RULES FOR IMPLEMENTATION OF REGISTRATION OF FOREIGN DEBT
ADMINISTRATIVE PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA
|
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. REGULATIONS ON THE COMPOSITION OF GROSS WAGES
|
PROCEDURES FOR THE ADMINISTRATION OF THE FOREIGN EXCHANGE INVOLVED IN INVESTMENT ABROAD
| Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-03-06 | Effective Date | 1989-03-06 |
|
Procedures for the Administration of the Foreign Exchange Involved in Investment Abroad |
|---|
(Approved by the State Council of the People’s Republic of China on
February 5, 1989 and promulgated by the State Administration of Foreign
Exchange Control on March 6, 1989)
Article 1 These Procedures are formulated for the purpose of promoting
economic and technological co-operation with foreign countries, strengthening
the administration of the foreign exchange involved in investment abroad and
facilitating the achievement of a balance of international payments.
Article 2 The terms “investment abroad” referred to in these Procedures
means the establishment of various kinds of enterprises abroad or the purchase
of and holding shares abroad (hereinafter collectively referred to as
“Chinese-invested enterprises abroad”) by corporations, enterprises and other
economic organizations registered inside China (not including enterprises
with foreign investment) to engage in production and business activities.
Matters related to the foreign exchange involved in investment abroad shall
be governed by these Procedures.
Article 3 Corporations, enterprises or other economic organizations that
intend to make investment abroad shall, prior to going through the procedures
of application, examination and approval of investment abroad with the
competent State authorities, provide the department for control of foreign
exchange with the information on the administration exercised by the countries
(or regions) where their investment is to be over the foreign exchange
involved in investigated by foreign countries and the relevant data, and
submit to the department the certifying documents on the source(s) of the
funds in foreign exchange earmarked for investment abroad. The department for
control of foreign exchange shall be responsible for the risk examination of
the foreign exchange earmarked for investment abroad and for the examination
of the source(s) of the funds in foreign exchange and shall present within 30
days the conclusions in writing drawn from the examinations.
Article 4 Corporations, enterprises or other economic organizations
(hereinafter referred to as “domestic investors”) that have been permitted to
make investment abroad shall handle with the department for control of
foreign exchange the procedures of registration and of remitting abroad the
funds in foreign exchange earmarked for investment abroad by presenting the
following materials:
1. the documents of approval issued by the competent State authorities;
2. the conclusions in writing drawn by the department for control of
foreign exchange from the risk examination of the foreign exchange earmarked
for investment abroad and the examination of the source(s) of the funds in
foreign exchange; and
3. the contract of the investment project or other document(s)that may
serve to certify the amount of the funds in foreign exchange that the domestic
investors shall remit abroad.
In handling the procedures of registration and of remitting abroad the
funds in foreign exchange earmarked for investment abroad as prescribed in
the first paragraph of this Article, the department for control of foreign
exchange shall re-examine the source(s) of the funds in foreign exchange of
the domestic investors.
Article 5 In going through the procedures of registration, the domestic
investors shall place a deposit as a guarantee that they shall remit the profit
back to China (hereinafter referred to as “guarantee deposit”) which is equal
to 5 percent of the amount of funds in foreign exchange to be sent abroad.
The guarantee deposit shall be placed in a special account in a bank
designated by the department for control of foreign exchange. The guarantee
deposit shall be refunded when the total amount of profit remitted back to
China is equal to the amount of funds in foreign exchange sent abroad. The
interest on the guarantee deposit shall be paid to the domestic investors in
accordance with the standard rate prescribed by the State.
If the domestic investors experience real difficulty in placing the
guarantee deposit, they may give a written commitment to the department for
control of foreign exchange that the enterprise abroad in which they invest
shall remit regularly the profit or other incomes in foreign exchange back to
China.
Article 6 The profit or other incomes in foreign exchange derived by
domestic investors from their investment abroad shall be repatriated within
6 months as of the end of the local accounting year and settled as foreign
exchange or retained as spot exchange in accordance with the pertinent
provisions of the State. Without the approval by the department for control of
foreign exchange, they may not be diverted to other uses or kept abroad.
Article 7 The share of profit or other incomes in foreign exchange that
domestic investors receive from the enterprise abroad in which they invest
shall be retained in full in the first five years as of the date of the
establishment of the enterprise and shall be retained at a percentage
calculated in accordance with the pertinent provisions of the State as of the
end of the first five years.
