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1995

CIRCULAR OF THE STATE COUNCIL ON STRENGTHENING THE ADMINISTRATION OF THE OBTAINING OF INTERNATIONAL COMMERCIAL LOANS

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-01-12 Effective Date  1989-01-12  


Circular of the State Council on Strengthening the Administration of the Obtaining of International Commercial Loans



(January 12, 1989)

    The following Circular is issued, in accordance with the requirements of
the Central Authorities concerning the improvement of the economic environment,
the straightening out of the economic order and the deepening of the reform,
for the purpose of strengthening the administration over the obtaining of
international commercial loans.

    1. It is imperative to control the scale of borrowing from abroad. The
various localities and departments shall act in strict accordance with the
State plan for the use of foreign funds. No departments or units may, without
authorization, obtain from abroad any kind of international commercial loans
or borrow money from the Chinese institutions and banks operating abroad, if
such obtaining or borrowing is not included in the State plan for the use of
foreign funds and is not approved by the head office of the People’s Bank of
China. Without the approval of the department for control of foreign exchange,
no loans may be deposited abroad. If any party contracts a loan without
authorization, the contract therefor shall not go into effect, the department
for control of foreign exchange, shall not handle the registration for the
foreign loan obtained, the bank shall not open a foreign exchange account for
the loan, and the principal of the loan and the interest thereon may not be
remitted abroad.

    2. It is imperative to exercise administration over the balance of
short-term international commercial loans obtained and, without the approval
of the State, no quota of balance that has been verified and approved may be
exceeded. Any part that exceeds the amount of the balance shall, within half a
year as of the date of the promulgation of this Circular, be readjusted so
that the balance shall be within the quota verified and approved, failing
which the local department for control of foreign exchange shall deduct a
corresponding amount from the foreign exchange the party concerned is
enpost_titled to retain or shall compulsorily make use of the party’s quota of
medium-term and long-term international commercial loans for the repayment
of the loan. A short-term loan obtained from abroad may only be used for the
turnover of the circulating funds and may not be used for investment projects
in fixed assets.

    3. The issuance abroad of bonds shall, within the framework of the State
plan for the use of foreign funds, be handled by a financial institution that
has been authorized by the People’s Bank of China to issue bonds. All
bond-issuing units must, prior to the issuance, apply to the People’s Bank of
China for approval in strict accordance with the Provisions Concerning the
Administration of the Issuance of Bonds Abroad by Domestic Chinese
Institutions promulgated by the People’s Bank of China. Any government
departments that are to issue bonds in the international market shall apply
to the State Council of the People’s Republic of China for approval. Without
the approval, no negotiations with the foreign parties concerned shall be
conducted. The People’s Bank of China shall do a good job of co-ordination
for the domestic bond-issuing institutions to enter the international market
for the issuance of bonds and examine carefully their credentials for issuing
bonds abroad.

    4.It is imperative to strengthen the administration of guarantee of
foreign exchange. Guarantee of foreign exchange not only concerns China’s
international prestige but also involves the commitments to repay foreign
debts. It is imperative to strictly implement the Interim Measures for the
Administration of Guarantee of Foreign Exchange Provided by Domestic
Institutions promulgated by the People’s Bank of China. An enterprise that
is to provide such guarantee shall have a sufficient amount of foreign
exchange of its own as a guarantee and the total amount guaranteed may not
exceed the amount of funds of its own in foreign exchange. The sum of the
total amount of the guarantee of foreign exchange provided by a non-financial
institution and its total amount of foreign liabilities may not exceed the
ceiling prescribed by the People’s Bank of China. Without the approval of the
State Administration of Foreign Exchange Control, no domestic institutions
may provide guarantee of foreign exchange for institutions abroad. No
government departments or institutions may provide guarantee of foreign
exchange for parties abroad.

    5. It is imperative to examine the projects of loans strictly. With
respect to a project which requires a medium or long-term international
commercial loan, the borrower unit shall, prior to the borrowing, conduct
careful feasibility studies as to the capability to repay and the economic
returns of the project and make sure that the obligations to repay are
undertaken and that the project is subject to strict evaluation by a
financial institution. No international commercial loans may be obtained
for a project which has not been established as an item for processing and
approved by the State planning department and for which the supporting funds
in Renminbi are not vet available and the conditions such as energy supply
and communication facilities are not yet present. No international commercial
loans may be obtained for projects of construction which are not included
in the State plan. With respect to a loan obtained from abroad by a domestic
unit, the foreign exchange thus obtained may in general not be used as
mortgage for loans in Renminbi and may not enter the market for regulating
foreign exchange. Where special need arises, the case shall be submitted to
the State Administration of Foreign Exchange Control for approval.

    6. It is imperative to place a strict control on the number of windows
for external borrowing. Apart from the ten existing windows designated by
the State, i.e. the Bank of China, the Communications Bank, China
International Trust and Investment Corporation, the Investment Bank of China,
the Guangdong International Trust and Investment Corporation, the Fujian
Investment Enterprise Corporation, the Hainan International Trust and
Investment Corporation, the Investment and Trust Corporation of the Shanghai
Municipality, the International Trust and Investment Corporation of the
Tianjin Municipality and the Dalian International Trust and Investment
Corporation, no other windows for borrowing from abroad shall be approved.
Other localities, departments or units that intend to obtain international
commercial loans shall apply to the People’s Bank of China on the basis of
one application for one loan or a special application for a special loan.
The People’s Bank of China shall conduct conscientiously the work of clearing
up and rectification in the units that have borrowed from abroad. The various
windows for borrowing from abroad and the units that have been permitted by
the People’s Bank of China to obtain international commercial loans shall
handle the borrowing procedures in accordance with the relevant provisions of
the People’s Bank of China.

    7. It is imperative to further improve the registration of foreign loans
and the statistical monitoring system. All foreign loans, whether procured
directly from abroad or obtained indirectly at home, shall be incorporated
into the statistical monitoring system of the State for foreign loans and
registered as such so as to ensure that the State maintains macro-supervision
and control over the scale and structure of foreign loans. The State
Administration of Foreign Exchange Control shall expedite the formulation
of procedures governing the registration and statistical momitoring with
respect to foreign loans obtained indirectly at home. Any parties that fail
to go through the procedures of registration or delay doing so shall be
penalized in strict accordance with the relevant provisions.

    8. It is imperative to arrange the structure of foreign loans rationally.
The State Administration of Foreign Exchange Control and other departments
concerned shall make a timely study of such problems involved in a loan as the
kind of currency, the interest rate, the term, the mode of borrowing, the
country of origin, and the market situation and submit proposals to the State
Council of the People’s Republic of China. The People’s Bank of China shall
expedite the formulation of Procedures for the Administration of International
Commercial Loans so as to strengthen the work of examination and approval
and the work of administration.

    People’s governments at various levels and the various departments shall
strictly implement the provisions of this Circular, earnestly place on their
agenda the work of administration in their own localities and departments
with respect to foreign loans, see to it that loans, obtained from abroad are
used properly and efficiently, and ensure that the loans are repaid within
the prescribed time so as to maintain the international prestige of our
country. Departments for control of foreign exchange at various levels shall
strengthen supervision, inspection and guidance with respect to the obtaining
of foreign loans and shall report on the situation in good time. The State
Council of the People’s Republic of China hereby authorizes the departments
for control of foreign exchange to deal severely with those that violate the
State provisions concerning the administration of foreign loans in accordance
with the relevant provisions and investigate the liability of persons directly
responsible and of the leaders concerned.

    This Circular shall not apply to enterprises with foreign investment.





INTERIM PROVISIONS CONCERNING ADMINISTRATION OF FOREIGN CHAMBERS OF COMMERCE

MEASURES FOR THE CONTROL OF RADIOACTIVE DRUGS

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-01-13 Effective Date  1989-01-13  


Measures for the Control of Radioactive Drugs

Chapter I  General Provisions
Chapter II  Examination and Approval for the Development and Clinical
Chapter III  The Production, Sales, Import and Export of Radioactive Drugs
Chapter IV  The Packaging and Shipment of Radioactive Drugs
Chapter V  The Use of Radioactive Drugs
Chapter VI  The Standards for Radioactive Drugs and Their Testing
Chapter VII  Supplementary Provisions

(Promulgated by Decree No. 25 of the State Council of the People’s

Republic of China on January 13, 1989 and effective as of the date of
promulgation)
Chapter I  General Provisions

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

    Article 2  “Radioactive drugs” refer to any forms of radionuclide or their
tagged drugs that are used for clinical diagnosis or in radiotherapy.

    Article 3  All units or individuals in the People’s Republic of China are
required to abide by these Measures when they are engaged in research work,
production, business, transportation, consumption, examination, supervision
and administration work related to radioactive drugs.

    Article 4  The Ministry of Public Health is in charge of the supervisory
and administrative work of radioactive drugs while the Ministry of Energy is
in charge of the administration work concerning the production and sale of
radioactive drugs.
Chapter II  Examination and Approval for the Development and Clinical
Research of New Radioactive Drugs

    Article 5  “New radioactive drugs” refer to those radioactive drugs that
are made in China for the first time. The annual plan of any drug research
units for the development of new radioactive drugs must be submitted both to
the Ministry of Energy for the record and to the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Government) level. Then an itemized plan made by the latter shall
be presented to the Ministry of Public Health for the record.

    Article 6  The development of a new kind of radioactive drug includes the
research work in technological process, quality requirements,
preclinicopharmacological study and clinical study.

    The research unit, when designing the technological process for a new
drug, must study the physical and chemical properties, purity (including
pureness of radionuclide), testing method, pharmacology, toxicity, nuclein
animal dynamics, radiospecific activity, dosage, pharmaceutical forms and
stability of that radioactive drug. Furthermore, the research unit must make a
study of radio-immunity analysis container with respect to its scalability,
range, specificity, accuracy, precision and stability.

    New kinds of radioactive drugs shall be classified in accordance with the
provisions for the examination and approval of new pharmaceuticals.

    Article 7  Before the newly developed radioactive drug is put to clinical
test or verification, an application together with the data and sample must be
submitted to the Ministry of Public Health in accordance with the provisions
for the examination and approval of new pharmaceuticals.

    The newly developed radioactive drug may be used for clinical study at an
appointed hospital only after its application has been examined and approved
by the Ministry of Public Health.

