce environmental
noise pollution, the operators and managers shall take measures to keep the noise at the boundary from exceeding the limits set by
the State on emission of environmental noise.

   Article 45 All units and individuals are forbidden to use high-pitch loudspeakers in urban areas where noise-sensitive structures are concentrated.

Where audio apparatus that might produce such excessive sound volume as to impair the living environment of the neighbourhood are
used for entertainments arranged or gatherings held at such public places as streets, squares or parks in urban areas, the regulations
of the local public security organ must be observed.

   Article 46 Whoever uses household appliances or musical instruments or holds other indoor entertainment activities shall keep the sound volume
under control or take other effective measures to avoid producing environmental noise pollution to the neighbours.

   Article 47 Whoever makes indoor decoration and refitting in a residential building that is already completed and delivered for use shall do
so in restricted hours and take other effective measures to mitigate or avoid producing environmental noise pollution to the neighbours.

CHAPTER VII LEGAL LIABILITY

   Article 48 Anyone who, in violation of the provisions of Article 14 of this Law, puts into production or use a construction project before the
necessary facilities for prevention and control of environmental noise pollution have been completed or meet the requirements laid
down by the State, shall be ordered to stop production or use and may also be fined by the competent administrative department for
environmental protection that originally approved the environmental impact statement regarding this construction project.

   Article 49 Anyone who, in violation of the provisions of this Law, refuses to report or makes a false report on the particulars subject to report
regarding the environmental noise emission, may be given a disciplinary warning or fined in light of the seriousness of the violation
by the competent administrative department for environmental protection of the local people’s government at or above the county level.

   Article 50 Any enterprise or institution that, in violation of the provisions of Article 15 of this Law, dismantles or leaves idle the facilities
for prevention and control of environmental noise pollution without approval of the competent administrative department for environmental
protection, thereby emitting environmental noise in excess of the limits prescribed, shall be ordered to set it right and also be
fined by the competent administrative department for environmental protection of the local people’s government at or above the county
level.

   Article 51 Any unit that, in violation of the provisions of Article 16 of this Law, fails to pay, as required by the State, fees for excessive
emission of noise, may be given a disciplinary warning or fined, in light of the seriousness of the violation, by the competent administrative
department for environmental protection of the local people’s government at or above the county level.

   Article 52 Any enterprise or institution that, in violation of the provisions of Article 17 of this Law, fails to put the pollution under control
at the expiration of the time limit, may be fined or ordered to suspend production or to relocate or close down in light of the hazards
so caused, in addition to paying fees for excessive emission of noise as required by the State.

The decision on a fine mentioned in the preceding paragraph shall be made by the competent administrative department for environmental
protection. The order for suspension of production, relocation or closedown shall be issued by the people’s government at or above
the county level within the limits of its power granted by the State Council.

   Article 53 Anyone who, in violation of the provisions of Article 18 of this Law, manufactures, sells or imports equipment prohibited to be manufactured,
sold or imported, shall be ordered by the competent department for comprehensive economic and trade affairs of the people’s government
at or above the county level to set it right; if the violation is serious, the said department shall submit a proposal to the people’s
government at the corresponding level for ordering, within the limits of its power granted by the State Council, the violator to
suspend operation or close down.

   Article 54 Anyone who, in violation of the provisions of Article 19 of this Law and without approval of the local public security organ, conducts
activities that emit sporadic strong noise shall be given a disciplinary warning or fined by the said organ in light of the seriousness
of the violation.

   Article 55 Any unit emitting environmental noise that, in violation of the provisions of Article 21 of this Law, refuses to undergo on-the-spot
inspection by the competent administrative department for environmental protection or by any other department or institution that
exercises its power of supervision and control of environmental noise in accordance with the provisions of this Law, or resorts to
fraud when being inspected, may be given a disciplinary warning or be fined in light of the seriousness of the violation by the said
competent administrative department or the said department or institution.

