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. REGULATIONS CONCERNING THE HYGIENE SUPERVISION OVER COSMETICS
Chapter I General Provisions Article 1 These Regulations are formulated to strengthen hygiene Article 2 The term “Cosmetics” referred to in these Regulations means Article 3 The State shall enforce hygiene supervision over cosmetics. The Article 4 All units or persons who are engaged in the production and Article 5 The State shall exercise hygiene supervision over the The term of validity of a Hygiene License for the Production Enterprise of No enterprise shall be allowed to engage in the production of cosmetics Article 6 A production enterprise of cosmetics must meet the following (1) it must be built in a clean area and away from areas contaminated with (2) the production building must be strong and clean. The ceiling, walls (3) it must have adequate depository for materials and finished products (4) the workshops must be equipped with the necessary facilities to meet (5) it must have testing instruments and qualified technical personnel to Article 7 The staff and workers directly involved in the production of Any worker who suffers from ringworm of fingers, ringworm of finger-nails, Article 8 The materials and additives needed in the making of cosmetics Article 9 Before a new kind of material is used to make cosmetics, an “New kind of material” refers to natural or synthetic materials that are Article 10 The production of special cosmetics must be approved by the “Special Cosmetics” refer to those substance used for hair nourishment, Article 11 Before putting its cosmetic products onto the market, the Article 12 On the label of a cosmetic product, the name of the product, Article 13 No unit or person in the cosmetics business shall be allowed (1) the cosmetics produced by an enterprise without a Hygiene License for (2) the cosmetics without a quality tag; (3) the cosmetics of which the label, the smaller package or the (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 (1) exaggerating the effectiveness of the cosmetic product through its (2) giving a guarantee in the name of other people or giving a hint to (3) advertising the medical efficacy of the cosmetic product. Article 15 When a cosmetic product is imported for the first time, the Article 16 All imported cosmetics are subject to inspection by the State Cosmetics imported in small quantity for personal use shall follow the Article 17 The health administration departments at all govermnent levels Article 18 The health administrative department under the State Council Article 19 The health administration departments at all levels shall Article 20 When carrying out their duties, the cosmetic hygiene Article 21 Cosmetic hygiene supervisors are vested with the right to Article 22 The health administration departments, the cosmetic hygiene Article 23 If any medical treatment unit finds out any cases who suffer Article 24 If any production enterprise without a Hygiene License for the Article 25 If any production enterprise without holding an approval Article 26 Those who import or sell imported cosmetics that have not been As for those enterprises holding an approval document for the production Article 27 Those who produce or sell any cosmetics that are not up to the Article 28 If any production enterprise or business enterprise violates Article 29 Disciplinary sanctions for violation of these Regulations The punishment by revocation of the Hygiene License for the Production Article 30 If the party concerned does not accept the disciplinary Article 31 In the case that the consumer is harmed physically or poisoned Article 32 Any cosmetic hygiene supervisor who abuses his power or Article 33 Hygiene supervision work over the cosmetics produced and put Article 34 The right to interpret these Regulations resides in the health 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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PROVISIONS OF THE CUSTOMS ON THE CONTROL OF LUGGAGE AND ARTICLES CARRIED BY CHINESE PERSONNEL ENTERING AND LEAVING THE COUNTRY
| Category | CUSTOMS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-09-06 | Effective Date | 1989-09-10 |
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Provisions of the Customs on the Control of Luggage and Articles Carried by Chinese Personnel Entering and Leaving the Country |
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Provisions
Appendix: Table of Restricted Quantities for Articles to Be Carried
Notes:
(Approved by the State Council on August 28, 1989 and promulgated by
the General Customs Administration on September 6, 1989)
Provisions
Article 1 These Provisions are formulated in order to show consideration
for the reasonable needs of the personnel sent abroad by the State to work
or study (hereinafter referred to as “the personnel going abroad”), and to
strengthen the control of articles the importation of which is restricted by
the State.
Article 2 The luggage and articles carried by the personnel entering
or leaving the country shall be restricted to those for personal use and
within reasonable quantities. The personnel going abroad, while entering the
country, shall be given the preferential treatment of exemption from duty
for the luggage and articles they carry along that belong to the varieties
and within the quantities stipulated in the Table of Restricted Quantities
for Articles to be Carried into the Country by the Personnel Going Abroad,
attached to these Provisions as an appendix (hereinafter referred to as “the
Table of Restricted Quantities”). The personnel going abroad, who have worked
or studied abroad, for every 6 months (i.e. 180 days), shall be permitted
to carry into the country duty-free two articles – one article each from
Category 4 and Category 5, as listed in the Table of Restricted Quantities;
the aforesaid personnel going abroad are permitted to enjoy the said
preferential treatment for four successive years at most. This time limit,
however, does not apply to the personnel sent abroad to carry out an
economic-aid program or to fulfil a labour contract. With respect to personnel
temporarily going abroad, who stay abroad for less than 6 months (i.e. 180
days), they.shall be permitted to carry into the country, after paying the
duty, two articles – one article each from Category 4 and Category 5, as
listed in the Table of Restricted Quantities, when they enter the country for
the first time in a year in terms of the Gregorian calendar.
Article 3 The term “personnel going abroad on a long-term basis”, as
used in these Provisions, refers to such personnel who are sent out by the
State to work or study abroad for a period of more than one year. The term
“personnel sent abroad to carry out an economic-aid program” refers to such
personnel who are sent to work abroad on a long-term basis to carry out an
economic and technological aid program signed between two governments.