Article 8 A Chinese-invested enterprise abroad may, on the basis of the
need of its business operations, raise funds on its own. But without approval
by the State Administration of Foreign Exchange Control, its domestic investors
may not provide guarantee for it by any means.
Article 9 The annual accounting statements of a Chinese-invested
enterprise abroad, including the statement of assets and liabilities and the
statement of loss and profit, shall, within 6 months as of the end of the
local accounting year, be submitted by its domestic investors to the
department for control of foreign exchange.
Article 10 If a Chinese-invested enterprise abroad is to make changes in
its capital, its domestic investors shall apply in advance to the original
examining and approving authorities for approval and the changes shall be
reported to the department for control of foreign exchange for the record.
Article 11 If domestic investors are to transfer the shares of stock
of the enterprise abroad in which they invest, they shall submit to the local
department for control of foreign exchange, a report for the transfer thereof
and shall repatriate the incomes in foreign exchange thus obtained within 30
days after the completion of the transfer.
Article 12 If a Chinese-invested enterprise abroad terminates its
business operations or is dissolved in accordance with the laws of the country
(or region) in which it is located, its domestic investors shall repatriate
the assets in foreign exchange that they are enpost_titled to obtain and may not
divert them to other uses or keep them abroad without authorization.
Article 13 If a Chinese-invested enterprise abroad fails to remit back
to China their profit or other incomes in foreign exchange in accordance with
their profit plan, its domestic investors shall submit to the department for
control of foreign exchange a report on their failure to fulfil their profit
plan on schedule or on the losses sustained in business operations. If they
fail to offer sufficient justification, the department for control of foreign
exchange may deduct from their guarantee deposit a corresponding proportion
of foreign exchange and sell it to the State. If the domestic investors have
not opened a guarantee deposit account, the department for control of foreign
exchange shall deduct from their retained foreign exchange a corresponding
amount and turn it over to the State, but the total amount deducted shall not
exceed 20 percent of the amount of the funds in foreign exchange that has
been remitted abroad.
Article 14 If domestic investors violate the provisions in Articles 6,11
and 12, the department for control of foreign exchange shall order them to
repatriate the foreign exchange involved within a prescribed period of time
and may impose a fine amounting from 10 percent up to 20 percent of the amount
that should be repatriated.
If domestic investors violate the provisions in Articles 9 and 10 to a
serious extent, the department for control of foreign exchange may impose
on them a fine of Renminbi 100,000 yuan or less.
Violators of the other provisions of these Procedures shall be dealt with
in accordance with the provisions of the Rules for the Implementation of
Penalties on Violations of Foreign Exchange Control.
Article 15 The domestic investors of the Chinese-invested enterprise
abroad established before these Procedures go into effect shall, within 60
days starting from the day on which these Procedures go into effect and in
accordance with the relevant provisions of these Procedures, approach the
department for control of foreign exchange to make up for the submission of
the relevant materials and go through the procedures of registration and
shall repatriate their incomes in foreign exchange in accordance with the
relevant provisions.
Article 16 The State Administration of Foreign Exchange Control shall be
responsible for the interpretation of these Procedures.
Article 17 These Procedures shall go into effect as of the date of
promulgation.
