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. IMPORT AND EXPORT COMMODITY INSPECTION
Contents Chapter I General Provisions Chapter II Inspection of Import Commodities Chapter III Inspection of Export Commodities Chapter IV Supervision and Administration Chapter V Legal Responsibility Chapter VI Supplementary Provisions Article 1 This law is enacted with a view to strengthening the inspection Article 2 The State Council shall establish an Administration for Import Article 3 The commodity inspection authorities and other inspection Article 4 The State Administration for Commodity Inspection shall, in Article 5 Import and export commodities which are included in the list Import and export commodities specified in the first paragraph of this Article 6 Inspection on import and export commodities performed by the Import and export commodities governed by compulsory standards or other Article 7 Import and export commodities or items subject to inspection Article 8 The State Administration for Commodity Inspection and the Article 9 For import commodities which are subject to inspection by the Article 10 For import commodities which are subject to inspection by Article 11 If import commodities other than those which are subject to Article 12 For important import commodities and a complete set of Article 13 For export commodities which are subject to inspection by the Export commodities which are included in the List of Commodities shall be Article 14 Export commodities which have been inspected and passed by Article 15 An enterprise manufacturing packagings for dangerous export Article 16 For vessel holds or containers used for carrying perishable Article 17 The commodity inspection authorities may make a random Article 18 The commodity inspection authorities may, when necessary, Article 19 The commodity inspection authorities may undertake the Article 20 The State Administration for Commodity Inspection and the Article 21 The State Administration for Commodity Inspection and the Article 22 The State shall, when necessary, institute a quality licence Article 23 The commodity inspection authorities may, when necessary, Article 24 In case an applicant for the inspection of import and export Article 25 The commodity inspection authorities, the inspection The scope of business of superintending and surveying import and export Article 26 Anyone who, in violation of the relevant provisions of this Anyone who, in violation of the provisions of Article 17 of this Law, Article 27 If the falsifying or remaking of the certificates or Article 28 If a party refuses to accept the punishment decision of the Article 29 Any functionary of the State Administration for Commodity Article 30 The commodity inspection authorities and other inspection Article 31 Rules for the implementation of this Law shall be formulated Article 32 This Law shall come into force as of August 1, 1989. The PROTECTION OF WILDLIFE
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PREVENTION AND TREATMENT OF INFECTIOUS DISEASES
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CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II PREVENTION
CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION
CHAPTER IV CONTROL
CHAPTER V SUPERVISION
CHAPTER VI LEGAL LIABILITIES
CHAPTER VII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. This Law is enacted in order to prevent, control and eliminate the occurrence and epidemic of infectious diseases Article 2. The state shall implement a policy of putting the emphasis on prevention, combining prevention with treatment and Article 3. The infectious diseases governed by this Law shall be divided into Classes A, B, and C. A Class infectious diseases shall include plague and cholera. B Class infectious diseases shall include viral hepatitis, bacillary and amebic dysentery, typhoid and paratyphoid, C Class infectious diseases shall include pulmonary tuberculosis, schistosomiasis, filariasis, echinococcosis, The State Council may, according to circumstances, increase or decrease the number of A Class infectious diseases Article 4. Governments at various levels shall direct the work of preventing and treating infectious diseases, draw up programmes Article 5. The health administration departments of governments at various levels shall exercise uniform supervision over Anti-epidemic agencies at various levels and of different types shall, according to the division of professional Medical care and health institutions at various levels and of different types shall undertake the tasks of preventing, The prevention and treatment of infectious diseases in the People ‘s Liberation Army shall be carried out in Article 6. The management of food, pharmaceuticals and water which is related to the prevention and control of infectious diseases Article 7. Any unit or individual on the territory of the People’s Republic of China must respond to inquiries by medical care Article 8. Units and individuals who have made remarkable achievements in or contributions to the prevention and control of infectious