The term “personnel sent abroad to fulfil a labour contract” refers to
such technical, engineering, and administrative personnel who are sent abroad,
holding ordinary passports issued to citizens going abroad on public
business, to fulfil a labour or construction contract, signed with foreign
businessmen by a company vested with the right to manage external contracting
and labour business with the approval of the State Council or of the Ministry
of Foreign Economic Relations and Trade. The term “personnel temporarily
going abroad” refers to various categories of personnel, who are sent,
temporarily, by the State to work abroad or study for a period of less than
one year.
Article 4 With respect to personnel going abroad on a long-term basis,
the Customs shall issue to them Registration Certificate for Duty-free
Imported Articles” (hereinafter referred to as “the Registration
Certificate”). While entering the country, the personnel going abroad on a
long-term basis (including those who are exempted from inspection) shall
declare at the Customs by filling in the Registration Certificate the articles
they carry along, so that the Customs may give clearance after inspection
and verification. The Customs shall strictly control the scope of issuance
of the Registration Certificates.
Article 5 In case the personnel going abroad on a long-term basis ask
other personnel going abroad to carry into the country articles under
Categories 4 and 5, as listed in the Table of Restricted Quantities, the
Customs shall give clearance after examining “Certification for Carrying
Articles by Entrustment” issued by a Chinese organ abroad and the Registration
Certificate of owners of the said articles, and the said articles shall be
counted in the restricted quantity of duty-free articles carried into the
country by the owners themselves. Articles that exceed the restricted quantity
are not permitted to be carried into the country by entrustment.
Article 6 In case the personnel going abroad buy articles at a unit in
the country designated by the State to provide the personnel going abroad
with goods paid for in foreign exchange, they shall present their passports,
and the articles bought shall be counted in their restricted quantity of
duty-free articles.
Article 7 In case the personnel going abroad use their own foreign
exchange earning to buy, for their work-unit, equipment and articles for
scientific research and teaching (not including such general household
electrical appliances as TV sets, tape recorders, etc.), such equipment and
articles shall be exempted from duty and the Customs shall give clearance
after it has examined and verified the certification issued by a government
organ at the department/bureau level or higher. Import duties shall be levied
on articles not belonging to the aforesaid categories in accordance with
the pertinent provisions.
Article 8 The personnel going abroad must not accept articles to be
brought into or out of the country as entrusted by persons of foreign
nationalities, overseas Chinese, and compatriots from Hong Kong, Macao, and
Taiwan; neither shall they entrust the aforesaid people with the carrying
of articles into the country.
Article 9 The personnel going abroad, while entering or leaving the
country, must not carry articles the import and export of which are forbidden
by the State.
Article 10 The personnel going abroad shall comply with these Provisions
and other pertinent provisions, and go through the Customs procedures
conscientiously. In the event that they wish to sell their personal articles
which have been given Customs clearance duty-free, they shall sell them to a
State-run commercial department that is authorized by the State to handle
foreign goods.
Article 11 Personnel who are approved to go to work in the regions of
Hong Kong and Macao shall go through the procedures also in accordance with
these Provisions when they carry articles into the country; but they must
not ask other people to carry; articles for them into the country.
Article 12 These Provisions shall go into effect on September 10, 1989.
Appendix: Table of Restricted Quantities for Articles to Be Carried
into the Country by the Personnel Going Abroad
Table of Restricted Quantities for Articles to Be Carried into the Country
by the Personnel Going Abroad
————————————————————————-
| Name of Articles | Quantity |
|————————————|———————————-|
|1.Foodstuffs, dress materials, | |
| garments, arts and crafts, | |
| ordinary watches, and other | |
| articles for daily use which | within reasonable quantities
|
| cost RMB 200 yuan or less | |
| (including RMB 200 yuan) | |
|————————————|———————————-|
|2. Cigarettes
| 400 cigarettes |
| or cigars, |
100 cigars |
| or pipe tobacco
| 500 grams |
|————————————|———————————-|
|3.Alcoholic beverages: | 2 bottles, each bottle
contains |
| with alcoholic content 12% or | no more than 0.75 liter |
| higher | |
|————————————|———————————-|
|4.TV sets, washing machines, | Personnel going abroad: for every|
| refrigerators, cameras, video | 6 months (180 days), may choose |
| cassette recorders, stereo sound | one of them, duty-free, and enjoy|
| systems, radio and tape recorders,| this preferential treatment of |
| motorcycles,and articles for daily|duty-exemption for four successive|
| use which cost between RMB 500- | years at most. Personnel sent |
| 1,000 (inclusive) yuan | abroad to carry out an
economic |
| |
-aid program and personnel sent |
| |
abroad to fulfil a labour |
| |
contract: for every 6 months (180|
| |
days), may choose one of them, |
| |
duty-free.
|
| |
Temporary personnel going abroad:|
| |
for less than 6 months, first |
| |
entry in every solar year, choose|
| |
one and pay duty. |
|————————————|———————————-|
|5.Ordinary electronic organs, | Personnel going abroad: for every|
| ordinary cameras, typewriters, and| 6 months (180 days), may choose |
| other articles for daily use which| one of them, duty-free, and enjoy|
| cost between RMB 200-5O0(inclusive)| this preferential treatment of |
| yuan
|duty-exemption for four successive|
| |
years at most. Personnel sent |
| |
abroad to carry out an economic |
| |
-aid program and personnel sent |
| |
abroad to fulfil a labour |
| |
contract: for every 6 months (180|
| |
days), may choose one of them, |
| |
duty-free.
|
| |
Temporary personnel going abroad:|
| |
for less than 6 months, first |
| |
entry in every solar year, choose|
| |
one and pay duty. |
————————————————————————-
Notes:
(1) The value of the aforesaid articles shall be appraised in accordance
with C.I.F.
(2) None of the articles listed in Category 4 and Category 5 of this Table
shall be chosen a second time in the same year.
