RULES FOR IMPLEMENTATION OF REGISTRATION OF FOREIGN DEBT
ADMINISTRATIVE PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA
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The National People’s Congress Order of the President of the People’s Republic of China No.16 The Administrative Procedure Law of the People’s Republic of China which has been adopted at the Second Session of the Seventh National President of the People’s Republic of China: Yang Shangkun April 4, 1989 Administrative Procedure Law of the People’s Republic of China ContentsChapter I General Provisions Chapter II Scope of Accepting Cases Chapter III Jurisdiction Chapter IV Participants in Proceedings Chapter V Evidence Chapter VI Bringing a Suit and Accepting a Case Chapter VII Trial and Judgment Chapter VIII Execution Chapter IX Liability for Compensation or Infringement of Rights Chapter X Administrative Procedure Involving Foreign Interests Chapter XI Supplementary Provisions Chapter I General Provisions Article 1 Pursuant to the Constitution, this Law is enacted for the purpose of ensuring the correct and prompt handling of administrative cases Article 2 If a citizen, a legal person or any other organization considers that his or its lawful rights and interests have been infringed upon Article 3 The people’s courts shall, in accordance with the law, exercise judicial power independently with respect to administrative cases, The people’s courts shall set up administrative divisions for the handling of administrative cases. Article 4 In conducting administrative proceedings, the people’s courts shall base themselves on facts and take the law as the criterion. Article 5 In handling administrative cases, the people’s courts shall examine the legality of specific administrative acts. Article 6 In handling administrative cases, the people’s courts shall, as prescribed by law, apply the systems of collegial panel, withdrawal Article 7 Parties to an administrative suit shall have equal legal positions. Article 8 Citizens of all nationalities shall have the right to use their native spoken and written languages in administrative proceedings. In an area where people of a minority nationality live in concentrated communities or where a number of nationalities live together, The people’s courts shall provide interpretation for participants in proceedings who do not understand the language or languages commonly Article 9 Parties to an administrative suit shall have the right to debate. Article 10 The people’s procuratorates shall have the right to exercise legal supervision over administrative proceedings. Chapter II Scope of Accepting Cases Article 11 The people’s courts shall accept suits brought by citizens, legal persons or other organizations against any of the following specific (1) an administrative sanction, such as detention, fine, rescission of a license or permit, order to suspend production or business or (2) a compulsory administrative measure, such as restricting freedom of the person or the sealing up, seizing or freezing of property, (3) infringement upon one’s managerial decision-making powers, which is considered to have been perpetrated by an administrative organ; (4) refusal by an administrative organ to issue a permit or license, which one considers oneself legally qualified to apply for, or its (5) refusal by an administrative organ to perform its statutory duty of protecting one’s rights of the person and of property, as one (6) cases where an administrative organ is considered to have failed to issue a pension according to law; (7) cases where an administrative organ is considered to have illegally demanded the performance of duties; and (8) cases where an administrative organ is considered to have infringed upon other rights of the person and of property. Apart from the provisions set forth in the preceding paragraphs, the people’s courts shall accept other administrative suits which Article 12 The people’s courts shall not accept suits brought by citizens, legal persons or other organizations against any of the following (1) acts of the state in areas like national defence and foreign affairs; (2) administrative rules and regulations, regulations, or decisions and orders with general binding force formulated and announced by (3) decisions of an administrative organ on awards or punishments for its personnel or on the appointment or relief of duties of its personnel; (4) specific administrative acts that shall, as provided for by law, be finally decided by an administrative organ. Chapter III Jurisdiction Article 13 The basic people’s courts shall have jurisdiction as courts of first instance over administrative cases. Article 14 The intermediate people’s courts shall have jurisdiction as courts of first instance over the following administrative cases: (1) cases of confirming patent rights of invention and cases handled by the Customs; (2) suits against specific administrative acts