CHAPTER II PREVENTION Article 9. Governments at various levels shall carry out health education on the prevention of infectious diseases and organize Article 10. Local governments at various levels shall establish or reconstruct public health facilities in a planned way, Article 11. Medical care and health institutions at various levels and of different types shall set up preventive health organizations Municipalities, municipal districts and counties shall have hospitals for infectious diseases or clinics and Article 12. The state shall practise a planned prophylactic vaccination system. The state shall practise a system by which certificates are issued to children who have received prophylactic vaccination. Article 13. The drinking water provided by a water supply unit must conform to the hygienic standards set by the state. Article 14. Infectious disease patients, pathogen carriers and suspected infectious disease patients shall, before they Article 15. Medical care and health institutions, anti-epidemic agencies and units engaged in the experimentation Article 16. The storage, carrying and transportation of bacterial strains and virus strains of infectious diseases must be Article 17. When the sewage, wastes and feces are contaminated with the pathogen of A Class infectious diseases, the unit or the When the sewage, wastes and feces are contaminated with the pathogen of B Class or C Class infectious diseases, Article 18. The animal husbandry and veterinary departments of governments at various levels shall be responsible Wild animals related to infectious diseases common to human beings and animals shall be prohibited from being sold The animal husbandry and veterinary departments, the health departments and the public security departments of Article 19. Before a large construction project is started in an area which is a natural infection focus or a possible natural infection During the period of construction, the construction unit shall assign special personnel to take charge of anti-epidemic Article 20. For persons engaged in the prevention or treatment of infectious diseases or in scientific research or teaching
CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION Article 21. Anyone who has found an infectious disease patient or a suspected one shall promptly report to the nearby medical When medical care and health personnel or anti-epidemic personnel on duty find patients, pathogen carriers or suspected Article 22. The responsible persons concerned of governments at various levels and the persons engaged in the medical care, epidemic Article 23. The health administration department under the State Council shall promptly release information on and publicly announce
CHAPTER IV CONTROL Article 24. When medical care and health institutions and anti-epidemic agencies find infectious diseases, they shall promptly take (1) Patients and pathogen carriers of A Class infectious diseases and patients of AIDS and of pulmonary anthrax (2) For patients of B Class infectious diseases other than AIDS and pulmonary anthrax as a type of anthrax and (3) Suspected patients of A Class infectious diseases shall be kept under medical observation in designated places until (4) Necessary sanitary disposal and preventive measures shall be applied to places and objects contaminated Patients of infectious diseases,their relations and the related units as well as the local organizations of residents Article 25. In the event of an outbreak or a prevalence of an infectious disease, the local government shall immediately get (1) restricting or suspending fairs, assemblies, cinema shows, theatrical performances and other types of mass congregation; (2) suspension of work, business and school classes; (3) provisional requisition of houses and means of transport; and (4) closing public drinking water sources contaminated with the pathogen of infectious diseases. When a local government at or above the county level receives a report from a government at the next lower level The termination of emergency measures shall be announced by the authorities that originally made the decision. Article 26. In the event of an outbreak or a prevalence of an A Class or a B Class infectious disease, a local government at or above The termination of the blockade of an epidemic area shall be announced by the authorities that originally made the decision. Article 27. When a grave epidemic situation occurs, the health administration department under the State Council shall have the Article 28. The body of a person who died of plague, cholera or anthrax must be disinfected immediately and cremated at a nearby place. The medical care and health institutions and anti-epidemic agencies may, when necessary, conduct autopsy on The standing committee of the people’s congress of a province or an autonomous region may,while implementing the Article 29. The pharmaceutical department and other departments concerned shall promptly supply pharmaceuticals and instruments Article 30. Railroad, communications, and civil aviation departments must give priority to the transportation of personnel, pharmaceuticals, Article 31. The specific measures for communication quarantine for the purpose of controlling the spread of infectious diseases