(3) In case the temporary personnel are sent abroad many times, their
duration of stay abroad on different occasions shall not be added up to
obtain an accumulative total.
CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF THE SUGGESTIONS OF THE MINISTRY OF COMMERCE, THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE, AND THE MINISTRY OF MATERIAL SUPPLIES REGARDING THE FURTHER CHECKING UP AND RECTIFICATION OF VARIOUS TYPES OF COMMERCIAL WHOLESALE COMPANIES, FOREIGN ECONOMIC RELATIONS AND TRADE COMPANIES, AND MATERIAL SUPPLY COMPANIES
| Category | FOREIGN TRADE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-10-18 | Effective Date | 1989-10-18 |
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Circular of the State Council Concerning the Approval and Transmission of the Suggestions of the Ministry of Commerce, the Ministry |
|---|
Circular
SUGGESTIONS OF THE MINISTRY OF COMMERCE CONCERNING THE FURTHER CHECKING UP
SUGGESTIONS OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE
SUGGESTIONS OF THE MINISTRY OF MATERIAL SUPPLIES CONCERNING THE FURTHER
(October 18, 1989)
Circular
In accordance with the requirements of the “Decision Concerning the Further
Checking Up and Rectification of Companies” of the Central Committee of the
Communist Party of China and the State Council, the suggestions of the Ministry
of Commerce, the Ministry of Foreign Economic Relations and Trade, and the
Ministry of Material Supplies Regarding the Further Checking Up and
Rectification of Various Types of Wholesale Commercial Companies, Foreign
Economic Relations and Trade Companies, and Material Supply Companies, are
hereby transmitted to you, and you are requested to implement accordingly.
SUGGESTIONS OF THE MINISTRY OF COMMERCE CONCERNING THE FURTHER CHECKING UP
AND RECTIFICATION OF VARIOUS TYPES OF WHOLESALE COMMERCIAL COMPANIES (Omitted)
SUGGESTIONS OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE
CONCERNING THE FURTHER CHECKING UP AND RECTIFICATION OF VARIOUS TYPES OF
FOREIGN ECONOMIC RELATIONS AND TRADE COMPANIES
In accordance with the “Decision of the Central Committee of the Communist
Party of China and the State Council Concerning the Further Checking Up and
Rectification of Companies”, and on the basis of the “Circular of the State
Council Concerning the Further Checking Up and Rectification of Various Foreign
Economic Relations and Trade Companies”, suggestions are hereby put forward
concerning the further checking up and rectification of various foreign
economic relations and trade companies (hereinafter referred to as “the foreign
trade companies”):
1. Foreign trade companies at various levels and of various types attached
to the provinces, autonomous regions, municipalities directly under the Central
Government, and municipalities under separate planning (hereinafter referred
to as “the various localities), as well as those attached to the various
departments under the Central Government, must all conduct the checking up and
rectification strictly. Those foreign trade companies at various levels and of
various types that are not in conformity with the prescribed requirements shall
resolutely be abolished or merged, or their right to handle import and export
trade shall be revoked, strictly in accordance with the provisios of “the
Suggestions Concerning the Abolition or Merger of Companies Attached to the
Various Departments Under the Central Government” put forward by the National
Leading Group for the Checking up and Rectification of Companies. The emphasis
of the checking up and rectification is laid on the foreign trade companies at
various levels and of various types that have been established since 1988;
after the checking up and rectification, if it is really necessary to retain
one or two of them, the case shall be submitted to the Ministry of Foreign
Economic Relations and Trade for re-examination and confirmation strictly in
accordance with the six prerequisites for the establishment of foreign trade
enterprises, as prescribed by the aforesaid Ministry.
2. Foreign trade companies that fall under one of the following
circumstances shall resolutely be abolished or merged, or their right to handle
import and export trade shall be revoked:
(1) companies that do not settle their foreign exchange with the Bank of
China or with other banks designated by the State Administration for Foreign
Exchange Control, and have evaded foreign exchange control seriously;
(2) companies that have colluded with external businessmen and helped them
purchase export goods directly from the inland or handle export business,
thereby helping them evade foreign exchange control;
(3) companies that have been established in the same department or in the
same region, handling the same or similar business, so they are just
reduplicate setups;
(4) companies that do not have the necessary conditions for handling
foreign trade, or lack external marketing channels for handling export trade
but do so chiefly by entrusting other companies;
(5) the branch offices set up by local foreign trade companies outside the
provinces (autonomous regions, or municipalities directly under the Central
Government) for handling import and export business.
(6) subcompanies of the second or third rank with the right to handle
import and export trade, established by comprehensive foreign trade companies
attached to various local governments.
3. After the completion of the strict checking up and rectification,
foreign trade companies at various levels and of various types shall be
established in accordance with the following provisions:
(1) With the exception or the Ministry of Foreign Economic Relations and
Trade, from among the foreign trade companies attached to the various
departments under the Central Government, one company for each of the aforesaid
departments may be retained, depending on their respective needs; where one or
two departments really need(s) to set up companies for specialized products,
the case shall be examined and confirmed by the Ministry of Foreign Economic
Relations and Trade separately; as to the other companies, they shall all be
abolished or merged, or their right to handle import and export business shall
be revoked.
(2) From among the comprehensive foreign trade companies attached to
provinces (autonomous regions, or municipalities directly under the Central
Government), only one or two shall be retained; as to the other companies, they
shall all be abolished or merged, or their right to handle import and export
business shall be revoked.
(3) For those localities (including the municipalities at the prefectural
level, the same below) that have already been vested with the right to handle
import and export business, only one or two companies shall be retained with
their right to handle import and export, on condition that they meet the actual
needs and the prescribed requirements; as to the other companies, they shall
all be abolished or merged, or their right to handle import and export business
shall be revoked (with the exception of those companies in Guangdong and
Fujian Provinces which were established before the end of 1987).