    Article 8  After completion of clinical study of a newly developed
radioactive drug, the research unit must submit an application to the Ministry
of Public Health for examination and approval.

    The latter shall consult the Ministry of Energy before granting a New
Drug License.

    Article 9  Before a newly developed radioactive drug is put to production,
the production unit or the research unit that holds a license for the
production of radioactive drugs must submit an application together with a
copy of New Drug License and sample to the Ministry of Public Health. After
examination and verification, the Ministry of Public Health shall issue them
document of approval.
Chapter III  The Production, Sales, Import and Export of Radioactive Drugs

    Article 10  The enterprises that produce or sell radioactive drugs are
required to submit their production plan and business plan to the Ministry of
Energy and a duplicate to the Ministry of Public Health.

    Article 11  The State shall, according to the actual conditions, make sure
that radioactive drugs be produced at designated pharmaceutical factories
which shall be located rationally over the country. Applications for the
setting up of any enterprises to produce or sell radioactive drugs must be
approved by the Ministry of Energy before the preparations start in accordance
with related provisions.

    Article 12  Requirements for the setting up of enterprises to produce or
sell radioactive drugs are that they must have the necessary conditions as
stipulated in Article 5 of the Pharmaceutical Administration Law and that they
must meet the essential standard of radio hygiene protection set by the State.
They are also required to submit a report on environment impact to the
Ministry of Energy and the Ministry of Public Health for examination and
approval and then the health administration department in their province,
autonomous region or municipality directly under the Central Government shall
issue them “License for the Production Enterprise of Radioactive Drugs”,
“License for the Business Enterprise of Radioactive Drugs”. No enterprises
without the license shall be permitted to engage in the production or sale of
radioactive drugs.

    Article 13  The term of validity of “License for the Production
Enterprise of Radioactive Drugs” and “License for the Business Enterprise of
Radioactive Drugs” is five years. If needed, the enterprises engaged in the
production or sale of radioactive drugs shall make a new application six
months before the expiration to the health administration department which
shall, in accordance with Article 12 of these Provisions, issue them a new
license.

    Article 14  Before an approved pharmaceutical enterprise produces
radioactive drugs with specifications already set by the State, it must
forward an application which has to be examined and approved by the Ministry
of Public Health in conjunction with the Ministry of Energy. If any changes in
the technological process and specifications of the drugs previously approved
by the Ministry of Public Health are to be made, the pharmaceutical factory
shall be required to go through the same procedures for approval.

    Article 15  The production and business enterprises of radioactive drugs
are required to employ technical personnel who are qualified for the work and
to have safety and protection facilities as well as waste gas, liquid and
material disposal facilities. They must also have a strict quality control
system.

    Article 16  The production and business enterprises of radioactive drugs
are required to set up quality inspection offices. The entire process of
production must be put under strict qualify control and inspection.

    All radioactive drugs are subject to quality testing. Only the products
that meet the State pharmaceutical standard shall be allowed to be shipped out
from the factories. Products that are not up to the standard are not allowed
out of the factory.

    As for the drugs with short half-life radionuclide previously approved by
the Ministry of Public Health, they may be shipped out from the factory while
having sample testing. If the drugs are found to be below the State
pharmaceutical standard, the factory must stop the production and sale of the
drugs immediately and inform consuming units to stop using the drugs without
delay. A report about the case must be submitted to both the Ministry of
Public Health and the Ministry of Energy.

    Article 17  The production, supply and sale of radioactive drugs are under
the unified administration of the Ministry of Energy.

    When ordering these stuff, the pharmaceutical factory must furnish a
License for the Production Enterprise of Radioactive Drugs while the business
unit must present a License for the Business Enterprise of Radioactive Drugs
issued by the health administration department at the provincial, autonomous
regional or municipal (directly under the Central Government) level. As for
the medical treatment unit, they must order these drugs with a License for the
Use of Radioactive Drugs jointly issued by the public security department, the
environment protection department and health administration department at the
provincial, autonomous regional or the municipal (directly under the Central
Government) level.

    Article 18  The import and export business of radioactive drugs shall be
handled by the units appointed by the Ministry of Foreign Economic Relations
and Trade in accordance with the State provisions related to foreign trade.
Prior to the import or export of radioactive drugs, an application must be
made and be examined and approved by the Ministry of Public Health. Imported
radioactive drugs are required to meet the State standards for pharmaceuticals
or other medical requirements.

    Article 19  Imported radioactive drugs are subject to sample examination
by the State Administration for the Inspection and Testing of Pharmaceuticals
and Biological Products or by an inspection and testing institution of
pharmaceuticals authorized by the Ministry of Public Health. Only those drugs
that have met the State standards are allowed to be imported.

    As for the drugs with short half-life radionuclide previously approved by
the Ministry of Public Health, they may be put to use upon being shipped in
while having import inspection. If the import inspection unit finds the
quality of imported drugs not up to the standard, they must inform the
consuming units promptly to stop using the drugs. A report about the quality
problem must be submitted to both the Ministry of Public Health and the
Ministry of Energy.
Chapter IV  The Packaging and Shipment of Radioactive Drugs

    Article 20  The packaging of radioactive drugs must be safe and reliable,
and up to the standards for the quality requirements of radioactive drug.
There must be protection devices that will match different radio dosages. The
packaging is required to consist of packing and inner packaging. There must be
trade mark, label, specifications and marker of radioactive drugs on the
packing and a label on the inner packaging. On the label there must be name of
the drug, radiospecific activity and packings.

    The specifications must indicate the name of the producer, license number,
batch number, main composition, date of manufacture, half-life of
radionuclide, indications, administration, dosage, contraindication, expiry
date and precautions in addition to name of the drug, radiospecific activity
and packings.

    Article 21  The shipment of radioactive drugs shall be handled in
accordance with the rules formulated by the State transportation and postal
departments. No unit or person shall be allowed to carry along radioactive
drugs on any means of public transportation.
Chapter V  The Use of Radioactive Drugs

    Article 22  If a medical treatment unit desires to set up a radiologic
department or a radioisotope department, it is required to employ technical
personnel who are qualified for radiotherapeutic work after special technical
training. Without prior technical training no personnel shall be allowed to
use the drugs in radiotherapy.

    Article 23  When a medical treatment unit uses radioactive drugs, it must
observe the rules formulated by the State concerning radioisotope hygiene and
protection. The health administration department, the public security
department and the environment protection department at provincial, autonomous
regional or municipal (directly under the Central Government) level shall
issue a certain grade of License for the Use of Radioactive Drugs according to
technical skill and professional level of the radiological personnel and
equipment of the medical treatment unit. No medical treatment unit without a
license is allowed to use radioactive drugs clinically.

    The term of validity of a License for the Use of Radioactive Drugs is 5
years. If needed, the medical treatment unit must make a new application 6
months before the expiration of its license to the health administration
department which, after examination and verification shall issue it a new
license.

    Article 24  Before a medical treatment unit holding a License for the Use
of Radioactive Drugs starts the preparation of any forms of radioactive drug
for clinical use, it is required to submit an application with the data
concerning pharmacology and toxicity of the radioactive drug, according to the
characteristics of the radioactive drug, to the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Government) level for approval and to the Ministry of Public
Health for the record. That form of radioactive drug can be used only in the
medical treatment unit.

    Article 25  The medical treatment units that hold a License for the Use of
Radioactive Drugs are required to conduct clinical quality testing of the
radioactive drugs and find out their undesirable reactions and submit regular
reports to the health administration department. The health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Government) level shall then present an itemized report to the
Ministry of Public Health.

    Article 26  Waste material of radioactive drugs (including patients’
excrement) must be properly disposed of in accordance with the State
regulations.
Chapter VI  The Standards for Radioactive Drugs and Their Testing

    Article 27  The Pharmacopoeia Commission under the Ministry of Public
Health is entrusted to formulate and revise the State standards for
radioactive drugs and then submit it to the Ministry of Public Health for
examination and approval before it is promulgated.

    Article 28  The State Administration for the Inspection and Testing of
Pharmaceuticals and Biological Products or an inspection and testing
institution of pharmaceuticals authorized by the Ministry of Public Health is
entrusted to inspect and examine radioactive drugs.
Chapter VII  Supplementary Provisions

    Article 29  Any unit or individual that violates these Measures shall be
penalized by the health administration department at or above the county level
in accordance with the Pharmaceutical Administration Law and other rules and
regulations.

    Article 30  The right to interpret these Measures resides in the Ministry
of Public Health.

    Article 31  These Measures shall go into effect as of the date of
promulgation.





INTERIM PROVISIONS CONCERNING THE USE OF DONATIONS IN FOREIGN EXCHANGE MADE BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG, MACAO AND TAIWAN IN THE REGULATION OF FOREIGN EXCHANGE

Interim Provisions Concerning the Use of Donations in Foreign Exchange Made by Overseas Chinese and Compatriots From HONG KONG, MACAO
AND TAIWAN in the Regulation of Foreign exchange

     (Effective Date:1989.07.01–Ineffective Date:)

These Provisions are formulated, in accordance with the Provisions of the State Council Concerning the Administration of Imported
Goods and Materials Donated by Overseas Chinese and Compatriots from Hong Kong, Macao and Taiwan promulgated by the State Council
on February 20, 1989, in order to handle cases concerning the use of donations in foreign exchange made by overseas Chinese and compatriots
from Hong Kong, Macao and Taiwan to domestic units in the regulation of foreign exchange.

   Article 1. The term “donor(s)”, as used in these Provisions, refers to overseas Chinese and compatriots from Hong Kong, Macao and Taiwan.

   Article 2. The term “recipient-unit(s) of donations”, as used in these Provisions, refers to non-profit making social organizations and institutions,
including various nongovernmental organizations and associations, foundations, religious organizations, units of scientific research,
culture and education, medicine and public health, and units that undertake various kinds of public welfare.

   Article 3. When recipient-units wish to participate in the regulation of foreign exchange, they shall file an application to the State Administration
of Foreign Exchange Control, or to its local offices, on the strength of the following documents:

(1) A letter of intent furnished by the donor indicating his/her willingness to make the donation (including the amount of the donation
and its intended uses);

(2) The written approval, issued by the examining and approving department designated in accordance with the stipulations on limits
of powers for examination and approval in Document No. 110 issued by the State Council in 1982, indicating its approval for recipient-unit
to accept the donation in foreign exchange;

(3) The report by the recipient-unit applying for participation in the regulation of foreign exchange.