CHAPTER V SUPERVISION Article 32. Health administration departments of governments at various levels shall exercise the following supervisory and managerial (1) to supervise and inspect the measures for the prevention, treatment, monitoring and control of infectious diseases (2) to instruct an inspected unit or individual to improve management of the prevention and treatment of infectious (3) to impose administrative sanctions against violations of this Law according to the provisions of this Law. The health administration department under the State Council may authorize the institutions in charge of health Article 33. The health administration departments of governments at various levels, the institutions in charge of health of The post of supervisor of infectious disease management shall be held by a qualified health professional, who shall Article 34. The medical care and health institutions at various levels and of different types shall appoint inspectors of infectious An inspector of infectious disease management shall be approved and given a certificate by the health administration department
CHAPTER VI LEGAL LIABILITIES Article 35. Any unit or individual who, in violation of the provisions of this Law, commits any of the following acts shall be ordered (1) failure on the part of a water supply unit to conform to the hygienic standards for drinking water set by the state; (2) refusal to give disinfection treatment, according to the sanitary requirements proposed by a health and (3) approving or conniving at the taking of jobs by patients of infectious diseases, pathogen carriers or suspected (4) refusal to execute other preventive and control measures proposed by the health and anti-epidemic agencies according Article 36. Any party who refuses to accept a decision on fine may, within 15 days of receiving the notice on the punishment decision, Article 37. If a person commits one of the acts specified in Article 35 of this Law and as a result causes the spread or a great risk Article 38. Any person engaged in the experimentation, storage, carrying or transportation of bacterial strains and virus Article 39. Any person engaged in the medical care and health work, epidemic prevention, surveillance and control related to
CHAPTER VII SUPPLEMENTARY PROVISIONS Article 40. The health administration department under the State Council shall, in accordance with this Law, formulate rules Article 41. This Law shall come into force as of September 1, 1989.
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PROVISIONS CONCERNING THE PAYMENT OF ROYALTIES FOR THE EXPLOITATION OF OFFSHORE PETROLEUM RESOURCES
| Category | FINANCE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-01-01 | Effective Date | 1989-01-01 |
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Provisions Concerning the Payment of Royalties for the Exploitation of Offshore Petroleum Resources |
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(Approved by the State Council on December 5, 1988, promulgated by Decree
No.1 of the Minister of Finance on January 1, 1989)
Article 1 These Provisions are formulated in accordance with the
“Regulations of the People’s Republic of China on the Exploitation of Offshore
Petroleum Resources in cooperation with Foreign Enterprises”, in order to
promote the development of national economy, to expand international economic
and technological cooperation, and to encourage the exploitation of China’s
offshore petroleum resources.
Article 2 All Chinese and foreign enterprises, which are engaged in the
exploitation of offshore petroleum resources pursuant to the law in the inland
sea, territorial sea and continental shelf of the People’s Republic of China
and in any other sea areas under the jurisdiction of the People’s Republic of
China, shall pay royalties in accordance with these Provisions.
Article 3 Royalties shall be computed and imposed on the basis of the
gross output of crude oil or natural gas produced every calendar year from
each oil or natural gas field. The rates of the royalties are as follows:
1. Crude oil
the portion of annual gross output of crude oil not exceeding 1 million
tons, shall not be subject to the payment of royalties;
for the portion of annual gross output of crude oil from 1 million to 1.5
million tons, the rate shall be 4%;
for the portion of annual gross output of crude oil from 1.5 million to 2
million tons, the rate shall be 6%;
for the portion of annual gross output of crude oil from 2 million to 3
million tons, the rate shall be 8%;
for the portion of annual gross output of crude oil from 3 million to 4
million tons, the rate shall be 10%;
for the portion of annual gross output of crude oil exceeding 4 million
tons, the rate shall be 12.5%.
2. Natural gas
the portion of annual gross output of natural gas not exceeding 2 billion
cubic meters, shall not be subject to the payment of royalties;
for the portion of annual gross output of natural gas from 2 billion to
3.5 billion cubic meters, the rate shall be 1%;
for the portion of annual gross output of natural gas from 3.5 billion to
5 billion cubic meters, the rate shall be 2%;
for the portion of annual gross output of natural gas exceeding 5 billion
cubic meters, the rate shall be 3%.