(4) For those economic and technological development zones that have been
approved by the State Council, only one foreign trade company with the right to
handle import and export business shall be retained; as to the other
companies, they shall all be abolished or merged, or their right to handle
import and export business shall be revoked.
(5) The right to handle import and export trade of those foreign trade
companies attached to the counties (including municipalities at the county
level, the same below) shall be revoked (with the exception of those companies
in Guangdong and Fujian Provinces which were established before the end of
1987). As to one or two special cases where the foreign trade companies meet
the prescribed requirements and handle only the local specialties of their
counties, that is, the third category of export commodities promising a bright
prospect of export sales, and thus it is necessary to retain their right to
handle import and export business, such cases shall be submitted to the
Ministry of Foreign Economic Relations and Trade for approval.
(6) From among the foreign trade companies, attached to various provinces,
autonomous regions, municipalities directly under the Central Government,
municipalities under separate planning, and special economic zones that handle
barter transactions with the Soviet Union and the East European countries, only
one or two companies shall be retained; as to the other companies, they shall
all be abolished or merged, or their right to handle import or export business
shall be revoked.
(7) From among the trading companies, attached to counties adjacent to
border ports which are established with the approval of the State Council and
handle petty barter trade in the border areas, only one company shall be
retained for each of the aforesaid counties; where a port county does not meet
the prescribed requirements, a tradeing company at the region (or prefecture,
municipality) level, over the port may be retained; as to the other companies,
they shall all be abolished or merged, or their right to handle petty barter
trade in the border areas shall be revoked.
4. All international economic and technological cooperation companies
established without the approval by the State Council or by the Ministry of
Foreign Economic Relations and Trade shall all be abolished. With respect to
those international economic and technological cooperation companies (including
those companies which handle economic and technological cooperation business
with the Soviet Union and the East European countries that have been approved
by the State Council or by the Ministry of Foreign Economic Relations and
Trade, and those international economic and technological cooperation companies
that engage in the expansion of business contacts for external economic and
technological cooperation or in the trial management of the exportation of
export commodities of the third category, all the localities and departments
shall, in accordance with the seven prerequisites for the establishment of
companies of the aforesaid type as formulated by the Ministry of Foreign
Economic Relations and Trade, carry out a strict checking up and rectification
on the aforesaid companies, and then submit the cases to the Ministry of
Foreign Economic Relations and Trade for re-examination and confirmation.
5. It is necessary to re-verify and confirm the business scope of foreign
trade companies at various levels and of various types.
The first category or exptort commodities, as prescribed by the State,
shall be handled by the national foreign trade corporations, or the national
industry and trade import and export corporations as well as by their branch
offices and subsidiaries in accordance with the approved business scope, and
the aforesaid corporations shall also undertake to fulfil the export plan
transmitted by the State, and the tasks to turn over a definite amount of
foreign exchange earnings to the Central Government. All the other foreign
trade companies are not permitted to handle export commodities of the first
category; where the aforesaid provisions are violated, the foreign exchange
earnings obtained shall all be confiscated and be turned over to the Central
Government, and the responsibilities of the persons in charge shall be
investigated. A strict control should be exercised over the business scope of
foreign trade companies for handling export commodities of the second category.
The foreign trade companies attached to various departments under the Central
Government shall handle products of their own industries in accordance with the
business scope approved by the Ministry of Foreign Economic Relations and
Trade, or handle export commodities of the second or third category in
accordance with the approved business scope; the specialized foreign trade
companies attached to provinces (autonomous regions, municipalities directly
under the Central Government) shall handle export commodities of the second or
third category in accordance with the appraised and confirmed business scope;
as to those comprehensive foreign trade companies attached to provinces
(autonomous regions, or municipalities directly under the Central Government),
the foreign trade companies that are attached to prefectures and have retained
their right to handle import and export business, and the foreign trade
companies in the economic and technological development zones, they shall be
permitted to handle only export commodities of the third category. The various
categories of foreign trade companies that handle export commodities of the
second and third categories shall all undertake to fulfil the export plans and
the tasks to turn over a definite amount of foreign exchange earnings to the
Central Government or to the local governments.
The import business of foreign trade companies at various levels and of
various types shall be handled in accordance with the business scope of import
commodities approved by the Ministry of Foreign Economic Relations and Trade
and also with the existing pertinent provisions.
6. The foreign trade companies with their business scope, which are
attached to various localities and various government organs and have been
retained after the checking up and rectification, shall be submitted to the
Ministry of Foreign Economic Relations and Trade for examination and approval;
with respect to the foreign trade companies at various levels and of various
types in Guangdong and Fuiian Provinces that were established after examination
and approval, the framework for the abolishment and merger of these companies
formulated in the process of the checking up and rectification shall also be
submitted to the Ministry of Foreign Economic Relations and Trade for
examination and approval. The foreign trade companies that have been retained
after verification and confirmation shall present the examination and
confirmation certificate issued by the Ministry Foreign Economic Relations and
Trade to the administrative departments for industry and commerce for
examination and approval, and then go through the procedures for registration.
The foreign trade companies at various levels and of various types located
in Hainan Province and in the special economic zones shall be checked up and
rectified in accordance with the pertinent provisions and the unified
arrangement. The foreign trade companies at various levels and of various types
have been retained after the checking up and rectification shall be submitted
by their respective competent departments for foreign economic relations and
trade to the Ministry of Foreign Economic Relations and Trade for the record.
