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1995

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF SUGGESTIONS SUBMITTED BY THE STATE TAXATION ADMINISTRATION CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF TAX REDUCTIONS AND EXEMPTIONS

Category  TAXATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-01-03 Effective Date  1989-01-03  


Circular of the General Office of the State Council Concerning the Approval and Transmission of Suggestions Submitted by the State
Taxation Administration Concerning the Appraisal, Rectification, and Strict Control of Tax Reductions and Exemptions


SUGGESTIONS CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF

(January 3, 1989)

    The report “Suggestions Concerning the Appraisal, Rectification, and
Strict Control of Tax Reductions and Exemptions” submitted by the State
Taxation Administration has been approved by the State Council, and is now
hereby transmitted for implementation. Please report the results of appraisal
and rectification to the State Council by the end of March, 1989.
SUGGESTIONS CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF
TAX REDUCTIONS OR EXEMPTIONS

    Last year, after the promulgation of “Decisions Concerning the Better
Enforcement of Taxation Laws and Discipline and the Improvement of Tax
Collection” by the State Council, each locality investigated and appraised
cases where excessive authority was used to grant tax reductions or exemptions
and rectified some of them. Definite positive effects have been achieved as a
result. However, because some localities have placed undue emphasis on partial
and local interests, this issue has not been thoroughly investigated and
rectified, and those cases that should be corrected remain uncorrected. Since
this year, some localities have been continuously exceeding their authority to
reduce or exempt taxes on new items. This has seriously affected the
macro-control of the national economy and the stable increase of fiscal
revenue. In conformity with the requirements of the State Council on the
prohibition of the downward spread of the power of tax collection and the
strict control of tax reductions and exemptions, the whole-hearted
rectification of reduced and exempted taxes, suggestions concerning the
appraisal, rectification, and strict control of tax reduction and exemption
are hereby put forward as follows:

    1. In order to strictly control the blind development of some special
kinds of consumer goods and goods in over-supply, no locality may reduce or
exempt product taxes or value-added taxes on tobacco, alcoholic beverages,
firecrackers, fireworks, clocks, watches, bicycles, sewing machines, electric
fans, refrigerators, motorcycles, washing machines, vacuum cleaners, air
conditioners, electronic keyboards, pianos, TV sets, tape recorders, cassette
players, video cassette recorders, electronic video games, pull-top cans,
canned beverages, aluminum doors or windows, architectural decorations,
kilowatt-hour meters, saccharin, adhesive clay bricks or tiles, cosmetics for
the skin and hair, and articles for use in a memorial ceremony, which are
produced or marketed in that locality, regardless of the ownership or type of
enterprise. No product tax, value-added tax, or income tax may be reduced or
exempted for small scale wool mills, cotton mills, silk mills, oil refineries,
lacquer factories, metal rolling factories, cigarette factories, or alcoholic
beverage factories.

    The reduction or exemption of taxes on all aforesaid items that have
already been approved shall be suspended and normal collection resumed as of
January 1, 1989. From now on, in order to meet the demands of state
macro-control, the State Taxation Administration is authorized, when
necessary, to list additional items that may not be subjected to tax
reductions or exemptions.

    2. For importing market-saturated goods, consumer goods for which market
prices have been freed, and state-restricted imports, product taxes and
value-added taxes on the importation of these goods may not be reduced or
exempted. For export products manufactured by enterprises, a complete tax
refund will be given at the time of export, and therefore no product tax or
value-added tax on the production of export products manufactured by
enterprises may be reduced or exempted.

    3. Appraisal and rectification of tax reductions or exemptions for various
companies. Taxes on comprehensive companies, banking companies and companies
in service industries should be collected according to stipulations and
regulations. No product tax, value-added tax, or business tax which should be
paid may be reduced or exempted, and such reductions or exemptions which have
been approved should be suspended immediately. In the event of true
difficulties in paying income taxes during the early stage of operation, the
period of the reduction of or exemption from income tax shall be less than one
year; reductions or exemptions from income tax that have already been approved
to exceed one year shall be enforced according to the above regulations.

    4. The unified preferential policy of tax reductions or exemptions for
township enterprises stipulated by the state shall continue to be implemented,
and within the limits of their respective authorities over tax administration,
all localities shall strictly control the reduction of or exemption from
product taxes, value-added taxes, and business taxes. Approvals of tax
reduction or exemption by any locality which exceeds its respective authority
shall cease immediately. After strict verification, a special consideration of
one year reduction of or exemption from income tax may be granted to a small
number of enterprises that have authentic difficulties in paying taxes in the
early stage of operation. Any alteration of income tax rates or any collection
at a reduced portion of the tax rate by any locality must be corrected and
normal collection resumed. The range of itemized expenditures before income
tax payment shall be implemented strictly in accordance with the provisions
uniformly stipulated by the state, and may not be extended without
authorization. The examination and approval of reductions or exemptions for
township enterprises should be handled strictly in accordance with the
stipulations by present administrative systems, and the power of examination
and approval may not be transferred to lower levels of authority. After the
period for tax reduction or exemption for enterprises comes to an end, no
enterprise may obtain further tax reductions or exemptions by changing factory
names, product names, or the trademarks thereof, nor through other fraudulent
means. The discovery of such acts shall be treated and prosecuted as tax
evasion.