Article 4 The royalties for crude oil and natural gas shall be paid in
kind.
Article 5 The royalties for crude oil and natural gas shall be levied
and administered by the tax authorities.
With respect to the royalties of Chinese-foreign Cooperative oil or gas
fields, the operators shall act as agents for withholding the royalties, and
shall hand over the royalties withheld to China National Offshore Petroleum
Corporation, which, in turn, shall act as an agent for making the payment of
the royalties.
Article 6 The royalties shall be computed annually and paid in advance
in installments either based on times or on terms; and the final settlement
shall be made after the end of the tax year. The time limits for advance
payment and final settlement shall be set by the tax authorities.
Article 7 The oil or gas fields operators shall, within 10 days after the
end of each quarter, submit to the tax authorities a report on the output of
oil or gas fields and any other related materials required by the tax
authorities.
Article 8 The withholding agents and paying agents with regard to the
royalties must, in accordance with the time limits set by the tax authorities,
pay the royalties. In case of failure to pay the royalties within the time
limits, the tax authorities shall impose a surcharge for overdue payment equal
to 1% of the overdue royalties for everyday in arrears, starting from the
first day the payment becomes overdue.
Article 9 In the case that the oil or gas fields operators, in violation
of the provisions in Article 7, fail to submit on time to the tax authorities
the reports on output of oil or gas fields and other related materials
required by the tax authorities, the tax authorities may impose a fine in
light of the circumstances up to but not exceeding RMB 5,000 yuan; in dealing
with those who conceal the actual output, the tax authorities, in addition to
pursuing the royalties payment, may impose a fine, in light of the
circumstances, up to but not exceeding five times of the amount of royalties
that shall be made up.
Article 10 The following terms, used in these Provisions, are defined
below:
(1) Crude oil: refers to solid and liquid hydrocarbon in the natural
state as well as any liquid hydrocarbon extracted from natural gas, except
for methane ( CH4).
(2) Natural gas: refers to non-associated natural gas and associated
natural gas in the natural state.
Non-associated natural gas: refers to all gaseous hydrocarbon extracted
from gas deposits, including wet gas, dry gas, and residual gas remaining
after the extraction of liquid hydrocarbon from wet gas.
Associated natural gas: refers to all gaseous hydrocarbon extracted from
oil deposits simultaneously with crude oil, including residual gas remaining
after the extraction of liquid hydrocarbon.
(3) Annual gross output of crude oil: refers to the total amount of crude
oil produced by each oil or gas field in the same contracted area, in one
calendar year, less the quantity of oil used for petroleum operations and that
of wasted.
(4) Annual gross output of natural gas: refers to the total amount of
natural gas produced by each oil or gas field in the same contracted area, in
one calendar year, less the quantity of natural gas used for petroleum
operations and that of wasted.
Article 11 These Provisions shall become effective as of January 1, 1989.
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON ADJUSTMENT OF THE PROVISIONS CONCERNING PERSONNEL SENT ABROAD ON OFFICIAL DUTY
| Category | MISCELLANEOUS ADMINISTRATION AFFAIRS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-08-28 | Effective Date | 1989-09-10 |
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Circular of the General Office of the State Council on Adjustment of the Provisions Concerning Personnel Sent Abroad on Official |
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(August 28, 1989)
The Circular is hereby issued concerning the decision of the State Council
to carry out adjustment of the provisions concerning personnel who are sent
abroad on official duty, in order to strengthen the control of imported
articles whose importation is under restriction by the state, to check the
indiscriminate sending of personnel and groups abroad, and to promote the
development of an honest and incorruptible atmosphere among government
functionaries.
1. The existing provision shall be abolished which permits personnel to be
sent abroad on official duty to exchange a small amount of Renminbi (RMB) for
free foreign currencies.