In the event that a company has been discovered not in conformity with the
aforesaid provisions, the Ministry of Foreign Relations and Trade has the right
to abolish it, or revoke its right to handle external business, or to readjust
its business scope.
7. In accordance with the decision of the Central Committee of the
Communist Party of China and the State Council that henceforth government
organs from the State Council down to the people’s governments at various
levels shall, in principle, not directly manage any companies, foreign trade
companies at various levels and of various types as well as companies that
chiefly handle import and export business shall all be placed under the
leadership and administration, in their line of industry and business
operations, by the Ministry of Foreign Economic Relations and Trade and by the
local competent departments for foreign economic relations and trade in
accordance with the unified policies formulated by the State.
8. After the completion of the checking up and rectification, the import
and export business related to their own products, as conducted by large and
medium-sized technology-intensive production enterprises and conglomerates of
the closely-knit type, shall be examined and approved by the local competent
departments for foreign economic relations and trade, and then submitted to the
Ministry of Foreign Economic Relations and Trade for the record; in the event
that a production enterprise or conglomerate is discovered to be short of the
prescribed qualifications for handling import and export business, the Ministry
of Foreign Economic Relations and Trade has the right to overrule it. An
application, which is filed by a national or transprovincial conglomerate for
handling import and export business, shall be examined and approved by the
Ministry of Foreign Economic Relations and Trade.
SUGGESTIONS OF THE MINISTRY OF MATERIAL SUPPLIES CONCERNING THE FURTHER
CHECKING UP AND RECTIFICATION OF VARIOUS TYPES OF MATERIAL SUPPLY
COMPANIES (Omitted)?
REGULATIONS ON PREVENTION AND CURE OF AMBIENT NOISE POLLUTION
| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The State Council | Status of Effect | Invalidated |
| Date of Promulgation | 1989-09-26 | Effective Date | 1989-12-01 | Date of Invalidation | 1997-03-01 |
|
Regulations of the People’s Republic of China on Prevention and Cure of Ambient Noise Pollution |
|---|
Chapter I General Provisions
Chapter II Standards of Ambient Noise and Monitor and Measure of Ambient
Chapter III Provention and Cure of Industrial Noise
Chapter IV Provention and Cure of Noise Pollution out of Construction
Chapter V Provention and Cure of Noise Pollution from Communications
Chapter VI Provention and Cure of Noise Pollution from Social Lives
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
(Adopted by the 47th Executive Meeting of the State Council on September
1, 1989, promulgated by Decree No.40 of the State Council of the People’s
Republic of China on September 26, 1989)(Editor’s Note: These Regulations
have been annulled by Law of the People’s Republic of China on the Prevention
and Control of Environmental Noise Pollution promulgated on October 29, 1996)
Chapter I General Provisions
Article 1 With a view to preventing and curing ambient noise pollution,
ensuring for people a good living environment and safeguarding health of
people, the present Regulations are hereby formulated.
Article 2 The term “ambient noise” mentioned in the present Regulations
refers to any sound that is produced in industrial production, construction,
transportation, and other social lives and that affects living environment
thereabout.
The term “ambient noise pollution” mentioned in the present Regulations
refers to emission of the undesired ambient sound to such an extent that
exceeds the state prescribed standards of ambient sound and disturbs people’s
working, studying, living and other normal activities.
Article 3 Any unit or individual whoever emits undesired ambient sound
within the territory of the People’s Republic of China shall comply with the
present Regulations.
Article 4 The State Council and local people’s governments at different
levels shall include prevention and cure of ambient noise pollution in their
plans for state economy and society development and shall adopt countermoves
and measures to prevent and cure ambient noise pollution.
Article 5 Local governments at different levels when formulating
construction programmes for cities, towns and villiages shall properly design
different functional areas and location of constructions, structions and roads
in such a way that prevents the future ambient noise from polluting the
environment and safeguards peace of the living environment.
Article 6 Environmental protection departments of local governments at
different levels shall be responsible for unified supervision and
administration of prevention and cure of ambient noise pollution.
Departments at different levels in charge of social security,
transportation, railway and civil aviation shall be responsible for
supervision and control of ambient noise emitted by motor- driven
vehicles, trains, ships and aircrafts respectively.
Public security organs at different levels shall be resposible for
supervision and control of ambient noise emitted in social lives.
Article 7 Any unit or individual shall have the duty to protect the
environment from noise pollution and shall have the right to report and charge
against any unit or individual who creates ambient noise pollution.
Any unit or individual who is directly affected by ambient noise pollution
shall have the right to claim for alleviation and elimination of the harm of
ambient noise pollution.
Article 8 The State shall encourage scientific research on provention
and cure of ambient noise pollution, spread advanced technology thereof and
improve science and technology on provention and cure of ambient noise
pollution.
Article 9 The people’s government shall extend praise and reward to those
units and individuals who have made outstanding achivements in provention and
cure of ambient noise pollution.
Chapter II Standards of Ambient Noise and Monitor and Measure of Ambient
Noise
Article 10 The environment protection department of the State Council
shall formulate the national quality standards governing ambient noise.
Local people’s governments at and above the county level shall, according
to prescriptions of diffenent national ambient noise quality standards
applicable to different districts, designate different environmental districts
within their own administrative regions.
Article 11 The environment protection department of the State Council
shall formulate the national standards governing ambient noise emission
in accordance with the national ambient noise quality standards and in
light of economic and technological conditions.
The people’s government of province, profecture or autonomous region may
in consideration of local needs formulate local standards governing ambient
noise emission of items which are not covered by the national standards; or
where necessity so arises and where economic and technological conditions so
permit formulate stricter local standards than the national ones on items
already included in the national standards. Local standards governing ambient
noise emission shall be submitted to the environment protection department of
the State Council for record.