    5. All localities and departments must strictly implement the uniform
national policies governing foreign-related taxation, and may not exceed their
respective authorities to determine preferential treatment on foreign-related
taxation. All unauthorized decisions on reduction of or exemption from taxes,
which are in violation of uniform national taxation laws and administrative
regulations promulgated by the State Council, are invalid and should be
publicly repealed and corrected.

    6. In order to make greater efforts to cut down the scale of
infrastructure construction, the macro-control role of the construction tax
should be fully brought into play, and a construction tax on construction
investments made outside the state plan shall be strictly imposed. No locality
or department may reduce or exempt taxes without authorization, with the
exception of those tax reductions or exemptions stipulated uniformly in
taxation laws and regulations.

    7. The tax authorities at various levels shall strengthen their
supervision and control on tax reductions or exemptions and rigorously enforce
procedures of examination and approval. In handling tax reductions or
exemptions, all tax authorities at various levels shall implement laws and
regulations impartially, and may not abuse their authority for selfish
benefits. With respect to those items of tax reduction or exemption of very
large amounts or widespread influence, the tax authorities shall carry out
specific investigations, examine them collectively, and report to higher
authorities level by level for approval. No individual may make decisions
regarding tax reductions or exemptions, and those who are in violation of this
stipulation shall be severely punished.

    8. The appraisal and rectification of tax reductions or exemptions is a
policy-oriented task. It involves the economic interests of all localities,
departments, and units. The local people’s governments at various levels shall
strengthen their leadership and make earnest appraisals and rectifications
from the perspective of the general public interest and macro-scopic demands.
We suggest one leader from each province, autonomous region, and municipality
directly under the Central Government be appointed to take charge of this task.





CITY PLANNING LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.23

The City Planning Law of the People’s Republic of China, adopted at the 11th Meeting of the Standing Committee of the Seventh National
People’s Congress on December 26, 1989, is promulgated now, and shall enter into force as of April 1, 1990.

President of the People’s Republic of China Yang ShangKun

December 26, 1989

City Planning Law of the People’s Republic of China ContentsChapter I General Provisions

Chapter II Formulation of the Plan for a City

Chapter III Development of New Urban Areas and Redevelopment of Existing Urban Areas

Chapter IV Implementation of City Planning

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic
and social development, and map out its plan and carry out its construction on a rational basis in order to meet the needs in socialist
modernization.

Article 2

This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out
within a planned urban area.

Article 3

The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established as
one of the administrative divisions of the state.

The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for
urban development and construction as one of the administrative divisions of a city. The scope of a planned urban area shall be determined
by the people’s government of a city, while compiling a comprehensive plan for the city.

Article 4

The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small
cities to an appropriate extent in the interest of a rational distribution of productive forces and of the population.

A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts.

A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner
suburban districts.

A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts.

Article 5

City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term
and long-term development.

The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction
in a planned urban area.

Article 6

The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural
environment, resources, historical conditions and present characteristics of the city. The plan shall be a comprehensive one which
gives balanced consideration to all factors.

The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national
economic and social development in accordance with the specified procedure for national capital construction, and shall be carried
out step by step in a planned way.

Article 7

The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive
planning for the use of land.

Article 8

The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to
raise the scientific and technical level of city planning.

Article 9

The competent department of city planning administration under the State Council shall be responsible for city planning throughout
the country.

The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible
for city planning in the administrative areas under their jurisdiction.

Article 10

All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring charges
against any action that runs counter to such a plan.

Chapter II Formulation of the Plan for a City

Article 11

The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government shall organize the compilation of hierarchical urban plan for the
whole nation and for the provinces, the autonomous regions and the municipalities directly under the Central Government respectively
in order to provide guidance for the compilation of the plans for the cities.

Article 12

The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation
of the plan for a town which is the seat of the people’s government of a county shall be taken care of by the same people’s government.

Article 13

In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast
of the needs arising from its long-term development. The size of the city, the standards, norms and criteria for the various items
of development, and the development procedure shall conform with the national and local levels of economic and technological development.

Article 14

In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment,
the prevention of pollution and other public hazards, the development of greenery and afforestation, the improvement of the appearance
and environmental sanitation of urban areas, the preservation of historic and cultural sites, the traditional cityscape, the local
characteristics and the natural landscape.

In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions
and local characteristics.

Article 15

In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting
commodity circulation, enriching the economy and promoting advances in science, technology, culture and education shall be adhered
to.