undertaken by departments under the State Council or by the people’s governments of provinces, (3) grave and complicated cases in areas under their jurisdiction. Article 15 The higher people’s courts shall have jurisdiction as courts of first instance over grave and complicated administrative cases in Article 16 The Supreme People’s Court shall have jurisdiction as a court of first instance over grave and complicated administrative cases in Article 17 An administrative case shall be under the jurisdiction of the people’s court in the locality of the administrative organ that initially Article 18 A suit against compulsory administrative measures restricting freedom of the person shall be under the jurisdiction of a people’s Article 19 An administrative suit regarding a real property shall be under the jurisdiction of the people’s court in the place where the real Article 20 When two or more people’s courts have jurisdiction over a suit, the plaintiff may have the option to bring the suit in one of these Article 21 If a people’s court finds that a case it has accepted is not under its jurisdiction, it shall transfer the case to the people’s court Article 22 If a people’s court which has jurisdiction over a case is unable to exercise its jurisdiction for special reasons, a people’s court If a dispute arises over jurisdiction between people’s courts, it shall be resolved by the parties to the dispute through consultation. Article 23 People’s courts at higher levels shall have the authority to adjudicate administrative cases over which people’s courts at lower levels If a people’s court deems it necessary for an administrative case of first instance under its jurisdiction to be adjudicated by a Chapter IV Participants in Proceedings Article 24 A citizen, a legal person or any other organization that brings a suit in accordance with this Law shall be a plaintiff. If a citizen who has the right to bring a suit is deceased, his near relatives may bring the suit. If a legal person or any other organization that has the right to bring a suit terminates, the legal person or any other organization Article 25 If a citizen, a legal person or any other organization, brings a suit directly before a people’s court, the administrative organ that For a reconsidered case, if the organ that conducted the reconsideration sustains the original specific administrative act, the administrative If two or more administrative organs have undertaken the same specific administrative act, the administrative organs that have jointly If a specific administrative act has been undertaken by an organization authorized to undertake the act by the law or regulations, If a specific administrative act has been undertaken by an organization as entrusted by an administrative organ, the entrusting organ If an administrative organ has been abolished, the administrative organ that carries on the exercise of functions and powers of the Article 26 A joint suit shall be constituted when one party or both parties consist of two or more persons and the administrative cases are against Article 27 If any other citizen, legal person or any other organization has interests in a specific administrative act under litigation, he or Article 28 Any citizen with no capacity to take part in litigation shall have one or more legal representatives who will act on his behalf in Article 29 Each party or legal representative may entrust one or two persons to represent him in litigation. A lawyer, a public organization, a near relative of the citizen bringing the suit, or a person recommended by the unit to which the Article 30 A lawyer who serves as an agent ad litem may consult materials pertaining to the case in accordance with relevant provisions, and With the approval of the people’s court, parties and other agents ad litem may consult the materials relating to the court proceedings Chapter V Evidence Article 31 Evidence shall be classified as follows: (1) documentary evidence; (2) material evidence; (3) audio-visual material; (4) testimony of witnesses; (5) statements of the parties; (6) expert conclusions; and (7) records of inquests and records made on the scene. Any of the above-mentioned evidence must be verified by the court before it can be taken as a basis for ascertaining a fact. Article 32 The defendant shall have the burden of proof for the specific administrative act he has undertaken and shall provide the evidence Article 33 In the course of legal proceedings, the defendant shall not by himself collect evidence from the plaintiff and witnesses. Article 34 A people’s court shall have the authority to request the parties to provide or supplement evidence. A people’s court shall have the authority to obtain evidence from the relevant administrative organs, other organizations or citizens. Article 35 In the course of legal proceedings, when a people’s court considers that an expert evaluation for a specialized problem is necessary, Article 