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1995

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.





CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON ADJUSTMENT OF THE PROVISIONS CONCERNING PERSONNEL SENT ABROAD ON OFFICIAL DUTY

Category  MISCELLANEOUS ADMINISTRATION AFFAIRS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-08-28 Effective Date  1989-09-10  


Circular of the General Office of the State Council on Adjustment of the Provisions Concerning Personnel Sent Abroad on Official
Duty

(August 28, 1989)

    The Circular is hereby issued concerning the decision of the State Council
to carry out adjustment of the provisions concerning personnel who are sent
abroad on official duty, in order to strengthen the control of imported
articles whose importation is under restriction by the state, to check the
indiscriminate sending of personnel and groups abroad, and to promote the
development of an honest and incorruptible atmosphere among government
functionaries.

    1. The existing provision shall be abolished which permits personnel to be
sent abroad on official duty to exchange a small amount of Renminbi (RMB) for
free foreign currencies.

    2. The existing provision shall be abolished which permits personnel sent
abroad on official duty, to bring, every three months, into the country from
abroad duty-free a total of two articles, one selected from Category 4 and the
other from Category 5 in “A Table of Restricted Quantities for Articles to be
Carried into the Country by the Personnel Going Abroad”, as promulgated by the
Customs; the amended provisions now stipulates that those who have been abroad
for full six months (i.e. 180 days) shall be permitted to bring into the
country duty-free a total of two articles, one from Category 4 and the other
from Category 5, but the highest number of years prescribed for this
preferential treatment shall not be exceeded.

    3. Beginning from September 10, 1989, all personnel sent abroad on
official duty shall have to act strictly on the amended provisions as
afore-mentioned in this Circular.

    Corresponding administrative procedures shall be formulated by the
Ministry of Finance, the General Administration of Customs and the State
Administration of Foreign Exchange Control.





REGULATIONS CONCERNING THE HYGIENE SUPERVISION OVER COSMETICS

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-11-13 Effective Date  1990-01-01  


Regulations Concerning the Hygiene Supervision Over Cosmetics

Chapter I  General Provisions
Chapter II  Hygiene Supervision over the Production of Cosmetics
Chapter III  Hygiene Supervision over Cosmetics Sales
Chapter IV  The Organ for Hygiene Supervision over Cosmetics and Its
Chapter V  Penalty Provisions
Chapter VI  Supplementary Provisions

(Approved by the State Council on September 26, 1989, and issued by

Decree No. 3 of the Ministry of Public Health on November 13, 1989)
Chapter I  General Provisions

    Article 1  These Regulations are formulated to strengthen hygiene
supervision over cosmetics so as to ensure hygiene quality and safety use of
cosmetics and to safeguard the consumers’ health.

    Article 2  The term “Cosmetics” referred to in these Regulations means
those daily used chemical products applied on the surface of any part of the
human body (such as skin, hair, nails and lips) by way of smearing, spraying
or other similar methods to keep the body clean, to get rid of undesirable
smell, to protect the skin, to make up the face and to increase the beauty of
the appearence.

    Article 3  The State shall enforce hygiene supervision over cosmetics. The
health administrative department under the State Council is in charge of the
nationwide hygiene supervisory work on cosmetics while the health
administration departments at or above county government level are in charge
of the hygiene supervisory work on cosmetics within their respective
jurisdiction.

    Article 4  All units or persons who are engaged in the production and
business of cosmetics must abide by these Regulations.
Chapter II  Hygiene Supervision over the Production of Cosmetics

    Article 5  The State shall exercise hygiene supervision over the
enterprises engaged in the production of cosmetics by means of Hygiene License
system. Hygiene License for the Production Enterprise of Cosmetics shall be
approved and issued by the hygiene administration department at the
provincial, autonomous regional or municipal (directly under the Central
Government) level.

    The term of validity of a Hygiene License for the Production Enterprise of
Cosmetics is four years and it must be verified after two years.

    No enterprise shall be allowed to engage in the production of cosmetics
without a Hygiene License.

    Article 6  A production enterprise of cosmetics must meet the following
hygiene requirements:

    (1) it must be built in a clean area and away from areas contaminated with
poisonous or other harmful matters at a certain distance as required by the
relevant hygiene regulations;

    (2) the production building must be strong and clean. The ceiling, walls
and floors inside the workshop must be built with smooth and glazed material.
The workshop must be well-lit and have necessary facilities and equipment to
kill rats and insects and to prevent them from causing harm to the products
and from multiplying;

    (3) it must have adequate depository for materials and finished products
and workshops of appropriate capacity for processing and packing purposes;

    (4) the workshops must be equipped with the necessary facilities to meet
the specific requirements of the products, and the technological process must
meet the hygiene standard;

    (5) it must have testing instruments and qualified technical personnel to
carry out microbiological test on its cosmetic products.