REGULATIONS ON THE PAYMENT OF ROYALTY FOR THE EXPLOITATION OF OFFSHORE PETROLEUM RESOURCES
|
(Effective Date:1989.01.01–Ineffective Date:)
Article 1. In the interest of developing the national economy, expanding international economic and technological cooperation and encouraging Article 2. Any Chinese and foreign enterprises engaging, in accordance with the laws, in exploitation of offshore petroleum resources within Article 3. Royalty shall be computed and paid on the basis of the Annual Gross Production of Crude Oil or Natural Gas of each oil or gas field 1. Crude Oil: Royalty shall be exempted on the portion of the Annual Gross Production of Crude Oil not exceeding one million tonnes; Royalty rate for the portion of the Annual Gross Production of Crude Oil within one million tonnes to 1.5 million tonnes shall be Royalty rate for the portion of the Annual Gross Production of Crude Oil within 1.5 million tonnes to 2 million tonnes shall be 6%; Royalty rate for the portion of the Annual Gross Production of Crude Oil within 2 million tonnes to 3 million tonnes shall be 8%; Royalty rate for the portion of the Annual Gross Production of Crude Oil within 3 million tonnes to 4 million tonnes shall be 10%; Royalty rate for the portion of the Annual Gross Production of Crude Oil exceeding four million tonnes shall be 12.5%. 2. Natural Gas Royalty shall be exempted on the portion of the Annual Gross Production of Natural Gas not exceeding 2 billion cubic meters; Royalty rate for the portion of the Annual Gross Production of Natural Gas within 2 billion cubic meters to 3.5 billion cubic meters Royalty rate for the portion of the Annual Gross Production of Natural Gas within 3.5 Billion cubic meters to 5 billion cubic meters Royalty rate for the portion of the Annual Gross Production of Natural Gas exceeding five billion cubic meters shall be 3%. Article 4. Royalty for both Crude Oil and Natural Gas shall be paid in kind. Article 5. Royalty of Crude Oil and Natural Gas shall be collected and administered by the tax authorities. Royalty for the Sino-foreign cooperative oil and/or gas field shall be first withheld by the operator of such oil and/or gas field Article 6. Royalty shall be calculated on annual basis and pre-payable periodically or on the basis of operation. The final settlement shall Article 7. The operator of each oil and/or gas field shall provide to the tax authorities the production data of the said oil and/or gas field Article 8. The withholding agent and paying agent shall make the royalty payment within the time limit prescribed by the tax authorities. The Article 9. The tax authorities may, acting at their discretion, impose a penalty of less than Rmb5,000 on any operator of oil and/or gas field Article 10. The definitions of the following terms as used in these Regulations are: 1. “Crude Oil” means solid and liquid hydrocarbons in their natural state, including any liquid hydrocarbons extracted from natural 2. “Natural Gas” means non-associated natural gas and associated natural gas in their natural state. “Non-associated Natural Gas” means all gaseous hydrocarbons produced from gas reservoirs, including wet gas, dry gas and residue gas “Associated Natural Gas” means all gaseous hydrocarbons produced in association with Crude Oil from oil reservoirs, including residue 3. “Annual Gross Production of Crude Oil” means the total amount of Crude Oil produced from each oil field within the contract area 4. “Annual Gross Production of Natural Gas” means the total amount of natural gas produced from each oil field and/or gas field within Article 11. These Regulations shall go into effect from January 1, 1989.
|
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF SUGGESTIONS SUBMITTED BY THE STATE TAXATION ADMINISTRATION CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF TAX REDUCTIONS AND EXEMPTIONS
| Category | TAXATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-01-03 | Effective Date | 1989-01-03 |
|
Circular of the General Office of the State Council Concerning the Approval and Transmission of Suggestions Submitted by the State |
|---|
SUGGESTIONS CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF
(January 3, 1989)
The report “Suggestions Concerning the Appraisal, Rectification, and
Strict Control of Tax Reductions and Exemptions” submitted by the State
Taxation Administration has been approved by the State Council, and is now
hereby transmitted for implementation. Please report the results of appraisal
and rectification to the State Council by the end of March, 1989.
SUGGESTIONS CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF
TAX REDUCTIONS OR EXEMPTIONS
Last year, after the promulgation of “Decisions Concerning the Better
Enforcement of Taxation Laws and Discipline and the Improvement of Tax
Collection” by the State Council, each locality investigated and appraised
cases where excessive authority was used to grant tax reductions or exemptions
and rectified some of them. Definite positive effects have been achieved as a
result. However, because some localities have placed undue emphasis on partial
and local interests, this issue has not been thoroughly investigated and
rectified, and those cases that should be corrected remain uncorrected. Since
this year, some localities have been continuously exceeding their authority to
reduce or exempt taxes on new items. This has seriously affected the
macro-control of the national economy and the stable increase of fiscal
revenue. In conformity with the requirements of the State Council on the
prohibition of the downward spread of the power of tax collection and the
strict control of tax reductions and exemptions, the whole-hearted
rectification of reduced and exempted taxes, suggestions concerning the
appraisal, rectification, and strict control of tax reduction and exemption
are hereby put forward as follows:
1. In order to strictly control the blind development of some special
kinds of consumer goods and goods in over-supply, no locality may reduce or
exempt product taxes or value-added taxes on tobacco, alcoholic beverages,
firecrackers, fireworks, clocks, watches, bicycles, sewing machines, electric
fans, refrigerators, motorcycles, washing machines, vacuum cleaners, air
conditioners, electronic keyboards, pianos, TV sets, tape recorders, cassette
players, video cassette recorders, electronic video games, pull-top cans,
canned beverages, aluminum doors or windows, architectural decorations,
kilowatt-hour meters, saccharin, adhesive clay bricks or tiles, cosmetics for
the skin and hair, and articles for use in a memorial ceremony, which are
produced or marketed in that locality, regardless of the ownership or type of
enterprise. No product tax, value-added tax, or income tax may be reduced or
exempted for small scale wool mills, cotton mills, silk mills, oil refineries,
lacquer factories, metal rolling factories, cigarette factories, or alcoholic
beverage factories.