City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes,
the prevention of floods and of mud-rock flows, public security, traffic control and civil air defence construction. In areas where
strong earthquakes and serious floods are likely to occur, measures for earthquake mitigation and flood prevention must be specified
in the plan for a city.

Article 16

In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed.

Article 17

For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made
available.

Article 18

The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large and
medium-sized cities, district planning may be conducted on the basis of comprehensive planning in order to further control and define
the use of land and determine the scope and capacity of each plot and to coordinate the construction of various items of infrastructure
and public facilities.

Article 19

The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected
size, the standards, norms and criteria for its main building structures, the distribution of land used for various construction
purposes, the functions of different zones, the overall arrangement for construction, the comprehensive urban transportation system,
the system of water spaces and green spaces, the plan for specialized sectors and the plan for immediate construction.

The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include
a hierarchical urban plan for the administrative divisions of the city or county.

Article 20

The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include
a concrete plan for the various construction projects to be undertaken in the immediate development area of the city.

The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and
provide the control indexes for building density and building height, the general layout, the comprehensive plan for utilities engineering
and the plan for site engineering.

Article 21

Plans for cities shall be examined and approved at different levels.

The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people’s government of the
municipality to the State Council for examination and approval.

The comprehensive plan for a city which is the seat of the people’s government of a province or of an autonomous region, or for a
city which has a population of 1,000,000 or more, or for a city otherwise designated by the State Council shall first be examined
and approved by the people’s government of the province or the autonomous region and then submitted to the State Council for examination
and approval.

The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than
those defined in Paragraphs 2 and 3 of this Article shall be submitted to the people’s government of the province, the autonomous
region or the municipality directly under the Central Government for examination and approval. The comprehensive plan for a town
which is the seat of the people’s government of a county administered by a municipality shall be submitted to the relevant municipal
people’s government for examination and approval.

The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted
to the people’s government of the relevant county for examination and approval.

The people’s government of a city or of a county must submit the comprehensive plan for a city to the people’s congress at the corresponding
level or its standing committee for examination and approval before submitting it to the people’s government at a higher level for
examination and approval.

The plan for a district of a city shall be examined and approved by the people’s government of the city.

The detailed plan for a city shall be examined and approved by the people ‘s government of the city. The detailed plan for a city
which has a district plan shall be submitted to the competent department of city planning administration of the people’s government
of the city for examination and approval, with the exception of important detailed plans which shall be submitted to the people’s
government of the city for examination and approval.

Article 22

The people’s government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising
from the city’s economic and social development, and the comprehensive plan thus readjusted shall be submitted to the standing committee
of the people’s congress at the corresponding level and to the authority which originally approved the plan for the record. Major
readjustments which involve the designated function of the city, its size, the orientation of its development or its overall layout
shall be examined and approved by the people’s congress at the corresponding level or its standing committee before they are submitted
to the authority which originally approved the plan for examination and approval.

Chapter III Development of New Urban Areas and Redevelopment of Existing Urban Areas

Article 23

In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational
layout, consideration of local conditions, comprehensive development and the coordinated construction of support facilities must
be adhered to. The selection and determination of sites for construction projects may not hinder the development of a city, endanger
its safety, cause pollution or a deterioration of its environment or affect the coordination of its various functions.

Article 24

The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military
establishments shall be built away from the urban districts.

In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city’s water front,
and the availability of a section of the water front for activities other than production shall be guaranteed.

Article 25

The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water
and energy resources, transportation facilities and means of preventing disasters. Mineral reserves and underground cultural relics
and historical sites shall be avoided.

Article 26

In the development of new urban areas, rational use shall be made of the existing facilities of a city.

Article 27

In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout
and gradual improvement shall be adhered to. Redevelopment shall be carried out by stages on a unified plan. The residential and
transportation conditions in the existing urban areas shall be improved step by step, and special attention shall be given to the
construction of the infrastructure and public facilities so as to enhance the multiple functions of the city.

Chapter IV Implementation of City Planning

Article 28

The plan for a city shall be announced by the people’s government of the city after it is approved.

Article 29

The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected
to planning administration.

Article 30

The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme
submitted for approval must be accompanied by the statement of opinion on the location issued by the competent department of city
planning administration.

Article 31

When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction
must produce documents stating the approval of the project by the relevant government authorities and apply to the competent department
of city planning administration for the determination of a location for the construction project. The competent department of city
planning administration shall determine the site and its boundary, provide the facilities for planning and designing, and issue a
permit for the planned use of land for construction. Only after acquiring the permit for the planned use of land for construction,
may the unit or individual undertaking construction apply for the use of land to the land administration department of the local
people’s government at or above the county level. After the application is examined and approved by the people’s government at or
above the county level, land shall be allocated by the department of land administration.