    Article 7  The staff and workers directly involved in the production of
cosmetics are required to have a physical check-up every year. Only those who
hold a health certificate shall be allowed to engage in the production.

    Any worker who suffers from ringworm of fingers, ringworm of finger-nails,
hand eczema, hand scale, effusive dermatosis, dysentery, typhoid, virus
hepatitis, and active tuberculosis shall not allowed to be directly engaged in
the production of cosmetics.

    Article 8  The materials and additives needed in the making of cosmetics
and the immediate containers and packing materials of cosmetics must meet the
State hygiene standards.

    Article 9  Before a new kind of material is used to make cosmetics, an
application must be made to the health administrative department under the
State Council for approval.

    “New kind of material” refers to natural or synthetic materials that are
used to make cosmetics for the first time in China.

    Article 10  The production of special cosmetics must be approved by the
health administrative department under the State Council. Only after an
approval document is obtained from this department can the factory start the
production.

    “Special Cosmetics” refer to those substance used for hair nourishment,
hair-dye, hair perm, hair removing, breast massage, deodorant, fading cream
and antisunburn lotion.

    Article 11  Before putting its cosmetic products onto the market, the
producer is required to conduct hygiene quality examination in accordance with
the Hygiene Standard for Cosmetics formulated by the State and mark the
qualified products. The products that are not examined or are not up to the
required hygiene standard are not allowed to be shipped out of the factory.

    Article 12  On the label of a cosmetic product, the name of the product,
the name of the producer and the serial number of the hygiene license for the
production enterprise must be clearly stated; on the smaller package or the
specification sheet, the date of production and expiry must be stated. In the
case of special cosmetic products, the approval document number must also be
printed. In the case of cosmetics that may cause undesirable reactions,
warnings and instructions on the use of the product must be stated in the
specification sheet. No indications, curative effect and medical terms are
allowed to be written on the label, on the inner packing or on the
specification sheet of cosmetic products.
Chapter III  Hygiene Supervision over Cosmetics Sales

    Article 13  No unit or person in the cosmetics business shall be allowed
to sell cosmetics of the following kinds:

    (1) the cosmetics produced by an enterprise without a Hygiene License for
the Production Enterprise of Cosmetics;

    (2) the cosmetics without a quality tag;

    (3) the cosmetics of which the label, the smaller package or the
specification sheet does not conform to the rules stipulated in Article 12 of
these Regulations;

    (4) the special cosmetics without an approval document;

    (5) the cosmetics that has expired.

    Article 14  The following content shall not be allowed to be included in
cosmetic advertising:

    (1) exaggerating the effectiveness of the cosmetic product through its
chosen name and the description of its production method, its properties and
efficacy;

    (2) giving a guarantee in the name of other people or giving a hint to
lure consumers into misunderstanding the efficacy of the product;

    (3) advertising the medical efficacy of the cosmetic product.

    Article 15  When a cosmetic product is imported for the first time, the
importing unit is required to submit to the health administrative department
under the State Council the relevant information such as the specifications,
the quality standard, and the method of testing, and a sample of that
cosmetics together with a production license issued by the official department
of the exporting country (or region). Only after an approval by the health
administrative department under the State Council is obtained can the
importing unit sign the import contract.

    Article 16  All imported cosmetics are subject to inspection by the State
Bureau of Import and Export Commodities Inspection. Only those qualified
cosmetics are allowed to be imported.

    Cosmetics imported in small quantity for personal use shall follow the
import formalities in accordance with Customs regulations.
Chapter IV  The Organ for Hygiene Supervision over Cosmetics and Its
Duties

    Article 17  The health administration departments at all govermnent levels
shall exercise hygiene supervision over cosmetics. They shall entrust an
inspection organ to carry out the specific hygiene supervisory work within
their jurisdiction.

    Article 18  The health administrative department under the State Council
shall invite research specialists and experts from medical units, production
enterprises and health administration organs to form an appraisal group for
the safety of cosmetics. They shall make appraisal of the safety of imported
cosmetics, special cosmetics and the new ingredients of cosmetics. Besides,
they make technical investigation in the hazardous results of cosmetics of
poor quality.

    Article 19  The health administration departments at all levels shall
appoint cosmetic hygiene supervisors to exercise hygiene supervision over
cosmetics. Cosmetics hygiene supervisors shall be selected by the health
administrative department under the State Council, at the provincial,
autonomous regional or municipal (directly under the Central Government) level
from among qualified hygiene personnel and shall be issued with badges and
identity cards.

    Article 20  When carrying out their duties, the cosmetic hygiene
supervisors are required to wear their badges and show their identity cards.
They must keep confidential the technical data presented by the production
enterprises.