2. The existing provision shall be abolished which permits personnel sent
abroad on official duty, to bring, every three months, into the country from
abroad duty-free a total of two articles, one selected from Category 4 and the
other from Category 5 in “A Table of Restricted Quantities for Articles to be
Carried into the Country by the Personnel Going Abroad”, as promulgated by the
Customs; the amended provisions now stipulates that those who have been abroad
for full six months (i.e. 180 days) shall be permitted to bring into the
country duty-free a total of two articles, one from Category 4 and the other
from Category 5, but the highest number of years prescribed for this
preferential treatment shall not be exceeded.
3. Beginning from September 10, 1989, all personnel sent abroad on
official duty shall have to act strictly on the amended provisions as
afore-mentioned in this Circular.
Corresponding administrative procedures shall be formulated by the
Ministry of Finance, the General Administration of Customs and the State
Administration of Foreign Exchange Control.
REGULATIONS CONCERNING THE HYGIENE SUPERVISION OVER COSMETICS
| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-11-13 | Effective Date | 1990-01-01 |
|
Regulations Concerning the Hygiene Supervision Over Cosmetics |
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Chapter I General Provisions
Chapter II Hygiene Supervision over the Production of Cosmetics
Chapter III Hygiene Supervision over Cosmetics Sales
Chapter IV The Organ for Hygiene Supervision over Cosmetics and Its
Chapter V Penalty Provisions
Chapter VI Supplementary Provisions
(Approved by the State Council on September 26, 1989, and issued by
Decree No. 3 of the Ministry of Public Health on November 13, 1989)
Chapter I General Provisions
Article 1 These Regulations are formulated to strengthen hygiene
supervision over cosmetics so as to ensure hygiene quality and safety use of
cosmetics and to safeguard the consumers’ health.
Article 2 The term “Cosmetics” referred to in these Regulations means
those daily used chemical products applied on the surface of any part of the
human body (such as skin, hair, nails and lips) by way of smearing, spraying
or other similar methods to keep the body clean, to get rid of undesirable
smell, to protect the skin, to make up the face and to increase the beauty of
the appearence.
Article 3 The State shall enforce hygiene supervision over cosmetics. The
health administrative department under the State Council is in charge of the
nationwide hygiene supervisory work on cosmetics while the health
administration departments at or above county government level are in charge
of the hygiene supervisory work on cosmetics within their respective
jurisdiction.
Article 4 All units or persons who are engaged in the production and
business of cosmetics must abide by these Regulations.
Chapter II Hygiene Supervision over the Production of Cosmetics
Article 5 The State shall exercise hygiene supervision over the
enterprises engaged in the production of cosmetics by means of Hygiene License
system. Hygiene License for the Production Enterprise of Cosmetics shall be
approved and issued by the hygiene administration department at the
provincial, autonomous regional or municipal (directly under the Central
Government) level.
The term of validity of a Hygiene License for the Production Enterprise of
Cosmetics is four years and it must be verified after two years.
No enterprise shall be allowed to engage in the production of cosmetics
without a Hygiene License.
Article 6 A production enterprise of cosmetics must meet the following
hygiene requirements:
(1) it must be built in a clean area and away from areas contaminated with
poisonous or other harmful matters at a certain distance as required by the
relevant hygiene regulations;
(2) the production building must be strong and clean. The ceiling, walls
and floors inside the workshop must be built with smooth and glazed material.
The workshop must be well-lit and have necessary facilities and equipment to
kill rats and insects and to prevent them from causing harm to the products
and from multiplying;
(3) it must have adequate depository for materials and finished products
and workshops of appropriate capacity for processing and packing purposes;
(4) the workshops must be equipped with the necessary facilities to meet
the specific requirements of the products, and the technological process must
meet the hygiene standard;
(5) it must have testing instruments and qualified technical personnel to
carry out microbiological test on its cosmetic products.
Article 7 The staff and workers directly involved in the production of
cosmetics are required to have a physical check-up every year. Only those who
hold a health certificate shall be allowed to engage in the production.