Article 32

For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its alteration
within a planned urban area, application shall be submitted to the competent department of the city planning administration together
with the related documents of approval. The competent department of city planning administration shall issue a permit for a planned
construction project according to the planning and design requirements defined in the plan for the city. The unit or individual undertaking
construction may not apply for the performance of the procedure for the beginning of construction until after acquiring the permit
for a planned construction project.

Article 33

A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures
for the planning and administration of temporary structures and land for temporary use shall be formulated by the people’s governments
of the provinces, autonomous regions and municipalities directly under the Central Government.

The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use.

Article 34

All units and individuals must obey the decisions on readjustments in the use of land made by the people’s government of a city according
to the plan for the city.

Article 35

No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply corridor,
or by cutting into the space for underground pipelines and cables.

Article 36

The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities.
No such activity may cause damage to the urban environment or produce a negative effect on city planning.

Article 37

The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban
area to see if they conform to the requirements of the plan for a city. The party subject to inspection shall state the actual situation
and provide the necessary data. The party conducting inspection shall be obliged to keep technical and business secrets for the party
subject to inspection.

Article 38

The competent department of city planning administration may participate in the checking and acceptance of important development projects
within a planned urban area. The construction unit shall submit to the competent department of city planning administration documents
related to the completion of a development project within a planned urban area within six months of the checking and acceptance of
the project.

Chapter V Legal Liability

Article 39

If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for
construction but without the acquisition of a permit for the planned use of land for construction, such documents of approval shall
be declared invalid, and the land occupied shall be returned by order of a people’s government at or above the county level.

Article 40

Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with
the requirements stated in the permit and which seriously affects city planning shall, by order of the competent department of city
planning administration of the local people’s government at or above the county level, be suspended, removed within a prescribed
period of time or be punishable by the confiscation of illegal buildings, structures or facilities; construction which affects city
planning but can still be remedied shall, by order of the competent department of city planning administration of the local people’s
government at or above the county level, be corrected within a prescribed period of time and be concurrently punishable by a fine.

Article 41

A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements
in the permit may be given administrative sanction by the organization where he works or by the competent authority at a higher level.

Article 42

A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision,
apply for reconsideration to the department next higher to the authorities that decided on the sanction; if the party refuses to
accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration decision, bring a suit before a people’s
court. A party may also bring a suit directly before a people’s court within 15 days of receiving the notification on the sanction.
If, upon the expiration of this period, the party has not applied for reconsideration or has neither brought a suit before a people’s
court nor complied with the sanction, the authorities that decided on the sanction may apply to the people’s court for compulsory
enforcement.

Article 43

Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices
for personal gains shall be given administrative sanction by the unit to which he belongs or by the competent higher authorities;
if his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 44

This Law may be referred to for a residents’ community in an industrial or mining district without the administrative status of a
town.

Article 45

Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning administration
under the State Council, and shall be implemented after they are submitted to and approved by the State Council.

Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people’s congresses
of the provinces, autonomous regions and municipalities directly under the Central Government.

Article 46

This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated
therefrom.



 
The Standing Committee of the National People’s Congress
1989-12-26

 






ADMINISTRATIVE PROCEDURE LAW

Category  LITIGATION Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1989-04-04 Effective Date  1990-10-01  


Administrative Procedure Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Scope of Accepting Cases
Chapter III  Jurisdiction
Chapter IV  Participants in Proceedings
Chapter V  Evidence
Chapter Vl  Bringing a Suit and Accepting a Case
Chapter VII  Trial and Judgment
Chapter VII  Execution
Chapter IX  Liability for Compensation for Infringement of Rights
Chapter X  Administrative Procedure Involving Foreign Interests
Chapter XI  Supplementary Provisions

(Adopted at the Second Session of the Seventh National People’s Congress

on April 4, 1989, promulgated by Order No. 16 of the President of the People’s
Republic of China on April 4, 1989, and effective as of October 1, 1990)
Contents

    Chapter I    General Provisions

    Chapter II   Scope of Accepting Cases

    Chapter III  Jurisdiction

    Chapter IV   Participants in Proceedings

    Chapter V    Evidence

    Chapter VI   Bringing a Suit and Accepting a Case

    Chapter VII  Trial and Judgment

    Chapter VIII Execution

    Chapter IX   Liability for Compensation for Infringement of Rights

    Chapter X    Administrative Procedure Involving Foreign Interest

    Chapter XI   Supplementary Provisions
Chapter I  General Provisions

    Article 1  Pursuant to the Constitution, this Law is enacted for the
purpose of ensuring the correct and prompt handling of administrative cases
by the people’s courts, protecting the lawful rights and interests of
citizens, legal persons and other organizations, and safeguarding and
supervising the exercise of administrative powers by administrative organs in
accordance with the law.

    Article 2  If a citizen, a legal person or any other organization
considers that his or its lawful rights and interests have been infringed upon
by a specific administrative act of an administrative organ or its personnel,
he or it shall have the right to bring a suit before a people’s court in
accordance with this Law.