   Article 4. The foreign exchange donated to the governments at various levels by overseas Chinese and compatriots from Hong Kong, Macao and Taiwan
for disaster relief in their respective areas, shall be permitted to be used in the regulation of foreign exchange.

   Article 5. The amount of Renminbi(RMB) obtained by a recipient-unit from regulation of foreign exchange must be used in accordance with the
purpose of the donation specified in the donor’s letter of intent; the aforesaid amount of Renminbi(RMB) must not be used for other
purposes.

   Article 6. Anyone who participates in regulation of foreign exchange under the pretext of utilizing donations in foreign exchange, once the
case is verified to be true, shall be dealt with in accordance with the provisions in Rules for the Implementation of the Imposition
of Penalties on the Violations of Foreign Exchange Control.

Donations in foreign exchange made by Chinese who have acquired foreign citizenship to domestic units may be used in the regulation
of foreign exchange with reference to these Provisions.

These Provisions shall go into effect as of July 1, 1989.

    





MEASURES OF SHANGHAI MUNICIPALITY GOVERNING COMMODITY PURCHASING AND PRODUCT SALES BY FOREIGN INVESTMENT ENTERPRISES

Measures of SHANGHAI Municipality Governing Commodity Purchasing and Product Sales by Foreign Investment Enterprises

     (Effective Date:1989.07.01–Ineffective Date:)

   Article 1. These Measures are formulated in accordance with the provisions of the Law of the People’s Republic of China on Sino-foreign Joint
Equity Enterprises, the Law of the People’s Republic of China on Sino-foreign Co-operative Enterprises, the Law of the People’s Republic
of China on Enterprises with Sole Foreign Investment and other relevant administrative laws and decrees, while taking into account
the specific circumstances of the city.

   Article 2. These Measures shall apply to the purchase of commodities and sale of products by Sino-foreign joint equity enterprises, Sino-foreign
co-operative enterprises and sole foreign investment enterprises (hereinafter referred to as foreign investment enterprises) established
within the administrative district of Shanghai Municipality.

   Article 3. A foreign investment enterprise shall have the right to import commodities required for its own use and to export its own products
independently within the approved scope of its contract, but any goods subject to State import or export licence control shall be
handled in accordance with the relevant provisions of the Ministry of Foreign Economic Relation and Trade governing the application
for import and export licences by foreign investment enterprises.

An import or export licence application which comes within the authorised scope of approval of the Shanghai Municipal Commission of
Foreign Economic Relations and Trade (hereinafter referred to as the Shanghai COFERT) shall be examined, verified and, where appropriate,
an import or export licence issued within five working days of receiving the application.

   Article 4. Before endorsing the establishment of a foreign investment enterprise which proposes to manufacture products subject to State export
licence control, the local municipal examining and approval organ shall consult the Shanghai COFERT or, through it, the higher authorities
in charge of foreign economic relations and trade, and shall urge the applicant to undertake and supervise its completion of all
necessary formalities.

   Article 5. Commodities required by a foreign investment enterprise for its production and business operations may be purchased on the international
marker or from local Shanghai markets or other domestic Chinese markets.

A foreign investment enterprise may purchase commodities from local Shanghai markets through the following channels:

(1) local municipal foreign investment enterprise commodity service companies;

(2) commodity dealers;

(3) foreign trade corporations;

(4) commodity producers;

(5) bonded warehouses;

(6) commodity fairs and trade centres.

Units or enterprises dealing in commodities shall give priority to meeting the needs of exporting enterprises and technologically
advanced enterprises, providing the same conditions prevail.

   Article 6. A foreign investment enterprise may purchase without restriction on local Shanghai markets any amount of office supplies and domestic
consumer goods that it may require.

   Article 7. The supply of materials needed by a foreign investment enterprise to manufacture products listed in State or local municipal production
plans or purchasing contracts shall be assured by the department which organised the production plan or allocated the contract.

Materials required by a foreign investment enterprise for a capital construction project which is included in the city’s commodity
distribution plans shall be supplied by the relevant units or enterprises dealing in those materials, in accordance with the plans.

   Article 8. In the case of a Chinese investor which, together with a foreign partner, invests all or part of its assets in the establishment
of a foreign investment enterprise, unless the approval documents specifically exclude materials from inclusion in the commodity
distribution plan, the relevant departments shall ensure that, in accordance with its investment status, the Chinese investor’s original
commodity supply channels are maintained and commodity dealers shall continue to provide materials pursuant to the original supply
plans.

   Article 9. A foreign investment enterprise may use its profits as investment to form affiliated enterprises with other enterprises in China
and to establish commodity supply bases relevant to its production needs. These affiliated enterprises may enjoy preferential treatment
in accordance with the relevant provisions of the State and local municipal authorities regarding the development of horizontal integration.

Before an affiliated enterprise may be established, a foreign investment enterprise shall be required to submit documents clarifying
the source of investment funds and investment projects to the original examining and approval organ and the local municipal administration
for industry and commerce and, after these documents have been examined and approved, it shall complete formalities for the registration
of affiliated enterprises in accordance with the relevant provisions.

   Article 10. In addition to a foreign investment enterprise itself importing required commodities, it may also engage as an import agent a municipal
foreign investment enterprise commodity service company, a commodity dealer authorised to conduct import operations or a State or
local municipal foreign trade corporation.

All units and enterprises dealing in commodities shall be required to provide good service to foreign investment enterprises.

   Article 11. Foreign investment enterprises shall strive to sell their products on the international market. Products manufactured by a foreign
investment enterprise which are urgently required by the State or Shanghai Municipality or which are currently imported may be sold
primarily on the local market, subject to approval.

The provisions of the Ministry of Foreign Economic Relations and Trade Measures for Foreign Investment Enterprises Purchasing Domestic
Products for Export to Achieve a Balance of Foreign Exchange Income and Expenditure shall be implemented if a foreign investment
enterprise needs to purchase domestic products for export in order to remedy its foreign exchange shortfall.

   Article 12. In addition to exporting its products itself, a foreign investment enterprise may also sell its products on a commission or agency
basis through the following channels:

(1) the foreign partner’s sales outlets;

(2) State foreign trade organs based in Shanghai;

(3) local foreign trade corporations and enterprises with import/ export rights;

(4) State or local export commodity fairs and trade conferences.

   Article 13. Those products of a foreign investment enterprise which are classified as planned distribution commodities shall be included in the
distribution plan of the commodity control department and sold to the designated users. In the case of production material for key
industrial goods, sales shall be conducted at the producer goods markets of large or medium size cities or through designated sales
agents in accordance with State regulations.

   Article 14. A foreign investment enterprise may establish commodity purchasing and product sales agents abroad, subject to approval from relevant
examining and approval organs.

   Article 15. Administration of enterprises invested in and established in Shanghai Municipality by Overseas Chinese, Hong Kong, Macao or Taiwanese
businesspeople shall be handled in accordance with the provisions of these Measures.

   Article 16. The Shanghai Municipal Foreign Investment Commission and the Municipal Material and Equipment Bureau shall be jointly responsible
for the interpretation of these Measures.

   Article 17. These Measures shall take effect from 1 July 1989. The Regulations on Commodity Supply and Marketing and Price Control for Sino-foreign
Joint Equity Ventures in Shanghai Municipality (Trial Implementation), promulgated 5 December 1984 by the Shanghai Municipal People’s
Government, shall be abrogated simultaneously.

    





INTERIM PROVISIONS FOR THE ADMINISTRATION OF FOREIGN CHAMBERS OF COMMERCE IN CHINA

Category  FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-06-14 Effective Date  1989-07-01  


Interim Provisions for the Administration of Foreign Chambers of Commerce in China



(Adopted by the State Council at the 39th Executive Meeting on April 28,

1989, promulgated by Decree No. 36 of the State Council of the People’s
Republic of China on June 14, 1989, and effective as of July 1, 1989)

    Article 1  These Provisions are formulated with a view to promoting
international trade and economic and technological exchanges, strengthening
the administration of foreign chambers of commerce and protecting their
legitimate rights and interests.

    Article 2  A foreign chamber of commerce in China refers to a
non-profit-making organization which is set up in accordance with these
Provisions within the Chinese territory by foreign commercial establishments
and personnel in the Chinese territory and does not engage in any business
transactions.

    The activities of foreign chambers of commerce in China shall be aimed at
promoting trade and economic and technological exchanges between their members
and Chinese counterparts and facilitating their research in and discussions
about the development of international trade and economic and technological
exchanges.

    Article 3  Foreign chambers of commerce in China must abide by the laws
and regulations of the People’s Republic of China and shall not jeopardize
the state security and social and public interests of China.

    Article 4  For the setting up of a foreign chamber of commerce in China,
the following conditions shall be satisfied:

    (1) articles of association reflecting the common will of the Chamber’s
members;

    (2) a certain number of sponsoring members and responsible persons;

    (3) premises as its permanent office; and

    (4) lawful sources of funds.

    Article 5  Foreign chambers of commerce in China shall be set up according
to their respective country origins and may have both group members and
individual members.

    Group members mean those which join the chamber in the name of commercial
establishments. Commercial establishments refer to representative offices or
branches set up in the Chinese territory according to law by foreign
companies, enterprises and other economic organizations.

    Individual members mean those staff members of non-Chinese nationality
working in commercial establishments or enterprises with foreign investment
and join the chamber in their own names.

    Article 6  The name of a foreign chamber of commerce in China shall be
preceded by the name of its own country plus the word “China”.

    Article 7  For the setting up of a foreign chamber of commerce in China, a
written application shall be submitted to the China Chamber of International
Commerce for further transmission to the Ministry of Foreign Economic
Relations and Trade of the People’s.

    Republic of China (hereinafter referred to as the examining authorities)
for examination.

    The examining authorities shall complete the examination within 60 days
after the date of receiving the written application and all the attached
papers. It shall issue an approval certificate if the conditions laid down in
Article 4 are satisfied or reject the application if the above-mentioned
conditions are not satisfied. The examining authorities shall give
explanations if it cannot complete the examination within the prescribed
time-limit on account of special circumstances.