Whenever ambient noise is emitted in the living areas where local
standards governing ambient noise emission are available, the local standards
shall be complied with.
Article 12 The environment protection department of the State Council
shall establish a system for monitoring and measuring ambient noise, organise
a net for monitoring and measuring ambient noise and formulate unified
methodology for monitoring and measuring ambient noise.
Article 13 Wherever the ambient noise emission standards are exceeded,
effective measures shall be taken to bring the situation under control and a
fee shall be levied for pollution emission above nomal standards according to
corresponding state provisions. The fees so levied shall be used for the
purpose of provention and cure of ambient noise pollution.
Article 14 Environment protection departments and other concerned
supervisory and administrative organs shall within their own territory
administration have the power to conduct on- the- spot investigations with any
unit or individual who has ambient noise imitted. The concerned unit and
individual shall report the true situation and supplyy necessary materials.
The investigator shall have the duty to keep confidential technological and
business secrets for the benefit of concerned unit or individual.
Chapter III Provention and Cure of Industrial Noise
Article 15 Any new construction, reconstruction or extension shall be
subject to corresponding state provisions regarding environment protection
with construction.
The report of environmental implications of construction shall include
assessment of possible ambient noise emitted in the construction, provisions
on provention and cure measures and shall be submitted to environment
protection department for approval in accordance with prescribed procedures.
Finished construction before being used for production or other purposes
shall have its facilities for proventing and curing noise pollution be subject
to the check- up of environment protection department and be deemed up to the
standard.
Article 16 Wherever industrial noise is emitted to ambient living
environment, a report shall be submited to the environment protection
department of the local government for registration of all facilities that
emits noise, facilities for cure of noise pollution, types, number of noise
sources and intensity of the noise emitted under normal operation conditions;
and relevant materials concerning provention and cure of noise pollution
shall be supplied.
In case there is a great change concerning the type, number of noise
sources and intensity of noise, it shall be reported in time. Dismantlement or
idling of facilities for cure of noise pollution shall be subject to approval
of environment protection department of the local people’s government.
Article 17 Enterprises and institutions whenever having noise emitted
into ambient living environment shall comply with corresponding state
prescriptions of standards governing emission of ambient noise within limited
boundary.
Article 18 Any enterprise or institution who has noise emitted in excess
of the state prescribed standards governing emission of ambient noise within
limited boundary and consequently creates serious environmental pollution
shall cure the situation within a limited time.
The cure of noise pollution within a limited time by an enterprise or
institution under the auspices of the people’s government at or below the
municipal or county level shall be proposed by the environment protection
department of the municipal or county people’s government. The proposal shall
be submitted for approval to the people’s government at the same level. The
cure of noise pollution within a limited time by an enterprise or institution
under the direct auspices of relevant departments of the State Council or the
people’s government of province, autonomou regions or municipality under the
direct leadership of the central government shall be proprosed by the
environment protection department of the people’s government of province,
autonomous regions or municipality under the direct leadership of the central
government. The proposal shall be submitted for approval the people’s
government at the same level.
Article 19 In case an enterprise which produces products of urgent
necessity to the national economy is unable to eliminate ambient noise
pollution through controll of noise sources due to actual economical or
technological restrictions, the enterprise shall adopt effect measures to
reduce the harm of noise pollution to a minimum and shall make an agreement
through negotiation with the organisation of suffered residents and other
relevant units opon other arrangements for protection of the rights and
interests of the victims subject to the approval of the local people’s
government.
Article 20 Any unit who engages in activities with occasional emission of
strong noise shall in advance file an application with the environment
protection department of the local people’s government and the public security
organ, only after the obtainment of approval from which can such activities
be conducted.
In advance to the occassional emission of strong noise the environment
protection department of the local people’s government and the public security
organ shall make a joint declaration to notify the public.
Chapter IV Provention and Cure of Noise Pollution out of Construction
Article 21 Any unit in charge of construction who has noise emitted into
ambient living environment shall comply with state prescribed standards
governing emission of ambient noise within limited boundary of construction.
Article 22 In case facilities, equipments or other apparatus when used
in construction may create noise in excess to state prescribed standards
governing emission of ambient noise within limited boundary of construction,
a report shall be made 15 days prior to the beginning of construction to
environment protection department of the local people’s government upon the
name of the construction project, the name of the unit in charge of
construction, location and length of construction, intensity of noise possibly
emitted within the construction boundary and measures to be adopted for
prevention and control of noise pollution.
Article 23 In case the emission of construciton noise exceeds the state
prescribed standards governing emission of ambient noise within limited
construction boundary to the detriment of the ambient living environment,
environment protection department of the local people’s government may impose
restriction upon the time of construction subject to approval of the people’s
government at or above the county level.
Article 24 It shall be prohibited to conduct construction at night that
creates noise pollution and disturbs the rest of residents in residential
districts, cultural and educaional districts or convalescent districts except
for urgent repairs or emergency. If technology or special necessity requires
continuous construciton, it shall be subject to approval of environment
department of the people’s government at or above the county level.
Article 25 In case the emission of construction noise into ambient living
environment exceeds state prescribed standards governing emission of ambient
noise within limited construction boundary and is unable to be eliminated
through controll of noise sources due to actual economical or technological
restrictions, effect measures shall be adopted to reduce noise pollution to a
minimum and an agreement shall be made through negotiation with the
organisation of the affected residents and other relevant units opon other
arrangements for protection of the rights and interests of the victims subject
to the approval of the local people’s government.
Chapter V Provention and Cure of Noise Pollution from Communications
Article 26 Moving motor vehicles shall have equipped with them silencers
and whistles complying with prescriptions and shall keep effective
technological functions. The whole vehicle shall not emit noise in excess of
prescribed standards governing emission of noise by motor vehicles. Those
which can not reach the standards in terms of noise emission shall not be
licensed.