The reduction or exemption of taxes on all aforesaid items that have
already been approved shall be suspended and normal collection resumed as of
January 1, 1989. From now on, in order to meet the demands of state
macro-control, the State Taxation Administration is authorized, when
necessary, to list additional items that may not be subjected to tax
reductions or exemptions.
2. For importing market-saturated goods, consumer goods for which market
prices have been freed, and state-restricted imports, product taxes and
value-added taxes on the importation of these goods may not be reduced or
exempted. For export products manufactured by enterprises, a complete tax
refund will be given at the time of export, and therefore no product tax or
value-added tax on the production of export products manufactured by
enterprises may be reduced or exempted.
3. Appraisal and rectification of tax reductions or exemptions for various
companies. Taxes on comprehensive companies, banking companies and companies
in service industries should be collected according to stipulations and
regulations. No product tax, value-added tax, or business tax which should be
paid may be reduced or exempted, and such reductions or exemptions which have
been approved should be suspended immediately. In the event of true
difficulties in paying income taxes during the early stage of operation, the
period of the reduction of or exemption from income tax shall be less than one
year; reductions or exemptions from income tax that have already been approved
to exceed one year shall be enforced according to the above regulations.
4. The unified preferential policy of tax reductions or exemptions for
township enterprises stipulated by the state shall continue to be implemented,
and within the limits of their respective authorities over tax administration,
all localities shall strictly control the reduction of or exemption from
product taxes, value-added taxes, and business taxes. Approvals of tax
reduction or exemption by any locality which exceeds its respective authority
shall cease immediately. After strict verification, a special consideration of
one year reduction of or exemption from income tax may be granted to a small
number of enterprises that have authentic difficulties in paying taxes in the
early stage of operation. Any alteration of income tax rates or any collection
at a reduced portion of the tax rate by any locality must be corrected and
normal collection resumed. The range of itemized expenditures before income
tax payment shall be implemented strictly in accordance with the provisions
uniformly stipulated by the state, and may not be extended without
authorization. The examination and approval of reductions or exemptions for
township enterprises should be handled strictly in accordance with the
stipulations by present administrative systems, and the power of examination
and approval may not be transferred to lower levels of authority. After the
period for tax reduction or exemption for enterprises comes to an end, no
enterprise may obtain further tax reductions or exemptions by changing factory
names, product names, or the trademarks thereof, nor through other fraudulent
means. The discovery of such acts shall be treated and prosecuted as tax
evasion.
5. All localities and departments must strictly implement the uniform
national policies governing foreign-related taxation, and may not exceed their
respective authorities to determine preferential treatment on foreign-related
taxation. All unauthorized decisions on reduction of or exemption from taxes,
which are in violation of uniform national taxation laws and administrative
regulations promulgated by the State Council, are invalid and should be
publicly repealed and corrected.
6. In order to make greater efforts to cut down the scale of
infrastructure construction, the macro-control role of the construction tax
should be fully brought into play, and a construction tax on construction
investments made outside the state plan shall be strictly imposed. No locality
or department may reduce or exempt taxes without authorization, with the
exception of those tax reductions or exemptions stipulated uniformly in
taxation laws and regulations.
7. The tax authorities at various levels shall strengthen their
supervision and control on tax reductions or exemptions and rigorously enforce
procedures of examination and approval. In handling tax reductions or
exemptions, all tax authorities at various levels shall implement laws and
regulations impartially, and may not abuse their authority for selfish
benefits. With respect to those items of tax reduction or exemption of very
large amounts or widespread influence, the tax authorities shall carry out
specific investigations, examine them collectively, and report to higher
authorities level by level for approval. No individual may make decisions
regarding tax reductions or exemptions, and those who are in violation of this
stipulation shall be severely punished.