    Article 8  The written application for the setting up of a foreign chamber
of commerce in China shall be duly signed by the chief sponsor and accompanied
by the following papers:

    (1) Articles of association of the chamber in quintuplicate, in which the
following items shall be included:

    a. name and address;

    b. organizational structure;

    c. names and status of the Chairman, Vice-Chairmen and Managing Director;

    d. procedure for the admission of members and their rights and
obligations;

    e. scope of activities; and

    f. financial information.

    (2) A list of the sponsoring members of the chamber in quintuplicate with
the group members and individual members listed separately. For each of the
group members, the name, address, business scope and names of the responsible
persons shall be indicated. For each of the individual members, the name of
the commercial establishment or enterprise with foreign investment for which
the individual member works, as well as his position and personal resume or
a brief account of his commercial activities in China shall be indicated.

    (3) Name and resume of each of the Chairman, Vice-Chairmen and Managing
Director of the chamber in quintuplicate.

    Article 9  After the application for the setting up of a foreign chamber
of commerce in China has been examined and approved by the examining
authorities, the chief sponsor shall, in accordance with the stipulations of
these Provisions and other relevant laws and regulations, submit the approval
certificate to the Ministry of Civil Affairs of the People’s Republic of China
(hereinafter referred to as the registration authorities) for registration. A
foreign chamber of commerce in China is established at the time its
registration is accepted and a registration certificate is issued.

    Article 10  A foreign chamber of commerce in China shall set up account
books in its office. Its membership fees and other funds obtained in
accordance with the stipulations of its Articles of Association shall be used
to cover the expenditures specified in its Articles of Association and shall
not, under any name, be used as payments to its members or remitted out of
the Chinese terntory.

    Article 11  A foreign chamber of commerce in China shall submit in January
of every year a report on its activities in the previous year to the examining
authorities and the registration authorities through the China Chamber of
International Commerce.

    The China Chamber of International Commerce shall provide foreign chambers
of commerce in China with consultative and other services for their activities
and contacts with relevant Chinese authorities.

    Article 12  When a foreign chamber of commerce in China needs to amend its
Articles of Association or replace its Chairman, Vice-Chairman, or
ManagingDirector or change the address of its premises, it shall apply for
examination and approval and register such changes in accordance with the
procedures laid down in Articles 7, 8 and 9.

    Article 13  A foreign chamber of commerce in China shall subject itself to
the supervision of relevant Chinese authorities.

    Should a foreign chamber of commerce in China violate these Provisions,
the registration authorities have the power to apply sanctions by imposing
a warning or ordering to ban it.

    Article 14  When a foreign chamber of commerce in China is to be
dissolved, it shall submit an application duly signed by its Chairman
together with a certificate proving the completion of its liquidation to the
registration authorities for cancelling its registration and report to the
examining authorities for the record.

    A foreign chamber of commerce in China shall stop any of its activities
as of the date when it returns its registration certificate to the
registration authorities.

    Article 15  These Provisions shall go into effect as of July 1, 1989.?






IMPORT AND EXPORT COMMODITY INSPECTION

Category  INSPECTION OF IMPORT AND EXPORT COMMODITIES Organ of Promulgation  The Standing Committee of the  National People’s Congress Status of Effect  In Force
Date of Promulgation  1989-02-21 Effective Date  1989-08-01  


Law of the People’s Republic of China on Import and Export Commodity Inspection

Contents
Chapter I  General Provisions
Chapter II  Inspection of Import Commodities
Chapter III  Inspection of Export Commodities
Chapter IV  Supervision and Administration
Chapter V  Legal Responsibility
Chapter VI  Supplementary Provisions

(Adopted at the Sixth Meeting of the Standing Committee of the Seventh

National People’s Congress on February 21, 1989, promulgated by Order No. 14
of the President of the People’s Republic of China on February 21, 1989, and
effective as August 1, 1989)
Contents

    Chapter I    General Provisions

    Chapter II   Inspection of Import Commodities

    Chapter III  Inspection of Export Commodities

    Chapter IV   Supervision and Administration

    Chapter V    Legal Responsibility

    Chapter VI   Supplementary Provisions
Chapter I  General Provisions

    Article 1  This law is enacted with a view to strengthening the inspection
of import and export commodities, ensuring the quality of import and export
commodities, protecting the lawful rights and interests of the parties
involved in foreign trade, and promoting the smooth development of China’s
economic and trade relations with foreign countries.

    Article 2  The State Council shall establish an Administration for Import
and Export Commodity Inspection (hereinafter referred to as the State
Administration for Commodity Inspection), which shall be in charge of the
inspection of import and export commodities throughout the country. The
local import and export commodity inspection authorities (hereinafter referred
to as the commodity inspection authorities) set up by the State Administration
for Commodity Inspection shall be responsible for the inspection of import and
export commodities within areas under their jurisdiction.

    Article 3  The commodity inspection authorities and other inspection
organization by the State Administration for Commodity Inspection and the
commodity inspection authorities shall, in accordance with the law, perform
the inspection of import and export commodities.

    Article 4  The State Administration for Commodity Inspection shall, in
the light of the development of foreign trade, make, adjust and publish a List
of Import and Export Commodities Subject to Inspection by the Commodity
Inspection Authorities (hereinafter referred to as the List of Commodities).

    Article 5  Import and export commodities which are included in the list
of Commodities and import and export commodities subject to inspection by
the commodity inspection authorities under other laws or administrative rules
and regulations must be inspected by the commodity inspection authorities or
inspection organizations designated by the State Administration for Commodity
Inspection or the commodity inspection authorities. No permission shall be
granted for the sale or use of import commodities specified in the preceding
paragraph until they have undergone inspection; and no permission shall be
granted for the export of export commodities specified in the preceding
paragraph until they have been found to be up to standard through inspection.

    Import and export commodities specified in the first paragraph of this
Article may be exempted from inspection upon the examination and approval of
an application from the consignee or consignor by the State Administration
for Commodity Inspection.

    Article 6  Inspection on import and export commodities performed by the
commodity inspection authorities shall cover quality, specifications,
quantity, weight, packing and the requirements for safety and hygiene.

    Import and export commodities governed by compulsory standards or other
inspection standards which must be complied with as provided for by laws or
administrative rules and regulations shall be inspected in accordance with
such inspection standards; in the absence of such stipulations, import and
export commodities shall be inspected in accordance with the inspection
standards agreed upon in the foreign trade contracts.

    Article 7  Import and export commodities or items subject to inspection
by other inspection organizations under laws or administrative rules and
regulations shall be inspected in accordance with the provisions of relevant
laws or administrative rules and regulations.

    Article 8  The State Administration for Commodity Inspection and the
commodity inspection authorities shall collect information on the inspection
of import and export commodities and make it available to the relevant
circles.
Chapter II  Inspection of Import Commodities

    Article 9  For import commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the consignee
must register them with the commodity inspection authorities located at the
port of discharge or the station of arrival. Import commodities which are
included in the list of Commodities shall be checked and released by the
Customs upon presentation of the seal of the commodity inspection authorities
affixed to the Customs declaration.

    Article 10  For import commodities which are subject to inspection by
the commodity inspection authorities in accordance with this Law, the
consignee shall apply to the same authorities for inspection in places and
within the time limit specified by there. The commodity inspection authorities
shall accomplish the procedures for inspection and issue an inspection
certificate within the period of validity of claims prescribed in a foreign
trade contract.

    Article 11  If import commodities other than those which are subject to
inspection by the commodity inspection authorities in accordance with this
Law are found to be not up to the quality standard, damaged or short on
weight or quantity, the consignee shall apply to the commodity inspection
authorities for inspection and the issuance of an inspection certificate if
such a certificate is necessary for claiming compensation.

    Article 12  For important import commodities and a complete set of
equipment in large size, the consignee shall, in accordance with the terms
agreed upon in a foreign trade contract, conduct initial inspection or initial
supervision over manufacturing or loading in the exporting country before
shipment, while the relevant competent departments shall strengthen their
supervision. The commodity inspection authorities may, when necessary,
dispatch inspection personnel to take part in such inspection and supervision.
Chapter III  Inspection of Export Commodities

    Article 13  For export commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the consignor
shall apply to the same authorities for inspection in the places and within
the time limit specified by them. The commodity inspection authorities shall
accomplish the procedures for inspection and issue a certificate without
delaying the prescribed time for shipment.

    Export commodities which are included in the List of Commodities shall be
checked and released by the Customs upon presentation of the inspection
certificate or the paper for release issued by the commodity inspection
authorities or the seal of the same authorities affixed to the Customs
declaration.

    Article 14  Export commodities which have been inspected and passed by
the commodity inspection authorities and for which an inspection certificate
or a paper for release has been issued by the same authorities shall be
declared for export and shipped out of the country within the time limit
specified by the same authorities. Failing to meet the time limit shall
entail reapplication for inspection.

    Article 15  An enterprise manufacturing packagings for dangerous export
goods must apply to the commodity inspection authorities for a test of the
performance of such packagings. An enterprise producing dangerous export
goods must apply to the same authorities for a test of the use of packagings.
No permission shall be granted for the export of dangerous goods kept in
packagings which have not passed a test.

    Article 16  For vessel holds or containers used for carrying perishable
foods, the carrier or the organization using the containers shall apply for
inspection before loading. No permission shall be granted for loading and
shipment until the relevant conditions are passed by the inspectors.
Chapter IV  Supervision and Administration

    Article 17  The commodity inspection authorities may make a random
inspection of import and export commodities beyond those subject to inspection
by the commodity inspection authorities in accordance with this Law. No
permission shall be granted for the export of export commodities found to be
substandard in a random inspection.

    Article 18  The commodity inspection authorities may, when necessary,
assign inspection personnel to manufacturers of export commodities which are
included in the List of Commodities to take part in supervision over the
quality inspection of export commodities before they leave the factory.

    Article 19  The commodity inspection authorities may undertake the
quality certification of import and export commodities on the basis of
agreements signed between the State Administration for Commodity Inspection
and the foreign bodies concerned or upon entrustment by the foreign bodies
concerned. They may permit the use of quality certification marks on import
and export commodities which have been given quality certification.

    Article 20  The State Administration for Commodity Inspection and the
commodity inspection authorities shall, on the basis of the requirements in
their inspection, entrust competent inspection organizations at home and
abroad with the inspection of import and export commodities after examining
their qualifications.