Equipment of alarms on fire trucks, ambulances, construction
emergency trucks and security trucks shall comply with corresponding
provisions of the security department. Alarms shall not be used when it
is not an urgent situation and where such use is prohibited.
Article 27 Different motor-driven ships including hovercrafts shall
use sound signals according to corresponding provisions.
Article 28 Public security departments and communications
administration departments of the people’s governemnts at or above the
county level may, with a view to preventing and controlling of traffic
noise pollution and reaching the quality standards governing ambient
noise, make their prescriptions as to where and when motor- driven
vehicles and ships are prohibited from moving.
Article 29 Trains passing or arriving in urban district of a city,
convalescent district or scenic spot shall use only air whistle.
Article 30 Aircrafts which emit noise when taking off or landing shall
conform to the standards governing emission of noise by aircrafts. Aircrafts
shall be prohibited from exercising hedgehopping in the air over urban
district of a city.
Article 31 Bus or railway stations, marshalling stations, harbour,
wharfs, airports and other hubs of communications where loudspeakers are used
shall bring the volume of loudspeakers under control so as to reduce the
influence of noise upon ambient environment.
Chapter VI Provention and Cure of Noise Pollution from Social Lives
Article 32 Loudspeakers of strong power and propaganda cars with
loudspeakers of strong power shall be banned to be used in public
districts such as streets, squares, parks and convalescent districts
and scenic spots without prior approval of the people’s government at
or above the county level.
Article 33 It shall be prohibited to make loud noise to canvassing
customer in commercial districts.
Article 34 Managers of entertainment places, sports gymnasiums and
stadiums shall adopt effective measures to lessen or eliminate the
influence of noise upon ambient environment.
Article 35 Anyone who uses household appliances or organise indoor
entertainment activities shall control the volume of sound to avoid
disturbing other residents.
Chapter VII Legal Liabilities
Article 36 For committing of any of the following offences in
violation of the present Regulations, environment protection department
or other supervisory and administrative organ may, besides charging
the offender to make correction, give him a warning or fine punishement
in light of the seriousness of the offence:
1) refusal of or lying in report for registration of matters concering
emission of noise as are required by environment protection department
of the State Council;
2) arbitrarily dismantling or idling facilities for prevention and
cure of noise pollution or having noise emitted in excess of prescribed
standards governing noise emission without prior approval of
environment protection department;
3) refusal to accept on-spot investigation of environment protection
department or other supervisory and administrative organ or practicing
fraud during the investigation;
4) disobey of the provisions of the people’s government regarding
restriction on time of construction or continuing construction without
prior approval at night in residential districts, cultural and
educational districs, convalescent districts which disturbs the rest of
resident;
5) vehicles emitting noise in excess of prescribed standards governing
emission of noise by motor-driven vehicles;
6) trains using air whistles when passing or arriving in urban
district of cities, convalescent districts or scenic spots;
Article 37 In case the fee for emission of pollution fails to be paid, a
fine may be imposed in addition to pursuing the payment of the fee or
the fee for emission of pollution in excess of prescribed standards and
overdue fine.
Article 38 Committing of any of the following offence in violation of
the present Regulations shall be punished by the public security organs
according to the Regulations of the People’s Republic of China
Regarding Security Administration and Penalties:
1) using loudspeakers of strong power or propaganda cars with strong
power loudspeakers in public places such as streets, squares, parkes or
in convalescent districts or scenic spots without prior approval of the
people’s government at or above the county level;
2) resorting to methods with loud noise to canvass customers;
3) making noise that disturbs others indoors or in public places;
4) failure to equip or use alarms for vehicles of special purposes in
accordance with correponding provisions;
5) driving motor vehicles or sailing ships when and where it is
banned to do so;
Article 39 In case a construction is used for production or other
purposes when facilities for provention and cure of noise pollution
are not finished or up to the corresponding state provisions regarding
environment protection with constructions, the original environment
protection department who reviewed and approved the report of
environment implications of the construction shall order to stop
production or use and may impose a fine as well.
Article 40 In case an enterprise or institution fails to complete the
ordered treatment of noise within a limited time, a fine may be imposed
in light of the conscequent damages or a charge may be issued to
suspend production or shut down in addition to payment of certain fee
for emission of pollution according to corresponding state provisions.
The punishment of fine shall be decided by environment protection
department or other supervisory and administrative department. The
charge to suspend production or shut down shall be issued by the
people’s government who ordered the treatment of noise within a limited
time. If the charge to stop production or shut down is to be issued to
an enterprise or institution under the direct auspices of relevant
department of the State Council, it shall be submitted for approval to
the revelant department.
Article 41 If an offence in violation of the present Regulations
causes serious damages in consequence of noise pollution, the unit to
which the offender is attached or the responible organ at the higher
level shall impose an administrative disciplinary sanction, or in case
a crime is constituted, the criminal liabilities shall be assessed.
Article 42 If the person concerned refuses to accept the disciplinary
sanction, the person may within 15 days upon receipt of the notice of
sanction apply for reconsideration with the authority of a level
immediately above the organ who decided the sanction. If the person
concerned again refuses to accept the decision after reconsideration,
the person may within 15 days upon receipt of notice of decision after
reconsideration bring a suit with the people’s court. Alternatively the
person concerned may within 15 days upon receipt of the notice of sanction
directly go to the people’s court for legal proceedings. If the deadline for
such actions has been passed with the person concerned neither applying for
reconsideration or sueing with the people’s court nor carrying out the
decision of sanction, the organ who made the decision of sanction shall apply
with the people’s court for enforced implementation of the decision.