36 Under circumstances where there is a likelihood that evidence may be destroyed or lost or difficult to obtain later on, the participants Chapter VI Bringing a Suit and Accepting a Case Article 37 A citizen, a legal person or any other organization may, within the scope of cases acceptable to the people’s courts, apply to an In circumstances where, in accordance with relevant provisions of laws or regulations, a citizen, a legal person or any other organization Article 38 If a citizen, a legal person or any other organization applies to an administrative organ for reconsideration, the organ shall make If the administrative organ conducting the reconsideration fails to make a decision on the expiration of the time limit, the applicant Article 39 If a citizen, a legal person or any other organization brings a suit directly before a people’s court, he or it shall do so within Article 40 If a citizen, a legal person or any other organization fails to observe the time limit prescribed by law due to force majeure or other Article 41 The following requirements shall be met when a suit is brought: (1) the plaintiff must be a citizen, a legal person or any other organization that considers a specific administrative act to have infringed (2) there must be a specific defendant or defendants; (3) there must be a specific claim and a corresponding factual basis for the suit; and (4) the suit must fall within the scope of cases acceptable to the people’s courts and the specific jurisdiction of the people’s court Article 42 When a people’s court receives a bill of complaint, it shall, upon examination, file a case within seven days or decide to reject Chapter VII Trial and Judgment Article 43 A people’s court shall send a copy of the bill of complaint to the defendant within five days of filing the case. The defendant shall Failure by the defendant to file a bill of defence shall not prevent the case from being tried by the people’s court. Article 44 During the time of legal proceedings, execution of the specific administrative act shall not be suspended. Execution of the specific (1) where suspension is deemed necessary by the defendant; (2) where suspension of execution is ordered by the people’s court at the request of the plaintiff because, in the view of the people’s (3) where suspension of execution is required by the provisions of laws or regulations. Article 45 Administrative cases in the people’s courts shall be tried in public, except for those that involve state secrets or the private affairs Article 46 Administrative cases in the people’s courts shall be tried by a collegial panel of judges or of judges and assessors. The number of Article 47 If a party considers a member of the judicial personnel to have an interest in the case or to be otherwise related to it, which may If a member of the judicial personnel considers himself to have an interest in the case or to be otherwise related to it, he shall The provisions of the two preceding paragraphs shall apply to court clerks, interpreters, expert witnesses and persons who conduct The withdrawal of the president of the court as the chief judge shall be decided by the court’s adjudication committee; the withdrawal Article 48 If the plaintiff refuses to appear in court without justified reasons after being twice legally summoned by the people’s court, the Article 49 If a participant in the proceedings or any other person commits any of the following acts, the people’s court may, according to the (1) evading without reason, refusing to assist in or obstructing the execution of the notice of a people’s court for assistance in its (2) forging, concealing or destroying evidence; (3) instigating, suborning or threatening others to commit perjury or hindering witnesses from giving testimony; (4) concealing, transferring, selling or destroying the property that has been sealed up, seized or frozen; (5) using violence, threats or other means to hinder the personnel of a people’s court from performing their duties or disturbing the (6) insulting, slandering, framing, beating or retaliating against the personnel of a people’s court, participants in proceedings or personnel A fine or detention must be approved by the president of a people’s court. Parties who refuse to accept the punishment decision may Article 50 A people’s court shall not apply conciliation in handling an administrative case. Article 51 Before a people’s court announces its judgment or order on an administrative case, if the plaintiff applies for the withdrawal of Article 52 In handling administrative cases, the people’s courts shall take the law, administrative rules and regulations and local regulations In handling administrative cases of a national autonomous area, the people’s courts shall also take the regulations on autonomy and Article 53 In handling administrative cases, the people’s courts shall take, as references, regulations formulated and announced by