    Article 21  The State Administration for Commodity Inspection and the
commodity inspection authorities shall exercise supervision over the import
and export commodity inspection conducted by the inspection organizations
designated or approved by them and may make a random inspection of the
commodities which have been inspected by such organization.

    Article 22  The State shall, when necessary, institute a quality licence
system for important import and export commodities and their manufacturers.
The specific measures thereof shall be drawn up by the State Administration
for Commodity Inspection in conjunction with the relevant competent
departments under the State Council.

    Article 23  The commodity inspection authorities may, when necessary,
place commodity inspection marks or sealings on import and export commodities
proved to be up to standard through inspection.

    Article 24  In case an applicant for the inspection of import and export
commodities disagrees with the results of inspection presented by the
commodity inspection authorities, he may apply for reinspection to the same
authorities, to those at the next higher level or to the State Administration
for Commodity Inspection. The conclusion on reinspection shall be made by the
commodity inspection authorities or the State Administration for Commodity
Inspection which has accepted the application for reinspection.

    Article 25  The commodity inspection authorities, the inspection
organizations designated by them and other inspection organizations approved
by the State Administration for Commodity Inspection may handle the business
of superintending and surveying import and export commodities as entrusted
by parties involved in foreign trade or by foreign inspection bodies.

    The scope of business of superintending and surveying import and export
commodities shall cover: inspection of the quality, quantity, weight and
packing of import and export commodities; inspection of cargoes with respect
to general or particular average; inspection of container cargoes; damage
survey of import cargoes; inspection of technical conditions for the shipment
of exports; measurement of dead tonnage; certification of the origin or value
of exports and other superintending and surveying services.
Chapter V  Legal Responsibility

    Article 26  Anyone who, in violation of the relevant provisions of this
Law, purposely markets or uses import commodities which are included in the
last of Commodities or subject to inspection by the commodity inspection
authorities in accordance with other laws or administrative rules and
regulations without having such commodities inspected, or purposely exports
export commodities which are included in the List of Commodities or subject to
inspection by the commodity inspection authorities in accordance with other
laws or administrative rules and regulations without having such commodities
inspected and proved up to standard shall be fined by the commodity inspection
authorities. If the circumstances are serious and cause heavy economic losses,
the criminal responsibility of the personnel directly responsible shall be
investigated by applying mutatis mutandis the provisions of Article 187 of the
Criminal Law.

    Anyone who, in violation of the provisions of Article 17 of this Law,
purposely exports export commodities which have been found substandard during
a random inspection by the commodity inspection authorities, shall be punished
in accordance with the provisions of the preceding paragraph.

    Article 27  If the falsifying or remaking of the certificates or
documents, seals or stamps, marks, sealings or quality certification marks
for commodity inspection constitutes a crime, the criminal responsibility of
the personnel directly responsible shall be investigated by applying mutatis
mutandis the provisions of Article 167 of the Criminal Law; if the
circumstances are minor, the offender shall be fined by the commodity
inspection authorities.

    Article 28  If a party refuses to accept the punishment decision of the
commodity inspection authorities, he may, within 30 days of receiving the
notice on the punishment, apply for reconsideration to the same authorities
which have made the punishment decision, to those at the next higher level
or to the State Administration for Commodity Inspection. If the party refuses
to accept the decision on the reconsideration, he may, within 30 days of
receiving the notice on the reconsideration decision, bring a suit before a
court of law. If the party neither applies for reconsideration nor brings a
suit nor complies with the punishment decision within the prescribed time
limit, the commodity inspection authorities which have made the punishment
decision shall apply to a court of law for compulsory execution.

    Article 29  Any functionary of the State Administration for Commodity
Inspection or of the commodity inspection authorities or any of the inspection
personnel of the inspection organizations designated by the State
Administration for Commodity Inspection and the commodity inspection
authorities who abuses his power, commits irregularities for the benefit of
his relatives or friends, falsifies inspection results or fails to conduct
inspection and issue a certificate within the time limit through dereliction
shall, depending on the seriousness of the circumstances, be given
administrative sanction, or his criminal responsibility shall be investigated
according to law.
Chapter VI  Supplementary Provisions

    Article 30  The commodity inspection authorities and other inspection
organizations shall collect fees according to relevant provisions for carrying
out inspection or performing superintending and surveying services in
accordance with the provisions of this Law. The procedures for collecting
fees shall be drawn up by the State Administration for Commodity Inspection
in conjunction with the competent departments under the State Council.

    Article 31  Rules for the implementation of this Law shall be formulated
by the State Administration for Commodity Inspection and shall come into force
after being submitted to and approved by the State Council.

    Article 32  This Law shall come into force as of August 1, 1989. The
Regulations of the People’s Republic of China on the Inspection of Import
and Export Commodities promulgated by the State Council on January 28, 1984.
shall be invalidated as of the same date.

                                                  






PROTECTION OF WILDLIFE

Law of the People’s Republic of China on the Protection of Wildlife

     (Adopted at the Fourth Meeting of the Standing Committee of the Seventh National People’s Congress and promulgated by Order No. 9
of the President of the People’s Republic of China on November 8, 1988, and effective as of March 1, 1989)

CHAPTER I GENERAL PROVISIONS

   Article 1 This Law is formulated for the purpose of protecting and saving the species of wildlife which are rare or near extinction, protecting,
developing and rationally utilizing wildlife resources and maintaining ecological balances.

   Article 2 All activities within the territory of the People’s Republic of China concerning the protection, domestication, breeding, development
and utilization of species of wildlife must be conducted in conformity with this Law.

The wildlife protected under this Law refers to the species of terrestrial and aquatic wildlife which are rare or near extinction
and the species of terrestrial wildlife which are beneficial or of important economic or scientific value.

The wildlife referred to in the provisions of this Law means the wildlife which shall enjoy protection as prescribed in the preceding
paragraph.

As regards the protection of the species of aquatic wildlife other than those which are rare or near extinction, the provisions of
the Fisheries Law shall apply.

   Article 3 Wildlife resources shall be owned by the state.

The state protects the lawful rights and interests of units and individuals engaged in the development or utilization of wildlife
resources according to law.

   Article 4 The state shall pursue a policy of strengthening the protection of wildlife resources, actively domesticating and breeding the species
of wildlife, and rationally developing and utilizing wildlife resources, and encourage scientific research on wildlife. Units and
individuals that have made outstanding achievements in the protection of wildlife resources, in scientific research on wildlife,
or in the domestication and breeding of wildlife shall be awarded by the state.

   Article 5 Citizens of the People’s Republic of China shall have the duty to protect wildlife resources and the right to inform the authorities
of or file charges against acts of seizure or destruction of wildlife resources.

   Article 6 The governments at various levels shall strengthen the administration of wildlife resources and formulate plans and measures for
the protection, development and rational utilization of wildlife resources.

   Article 7 The departments of forestry and fisheries administration under the State Council shall be respectively responsible for the nationwide
administration of terrestrial and aquatic wildlife.

The departments of forestry administration under the governments of provinces, autonomous regions and municipalities directly under
the Central Government shall be responsible for the administration of terrestrial wildlife in their respective areas. The departments
in charge of the administration of terrestrial wildlife under the governments of autonomous prefectures, counties and municipalities
shall be designated by the governments of provinces, autonomous regions or municipalities directly under the Central Government.

The departments of fishery administration under the local governments at or above the county level shall be responsible for the administration
of aquatic wildlife in their respective areas.

CHAPTER II PROTECTION OF WILDLIFE

   Article 8 The state shall protect wildlife and the environment for its survival, and shall prohibit the illegal hunting, catching or destruction
of wildlife by any unit or individual.

   Article 9 The state shall give special protection to the species of wildlife which are rare or near extinction. The wildlife under special
state protection shall consist of two classes: wildlife under first class protection and wildlife under second class protection.
Lists or revised lists of wildlife under special state protection shall be drawn up by the department of wildlife administration
under the State Council and announced after being submitted to and approved by the State Council.

The wildlife under special local protection, being different from the wildlife under special state protection, refers to the wildlife
specially protected by provinces, autonomous regions or municipalities directly under the Central Government. Lists of wildlife under
special local protection shall be drawn up and announced by the governments of provinces, autonomous regions or municipalities directly
under the Central Government and shall be submitted to the State Council for the record.

Lists or revised lists of terrestrial wildlife under state protection, which are beneficial or of important economic or scientific
value, shall be drawn up and announced by the department of wildlife administration under the State Council.

   Article 10 The department of wildlife administration under the State Council and governments of provinces, autonomous regions and municipalities
directly under the Central Government shall, in the main districts and water areas where wildlife under special state or local protection
lives and breeds, designate nature reserves and strengthen the protection and administration of wildlife under special state or local
protection and the environment for its survival.

The designation and administration of nature reserves shall be effected in accordance with the relevant provisions of the State Council.

   Article 11 Departments of wildlife administration at various levels shall keep watch on and monitor the impact of the environment on wildlife.
If the environmental impact causes harm to wildlife, the departments of wildlife administration shall conduct investigation and deal
with the matter jointly with the departments concerned.

   Article 12 If a construction project produces adverse effects on the environment for the survival of wildlife under special state or local protection,
the construction unit shall submit a report on the environmental impact. The department of environmental protection shall, in examining
and approving the report, seek the opinion of the department of wildlife administration at the same level.

   Article 13 If natural disasters present threats to wildlife under special state or local protection, the local governments shall take timely
measures to rescue them.

   Article 14 If the protection of wildlife under special state or local protection causes losses to crops or other losses, the local governments
shall make compensation for them. Measures for such compensation shall be formulated by the governments of provinces, autonomous
regions and municipalities directly under the Central Government.

CHAPTER III ADMINISTRATION OF WILDLIFE

   Article 15 The departments of wildlife administration shall regularly carry out surveys of wildlife resources and keep records of them.

   Article 16 The hunting, catching or killing of wildlife under specialstate protection shall be prohibited. Where the catching or fishing for
wildlife under first class state protection is necessary for scientific research, domestication and breeding, exhibition or other
special purposes, the unit concerned must apply to the department of wildlife administration under the State Council for a special
hunting and catching license; where the catching or hunting of wildlife under second class state protection is intended, the unit
concerned must apply to the relevant department of wildlife administration under the government of a province, an autonomous region
or a municipality directly under the Central Government for a special hunting and catching license.