    Article 3  The people’s courts shall, in accordance with the law, exercise
judicial power independently with respect to administrative cases, and shall
not be subject to interference by any administrative organ, public
organization or individual.

    The people’s courts shall set up administrative divisions for the handling
of administrative cases.

    Article 4  In conducting administrative proceedings, the people’s courts
shall base themselves on facts and take the law as the criterion.

    Article 5  In handling administrative cases, the people’s courts shall
examine the legality of specific administrative acts.

    Article 6  In handling administrative cases, the people’s courts shall, as
prescribed by law, apply the systems of collegial panel, withdrawal of
judicial personnel and public trial and a system whereby the second instance
is the final instance.

    Article 7  Parties to an administrative suit shall have equal legal
positions.

    Article 8  Citizens of all nationalities shall have the right to use their
native spoken and written languages in administrative proceedings.

    In an area where people of a minority nationality live in concentrated
communities or where a number of nationalities live together, the people’s
courts shall conduct adjudication and issue legal documents in the language or
languages commonly used by the local nationalities.

    The people’s courts shall provide interpretation for participants in
proceedings who do not understand the language or languages commonly used by
the local nationalities.

    Article 9  Parties to an administrative suit shall have the right to
debate.

    Article 10  The people’s procuratorates shall have the right to exercise
legal supervision over administrative proceedings.
Chapter II  Scope of Accepting Cases

    Article 11  The people’s courts shall accept suits brought by citizens,
legal persons or other organizations against any of the following specific
administrative acts:

    (1) an administrative sanction, such as detention, fine, rescission of a
license or permit, order to suspend production or business or confiscation of
property, which one refuses to accept;

    (2) a compulsory administrative measure, such as restricting freedom of
the person or the sealing up, seizing or freezing of property, which one
refuses to accept;

    (3) infringement upon one’s managerial decision-making powers, which is
considered to have been perpetrated by an administrative organ;

    (4) refusal by an administrative organ to issue a permit or license, which
one considers oneself legally qualified to apply for, or its failure to
respond to the application;

    (5) refusal by an administrative organ to perform its statutory duty of
protecting one’s rights of the person and of property, as one has applied for,
or its failure to respond to the application;

    (6) cases where an administrative organ is considered to have failed to
issue a pension according to law;

    (7) cases where an administrative organ is considered to have illegally
demanded the performance of duties; and

    (8) cases where an administrative organ is considered to have infringed
upon other rights of the person and of property.

    Apart from the provisions set forth in the preceding paragraphs, the
people’s courts shall accept other administrative suits which may be brought
in accordance with the provisions of relevant laws and regulations.

    Article 12  The people’s courts shall not accept suits brought by
citizens, legal persons or other organizations against any of the following
matters:

    (1) acts of the state in areas like national defence and foreign affairs;

    (2) administrative rules and regulations, regulations, or decisions and
orders with general binding force formulated and announced by administrative
organs;

    (3) decisions of an administrative organ on awards or punishments for its
personnel or on the appointment or relief of duties of its personnel; and

    (4) specific administrative acts that shall, as provided for by law, be
finally decided by an administrative organ.
Chapter III  Jurisdiction

    Article 13  The basic people’s courts shall have jurisdiction as courts of
first instance over administrative cases.

    Article 14  The intermediate people’s courts shall have jurisdiction as
courts of first instance over the following administrative cases:

    (1) cases of confirming patent rights of invention and cases handled by
the Customs;

    (2) suits against specific administrative acts undertaken by departments
under the State Council or by the people’s governments of provinces,
autonomous regions or municipalities directly under the Central Government;
and

    (3) grave and complicated cases in areas under their jurisdiction.

    Article 15  The higher people’s courts shall have jurisdiction as courts
of first instance over grave and complicated administrative cases in areas
under their jurisdiction.

    Article 16  The Supreme People’s Court shall have jurisdiction as a court
of first instance over grave and complicated administrative cases in the whole
country.

    Article 17  An administrative case shall be under the jurisdiction of the
people’s court in the locality of the administrative organ that initially
undertook the specific administrative act. A reconsidered case in which the
organ conducting the reconsideration has amended the original specific
administrative act may also be placed under the jurisdiction of the people’s
court in the locality of the administrative organ conducting the
reconsideration.

    Article 18  A suit against compulsory administrative measures restricting
freedom of the person shall be under the jurisdiction of a people’s court in
the place where the defendant or the plaintiff is located.

    Article 19  An administrative suit regarding a real property shall be
under the jurisdiction of the people’s court in the place where the real
property is located.

    Article 20  When two or more people’s courts have jurisdiction over a
suit, the plaintiff may have the option to bring the suit in one of these
people’s courts. If the plaintiff brings the suit in two or more people’s
courts that have jurisdiction over the suit, the people’s court that first
receives the bill of complaint shall have jurisdiction.