    Article 21  Cosmetic hygiene supervisors are vested with the right to
conduct sample testing of the cosmetics of any production or business unit.
They may ask for information of cosmetic safety that is related to their
hygiene supervisory work. No unit shall refuse to provide or withhold the
facts, or to present false material.

    Article 22  The health administration departments, the cosmetic hygiene
supervisors or the hygiene supervision and inspection organs at all levels are
not allowed to have a hand in the production, sale or supervision of the
making of cosmetics in the form of technical consultancy, technical service
and under any other pretences.

    Article 23  If any medical treatment unit finds out any cases who suffer
from undesirable effect after using a certain cosmetics, it is required to
make a report to the local health administration department.
Chapter V  Penalty Provisions

    Article 24  If any production enterprise without a Hygiene License for the
Production Enterprise of Cosmetics is found to have made cosmetics without
authorization, it shall be ordered to stop production and its products and
illegal earnings shall be confiscated and a fine 3 to 5 times the illegal
profits shall be imposed on it.

    Article 25  If any production enterprise without holding an approval
document is found to have produced special cosmetics or have used prohibited
materials or any new ingredients that had not been previously approved, its
products and illegal earnings shall be confiscated and a fine 3 to 5 times
their illegal profits shall be imposed on it. It may be ordered to stop
production or to have its Hygiene License for the Production Enterprise
of Cosmetics revoked.

    Article 26  Those who import or sell imported cosmetics that have not been
approved or examined shall be punished by having their goods and illegal
earnings confiscated and by a fine 3 to 5 times their illegal profits.

    As for those enterprises holding an approval document for the production
of special cosmetics, if they violate these provisions and the case is serious
enough, their approval document shall be revoked.

    Article 27  Those who produce or sell any cosmetics that are not up to the
State Hygiene Standard for Cosmetics shall be punished by having their
products and illegal earnings confiscated and by a fine 3 to 5 times their
illegal profits.

    Article 28  If any production enterprise or business enterprise violates
other rules of these Regulations, they shall be given a warning and be ordered
to correct their wrong doings within a prescribed period of time; if the case
is serious enough, in the case of a production enterprise, it shall be ordered
to stop production or to have its Hygiene License for the Production
Enterprise of Cosmetics revoked; and, in the case of a business enterprise, it
shall be ordered to stop business, have its illegal earnings confiscated and
be punished by a fine 2 to 3 times their illegal profits.

    Article 29  Disciplinary sanctions for violation of these Regulations
shall be decided by the health administration departments at or above the
county level. Disciplinary sanctions for violation of Article 14 of these
Regulations shall be decided by the administration department for industry and
commerce.

    The punishment by revocation of the Hygiene License for the Production
Enterprise of Cosmetics shall be decided by the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Govemment) level. The punishment by revocation of the approval
document for the production of special cosmetics shall be decided by the
health administrative department under the State Council. The fine and
confiscation shall all be turned over to the State treasury and the products
confiscated shall be disposed under the supervision of the health
administration department.

    Article 30  If the party concerned does not accept the disciplinary
sanction imposed by the health administration department, it may appeal to the
health administration department at a higher level for a review of the case
within 15 days after receiving the notification of the sanction. The higher
health administration department is required to give a reply within 30 days.
If it is still not satisfied with the decision made by the health
administration at the higher level, it may bring a suit to the people’s court
within 15 days after receiving the notification of the reconsideration, but it
must carry out at once the order of the health administration department about
confiscation of their products and suspension of production. If upon the
expiration of this period, the party has neither applied for reconsideration
nor complied with the sanction, the health administration department may
request the people’s court to take enforcement at law.

    Article 31  In the case that the consumer is harmed physically or poisoned
as a result of violation of these Regulations, the production enterprise, the
business enterprise or the persons who are directly responsible for the
consequences must compensate for the loss. If the case has produced serious
consequences, the party responsible shall be prosecuted for criminal
responsibility by the judicial organs in accordance with the law.

    Article 32  Any cosmetic hygiene supervisor who abuses his power or
engages in malpractices for personal gains or discloses the technical data
provided by the enterprise shall be subject to disciplinary sanctions; and if
the case is serious enough to constitute a crime, he shall be prosecuted for
criminal responsibility according to law.
Chapter VI  Supplementary Provisions

    Article 33  Hygiene supervision work over the cosmetics produced and put
to sale on the market by any units in the People’s Liberation Army shall be
conducted in accordance with these Regulations.

    Article 34  The right to interpret these Regulations resides in the health
administration departrnent under the State Council and the rules for the
implementation of these Regulations shall be formulated by the health
administration department under the State Council.