   Article 17 The state shall encourage the domestication and breeding of wildlife.

Anyone who intends to domesticate and breed wildlife under special state protection shall obtain a license. Administrative measures
for such licenses shall be formulated by the department of wildlife administration under the State Council.

   Article 18 Anyone who intends to hunt or catch wildlife that is not under special state protection must obtain a hunting license and observe
the hunting quota assigned.

Anyone who intends to hunt with a gun must obtain a gun license from the public security organ of the county or municipality concerned.

   Article 19 Anyone engaged in the hunting or catching of wildlife shall observe the prescriptions in his special hunting and catching license
or his hunting license with respect to the species, quantity, area and time limit.

   Article 20 In nature reserves and areas closed to hunting, and during seasons closed to hunting, the hunting and catching of wildlife and other
activities which are harmful to the living and breeding of wildlife shall be prohibited.

The areas and seasons closed to hunting as well as the prohibited hunting gear and methods shall be specified by governments at or
above the county level or by the departments of wildlife administration under them.

   Article 21 The hunting or catching of wildlife by the use of military weapons, poison or explosives shall be prohibited.

Measures for the control of the production, sale and use of hunting rifles and bullets shall be formulated by the department of forestry
administration under the State Council jointly with the public security department, and shall enter into force after being submitted
to and approved by the State Council.

   Article 22 The sale and purchase of wildlife under special state protection or the products thereof shall be prohibited. Where the sale, purchase
or utilization of wildlife under first class state protection or the products thereof is necessary for scientific research, domestication
and breeding, exhibition or other special purposes, the unit concerned must apply for approval by the department of wildlife administration
under the State Council or by a unit authorized by the same department. Where the sale, purchase or utilization of wildlife under
second class state protection or the products thereof is necessary, the unit concerned must apply for approval by the department
of wildlife administration under the government of the relevant province, autonomous region or municipality directly under the Central
Government or by a unit authorized by the same department.

Units and individuals that domesticate and breed wildlife under special state protection may, by presenting their domestication and
breeding licenses, sell wildlife under special state protection or the products thereof, in accordance with the relevant regulations,
to purchasing units designated by the government.

The administrative authority for industry and commerce shall exercise supervision and control over wildlife or the products thereof
that are placed on the market.

   Article 23 The transportation or carrying of wildlife under special state protection or the products thereof out of any county must be approved
by the department of wildlife administration under the government of the relevant province, autonomous region or municipality directly
under the Central Government, or by a unit authorized by the same department.

   Article 24 The export of wildlife under special state protection or the products thereof, and the import or export of wildlife or the products
thereof, whose import or export is restricted by international conventions to which China is a party, must be approved by the department
of wildlife administration under the State Council or by the State Council, and an import or export permit must be obtained from
the state administrative organ in charge of the import and export of the species which are near extinction. The Customs shall clear
the imports or exports after examining the import or export permit.

The export of the species of wildlife involving scientific and technological secrets shall be dealt with in accordance with relevant
provisions of the State Council.

   Article 25 The forgery, sale or resale or transfer of special hunting and catching licenses, hunting licenses, domestication and breeding licenses,
and import and export permits shall be prohibited.

   Article 26 Where any foreigner intends, in the territory of China, to make surveys of or to film or videotape wildlife under special state protection
in the field, he must apply for approval by the department of wildlife administration under the State Council or by a unit authorized
by the same department.

The establishment of hunting grounds open to foreigners must be approved by the department of wildlife administration under the State
Council.

   Article 27 Anyone engaged in the utilization of wildlife or the products thereof shall pay a fee for the protection and administration of wildlife
resources. The schedule of the fee and the procedure for collecting it shall be formulated by the department of wildlife administration
under the State Council jointly with the financial and pricing authorities and shall enter into force after being submitted to and
approved by the State Council.

   Article 28 Anyone who has caused losses to crops or other losses while hunting or catching wildlife shall be held responsible for compensation.

   Article 29 The local governments concerned shall take measures to prevent and control the harm caused by wildlife so as to guarantee the safety
of human beings and livestock and ensure agricultural and forestry production.

   Article 30 The administrative measures for wildlife under special local protection and for other wildlife that is not under special state protection
shall be formulated by the standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly
under the Central Government.

CHAPTER IV LEGAL RESPONSIBILITY

   Article 31 Anyone who illegally catches or kills wildlife under special state protection shall be prosecuted for criminal responsibility in
accordance with the supplementary provisions on punishing the crimes of catching or killing the species of wildlife under special
state protection which are rare or near extinction.

   Article 32 If anyone, in violation of the provisions of this Law, hunts or catches wildlife in an area or during a season closed to hunting
or uses prohibited hunting gear or methods for the purpose, his catch, hunting gear and unlawful income shall be confiscated and
he shall be fined by the department of wildlife administration; if the circumstances are serious enough to constitute a crime, he
shall be prosecuted for criminal responsibility in accordance with the provisions of Article 130 of the Criminal Law.

   Article 33 If anyone, in violation of the provisions of this Law, hunts or catches wildlife without a hunting license or in violation of the
prescriptions of the hunting license, his catch and unlawful income shall be confiscated and he shall be fined by the department
of wildlife administration and, in addition, his hunting gear may be confiscated and his hunting license revoked.

If anyone, in violation of the provisions of this Law, hunts wildlife with a hunting rifle without a license for the rifle, he shall
be punished by a public security organ by applying mutatis mutandis the provisions of the Regulations on Administrative Penalties
for Public Security.

   Article 34 If anyone, in violation of the provisions of this Law,destroys in nature reserves or areas closed to hunting the main places where
wildlife under special state or local protection lives and breeds, he shall be ordered by the department of wildlife administration
to stop his destructive acts and restore these places to their original state within a prescribed time limit, and shall be fined.

   Article 35 If anyone, in violation of the provisions of this Law, sells, purchases, transports or carries wildlife under special state or local
protection or the products thereof, such wildlife and products and his unlawful income shall be confiscated by the administrative
authority for industry and commerce and he may concurrently be fined.

If anyone, in violation of the provisions of this Law, sells or purchases wildlife under special state protection or the products
thereof, and if the circumstances are serious enough to constitute a crime of speculation or smuggling, he shall be prosecuted for
criminal responsibility according to the relevant provisions of the Criminal Law.

The wildlife or the products thereof thus confiscated shall, in accordance with the relevant provisions, be disposed of by the relevant
department of wildlife administration or by a unit authorized by the same department.

   Article 36 If anyone illegally imports or exports wildlife or the products thereof, he shall be punished by the Customs according to the Customs
Law; if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility in accordance
with the provisions of the Criminal Law on the crimes of smuggling.

   Article 37 If anyone forges, sells or resells or transfers a special hunting and catching license, a hunting license, a domestication and breeding
license, or an import or export permit, his license or permit shall be revoked and his unlawful income shall be confiscated and he
may concurrently be fined by the relevant department of wildlife administration or the administrative authority for industry and
commerce.

If anyone who forges or sells or resells a special hunting and catching license or an import or export permit, and if the circumstances
are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility by applying mutatis mutandis the provisions
of Article 167 of the Criminal Law.

   Article 38 Any staff member of a department of wildlife administration who neglects his duty, abuses his power or engages in malpractices for
personal gains shall be subject to administrative sanctions by the department to which he belongs or by the competent authority at
a higher level; if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility
according to law.

   Article 39 Any party who is dissatisfied with the decision on an administrative sanction may, within 15 days of receiving the notification on
the sanction, make a request for reconsideration to the authority at the level next higher to the one that made the decision on the
sanction; if he is dissatisfied with the decision on reconsideration made by the authority at the next higher level, he may, within
15 days of receiving the notification on the decision on reconsideration, institute legal proceedings in the court. The party may
also directly institute legal proceedings in the court within 15 days of receiving the notification on the sanction. If the party
neither makes a request for reconsideration, nor institutes legal proceedings in the court, nor complies with the decision on the
sanction, the authority that made the decision on the sanction shall request the court to effect a compulsory execution of the decision.

If the party is dissatisfied with a customs penalty or a penalty for violation of public security, the matter shall be dealt with
in accordance with the provisions of the Customs Law or the Regulations on Administrative Penalties for Public Security.

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 40 If any international treaty concerning the protection of wildlife, concluded or acceded to by the People’s Republic of China, contains
provisions differing from those of this Law, the provisions of the international treaty shall apply, unless the provisions are ones
on which the People’s Republic of China has made reservations.

   Article 41 The department of wildlife administration under the State Council shall, in accordance with this Law, formulate regulations for its
implementation which shall go into effect after being submitted to and approved by the State Council.

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

   Article 42 This Law shall come into force as of March 1, 1989.

    

Source:China Internet Information Center

EDITOR:Victor





PREVENTION AND TREATMENT OF INFECTIOUS DISEASES

Law of the PRC on the Prevention and Treatment of Infectious Diseases

    

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II PREVENTION

CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION

CHAPTER IV CONTROL

CHAPTER V SUPERVISION

CHAPTER VI LEGAL LIABILITIES

CHAPTER VII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is enacted in order to prevent, control and eliminate the occurrence and epidemic of infectious diseases
and to ensure the health of the people.

   Article 2. The state shall implement a policy of putting the emphasis on prevention, combining prevention with treatment and
classified management with respect to infectious diseases.

   Article 3. The infectious diseases governed by this Law shall be divided into Classes A, B, and C.

A Class infectious diseases shall include plague and cholera.

B Class infectious diseases shall include viral hepatitis, bacillary and amebic dysentery, typhoid and paratyphoid,
AIDS, gonorrhea, syphilis, poliomyelitis, measles, pertussis, diphtheria, epidemic cerebrospinal meningitis,
scarlet fever, epidemic hemorrhagic fever, rabies, leptospirosis, brucellosis, anthrax, epidemic and endemic
typhus, epidemic encephalitis B, kala-azar, malaria, and dengue fever.

C Class infectious diseases shall include pulmonary tuberculosis, schistosomiasis, filariasis, echinococcosis,
leprosy, influenza, epidemic parotitis, rubella, tetanus neonatorum, acute hemorrhagic conjunctivitis and infectious
diarrhea other than cholera, dysentery, typhoid and paratyphoid.