ministries If a people’s court considers regulations formulated and announced by a local people’s government to be inconsistent with regulations Article 54 After hearing a case, a people’s court shall make the following judgments according to the varying conditions: (1) If the evidence for undertaking a specific administrative act is conclusive, the application of the law and regulations to the act (2) If a specific administrative act has been undertaken in one of the following circumstances, the act shall be annulled or partially a. inadequacy of essential evidence; b. erroneous application of the law or regulations; c. violation of legal procedure; d. exceeding authority; or e. abuse of powers. (3) If a defendant fails to perform or delays the performance of his statutory duty, a fixed time shall be set by judgment for his performance (4) If an administrative sanction is obviously unfair, it may be amended by judgment. Article 55 A defendant who has been judged by a people’s court to undertake a specific administrative act anew must not, based on the same fact Article 56 In handling administrative cases, if a people’s court considers the head of an administrative organ or the person directly in charge Article 57 A people’s court shall pass a judgment of first instance within three months from the day of filing the case. Extension of the time Article 58 If a party refuses to accept a judgment of first instance by a people’s court, he shall have the right to file an appeal with the Article 59 A people’s court may handle an appealed case by examining the court records, if it considers the facts clearly ascertained. Article 60 In handling an appealed case, a people’s court shall make a final judgment within two months from the day of receiving the appeal. Article 61 A people’s court shall handle an appealed case respectively according to the conditions set forth below: (1) if the facts are clearly ascertained and the law and regulations are correctly applied in the original judgment, the appeal shall (2) if the facts are clearly ascertained but the law and regulations are incorrectly applied in the original judgment, the judgment shall (3) if the facts are not clearly ascertained in the original judgment or the evidence is insufficient, or a violation of the prescribed Article 62 If a party considers that a legally effective judgment or order contains some definite error, he may make complaints to the people’s Article 63 If the president of a people’s court finds a violation of provisions of the law or regulations in a legally effective judgment or If a people’s court at a higher level finds a violation of provisions of the law or regulations in a legally effective judgment or Article 64 If the people’s procuratorate finds a violation of provisions of the law or regulations in a legally effective judgment or order of Chapter VIII Execution Article 65 The parties must perform the legally effective judgment or order of the people’s court. If a citizen, a legal person or any other If an administrative organ refuses to perform the judgment or order, the people’s court of first instance may adopt the following (1) informing the bank to transfer from the administrative organ’s account the amount of the fine that should be returned or the damages (2) imposing a fine of 50 to 100 yuan per day on an administrative organ that fails to pe RULES FOR IMPLEMENTATION OF THE THE PREVENTION AND CONTROL OF WATER POLLUTION
Chapter I General Provisions Article 1 These Rules are formulated according to provisions of Article 2 Competent departments under the State Council and local Economic and construction departments of people’s governments at various Article 3 Funds, materials and equipment needed for the prevention and Article 4 Local supplementary water environment quality standards and Article 5 Units and individuals having made remarkable contributions to Article 6 When projecting the minimum discharge of a dam of large or Article 7 With regard to the planning and adjustment of various water Article 8 With regard to construction projects using imported Article 9 Enterprises and institutions discharging pollutants into water Those discharging pollutants in excess of the national or local pollutant Overall pollutant discharge indexes for newly constructed, reconstructed Overall pollutant discharge indexes for the existing enterprises and Measures for the administration of pollutant discharge license shall be Article 10 With submission of a Reporting and Registration Form for Article 11 When any pollutant treatment facilities are to be dismantled Article 12 Units who are ordered to make elimination or controlling of Environmental protection department shall inspect the elimination or Article 13 For making on-site inspections on the pollutant discharging Article 14 When making on-site inspections, the environmental protection (1) the situation of pollutant discharge; (2) the situation of functioning, operation