Any refusal to accept punishment of security administration shall be
handled according to the regulations regarding security administration
and penalties.
Article 43 Any unit or individual who have caused emission of noise
pollution shall have the liabilities to eliminate the consequent harms
and compensate the units or individuals for the losses they directly
suffers.
Disputes aring from compensation liabilities and volume of damages
shall be handled by environment protection department upon request of
the concerned parties. The concerned party who refuses to accept the
decision upon the disputes may sue with the people’s court. Alternatively
concerned parties may directly go to the people’s court for a suit.
Article 44 Any occurrence of abuse of power, favoritism or negligence
by the environment protection or supervision staff shall be punished by
way of disciplinary sanction or where a crime is constituted the
criminal liabilities shall be assessed.
Chapter VIII Supplementary Provisions
Article 45 The environment protection department of the State Council
shall be responsible for interpretation of the present Regulations.
Article 46 Provinces, autonomous regions and municipalities under the
direct leadership of the Central Government may formulate more
detailed provisions for implementation of the present Regulations in
light of their own circumstances.
Regulations regarding prevention and cure of noise pollution from
military activities shall be seperately formulated by the military.
Article 47 The present Regulation shall come into effect as of the
date of December 1, 1989.
INTERIM PROVISIONS GOVERNING NON-SCHEDULED FLIGHTS IN CIVIL AIR TRANSPORT
| Category | CIVIL AVIATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-03-02 | Effective Date | 1989-03-02 |
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Interim Provisions Governing Non-scheduled Flights in Civil Air Transport |
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(Adopted at the 31st Executive Meeting of the State Council on January 3,
1989, promulgated by Decree No. 29 of the State Council of the People’s
Republic of China on March 2, 1989 and effective as of the date of
promulgation)
Article 1 These Provisions are formulated for the purpose of safeguarding
the rights and interests of the State in aviation, ensuring safety in air
transport and promoting the development of civil air transport.
Article 2 These Provisions shall apply to the non-scheduled flights of
Chinese and foreign aircraft engaged in carrying passengers, baggage, cargoes
and mail within the territorial spheres of the People’s Republic of China and
between the People’s Republic of China and foreign countries.
Article 3 The term “non-scheduled flights” referred to in these
Provisions denotes civil air transport flight other than scheduled air
services.
Article 4 The operation of non-scheduled flights shall be subject to the
submission on an application to the Civil Aviation Administration of China
(CAAC) for its approval. The application and approval procedures shall be
formulated by the CAAC.
Article 5 The operation of non-scheduled flights shall abide by the
transport regulations formulated by the CAAC and may not affect the normal
operations of scheduled flights.
Article 6 Air crew and aircraft engaged in non-scheduled flights shall
meet the criteria or be up to the technical standards stipulated by the CAAC
and possess and bear a Crew Licence, the Aircraft Registration Certificate,
the Aircraft Airworthiness Certificate and other certificates and documents
as required to be on board in accordance with the relevant provisions.
Article 7 The operation of non-scheduled flights for commercial
transportation into or out of the territorial spheres of the People’s
Republic of China by a foreign civil air carrier shall be handled in
accordance with the relevant provisions in the air transport agreement entered
into by the Government of the People’s Republic of China and the Government
of the foreign country to which the said carrier belongs.
Article 8 No foreign civil air carrier may operate non-scheduled flights
for commercial transportation between any two points within the territorial
spheres of the People’s Republic of China.
Article 9 To remunerated non-scheduled flights for commercial
transportation operated by foreign civil air carrier, the Chinese authorities
shall have the right to levy compensation for the grant of air traffic right.
Article 10 Chinese civil air carriers shall have the priority to operate
non-scheduled flights originating in the People’s Republic of China and
destined for foreign countries, for carrying passengers, baggage, cargoes and
mail.
Article 11 The tariffs and the terms and conditions as well as the
measures for the administration for non-scheduled flights in civil air
transport shall be formulated by the CAAC in conjunction with the State
Administration of Commodity Prices.
Article 12 Unless otherwise specially approved by the CAAC, a foreign
aircraft engaged in non-remunerated non-scheduled flights may only land at
designated point within the territorial spheres of the People’s Republic of
China and may not carry out of the territorial spheres of the People’s
Republic of China any people or cargoes other than those the aircraft has
originally carried on board, nor may it leave within the territorial spheres
of the People’s Republic of China any people and cargoes it has originally
carried on board.
Article 13 Aircraft engaged in non-scheduled flights for international
transport shall complete such procedures as border inspection, Customs
clearance, quarantine and security examination and pay the fees in accordance
with the relevant provisions.
Article 14 Foreign aircraft engaged in non-scheduled flights and their
crew members, and the passengers, baggage, cargoes and mail that they carry on
board, whether entering, or leaving, or remaining within the territorial
spheres of the People’s Republic of China, shall abide by the relevant laws,
regulations and rules of the People’s Republic of China and pay various fees
in accordance with relevant provisions.
Article 15 Operators of foreign aircraft engaged in non-scheduled flights
must cover liability insurance against damage that the aircraft may incur to
the third party on the ground while flying within the territorial spheres of
the People’s Republic of China and they must also cover the statutory
liability insurance if they operate non-scheduled flights for carrying
passengers, baggage, cargoes and mail.
Article 16 The CAAC shall have the power to impose such penalties upon
those units and individuals that violate these Provisions, as warning, fine,
compulsory suspension of flights or revocation of relevant certificates. If
the violation constitutes a crime, the judicial organs shall investigate the
criminal liability of those responsible.
Article 17 The CAAC shall be responsible for the interpretation of these
Provisions.
Article 18 These Provisions shall become effective as of the date of
promulgation.