The State Council may, according to circumstances, increase or decrease the number of A Class infectious diseases
and make corresponding announcements; the health administration department under the State Council may, according to
circumstances, increase or decrease the number of B Class and C Class infectious diseases and make corresponding announcements.

   Article 4. Governments at various levels shall direct the work of preventing and treating infectious diseases, draw up programmes
for the prevention and treatment of infectious diseases and be responsible for their implementation.

   Article 5. The health administration departments of governments at various levels shall exercise uniform supervision over
and control of the work of preventing and treating infectious diseases.

Anti-epidemic agencies at various levels and of different types shall, according to the division of professional
work, undertake the monitoring and control of infectious diseases within their respective spheres of responsibilities.

Medical care and health institutions at various levels and of different types shall undertake the tasks of preventing,
treating and controlling infectious diseases within their respective spheres of responsibilities and receive professional
guidance from the anti-epidemic agencies concerned.

The prevention and treatment of infectious diseases in the People ‘s Liberation Army shall be carried out in
compliance with this Law and other relevant provisions of the state and shall be supervised and controlled by the departments
in charge of health in the Army.

   Article 6. The management of food, pharmaceuticals and water which is related to the prevention and control of infectious diseases
as well as frontier quarantine shall be carried out according to the relevant provisions of the law.

   Article 7. Any unit or individual on the territory of the People’s Republic of China must respond to inquiries by medical care
and health institutions and anti-epidemic agencies on infectious diseases and accept their examinations and investigations
for certification as well as their preventive and control measures, and shall have the right to inform the authorities
or file charges against any violation of this Law.

   Article 8. Units and individuals who have made remarkable achievements in or contributions to the prevention and control of infectious
diseases shall be awarded.

CHAPTER II PREVENTION

   Article 9. Governments at various levels shall carry out health education on the prevention of infectious diseases and organize
people for the elimination of the hazards of rodents and vector insects like mosquitoes and flies as well as
other animals that transmit infectious diseases or suffer from infectious diseases common to human beings and animals.

   Article 10. Local governments at various levels shall establish or reconstruct public health facilities in a planned way,
take necessary measures for the innocent treatment of sewage, wastes and feces, and improve the hygienic condition of drinking
water.

   Article 11. Medical care and health institutions at various levels and of different types shall set up preventive health organizations
or assign personnel to undertake the prevention and control of infectious diseases and the management of the epidemic
situation in their respective units or in the communities for which they are responsible.

Municipalities, municipal districts and counties shall have hospitals for infectious diseases or clinics and
wards for infectious diseases in designated hospitals.

   Article 12. The state shall practise a planned prophylactic vaccination system.

The state shall practise a system by which certificates are issued to children who have received prophylactic vaccination.

   Article 13. The drinking water provided by a water supply unit must conform to the hygienic standards set by the state.

   Article 14. Infectious disease patients, pathogen carriers and suspected infectious disease patients shall, before they
are cured or cleared of suspicion, be barred from jobs which the health administration department under the State Council
prohibits them from doing because of the likelihood of causing the spread of infectious diseases.

   Article 15. Medical care and health institutions, anti-epidemic agencies and units engaged in the experimentation
of pathogenic microorganisms must rigorously implement the management system and the operation procedures
stipulated by the health administration department under the State Council to prevent the iatric infection of infectious
diseases, inside-hospital infection, laboratory infection and the spread of pathogenic microorganisms.

   Article 16. The storage, carrying and transportation of bacterial strains and virus strains of infectious diseases must be
rigorously controlled in accordance with provisions laid down by the health administration department under the
State Council.

   Article 17. When the sewage, wastes and feces are contaminated with the pathogen of A Class infectious diseases, the unit or the
individual concerned must carry out strict disinfection under the supervision and direction of an anti-epidemic agency;
in case of refusal to carry out disinfection, compulsory measures may be taken by the local government.

When the sewage, wastes and feces are contaminated with the pathogen of B Class or C Class infectious diseases,
the unit or the individual concerned must carry out treatment according to the hygienic requirements proposed by an anti-epidemic
agency.

   Article 18. The animal husbandry and veterinary departments of governments at various levels shall be responsible
for the prevention, treatment and management of infectious diseases of domestic animals and fowls related
to infectious diseases common to human beings and animals.

Wild animals related to infectious diseases common to human beings and animals shall be prohibited from being sold
or transported until they have been quarantined by the animal husbandry and veterinary department of the local government
or of the government at the receiving end.

The animal husbandry and veterinary departments, the health departments and the public security departments of
governments at various levels shall be responsible for the prevention, treatment and control of rabies according to
the division of work specified by the State Council.

   Article 19. Before a large construction project is started in an area which is a natural infection focus or a possible natural infection
focus, the construction unit shall apply to the local anti-epidemic agency for a sanitary investigation of
the construction environment and take necessary anti-epidemic measures according to the requirements of the anti-epidemic
agency.

During the period of construction, the construction unit shall assign special personnel to take charge of anti-epidemic
work at the construction site.

   Article 20. For persons engaged in the prevention or treatment of infectious diseases or in scientific research or teaching
related to such diseases, for persons who handle the epidemic situation on the spot, and for persons who, in productive
pursuits or other types of work, are in contact with infectious disease pathogens, the units concerned shall, in accordance
with the relevant provisions of the state, take effective measures of protection and of medical and health care.

CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION

   Article 21. Anyone who has found an infectious disease patient or a suspected one shall promptly report to the nearby medical
care and health institution or anti-epidemic agency.

When medical care and health personnel or anti-epidemic personnel on duty find patients, pathogen carriers or suspected
patients of A Class or B Class infectious diseases, or if they find in a monitored area patients, pathogen carriers
or suspected patients of C Class infectious diseases, they must report the epidemic situation to the local
health and anti-epidemic agency within the time limit prescribed by the health administration department
under the State Council. When a health and anti-epidemic agency finds the prevalence of infectious
diseases or receives a report on the epidemic situation of A Class infectious diseases or of AIDS or pulmonary anthrax
as a type of anthrax among B Class infectious diseases, it shall immediately report to the local health administration
department, which shall immediately report to the local government and also to the health administration department
at a higher level and the health administration department under the State Council.

   Article 22. The responsible persons concerned of governments at various levels and the persons engaged in the medical care, epidemic
prevention, surveillance and control of infectious diseases shall not withhold the truth about or make
a false report on the epidemic situation or inspire others to do so.

   Article 23. The health administration department under the State Council shall promptly release information on and publicly announce
the true epidemic situation and may authorize the health administration departments of provinces, autonomous
regions, or municipalities directly under the Central Government to release information on and publicly announce the
true epidemic situation in their respective administrative areas.

CHAPTER IV CONTROL

   Article 24. When medical care and health institutions and anti-epidemic agencies find infectious diseases, they shall promptly take
the following control measures:

(1) Patients and pathogen carriers of A Class infectious diseases and patients of AIDS and of pulmonary anthrax
as a type of anthrax among B Class infectious diseases shall be isolated for treatment. The period of isolation shall
be determined according to the results of medical examination. For those who refuse treatment in isolation
or break away from treatment in isolation before the expiration of the isolation period, the public security department
may assist medical care institutions in taking measures to enforce the treatment in isolation;

(2) For patients of B Class infectious diseases other than AIDS and pulmonary anthrax as a type of anthrax and
patients of C Class infectious diseases, necessary treatment and control measures shall be taken according to the patients’
conditions;

(3) Suspected patients of A Class infectious diseases shall be kept under medical observation in designated places until
a definite diagnosis is made; and

(4) Necessary sanitary disposal and preventive measures shall be applied to places and objects contaminated
by patients, pathogen carriers and suspected patients of infectious diseases and persons in close contact with them.

Patients of infectious diseases,their relations and the related units as well as the local organizations of residents
or villagers shall cooperate in executing the measures specified in the preceding paragraphs.

   Article 25. In the event of an outbreak or a prevalence of an infectious disease, the local government shall immediately get
people organized to control them and cut off the route of transmission; when necessary, it may take the following
emergency measures, subject to reporting to and decision by the local government at the next higher level:

(1) restricting or suspending fairs, assemblies, cinema shows, theatrical performances and other types of mass congregation;

(2) suspension of work, business and school classes;

(3) provisional requisition of houses and means of transport; and

(4) closing public drinking water sources contaminated with the pathogen of infectious diseases.

When a local government at or above the county level receives a report from a government at the next lower level
proposing the adoption of the above-mentioned emergency measures, it shall make a decision within the prescribed time
limit.

The termination of emergency measures shall be announced by the authorities that originally made the decision.

   Article 26. In the event of an outbreak or a prevalence of an A Class or a B Class infectious disease, a local government at or above
the county level may, subject to reporting to and decision by the local government at the next higher level, announce
the designation of an epidemic area, take emergency measures in the epidemic area as specified in Article 25 of this
Law and carry out quarantine inspection of persons, goods and materials and means of transport entering or leaving
the epidemic area. By decision of the government of a province, an autonomous region or a municipality directly under
the Central Government, an epidemic area of an A Class infectious disease may be blockaded; the blockade of an epidemic
area in a large or medium-sized municipality or an epidemic area that cuts across provinces, autonomous regions and
municipalities directly under the Central Government as well as the blockade of an epidemic area leading to the
interruption of traffic along a main line of communication or to the blockade of frontiers shall be decided by the
State Council.

The termination of the blockade of an epidemic area shall be announced by the authorities that originally made the decision.

   Article 27. When a grave epidemic situation occurs, the health administration department under the State Council shall have the
authority, within the whole country or across provinces, autonomous regions and municipalities directly
under the Central Government, and health administration departments under the governments at various levels
shall have the authority, in their respective administrative areas, to assemble medical and health personnel and anti-epidemic
personnel at various levels and of different types for participation in the control of the epidemic situation.

   Article 28. The body of a person who died of plague, cholera or anthrax must be disinfected immediately and cremated at a nearby place.
The body of a person who died of any other infectious disease shall, when necessary, be cremated after disinfection
or buried deep in accordance with relevant provisions.

The medical care and health institutions and anti-epidemic agencies may, when necessary, conduct autopsy on
the corpses of patients or suspected patients of infectious diseases.

The standing committee of the people’s congress of a province or an autonomous region may,while implementing the
provisions of the preceding two paragraphs in national autonomous areas, make flexible provisions when necessary.