and management of the (3) models of the monitoring instruments and equipment and the results of (4) monitoring and analysis methods adopted and monitoring records; (5) the situation of the elimination or control ordered to be completed (6) information about accidents and relevant records; (7) information about the adoption and use of productive technologies and (8) other information and materials related to the prevention and control Article 15 If a water pollution accident is caused by an enterprise or Upon receipt of the preliminary report on the water pollution accident, Article 16 When any sewage outfall needs to be relocated, the pollutant Article 17 If any sewage outfall is to be located near a water body Article 18 When industrial waste water or urban sewage is used for Article 19 Ships navigating inland rivers shall be equipped with Ships without pollution-prevention equipment or with the equipment that Article 20 Ships navigating inland rivers must hold pollution-prevention Article 21 Harbors and wharves shall be equipped with receiving and Waste oil, residual oil or refuse of ships shall not be discharged into Article 22 Ships in harbor to conduct the following operations must (1) washing decks or holds of ships carrying poisonous goods or dusty (2) discharging ballasting water, hold washing water, waste water from (3) making use of anti-oil chemicals. Article 23 When loading or unloading a ship in harbor or wharf with oil Article 24 If an accident occurs to a ship resulting in causing or Article 25 Units engaging in shipbuilding or ship repairing, Article 26 In exploiting groundwater from multiple aquifers, layered (1) aquifers with salt water, semi-salt water or brine water; (2) polluted aquifers; (3) aquifers with poisonous or harmful elements in excess of the (4) aquifers with underground hot water, hot spring or mineral water Article 27 When any exploration project needs to expose or run through Article 28 If any grotto or civil air defenses is to be used for other Article 29 If a mine shaft or pit discharges poisonous or harmful waste Article 30 Water used for artificial recharge of groundwater shall Article 31 Fines under Article 37 of the Law of the People’s Republic of (1) those who commit the act listed in Item (1), Paragraph 1, Article 37 (2) those who commit the act listed in Item (2), Paragraph 1, Article 37 (3) those committing the act listed in Item (3), Paragraph 1, Article 37 (4) those who commit the act listed in Item (4), Paragraph 1, Article 37 (5) those who commit the act listed in Item (5), Paragraph 1, Article 37 Article 32 A fine made under Paragraph 1, Article 38 of the Law of the Article 33 Fines under Article 39 of the Law of the People’s Republic of (1) enterprises or institutions causing a water pollution accident may be (2) if heavy economic losses are caused, the fine shall be 30% of the Article 34 Those, without a pollutant discharge license or a temporary Those discharging pollutants not in accordance with provisions by the Article 35 A fine given by the environmental protection department of A fine given by the environmental protection department of the A fine given by the environmental protection department of the people’s Article 36 Paying the fee for pollutant discharge or for excess Article 37 In case of any discrepancy between China’s law and any Article 38 Relevant departments of the State Council and people’s Article 39 These Rules shall enter into force on September 1, 1989. INTERIM PROVISIONS CONCERNING COMPENSATION FOR BODILY INJURY OF PASSENGERS IN DOMESTIC AIR TRANSPORT
Article 1 These Provisions are formulated for the purpose of defining the Article 2 These Provisions shall apply to the compensation for the bodily The term “domestic air passenger transportation” referred to in the Article 3 The carriers shall be liable for compensation for death and Article 4 The carriers shall not be liable for compensation provided they Article 5 The carriers’ liability to pay compensation may be reduced or Article 6 The maximum amount of compensation shall be 20,000 Renminbi Article 7 Passengers may at their own discretion to cover with an Article 8 Compensation paid to foreigners, overseas Chinese, compatriots Article 9 In the event that a dispute with respect to the compensation Article 10 The Civil Aviation Administration of China shall be Article 11 These Provisions shall become effective as of May 1, 1989 CIRCULAR OF THE STATE COUNCIL ON STRENGTHENING THE ADMINISTRATION OF THE OBTAINING OF INTERNATIONAL COMMERCIAL LOANS