Any worker who suffers from ringworm of fingers, ringworm of finger-nails,
hand eczema, hand scale, effusive dermatosis, dysentery, typhoid, virus
hepatitis, and active tuberculosis shall not allowed to be directly engaged in
the production of cosmetics.
Article 8 The materials and additives needed in the making of cosmetics
and the immediate containers and packing materials of cosmetics must meet the
State hygiene standards.
Article 9 Before a new kind of material is used to make cosmetics, an
application must be made to the health administrative department under the
State Council for approval.
“New kind of material” refers to natural or synthetic materials that are
used to make cosmetics for the first time in China.
Article 10 The production of special cosmetics must be approved by the
health administrative department under the State Council. Only after an
approval document is obtained from this department can the factory start the
production.
“Special Cosmetics” refer to those substance used for hair nourishment,
hair-dye, hair perm, hair removing, breast massage, deodorant, fading cream
and antisunburn lotion.
Article 11 Before putting its cosmetic products onto the market, the
producer is required to conduct hygiene quality examination in accordance with
the Hygiene Standard for Cosmetics formulated by the State and mark the
qualified products. The products that are not examined or are not up to the
required hygiene standard are not allowed to be shipped out of the factory.
Article 12 On the label of a cosmetic product, the name of the product,
the name of the producer and the serial number of the hygiene license for the
production enterprise must be clearly stated; on the smaller package or the
specification sheet, the date of production and expiry must be stated. In the
case of special cosmetic products, the approval document number must also be
printed. In the case of cosmetics that may cause undesirable reactions,
warnings and instructions on the use of the product must be stated in the
specification sheet. No indications, curative effect and medical terms are
allowed to be written on the label, on the inner packing or on the
specification sheet of cosmetic products.
Chapter III Hygiene Supervision over Cosmetics Sales
Article 13 No unit or person in the cosmetics business shall be allowed
to sell cosmetics of the following kinds:
(1) the cosmetics produced by an enterprise without a Hygiene License for
the Production Enterprise of Cosmetics;
(2) the cosmetics without a quality tag;
(3) the cosmetics of which the label, the smaller package or the
specification sheet does not conform to the rules stipulated in Article 12 of
these Regulations;
(4) the special cosmetics without an approval document;
(5) the cosmetics that has expired.
Article 14 The following content shall not be allowed to be included in
cosmetic advertising:
(1) exaggerating the effectiveness of the cosmetic product through its
chosen name and the description of its production method, its properties and
efficacy;
(2) giving a guarantee in the name of other people or giving a hint to
lure consumers into misunderstanding the efficacy of the product;
(3) advertising the medical efficacy of the cosmetic product.
Article 15 When a cosmetic product is imported for the first time, the
importing unit is required to submit to the health administrative department
under the State Council the relevant information such as the specifications,
the quality standard, and the method of testing, and a sample of that
cosmetics together with a production license issued by the official department
of the exporting country (or region). Only after an approval by the health
administrative department under the State Council is obtained can the
importing unit sign the import contract.
Article 16 All imported cosmetics are subject to inspection by the State
Bureau of Import and Export Commodities Inspection. Only those qualified
cosmetics are allowed to be imported.
Cosmetics imported in small quantity for personal use shall follow the
import formalities in accordance with Customs regulations.
Chapter IV The Organ for Hygiene Supervision over Cosmetics and Its
Duties
Article 17 The health administration departments at all govermnent levels
shall exercise hygiene supervision over cosmetics. They shall entrust an
inspection organ to carry out the specific hygiene supervisory work within
their jurisdiction.
Article 18 The health administrative department under the State Council
shall invite research specialists and experts from medical units, production
enterprises and health administration organs to form an appraisal group for
the safety of cosmetics. They shall make appraisal of the safety of imported
cosmetics, special cosmetics and the new ingredients of cosmetics. Besides,
they make technical investigation in the hazardous results of cosmetics of
poor quality.