    Article 21  If a people’s court finds that a case it has accepted is not
under its jurisdiction, it shall transfer the case to the people’s court that
does have jurisdiction over the case. The people’s court to which the case has
been transferred shall not on its own initiative transfer it to another
people’s court.

    Article 22  If a people’s court which has jurisdiction over a case is
unable to exercise its jurisdiction for special reasons, a people’s court at a
higher level shall designate another court to exercise the jurisdiction.

    If a dispute arises over jurisdiction between people’s courts, it shall be
resolved by the parties to the dispute through consultation. If the dispute
cannot be resolved through consultation, it shall be reported to a people’s
court superior to the courts in dispute for the designation of jurisdiction.

    Article 23  People’s courts at higher levels shall have the authority to
adjudicate administrative cases over which people’s courts at lower levels
have jurisdiction as courts of first instance; they may also transfer
administrative cases over which they themselves have jurisdiction as courts of
first instance to people’s courts at lower levels for trial.

    If a people’s court deems it necessary for an administrative case of first
instance under its jurisdiction to be adjudicated by a people’s court at a
higher level, it may report to such a people’s court for decision.
Chapter IV  Participants in Proceedings

    Article 24  A citizen, a legal person or any other organization that
brings a suit in accordance with this Law shall be a plaintiff.

    If a citizen who has the right to bring a suit is deceased, his near
relatives may bring the suit.

    If a legal person or any other organization that has the right to bring a
suit terminates, the legal person or any other organization that succeeds to
its rights may bring the suit.

    Article 25  If a citizen, a legal person or any other organization, brings
a suit directly before a people’s court, the administrative organ that
undertook the specific administrative act shall be the defendant.

    For a reconsidered case, if the organ that conducted the reconsideration
sustains the original specific administrative act, the administrative organ
that initially undertook the act shall be the defendant; if the organ that
conducted the reconsideration has amended the original specific administrative
act, the administrative organ which conducted the reconsideration shall be the
defendant.

    If two or more administrative organs have undertaken the same specific
administrative act, the administrative organs that have jointly undertaken the
act shall be the joint defendants.

    If a specific administrative act has been undertaken by an organization
authorized to undertake the act by the law or regulations, the organization
shall be the defendant.

    If a specific administrative act has been undertaken by an organization as
entrusted by an administrative organ, the entrusting organ shall be the
defendant.

    If an administrative organ has been abolished, the administrative organ
that carries on the exercise of functions and powers of the abolished organ
shall be the defendant.

    Article 26  A joint suit shall be constituted when one party or both
parties consist of two or more persons and the administrative cases are
against the same specific administrative act or against the specific
administrative acts of the same nature and the people’s court considers that
the cases can be handled together.

    Article 27  If any other citizen, legal person or any other organization
has interests in a specific administrative act under litigation, he or it may,
as a third party, file a request to participate in the proceedings or may
participate in them when so notified by the people’s court.

    Article 28  Any citizen with no capacity to take part in litigation shall
have one or more legal representatives who will act on his behalf in a suit.
If the legal representatives try to shift their responsibilities onto each
other, the people’s court may appoint one of them as the representative of the
principal in litigation.

    Article 29  Each party or legal representative may entrust one or two
persons to represent him in litigation.

    A lawyer, a public organization, a near relative of the citizen bringing
the suit, or a person recommended by the unit to which the citizen bringing
the suit belongs or any other citizen approved by the people’s court may be
entrusted as an agent ad litem.

    Article 30  A lawyer who serves as an agent ad litem may consult materials
pertaining to the case in accordance with relevant provisions, and may also
investigate among and collect evidence from the organizations and citizens
concerned. If the information involves state secrets or the private affairs of
individuals, he shall keep it confidential in accordance with relevant
provisions of the law.

    With the approval of the people’s court, parties and other agents ad litem
may consult the materials relating to the court proceedings of the case,
except those that involve state secrets or the private affairs of individuals.
Chapter V  Evidence

    Article 31  Evidence shall be classified as follows:

    (1) documentary evidence;

    (2) material evidence;

    (3) audio-visual material;

    (4) testimony of witnesses;

    (5) statements of the parties;

    (6) expert conclusions; and

    (7) records of inquests and records made on the scene.

    Any of the above-mentioned evidence must be verified by the court before
it can be taken as a basis for ascertaining a fact.

    Article 32  The defendant shall have the burden of proof for the specific
administrative act he has undertaken and shall provide the evidence and
regulatory documents in accordance with which the act has been undertaken.

    Article 33  In the course of legal proceedings, the defendant shall not by
himself collect evidence from the plaintiff and witnesses.

    Article 34  A people’s court shall have the authority to request the
parties to provide or supplement evidence.

    A people’s court shall have the authority to obtain evidence from the
relevant administrative organs, other organizations or citizens.