The following Circular is issued, in accordance with the requirements of 1. It is imperative to control the scale of borrowing from abroad. The 2. It is imperative to exercise administration over the balance of 3. The issuance abroad of bonds shall, within the framework of the State 4.It is imperative to strengthen the administration of guarantee of 5. It is imperative to examine the projects of loans strictly. With 6. It is imperative to place a strict control on the number of windows 7. It is imperative to further improve the registration of foreign loans 8. It is imperative to arrange the structure of foreign loans rationally. People’s governments at various levels and the various departments shall This Circular shall not apply to enterprises with foreign investment. INTERIM PROVISIONS CONCERNING ADMINISTRATION OF FOREIGN CHAMBERS OF COMMERCEMEASURES FOR THE CONTROL OF RADIOACTIVE DRUGS
Chapter I General Provisions Article 1 These Measures are formulated to strengthen the control of Article 2 “Radioactive drugs” refer to any forms of radionuclide or their Article 3 All units or individuals in the People’s Republic of China are Article 4 The Ministry of Public Health is in charge of the supervisory Article 5 “New radioactive drugs” refer to those radioactive drugs that Article 6 The development of a new kind of radioactive drug includes the The research unit, when designing the technological process for a new New kinds of radioactive drugs shall be classified in accordance with the Article 7 Before the newly developed radioactive drug is put to clinical The newly developed radioactive drug may be used for clinical study at an Article 8 After completion of clinical study of a newly developed The latter shall consult the Ministry of Energy before granting a New Article 9 Before a newly developed radioactive drug is put to production, Article 10 The enterprises that produce or sell radioactive drugs are Article 11 The State shall, according to the actual conditions, make sure Article 12 Requirements for the setting up of enterprises to produce or Article 13 The term of validity of “License for the Production Article 14 Before an approved pharmaceutical enterprise produces Article 15 The production and business enterprises of radioactive drugs Article 16 The production and business enterprises of radioactive drugs All radioactive drugs are subject to quality testing. Only the products As for the drugs with short half-life radionuclide previously approved by Article 17 The production, supply and sale of radioactive drugs are under When ordering these stuff, the pharmaceutical factory must furnish a Article 18 The import and export business of radioactive drugs shall be Article 19 Imported radioactive drugs are subject to sample examination As for the drugs with short half-life radionuclide previously approved by Article 20 The packaging of radioactive drugs must be safe and reliable, The specifications must indicate the name of the producer, license number, Article 21 The shipment of radioactive drugs shall be handled in Article 22 If a medical treatment unit desires to set up a radiologic Article 23 When a medical treatment unit uses radioactive drugs, it must The term of validity of a License for the Use of Radioactive Drugs is 5 Article 24 Before a medical treatment unit holding a License for the Use Article 25 The medical treatment units that hold a License for the Use of Article 26 Waste material of radioactive drugs (including patients’ Article 27 The Pharmacopoeia Commission under the Ministry of Public Article 28 The State Administration for the Inspection and Testing of Article 29 Any unit or individual that violates these Measures shall be Article 30 The right to interpret these Measures resides in the Ministry Article 31 These Measures shall go into effect as of the date of INTERIM PROVISIONS CONCERNING THE USE OF DONATIONS IN FOREIGN EXCHANGE MADE BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG, MACAO AND TAIWAN IN THE REGULATION OF FOREIGN EXCHANGE
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MEASURES OF SHANGHAI MUNICIPALITY GOVERNING COMMODITY PURCHASING AND PRODUCT SALES BY FOREIGN INVESTMENT ENTERPRISES
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(Effective Date:1989.07.01–Ineffective Date:)
Article 1. These Measures are formulated in accordance with the provisions of the Law of the People’s Republic of China on Sino-foreign Joint Article 2. These Measures shall apply to the purchase of commodities and sale of products by Sino-foreign joint equity enterprises, Sino-foreign Article 3. A foreign investment enterprise shall have the right to import commodities required for its own use and to export its own products An import or export licence application which comes within the authorised scope of approval of the Shanghai Municipal Commission of Article 4. Before endorsing the establishment of a foreign investment enterprise which proposes to manufacture products subject to State export Article 5. Commodities required by a foreign investment enterprise for its production and business operations may be purchased on the international A foreign investment enterprise may purchase commodities from local Shanghai markets through the following channels: (1) local municipal foreign investment enterprise commodity service companies; (2) commodity