Article 19 The health administration departments at all levels shall
appoint cosmetic hygiene supervisors to exercise hygiene supervision over
cosmetics. Cosmetics hygiene supervisors shall be selected by the health
administrative department under the State Council, at the provincial,
autonomous regional or municipal (directly under the Central Government) level
from among qualified hygiene personnel and shall be issued with badges and
identity cards.
Article 20 When carrying out their duties, the cosmetic hygiene
supervisors are required to wear their badges and show their identity cards.
They must keep confidential the technical data presented by the production
enterprises.
Article 21 Cosmetic hygiene supervisors are vested with the right to
conduct sample testing of the cosmetics of any production or business unit.
They may ask for information of cosmetic safety that is related to their
hygiene supervisory work. No unit shall refuse to provide or withhold the
facts, or to present false material.
Article 22 The health administration departments, the cosmetic hygiene
supervisors or the hygiene supervision and inspection organs at all levels are
not allowed to have a hand in the production, sale or supervision of the
making of cosmetics in the form of technical consultancy, technical service
and under any other pretences.
Article 23 If any medical treatment unit finds out any cases who suffer
from undesirable effect after using a certain cosmetics, it is required to
make a report to the local health administration department.
Chapter V Penalty Provisions
Article 24 If any production enterprise without a Hygiene License for the
Production Enterprise of Cosmetics is found to have made cosmetics without
authorization, it shall be ordered to stop production and its products and
illegal earnings shall be confiscated and a fine 3 to 5 times the illegal
profits shall be imposed on it.
Article 25 If any production enterprise without holding an approval
document is found to have produced special cosmetics or have used prohibited
materials or any new ingredients that had not been previously approved, its
products and illegal earnings shall be confiscated and a fine 3 to 5 times
their illegal profits shall be imposed on it. It may be ordered to stop
production or to have its Hygiene License for the Production Enterprise
of Cosmetics revoked.
Article 26 Those who import or sell imported cosmetics that have not been
approved or examined shall be punished by having their goods and illegal
earnings confiscated and by a fine 3 to 5 times their illegal profits.
As for those enterprises holding an approval document for the production
of special cosmetics, if they violate these provisions and the case is serious
enough, their approval document shall be revoked.
Article 27 Those who produce or sell any cosmetics that are not up to the
State Hygiene Standard for Cosmetics shall be punished by having their
products and illegal earnings confiscated and by a fine 3 to 5 times their
illegal profits.
Article 28 If any production enterprise or business enterprise violates
other rules of these Regulations, they shall be given a warning and be ordered
to correct their wrong doings within a prescribed period of time; if the case
is serious enough, in the case of a production enterprise, it shall be ordered
to stop production or to have its Hygiene License for the Production
Enterprise of Cosmetics revoked; and, in the case of a business enterprise, it
shall be ordered to stop business, have its illegal earnings confiscated and
be punished by a fine 2 to 3 times their illegal profits.
Article 29 Disciplinary sanctions for violation of these Regulations
shall be decided by the health administration departments at or above the
county level. Disciplinary sanctions for violation of Article 14 of these
Regulations shall be decided by the administration department for industry and
commerce.
The punishment by revocation of the Hygiene License for the Production
Enterprise of Cosmetics shall be decided by the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Govemment) level. The punishment by revocation of the approval
document for the production of special cosmetics shall be decided by the
health administrative department under the State Council. The fine and
confiscation shall all be turned over to the State treasury and the products
confiscated shall be disposed under the supervision of the health
administration department.
Article 30 If the party concerned does not accept the disciplinary
sanction imposed by the health administration department, it may appeal to the
health administration department at a higher level for a review of the case
within 15 days after receiving the notification of the sanction. The higher
health administration department is required to give a reply within 30 days.
If it is still not satisfied with the decision made by the health
administration at the higher level, it may bring a suit to the people’s court
within 15 days after receiving the notification of the reconsideration, but it
must carry out at once the order of the health administration department about
confiscation of their products and suspension of production. If upon the
expiration of this period, the party has neither applied for reconsideration
nor complied with the sanction, the health administration department may
request the people’s court to take enforcement at law.