    Article 35  In the course of legal proceedings, when a people’s court
considers that an expert evaluation for a specialized problem is necessary,
the expert evaluation shall be made by an expert evaluation department as
specified by law. In the absence of such a department, the people’s court
shall designate one to conduct the expert evaluation.

    Article 36  Under circumstances where there is a likelihood that evidence
may be destroyed or lost or difficult to obtain later on, the participants
in proceedings may apply to the people’s court for the evidence to be
preserved. The people’s court may also on its own initiative take measures to
preserve such evidence.
Chapter Vl  Bringing a Suit and Accepting a Case

    Article 37  A citizen, a legal person or any other organization may,
within the scope of cases acceptable to the people’s courts, apply to an
administrative organ at the next higher level or to an administrative organ as
prescribed by the law or regulations for reconsideration, anyone who refuses
to accept the reconsideration decision may bring a suit before a people’s
court; a citizen, a legal person or any other organization may also bring a
suit directly before a people’s court.

    In circumstances where, in accordance with relevant provisions of laws or
regulations, a citizen, a legal person or any other organization shall first
apply to an administrative organ for reconsideration and then bring a suit
before a people’s court, if he or it refuses to accept the reconsideration
decision, the provisions of the laws or regulations shall apply.

    Article 38  If a citizen, a legal person or any other organization applies
to an administrative organ for reconsideration, the organ shall make a
decision within two months from the day of the receipt of the application,
except as otherwise provided for by law or regulations. Anyone who refuses to
accept the reconsideration decision may bring a suit before a people’s court
within 15 days from the day of the receipt of the reconsideration decision.

    If the administrative organ conducting the reconsideration fails to make a
decision on the expiration of the time limit, the applicant may bring a suit
before a people’s court within 15 days after the time limit for
reconsideration expires, except as otherwise provided for by law.

    Article 39  If a citizen, a legal person or any other organization brings
a suit directly before a people’s court, he or it shall do so within three
months from the day when he or it knows that a specific administrative act has
been undertaken, except as otherwise provided for by law.

    Article 40  If a citizen, a legal person or any other organization fails
to observe the time limit prescribed by law due to force majeure or other
special reasons, he or it may apply for an extention of the time limit within
ten days after the obstacle is removed; the requested extention shall be
decided by a people’s court.

    Article 41  The following requirements shall be met when a suit is brought:

    (1) the plaintiff must be a citizen, a legal person or any other
organization that considers a specific administrative act to have infringed
upon his or its lawful rights and interests;

    (2) there must be a specific defendant or defendants;

    (3) there must be a specific claim and a corresponding factual basis for
the suit; and

    (4) the suit must fall within the scope of cases acceptable to the
people’s courts and the specific jurisdiction of the people’s court where it
is filed.

    Article 42  When a people’s court receives a bill of complaint, it shall,
upon examination, file a case within seven days or decide to reject the
complaint. If the plaintiff refuses to accept the decision, he may appeal to a
people’s court.
Chapter VII  Trial and Judgment

    Article 43  A people’s court shall send a copy of the bill of complaint to
the defendant within five days of filing the case. The defendant shall provide
the people’s court with the documents on the basis of which a specific
administrative act has been undertaken and file a bill of defence within ten
days of receiving the copy of the bill of complaint. The people’s court shall
send a copy of the bill of defence to the plaintiff within five days of
receiving it.

    Failure by the defendant to file a bill of defence shall not prevent the
case from being tried by the people’s court.

    Article 44  During the time of legal proceedings, execution of the
specific administrative act shall not be suspended. Execution of the specific
administrative act shall be suspended under one of the following circumstances:

    (1) where suspension is deemed necessary by the defendant;

    (2) where suspension of execution is ordered by the people’s court at the
request of the plaintiff because, in the view of the people’s court, execution
of the specific administrative act will cause irremediable losses and
suspension of the execution will not harm public interests; or

    (3) where suspension of execution is required by the provisions of laws or
regulations.

    Article 45  Administrative cases in the people’s courts shall be tried in
public, except for those that involve state secrets or the private affairs of
individuals or are otherwise provided for by law.

    Article 46  Administrative cases in the people’s courts shall be tried by
a collegial panel of judges or of judges and assessors. The number of members
of a collegial panel shall be an odd number of three or more.

    Article 47  If a party considers a member of the judicial personnel to
have an interest in the case or to be otherwise related to it, which may
affect the impartial handling of thc case, the party shall have the right to
demand his withdrawal.

    If a member of the judicial personnel considers himself to have an
interest in the case or to be otherwise related to it, he shall apply for
withdrawal.

    The provisions of the two preceding paragraphs shall apply to court
clerks, interpreters, expert witnesses and persons who conduct inquests.

    The withdrawal of the president of the court as the chief judge shall be
decided by the court’s adjudication committee; the withdrawal of a member of
the judicial personnel shall be decided by the president of the court; the
withdrawal of other personnel shall be decided by the chief judge. Parties who
refuse to accept the decision may apply for reconsideration.