    Article 35  These Regulations shall come into force as of January 1, 1990.





PROVISIONS FOR THE CONTROL OF BAND ACCOUNTS OPENED ABROAD BY ENTERPRISES WITH FOREIGN INVESTMENT

The State Administration of Foreign Exchange

Provisions for the Control of Band Accounts Opened Abroad by Enterprises with Foreign investment

March 1, 1989

Pursuant to the relevant stipulations of the “Rules for the Implementation of Foreign Exchange Control Relating to Enterprises with
Overseas Chinese Capital, Foreign-capital Enterprises and Chinese-foreign Equity Joint Ventures”, the following Provisions are enacted
to tighten control over the foreign exchange accounts opened abroad by enterprises with foreign investment:

Article 1

An enterprise with foreign investment (hereinafter referred to as “enterprise”) that wishes to open bank accounts abroad out of actual
business and operational needs shall apply for approval at the State Administration of Foreign Exchange (SAFE) or one of its branch
or sub-branch offices (hereafter referred to as “exchange control authorities”) where the enterprises is located; it may open such
accounts only after the application has been granted.

Article 2

As used in Article 1 , “actual business and operational needs” refer to one of the following cases:

1.

If an enterprise has regular receipts in small amounts abroad and needs to open bank accounts there to put these receipts together
before repatriating them to China;

2.

If an enterprise has regular disbursements in small amounts abroad-in this case, the receipts entered in the accounts shall consist
of remittances from China by the enterprise; or

3.

If an enterprise has to open bank accounts abroad out of special business requirements.

Article 3

In applying to the exchange control authorities for approval to open bank accounts abroad, an enterprise shall submit the following
documents:

1.

an application affixed by the enterprise’s official seal and signed by the legal representative of the enterprise or a person authorized
by its board of directors, stating the reason for opening bank accounts abroad, the specific currency involved, the sum of money,
the usage, the scope of receipts and disbursements, the using period, the bank with which the accounts are to be opened, and the
place where the bank is located;

2.

a certificate issued by a public accountant registered in China confirming that the enterprise’s capital has been fully paid up according
to the pertinent provisions;

3.

the document of approval issued by the competent authorities if the enterprise has set up a representative office with resident personnel
abroad; and

4.

the measures adopted by the enterprise to manage its bank accounts abroad.

Article 4

The enterprise shall open its accounts abroad with a bank in the country or region where its foreign exchange receipts and payments
mainly occur. Priority shall be given to Chinese-owned banks, if there is any there; a foreign bank with good credit standing may
also be chosen if there is special need for this.

Article 5

The enterprise shall maintain complete and effective control over its receipts and payments abroad and shall adopt effective managerial
measures to guarantee the safety of its funds.

Article 6

The enterprise must use its own name in opening bank accounts abroad and is not allowed to transfer its funds to the accounts of other
organizations or individuals.

Article 7

The exchange control authorities shall examine and determine the scope of receipts and disbursements to be covered by the enterprise’s
bank accounts abroad as well as the deposit ceilings and the using period of these accounts of the basis of the enterprise’s application.

Article 8

The enterprise that opens bank accounts abroad with the approval of the exchange control authorities shall submit to the said authorities,
within a month after the approval is given, a written statement certifying that the accounts have been opened; otherwise, the document
of approval from the said authorities will become invalid automatically.

Article 9

Within 30 days after the expiry of the using period of its bank accounts abroad, the enterprise must submit to the exchange control
authorities certificate confirming that these accounts have been cancelled, and must repatriate the balance to China, together with
a statement of account from the opening bank; in case the enterprise needs to extend the using period of its accounts abroad, it
must apply in writing to the exchange control authorities within 30 days before the expiry of the using period.

Article 10

The SAFE branch office that has approved an enterprise’s application to open bank accounts abroad shall submit the relevant data to
the SAFE for reference within 30 days of the approval.

Article 11

The enterprise shall submit photocopies of the opening bank’s statements, together with a statement of fund and its application, to
the exchange control authorities within 15 days after the end of each quarter.

Article 12

In accordance with the “Rules for the Implementation of Penalty of Offenses Against Exchange Control” and on the merit of each case,
the exchange control authorities may impose penalties on an enterprise and/ or revoke its bank accounts abroad in one of the following
cases:

1.

If the enterprise has exceeded the scope approved by the exchange control authorities in using its bank accounts abroad;

2.

If it has failed to submit on time the bank statements or other materials required by the exchange control authorities;

3.

If it has opened bank account abroad without authorization; or

4.

If it has violated these Provisions.

Article 13

The right to interpret these Provisions resides in the SAFE.

Article 14

These Provisions shall enter into force on March 1, 1989.



 
The State Administration of Foreign Exchange
1989-03-01

 






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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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