dealers; (3) foreign trade corporations; (4) commodity producers; (5) bonded warehouses; (6) commodity fairs and trade centres. Units or enterprises dealing in commodities shall give priority to meeting the needs of exporting enterprises and technologically Article 6. A foreign investment enterprise may purchase without restriction on local Shanghai markets any amount of office supplies and domestic Article 7. The supply of materials needed by a foreign investment enterprise to manufacture products listed in State or local municipal production Materials required by a foreign investment enterprise for a capital construction project which is included in the city’s commodity Article 8. In the case of a Chinese investor which, together with a foreign partner, invests all or part of its assets in the establishment Article 9. A foreign investment enterprise may use its profits as investment to form affiliated enterprises with other enterprises in China Before an affiliated enterprise may be established, a foreign investment enterprise shall be required to submit documents clarifying Article 10. In addition to a foreign investment enterprise itself importing required commodities, it may also engage as an import agent a municipal All units and enterprises dealing in commodities shall be required to provide good service to foreign investment enterprises. Article 11. Foreign investment enterprises shall strive to sell their products on the international market. Products manufactured by a foreign The provisions of the Ministry of Foreign Economic Relations and Trade Measures for Foreign Investment Enterprises Purchasing Domestic Article 12. In addition to exporting its products itself, a foreign investment enterprise may also sell its products on a commission or agency (1) the foreign partner’s sales outlets; (2) State foreign trade organs based in Shanghai; (3) local foreign trade corporations and enterprises with import/ export rights; (4) State or local export commodity fairs and trade conferences. Article 13. Those products of a foreign investment enterprise which are classified as planned distribution commodities shall be included in the Article 14. A foreign investment enterprise may establish commodity purchasing and product sales agents abroad, subject to approval from relevant Article 15. Administration of enterprises invested in and established in Shanghai Municipality by Overseas Chinese, Hong Kong, Macao or Taiwanese Article 16. The Shanghai Municipal Foreign Investment Commission and the Municipal Material and Equipment Bureau shall be jointly responsible Article 17. These Measures shall take effect from 1 July 1989. The Regulations on Commodity Supply and Marketing and Price Control for Sino-foreign
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INTERIM PROVISIONS FOR THE ADMINISTRATION OF FOREIGN CHAMBERS OF COMMERCE IN CHINA
| Category | FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-06-14 | Effective Date | 1989-07-01 |
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Interim Provisions for the Administration of Foreign Chambers of Commerce in China |
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(Adopted by the State Council at the 39th Executive Meeting on April 28,
1989, promulgated by Decree No. 36 of the State Council of the People’s
Republic of China on June 14, 1989, and effective as of July 1, 1989)
Article 1 These Provisions are formulated with a view to promoting
international trade and economic and technological exchanges, strengthening
the administration of foreign chambers of commerce and protecting their
legitimate rights and interests.
Article 2 A foreign chamber of commerce in China refers to a
non-profit-making organization which is set up in accordance with these
Provisions within the Chinese territory by foreign commercial establishments
and personnel in the Chinese territory and does not engage in any business
transactions.
The activities of foreign chambers of commerce in China shall be aimed at
promoting trade and economic and technological exchanges between their members
and Chinese counterparts and facilitating their research in and discussions
about the development of international trade and economic and technological
exchanges.
Article 3 Foreign chambers of commerce in China must abide by the laws
and regulations of the People’s Republic of China and shall not jeopardize
the state security and social and public interests of China.
Article 4 For the setting up of a foreign chamber of commerce in China,
the following conditions shall be satisfied:
(1) articles of association reflecting the common will of the Chamber’s
members;
(2) a certain number of sponsoring members and responsible persons;
(3) premises as its permanent office; and
(4) lawful sources of funds.
Article 5 Foreign chambers of commerce in China shall be set up according
to their respective country origins and may have both group members and
individual members.