8. The appraisal and rectification of tax reductions or exemptions is a
policy-oriented task. It involves the economic interests of all localities,
departments, and units. The local people’s governments at various levels shall
strengthen their leadership and make earnest appraisals and rectifications
from the perspective of the general public interest and macro-scopic demands.
We suggest one leader from each province, autonomous region, and municipality
directly under the Central Government be appointed to take charge of this task.
CITY PLANNING LAW OF THE PEOPLE’S REPUBLIC OF CHINA
|
The Standing Committee of the National People’s Congress Order of the President of the People’s Republic of China No.23 The City Planning Law of the People’s Republic of China, adopted at the 11th Meeting of the Standing Committee of the Seventh National President of the People’s Republic of China Yang ShangKun December 26, 1989 City Planning Law of the People’s Republic of China ContentsChapter I General Provisions Chapter II Formulation of the Plan for a City Chapter III Development of New Urban Areas and Redevelopment of Existing Urban Areas Chapter IV Implementation of City Planning Chapter V Legal Liability Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic Article 2 This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out Article 3 The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established as The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for Article 4 The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts. Article 5 City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction Article 6 The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national Article 7 The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive Article 8 The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to Article 9 The competent department of city planning administration under the State Council shall be responsible for city planning throughout The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible Article 10 All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring charges Chapter II Formulation of the Plan for a City Article 11 The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous Article 12 The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation Article 13 In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast Article 14 In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment, In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions Article 15 In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, Article 16 In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed. Article 17 For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made Article 18 The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large and Article 19 The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include Article 20 The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and Article 21 Plans for cities shall be examined and approved at different levels. The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people’s government of the The comprehensive plan for a city which is the seat of the people’s government of a province or of an autonomous region, or for a The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted The people’s government of a city or of a county must submit the comprehensive plan for a city to the people’s congress at the corresponding The plan for a district of a city shall be examined and approved by the people’s government of the city. The detailed plan for a city shall be examined and approved by the people ‘s government of the city. The detailed plan for a city Article 22 The people’s government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising Chapter III Development of New Urban Areas and Redevelopment of Existing Urban Areas Article 23 In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational Article 24 The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city’s water front, Article 25 The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water Article 26 In the development of new urban areas, rational use shall be made of the existing facilities of a city. Article 27 In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout Chapter IV Implementation of City Planning Article 28 The plan for a city shall be announced by the people’s government of the city after it is approved. Article 29 The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected Article 30 The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme Article 31 When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction Article 32 For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its alteration Article 33 A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use. Article 34 All units and individuals must obey the decisions on readjustments in the use of land made by the people’s government of a city according Article 35 No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply corridor, Article 36 The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities. Article 37 The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban Article 38 The competent department of city planning administration may participate in the checking and acceptance of important development projects Chapter V Legal Liability Article 39 If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for Article 40 Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with Article 41 A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements Article 42 A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision, Article 43 Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices Chapter VI Supplementary Provisions Article 44 This Law may be referred to for a residents’ community in an industrial or mining district without the administrative status of a Article 45 Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning administration Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people’s congresses Article 46 This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated |
The Standing Committee of the National People’s Congress
1989-12-26
ADMINISTRATIVE PROCEDURE LAW
| Category | LITIGATION | Organ of Promulgation | The National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1989-04-04 | Effective Date | 1990-10-01 |
|
Administrative Procedure Law of the People’s Republic of China |
|---|
Contents
Chapter I General Provisions
Chapter II Scope of Accepting Cases
Chapter III Jurisdiction
Chapter IV Participants in Proceedings
Chapter V Evidence
Chapter Vl Bringing a Suit and Accepting a Case
Chapter VII Trial and Judgment
Chapter VII Execution
Chapter IX Liability for Compensation for Infringement of Rights
Chapter X Administrative Procedure Involving Foreign Interests
Chapter XI Supplementary Provisions
(Adopted at the Second Session of the Seventh National People’s Congress
on April 4, 1989, promulgated by Order No. 16 of the President of the People’s
Republic of China on April 4, 1989, and effective as of October 1, 1990)
Contents
Chapter 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 for Infringement of Rights
Chapter X Administrative Procedure Involving Foreign Interest
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
by the people’s courts, protecting the lawful rights and interests of
citizens, legal persons and other organizations, and safeguarding and
supervising the exercise of administrative powers by administrative organs in
accordance with the law.