   Article 56 Any construction unit that, in violation of the provisions of Paragraph 1 of Article 30 of this Law, conducts at night, in an urban
area where noise-sensitive structures are concentrated, construction operation that produces environmental noise pollution and that
is therefore prohibited, shall be ordered to set it right and may also be fined by the competent administrative department for environmental
protection of the people’s government at or above the county level in the place where the construction project is located.

   Article 57 Anyone who uses the sound apparatus on the motor vehicle in violation of the provisions of Article 34 of this Law shall be given
a disciplinary warning or be fined by the local public security organ in light of the seriousness of the violation.

If a motor vessel is involved in the commission of the unlawful act mentioned in the preceding paragraph, a disciplinary warning or
fine shall be imposed by the harbour superintendency administration in light of the seriousness of the act.

If a railway locomotive is involved in the commission of the unlawful act mentioned in the first paragraph, the competent railway
department shall impose administrative penalty on the person who is responsible for the act.

   Article 58 Anyone who, in violation of the provisions of this Law, commits any of the following acts, shall be given a disciplinary warning
and may also be fined by the public security organ:

(1) Using a high-pitch loudspeaker in an urban area where noise- sensitive structures are concentrated;

(2) Using, in violation of the regulations of the local public security organ, audio apparatus which produce such excessive sound
volume as to impair the living environment of the neighbourhood when offering entertainment or holding gatherings in such public
places as streets, squares or parks in urban areas; or

(3) Emitting from indoors environmental noise that seriously impairs life of the neighbours, without taking measures in accordance
with the provisions of Article 46 or Article 47 of this Law.

   Article 59 Any operators or managers who, in violation of the provisions of Paragraph 2 of Article 43 or Paragraph 2 of Article 44 of this Law,
cause environmental noise pollution, shall be ordered to set it right and may also be fined by the competent administrative department
for environmental protection of the local people’s government at or above the county level.

   Article 60 Any operators or managers who, in violation of the provisions of Paragraph 1 of Article 44 of this Law, cause environmental noise
pollution shall be ordered to set it right and may also be fined by the public security organ.

Where the people’s governments at or above the provincial level have decided according to law that the competent administrative departments
for environmental protection of the local people’s governments at or above the county level exercise the power of administrative
penalty mentioned in the preceding paragraph, such decision shall be abided by.

   Article 61 Any unit or individual suffering from the hazards of environmental noise pollution shall have the right to demand the polluter to
eliminate the hazards; if a loss has been caused, it shall be compensated according to law.

Any dispute over the liability for losses or over the amount of compensation may, at the request of the parties concerned, be mediated
by the competent administrative department for environmental protection or any other supervisory and administrative department or
institution in charge of prevention and control of environmental noise pollution; if such mediation fails, the parties may bring
a lawsuit in a People’s Court. They may also directly bring a lawsuit In a People’s Court.

   Article 62 If any person who is in charge of supervision or administration of prevention and control of noise pollution abuses his power, neglects
his duty or conducts malpractice for personal gain, the unit to which he belongs or the competent authority at the higher level shall
give him administrative penalty. If a crime is constituted, criminal liability shall be investigated according to law.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 63 For purposes of this Law, the meanings of the following terms are:

(1) “Noise emission” means emission of noise from the source to the living environment of the neighbourhood.

(2) “Noise-sensitive structures” mean structures that require a quiet environment such as hospitals, schools, government offices,
research institutions and residential buildings.

(3) “Areas where noise-sensitive structures are concentrated” mean such areas as medical treatment areas, cultural, education and
research districts and areas where government offices or residential buildings constitute the main buildings.

(4) “At night” means the period from 10:00 p.m. to 6:00 a.m.

(5) “Motor vehicles” mean automobiles and motorcycles.

   Article 64 This Law shall enter into force as of March 1, 1997. The Regulations of the People’s Republic of China on Prevention and Cont

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...