   Article 29. The pharmaceutical department and other departments concerned shall promptly supply pharmaceuticals and instruments
for the prevention and treatment of infectious diseases. The units making biological products shall promptly
supply such products for the prevention and treatment of infectious diseases. There shall be a certain amount of
pharmaceuticals, biological products and instruments in reserve for the prevention and treatment of infectious diseases.

   Article 30. Railroad, communications, and civil aviation departments must give priority to the transportation of personnel, pharmaceuticals,
biological products and instruments for dealing with the epidemic situation, as approved by the health administration
department.

   Article 31. The specific measures for communication quarantine for the purpose of controlling the spread of infectious diseases
shall be formulated by the health administration department under the State Council together with the departments
concerned, and enforced after being reported to and approved by the State Council.

CHAPTER V SUPERVISION

   Article 32. Health administration departments of governments at various levels shall exercise the following supervisory and managerial
functions and powers regarding the prevention and treatment of infectious diseases:

(1) to supervise and inspect the measures for the prevention, treatment, monitoring and control of infectious diseases
as well as the control of the epidemic situation;

(2) to instruct an inspected unit or individual to improve management of the prevention and treatment of infectious
diseases within a definite time; and

(3) to impose administrative sanctions against violations of this Law according to the provisions of this Law.

The health administration department under the State Council may authorize the institutions in charge of health
of other departments concerned to exercise within such department the functions and powers specified in the preceding
paragraphs.

   Article 33. The health administration departments of governments at various levels, the institutions in charge of health of
other departments concerned authorized by the health administration department under the State Council, and
health and anti-epidemic agencies at various levels and of different types shall appoint supervisors of infectious
disease management to execute the tasks of surveillance and management of infectious diseases assigned by the
health administration departments or the institutions in charge of health of other departments concerned.

The post of supervisor of infectious disease management shall be held by a qualified health professional, who shall
be appointed and given a certificate by the health administration department of a government at or above the provincial
level.

   Article 34. The medical care and health institutions at various levels and of different types shall appoint inspectors of infectious
disease management to inspect the prevention and treatment of infectious diseases in their respective units and
in the communities for which they are responsible, and report the results of inspection to the health and
anti-epidemic agencies concerned.

An inspector of infectious disease management shall be approved and given a certificate by the health administration department
of the local government at or above the county level.

CHAPTER VI LEGAL LIABILITIES

   Article 35. Any unit or individual who, in violation of the provisions of this Law, commits any of the following acts shall be ordered
to rectify it or may be fined by the health administration department of a government at or above the county level; when
there is a risk of causing an epidemic of an infectious disease, the health administration department shall report to the
government at the same level for the adoption of compulsory measures:

(1) failure on the part of a water supply unit to conform to the hygienic standards for drinking water set by the state;

(2) refusal to give disinfection treatment, according to the sanitary requirements proposed by a health and
anti-epidemic agency, to sewage, wastes and feces contaminated with the pathogen of infectious diseases;

(3) approving or conniving at the taking of jobs by patients of infectious diseases, pathogen carriers or suspected
patients of infectious diseases which they are prohibited from doing by the health administration department
under the State Council because of the likelihood of causing a spread of infectious diseases; and

(4) refusal to execute other preventive and control measures proposed by the health and anti-epidemic agencies according
to this Law.

   Article 36. Any party who refuses to accept a decision on fine may, within 15 days of receiving the notice on the punishment decision,
apply to the health administration department at the next higher level for reconsideration; any party who refuses
to accept the reconsideration decision may, within 15 days of receiving the notice on the reconsideration decision, bring
a lawsuit before a court of law. Any party may also, within 15 days of receiving the notice on the punishment decision,
directly bring a lawsuit before a court. If a party neither applies for reconsideration nor brings a lawsuit before
a court of law nor carries out the punishment decision within the prescribed time, the health administration department that
has made the decision on punishment may apply to a court for compulsory execution.

   Article 37. If a person commits one of the acts specified in Article 35 of this Law and as a result causes the spread or a great risk
of the spread of an A Class infectious disease, his criminal responsibility shall be investigated by applying mutatis
mutandis the provisions of Article 178 of the Criminal Law of the People’s Republic of China.

   Article 38. Any person engaged in the experimentation, storage, carrying or transportation of bacterial strains and virus
strains of infectious diseases who, in violation of the relevant provisions of the health administration department
under the State Council, causes a spread of the bacterial strains or virus strains of an infectious disease, with
severe consequences, shall be prosecuted in accordance with Article 115 of the Criminal Law; he shall be given
an administrative sanction if the circumstances are not so serious.

   Article 39. Any person engaged in the medical care and health work, epidemic prevention, surveillance and control related to
infectious diseases or any relevant responsible person of the government who causes the spread or epidemic
of an infectious disease due to his dereliction of duty shall be given an administrative sanction; if the circumstances
are serious enough to constitute a crime, he shall be prosecuted in accordance with Article 187 of the Criminal Law.

CHAPTER VII SUPPLEMENTARY PROVISIONS

   Article 40. The health administration department under the State Council shall, in accordance with this Law, formulate rules
for its implementation which shall come into force after being submitted to and approved by the State Council.

   Article 41. This Law shall come into force as of September 1, 1989.

    





PROVISIONS CONCERNING THE PAYMENT OF ROYALTIES FOR THE EXPLOITATION OF OFFSHORE PETROLEUM RESOURCES

Category  FINANCE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-01-01 Effective Date  1989-01-01  


Provisions Concerning the Payment of Royalties for the Exploitation of Offshore Petroleum Resources



(Approved by the State Council on December 5, 1988, promulgated by Decree

No.1 of the Minister of Finance on January 1, 1989)

    Article 1  These Provisions are formulated in accordance with the
“Regulations of the People’s Republic of China on the Exploitation of Offshore
Petroleum Resources in cooperation with Foreign Enterprises”, in order to
promote the development of national economy, to expand international economic
and technological cooperation, and to encourage the exploitation of China’s
offshore petroleum resources.

    Article 2  All Chinese and foreign enterprises, which are engaged in the
exploitation of offshore petroleum resources pursuant to the law in the inland
sea, territorial sea and continental shelf of the People’s Republic of China
and in any other sea areas under the jurisdiction of the People’s Republic of
China, shall pay royalties in accordance with these Provisions.

    Article 3  Royalties shall be computed and imposed on the basis of the
gross output of crude oil or natural gas produced every calendar year from
each oil or natural gas field. The rates of the royalties are as follows:

    1. Crude oil

    the portion of annual gross output of crude oil not exceeding 1 million
tons, shall not be subject to the payment of royalties;

    for the portion of annual gross output of crude oil from 1 million to 1.5
million tons, the rate shall be 4%;

    for the portion of annual gross output of crude oil from 1.5 million to 2
million tons, the rate shall be 6%;

    for the portion of annual gross output of crude oil from 2 million to 3
million tons, the rate shall be 8%;

    for the portion of annual gross output of crude oil from 3 million to 4
million tons, the rate shall be 10%;

    for the portion of annual gross output of crude oil exceeding 4 million
tons, the rate shall be 12.5%.

    2. Natural gas

    the portion of annual gross output of natural gas not exceeding 2 billion
cubic meters, shall not be subject to the payment of royalties;

    for the portion of annual gross output of natural gas from 2 billion to
3.5 billion cubic meters, the rate shall be 1%;

    for the portion of annual gross output of natural gas from 3.5 billion to
5 billion cubic meters, the rate shall be 2%;

    for the portion of annual gross output of natural gas exceeding 5 billion
cubic meters, the rate shall be 3%.

    Article 4  The royalties for crude oil and natural gas shall be paid in
kind.

    Article 5  The royalties for crude oil and natural gas shall be levied
and administered by the tax authorities.

    With respect to the royalties of Chinese-foreign Cooperative oil or gas
fields, the operators shall act as agents for withholding the royalties, and
shall hand over the royalties withheld to China National Offshore Petroleum
Corporation, which, in turn, shall act as an agent for making the payment of
the royalties.

    Article 6  The royalties shall be computed annually and paid in advance
in installments either based on times or on terms; and the final settlement
shall be made after the end of the tax year. The time limits for advance
payment and final settlement shall be set by the tax authorities.

    Article 7  The oil or gas fields operators shall, within 10 days after the
end of each quarter, submit to the tax authorities a report on the output of
oil or gas fields and any other related materials required by the tax
authorities.

    Article 8  The withholding agents and paying agents with regard to the
royalties must, in accordance with the time limits set by the tax authorities,
pay the royalties. In case of failure to pay the royalties within the time
limits, the tax authorities shall impose a surcharge for overdue payment equal
to 1% of the overdue royalties for everyday in arrears, starting from the
first day the payment becomes overdue.

    Article 9  In the case that the oil or gas fields operators, in violation
of the provisions in Article 7, fail to submit on time to the tax authorities
the reports on output of oil or gas fields and other related materials
required by the tax authorities, the tax authorities may impose a fine in
light of the circumstances up to but not exceeding RMB 5,000 yuan; in dealing
with those who conceal the actual output, the tax authorities, in addition to
pursuing the royalties payment, may impose a fine, in light of the
circumstances, up to but not exceeding five times of the amount of royalties
that shall be made up.

    Article 10  The following terms, used in these Provisions, are defined
below:

    (1) Crude oil: refers to solid and liquid hydrocarbon in the natural
state as well as any liquid hydrocarbon extracted from natural gas, except
for methane ( CH4).

    (2) Natural gas: refers to non-associated natural gas and associated
natural gas in the natural state.

    Non-associated natural gas: refers to all gaseous hydrocarbon extracted
from gas deposits, including wet gas, dry gas, and residual gas remaining
after the extraction of liquid hydrocarbon from wet gas.

    Associated natural gas: refers to all gaseous hydrocarbon extracted from
oil deposits simultaneously with crude oil, including residual gas remaining
after the extraction of liquid hydrocarbon.

    (3) Annual gross output of crude oil: refers to the total amount of crude
oil produced by each oil or gas field in the same contracted area, in one
calendar year, less the quantity of oil used for petroleum operations and that
of wasted.

    (4) Annual gross output of natural gas: refers to the total amount of
natural gas produced by each oil or gas field in the same contracted area, in
one calendar year, less the quantity of natural gas used for petroleum
operations and that of wasted.

    Article 11  These Provisions shall become effective as of January 1, 1989.





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CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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