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
by a specific administrative act of an administrative organ or its personnel,
he or it shall have the right to bring a suit before a people’s court in
accordance with this Law.
Article 3 The people’s courts shall, in accordance with the law, exercise
judicial power independently with respect to administrative cases, and shall
not be subject to interference by any administrative organ, public
organization or individual.
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 of
judicial personnel and public trial and a system whereby the second instance
is the final instance.
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 conduct adjudication and issue legal documents in the language or
languages commonly used by the local nationalities.
The people’s courts shall provide interpretation for participants in
proceedings who do not understand the language or languages commonly used by
the local nationalities.
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
administrative acts:
(1) an administrative sanction, such as detention, fine, rescission of a
license or permit, order to suspend production or business or confiscation of
property, which one refuses to accept;
(2) a compulsory administrative measure, such as restricting freedom of
the person or the sealing up, seizing or freezing of property, which one
refuses to accept;
(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 failure to
respond to the application;
(5) refusal by an administrative organ to perform its statutory duty of
protecting one’s rights of the person and of property, as one has applied for,
or its failure to respond to the application;
(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 may be brought
in accordance with the provisions of relevant laws and regulations.
Article 12 The people’s courts shall not accept suits brought by
citizens, legal persons or other organizations against any of the following
matters:
(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 administrative
organs;
(3) decisions of an administrative organ on awards or punishments for its
personnel or on the appointment or relief of duties of its personnel; and
(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,
autonomous regions or municipalities directly under the Central Government;
and
(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 areas
under their jurisdiction.
Article 16 The Supreme People’s Court shall have jurisdiction as a court
of first instance over grave and complicated administrative cases in the whole
country.
Article 17 An administrative case shall be under the jurisdiction of the
people’s court in the locality of the administrative organ that initially
undertook the specific administrative act. A reconsidered case in which the
organ conducting the reconsideration has amended the original specific
administrative act may also be placed under the jurisdiction of the people’s
court in the locality of the administrative organ conducting the
reconsideration.
Article 18 A suit against compulsory administrative measures restricting
freedom of the person shall be under the jurisdiction of a people’s court in
the place where the defendant or the plaintiff is located.
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
property is located.
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
people’s courts. If the plaintiff brings the suit in two or more people’s
courts that have jurisdiction over the suit, the people’s court that first
receives the bill of complaint shall have jurisdiction.
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 that
does have jurisdiction over the case. The people’s court to which the case has
been transferred shall not on its own initiative transfer it to another
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 at a
higher level shall designate another court to exercise the jurisdiction.
If a dispute arises over jurisdiction between people’s courts, it shall be
resolved by the parties to the dispute through consultation. If the dispute
cannot be resolved through consultation, it shall be reported to a people’s
court superior to the courts in dispute for the designation of jurisdiction.
Article 23 People’s courts at higher levels shall have the authority to
adjudicate administrative cases over which people’s courts at lower levels
have jurisdiction as courts of first instance; they may also transfer
administrative cases over which they themselves have jurisdiction as courts of
first instance to people’s courts at lower levels for trial.
If a people’s court deems it necessary for an administrative case of first
instance under its jurisdiction to be adjudicated by a people’s court at a
higher level, it may report to such a people’s court for decision.
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 that succeeds to
its rights may bring the suit.
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
undertook the specific administrative act shall be the defendant.
For a reconsidered case, if the organ that conducted the reconsideration
sustains the original specific administrative act, the administrative organ
that initially undertook the act shall be the defendant; if the organ that
conducted the reconsideration has amended the original specific administrative
act, the administrative organ which conducted the reconsideration shall be the
defendant.
If two or more administrative organs have undertaken the same specific
administrative act, the administrative organs that have jointly undertaken the
act shall be the joint defendants.
If a specific administrative act has been undertaken by an organization
authorized to undertake the act by the law or regulations, the organization
shall be the defendant.