Article 31 In the case that the consumer is harmed physically or poisoned
as a result of violation of these Regulations, the production enterprise, the
business enterprise or the persons who are directly responsible for the
consequences must compensate for the loss. If the case has produced serious
consequences, the party responsible shall be prosecuted for criminal
responsibility by the judicial organs in accordance with the law.
Article 32 Any cosmetic hygiene supervisor who abuses his power or
engages in malpractices for personal gains or discloses the technical data
provided by the enterprise shall be subject to disciplinary sanctions; and if
the case is serious enough to constitute a crime, he shall be prosecuted for
criminal responsibility according to law.
Chapter VI Supplementary Provisions
Article 33 Hygiene supervision work over the cosmetics produced and put
to sale on the market by any units in the People’s Liberation Army shall be
conducted in accordance with these Regulations.
Article 34 The right to interpret these Regulations resides in the health
administration departrnent under the State Council and the rules for the
implementation of these Regulations shall be formulated by the health
administration department under the State Council.
Article 35 These Regulations shall come into force as of January 1, 1990.
PROVISIONS FOR THE CONTROL OF BAND ACCOUNTS OPENED ABROAD BY ENTERPRISES WITH FOREIGN INVESTMENT
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The State Administration of Foreign Exchange Provisions for the Control of Band Accounts Opened Abroad by Enterprises with Foreign investment March 1, 1989 Pursuant to the relevant stipulations of the “Rules for the Implementation of Foreign Exchange Control Relating to Enterprises with Article 1 An enterprise with foreign investment (hereinafter referred to as “enterprise”) that wishes to open bank accounts abroad out of actual Article 2 As used in Article 1 , “actual business and operational needs” refer to one of the following cases: 1. If an enterprise has regular receipts in small amounts abroad and needs to open bank accounts there to put these receipts together 2. If an enterprise has regular disbursements in small amounts abroad-in this case, the receipts entered in the accounts shall consist 3. If an enterprise has to open bank accounts abroad out of special business requirements. Article 3 In applying to the exchange control authorities for approval to open bank accounts abroad, an enterprise shall submit the following 1. an application affixed by the enterprise’s official seal and signed by the legal representative of the enterprise or a person authorized 2. a certificate issued by a public accountant registered in China confirming that the enterprise’s capital has been fully paid up according 3. the document of approval issued by the competent authorities if the enterprise has set up a representative office with resident personnel 4. the measures adopted by the enterprise to manage its bank accounts abroad. Article 4 The enterprise shall open its accounts abroad with a bank in the country or region where its foreign exchange receipts and payments Article 5 The enterprise shall maintain complete and effective control over its receipts and payments abroad and shall adopt effective managerial Article 6 The enterprise must use its own name in opening bank accounts abroad and is not allowed to transfer its funds to the accounts of other Article 7 The exchange control authorities shall examine and determine the scope of receipts and disbursements to be covered by the enterprise’s Article 8 The enterprise that opens bank accounts abroad with the approval of the exchange control authorities shall submit to the said authorities, Article 9 Within 30 days after the expiry of the using period of its bank accounts abroad, the enterprise must submit to the exchange control Article 10 The SAFE branch office that has approved an enterprise’s application to open bank accounts abroad shall submit the relevant data to Article 11 The enterprise shall submit photocopies of the opening bank’s statements, together with a statement of fund and its application, to Article 12 In accordance with the “Rules for the Implementation of Penalty of Offenses Against Exchange Control” and on the merit of each case, 1. If the enterprise has exceeded the scope approved by the exchange control authorities in using its bank accounts abroad; 2. If it has failed to submit on time the bank statements or other materials required by the exchange control authorities; 3. If it has opened bank account abroad without authorization; or 4. If it has violated these Provisions. Article 13 The right to interpret these Provisions resides in the SAFE. Article 14 These Provisions shall enter into force on March 1, 1989. |
The State Administration of Foreign Exchange
1989-03-01