Group members mean those which join the chamber in the name of commercial
establishments. Commercial establishments refer to representative offices or
branches set up in the Chinese territory according to law by foreign
companies, enterprises and other economic organizations.
Individual members mean those staff members of non-Chinese nationality
working in commercial establishments or enterprises with foreign investment
and join the chamber in their own names.
Article 6 The name of a foreign chamber of commerce in China shall be
preceded by the name of its own country plus the word “China”.
Article 7 For the setting up of a foreign chamber of commerce in China, a
written application shall be submitted to the China Chamber of International
Commerce for further transmission to the Ministry of Foreign Economic
Relations and Trade of the People’s.
Republic of China (hereinafter referred to as the examining authorities)
for examination.
The examining authorities shall complete the examination within 60 days
after the date of receiving the written application and all the attached
papers. It shall issue an approval certificate if the conditions laid down in
Article 4 are satisfied or reject the application if the above-mentioned
conditions are not satisfied. The examining authorities shall give
explanations if it cannot complete the examination within the prescribed
time-limit on account of special circumstances.
Article 8 The written application for the setting up of a foreign chamber
of commerce in China shall be duly signed by the chief sponsor and accompanied
by the following papers:
(1) Articles of association of the chamber in quintuplicate, in which the
following items shall be included:
a. name and address;
b. organizational structure;
c. names and status of the Chairman, Vice-Chairmen and Managing Director;
d. procedure for the admission of members and their rights and
obligations;
e. scope of activities; and
f. financial information.
(2) A list of the sponsoring members of the chamber in quintuplicate with
the group members and individual members listed separately. For each of the
group members, the name, address, business scope and names of the responsible
persons shall be indicated. For each of the individual members, the name of
the commercial establishment or enterprise with foreign investment for which
the individual member works, as well as his position and personal resume or
a brief account of his commercial activities in China shall be indicated.
(3) Name and resume of each of the Chairman, Vice-Chairmen and Managing
Director of the chamber in quintuplicate.
Article 9 After the application for the setting up of a foreign chamber
of commerce in China has been examined and approved by the examining
authorities, the chief sponsor shall, in accordance with the stipulations of
these Provisions and other relevant laws and regulations, submit the approval
certificate to the Ministry of Civil Affairs of the People’s Republic of China
(hereinafter referred to as the registration authorities) for registration. A
foreign chamber of commerce in China is established at the time its
registration is accepted and a registration certificate is issued.
Article 10 A foreign chamber of commerce in China shall set up account
books in its office. Its membership fees and other funds obtained in
accordance with the stipulations of its Articles of Association shall be used
to cover the expenditures specified in its Articles of Association and shall
not, under any name, be used as payments to its members or remitted out of
the Chinese terntory.
Article 11 A foreign chamber of commerce in China shall submit in January
of every year a report on its activities in the previous year to the examining
authorities and the registration authorities through the China Chamber of
International Commerce.
The China Chamber of International Commerce shall provide foreign chambers
of commerce in China with consultative and other services for their activities
and contacts with relevant Chinese authorities.
Article 12 When a foreign chamber of commerce in China needs to amend its
Articles of Association or replace its Chairman, Vice-Chairman, or
ManagingDirector or change the address of its premises, it shall apply for
examination and approval and register such changes in accordance with the
procedures laid down in Articles 7, 8 and 9.
Article 13 A foreign chamber of commerce in China shall subject itself to
the supervision of relevant Chinese authorities.
Should a foreign chamber of commerce in China violate these Provisions,
the registration authorities have the power to apply sanctions by imposing
a warning or ordering to ban it.
Article 14 When a foreign chamber of commerce in China is to be
dissolved, it shall submit an application duly signed by its Chairman
together with a certificate proving the completion of its liquidation to the
registration authorities for cancelling its registration and report to the
examining authorities for the record.
A foreign chamber of commerce in China shall stop any of its activities
as of the date when it returns its registration certificate to the
registration authorities.
Article 15 These Provisions shall go into effect as of July 1, 1989.?