If a specific administrative act has been undertaken by an organization as
entrusted by an administrative organ, the entrusting organ shall be the
defendant.
If an administrative organ has been abolished, the administrative organ
that carries on the exercise of functions and powers of the abolished organ
shall be the defendant.
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 the same specific administrative act or against the specific
administrative acts of the same nature and the people’s court considers that
the cases can be handled together.
Article 27 If any other citizen, legal person or any other organization
has interests in a specific administrative act under litigation, he or it may,
as a third party, file a request to participate in the proceedings or may
participate in them when so notified by the people’s court.
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 a suit.
If the legal representatives try to shift their responsibilities onto each
other, the people’s court may appoint one of them as the representative of the
principal in litigation.
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 citizen bringing
the suit belongs or any other citizen approved by the people’s court may be
entrusted as an agent ad litem.
Article 30 A lawyer who serves as an agent ad litem may consult materials
pertaining to the case in accordance with relevant provisions, and may also
investigate among and collect evidence from the organizations and citizens
concerned. If the information involves state secrets or the private affairs of
individuals, he shall keep it confidential in accordance with relevant
provisions of the law.
With the approval of the people’s court, parties and other agents ad litem
may consult the materials relating to the court proceedings of the case,
except those that involve state secrets or the private affairs of individuals.
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 and
regulatory documents in accordance with which the act has been undertaken.
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,
the expert evaluation shall be made by an expert evaluation department as
specified by law. In the absence of such a department, the people’s court
shall designate one to conduct the expert evaluation.
Article 36 Under circumstances where there is a likelihood that evidence
may be destroyed or lost or difficult to obtain later on, the participants
in proceedings may apply to the people’s court for the evidence to be
preserved. The people’s court may also on its own initiative take measures to
preserve such evidence.
Chapter Vl 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
administrative organ at the next higher level or to an administrative organ as
prescribed by the law or regulations for reconsideration, anyone who refuses
to accept the reconsideration decision may bring a suit before a people’s
court; a citizen, a legal person or any other organization may also bring a
suit directly before a people’s court.
In circumstances where, in accordance with relevant provisions of laws or
regulations, a citizen, a legal person or any other organization shall first
apply to an administrative organ for reconsideration and then bring a suit
before a people’s court, if he or it refuses to accept the reconsideration
decision, the provisions of the laws or regulations shall apply.
Article 38 If a citizen, a legal person or any other organization applies
to an administrative organ for reconsideration, the organ shall make a
decision within two months from the day of the receipt of the application,
except as otherwise provided for by law or regulations. Anyone who refuses to
accept the reconsideration decision may bring a suit before a people’s court
within 15 days from the day of the receipt of the reconsideration decision.
If the administrative organ conducting the reconsideration fails to make a
decision on the expiration of the time limit, the applicant may bring a suit
before a people’s court within 15 days after the time limit for
reconsideration expires, except as otherwise provided for by law.
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 three
months from the day when he or it knows that a specific administrative act has
been undertaken, except as otherwise provided for by law.
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
special reasons, he or it may apply for an extention of the time limit within
ten days after the obstacle is removed; the requested extention shall be
decided by a people’s court.
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
upon his or its lawful rights and interests;
(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 where it
is filed.
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 the
complaint. If the plaintiff refuses to accept the decision, he may appeal to a
people’s court.
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 provide
the people’s court with the documents on the basis of which a specific
administrative act has been undertaken and file a bill of defence within ten
days of receiving the copy of the bill of complaint. The people’s court shall
send a copy of the bill of defence to the plaintiff within five days of
receiving it.
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
administrative act shall be suspended under one of the following circumstances:
(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 court, execution
of the specific administrative act will cause irremediable losses and
suspension of the execution will not harm public interests; or
(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 of
individuals or are otherwise provided for by law.
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 members
of a collegial panel shall be an odd number of three or more.
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
affect the impartial handling of thc case, the party shall have the right to
demand his withdrawal.
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 apply for
withdrawal.
The provisions of the two preceding paragraphs shall apply to court
clerks, interpreters, expert witnesses and persons who conduct inquests.
The withdrawal of the president of the court as the chief judge shall be
decided by the court’s adjudication committee; the withdrawal of a member of
the judicial personnel shall be decided by the president of the court; the
withdrawal of other personnel shall be decided by the chief judge. Parties who
refuse to accept the decision may apply for reconsideration.
Article 48 If the plaintiff refuses to appear in court without justified
reasons after being twice legally summoned by the people’s court, the court
shall consider this an application for the withdrawal of the suit; if the
defendant refuses to appear in court without justified reasons, the court may
make a judgment by default.
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
seriousness of his offence, reprimand him, order him to sign a statement of
repentance or impose upon him a fine of not more than 1,000 yuan or detain him
for not longer than 15 days; if a crime is constituted, his criminal
responsibility shall be investigated:
(1) evading without reason, refusing to assist in or obstructing the
execution of the notice of a people’s court for assistance in its execution by
person who has the duty to render assistance;
(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 order of the
work of a people’s court; or
(6) insulting, slandering, framing, beating or retaliating against the
personnel of a people’s court, participants in proceedings or personnel who
assist in the execution of duties;
A fine or detention must be approved by the president of a people’s court.
Parties who refuse to accept the punishment decision may apply for
reconsideration.
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 the suit,
or if the defendant amends its specific administrative act and, as a result,
the plaintiff agrees and applies for the withdrawal of the suit, the people’s
court shall decide whether or not to grant the approval.
Article 52 In handling administrative cases, the people’s courts shall
take the law, administrative rules and regulations and local regulations as
the criteria. Local regulations shall be applicable to administrative cases
within the corresponding administrative areas.
In handling administrative cases of a national autonomous area, the
people’s courts shall also take the regulations on autonomy and separate
regulations of the national autonomous area as the criteria.
Article 53 In handling administrative cases, the people’s courts shall
take, as references, regulations formulated and announced by ministries or
commissions under the State Council in accordance with the law and
administrative rules and regulations, decisions or orders of the State Council
and regulations formulated and announced, in accordance with the law and
administrative rules and regulations of the State Council, by the people’s
governments of provinces, autonomous regions and municipalities directly under
the Central Government, of the cities where the people’s governments of
provinces and autonomous regions are located, and of the larger cities
approved as such by the State Council.
If a people’s court considers regulations formulated and announced by a
local people’s government to be inconsistent with regulations formulated and
announced by a ministry or commission under the State Council, or if it
considers regulations formulated and announced by ministries or commissions
under the State Council to be inconsistent with each other, the Supreme
People’s Court shall refer the matter to the State Council for interpretation
or ruling.
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 is correct,
and the legal procedure is complied with, the specific administrative act
shall be sustained by judgment.
(2) If a specific administrative act has been undertaken in one of the
following circumstances, the act shall be annulled or partially annulled by
judgment, or the defendant may be required by judgment to undertake a specific
administrative act anew:
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 of <
PROVISIONS GOVERNING THE FOREIGN EXCHANGE OF CHINESE INVESTORS IN CHINESE-FOREIGN EQUITY JOINT VENTURES AND CONTRACTUAL JOINT VENTURES
|
The State Administration of Foreign Exchange Provisions Governing the Foreign Exchange of Chinese Investors in Chinese-foreign Equity Joint Ventures and Contractual Joint Ventures the State Administration of Foreign Exchange January 7, 1989 The following Provisions are enacted to strengthen control over the foreign exchange of Chinese investors in Chinese-foreign equity Article 1 The Chinese investor in a joint venture may, starting from the day the joint venture obtains its business licence, retain all the Article 2 When Chinese employees of a joint venture go abroad on duty together with foreign employees out of the need of business, the expenses Article 3 When Chinese employees of a joint venture go abroad on duty alone, their expenses may be computed according to the standards set by Article 4 The surplus foreign exchange resulting from the difference between the sum received according to the standards of joint venture and Article 5 The Chinese investor of a joint venture shall settle with the bank the foreign exchange it has received as wages of the Chinese employees, Article 6 Unless approved by the exchange control authorities, the Chinese investor of a joint venture may be punished by the said authorities (1) depositing those foreign exchange receipts that are required by State regulations to be settled with the bank in the foreign exchange (2) using such foreign exchange to import commodities or defray other expenses through the bank accounts of the joint venture; or (3) depositing such foreign exchange abroad. Article 7 The right to interpret these provisions resides in the State Administration of Exchange Control. Article 8 These Provisions shall enter into force on March 1, 1989. |
The State Administration of Foreign Exchange
1989-01-07