    Article 48  If the plaintiff refuses to appear in court without justified
reasons after being twice legally summoned by the people’s court, the court
shall consider this an application for the withdrawal of the suit; if the
defendant refuses to appear in court without justified reasons, the court may
make a judgment by default.

    Article 49  If a participant in the proceedings or any other person
commits any of the following acts, the people’s court may, according to the
seriousness of his offence, reprimand him, order him to sign a statement of
repentance or impose upon him a fine of not more than 1,000 yuan or detain him
for not longer than 15 days; if a crime is constituted, his criminal
responsibility shall be investigated:

    (1) evading without reason, refusing to assist in or obstructing the
execution of the notice of a people’s court for assistance in its execution by
person who has the duty to render assistance;

    (2) forging, concealing or destroying evidence;

    (3) instigating, suborning or threatening others to commit perjury or
hindering witnesses from giving testimony;

    (4) concealing, transferring, selling or destroying the property that has
been sealed up, seized or frozen;

    (5) using violence, threats or other means to hinder the personnel of a
people’s court from performing their duties or disturbing the order of the
work of a people’s court; or

    (6) insulting, slandering, framing, beating or retaliating against the
personnel of a people’s court, participants in proceedings or personnel who
assist in the execution of duties;

    A fine or detention must be approved by the president of a people’s court.
Parties who refuse to accept the punishment decision may apply for
reconsideration.

    Article 50  A people’s court shall not apply conciliation in handling an
administrative case.

    Article 51  Before a people’s court announces its judgment or order on an
administrative case, if the plaintiff applies for the withdrawal of the suit,
or if the defendant amends its specific administrative act and, as a result,
the plaintiff agrees and applies for the withdrawal of the suit, the people’s
court shall decide whether or not to grant the approval.

    Article 52  In handling administrative cases, the people’s courts shall
take the law, administrative rules and regulations and local regulations as
the criteria. Local regulations shall be applicable to administrative cases
within the corresponding administrative areas.

    In handling administrative cases of a national autonomous area, the
people’s courts shall also take the regulations on autonomy and separate
regulations of the national autonomous area as the criteria.

    Article 53  In handling administrative cases, the people’s courts shall
take, as references, regulations formulated and announced by ministries or
commissions under the State Council in accordance with the law and
administrative rules and regulations, decisions or orders of the State Council
and regulations formulated and announced, in accordance with the law and
administrative rules and regulations of the State Council, by the people’s
governments of provinces, autonomous regions and municipalities directly under
the Central Government, of the cities where the people’s governments of
provinces and autonomous regions are located, and of the larger cities
approved as such by the State Council.

    If a people’s court considers regulations formulated and announced by a
local people’s government to be inconsistent with regulations formulated and
announced by a ministry or commission under the State Council, or if it
considers regulations formulated and announced by ministries or commissions
under the State Council to be inconsistent with each other, the Supreme
People’s Court shall refer the matter to the State Council for interpretation
or ruling.

    Article 54  After hearing a case, a people’s court shall make the
following judgments according to the varying conditions:

    (1) If the evidence for undertaking a specific administrative act is
conclusive, the application of the law and regulations to the act is correct,
and the legal procedure is complied with, the specific administrative act
shall be sustained by judgment.

    (2) If a specific administrative act has been undertaken in one of the
following circumstances, the act shall be annulled or partially annulled by
judgment, or the defendant may be required by judgment to undertake a specific
administrative act anew:

    a. inadequacy of essential evidence;

    b. erroneous application of the law or regulations;

    c. violation of legal procedure;

    d. exceeding authority; or

    e. abuse of powers.

    (3) If a defendant fails to perform or delays the performance of his
statutory duty, a fixed time shall be set by judgment for his performance of <

PROVISIONS GOVERNING THE FOREIGN EXCHANGE OF CHINESE INVESTORS IN CHINESE-FOREIGN EQUITY JOINT VENTURES AND CONTRACTUAL JOINT VENTURES

The State Administration of Foreign Exchange

Provisions Governing the Foreign Exchange of Chinese Investors in Chinese-foreign Equity Joint Ventures and Contractual Joint Ventures

the State Administration of Foreign Exchange

January 7, 1989

The following Provisions are enacted to strengthen control over the foreign exchange of Chinese investors in Chinese-foreign equity
joint ventures and contractual joint ventures (hereinafter referred to as joint ventures), ensure the healthy development of these
ventures, and protect the interests of the State.

Article 1

The Chinese investor in a joint venture may, starting from the day the joint venture obtains its business licence, retain all the
foreign exchange it earns in the first five-year, and 50% of it after the five-year period.

Article 2

When Chinese employees of a joint venture go abroad on duty together with foreign employees out of the need of business, the expenses
abroad of the Chinese employees may be reimbursed for what they have actually spent according to the standards set by the joint venture.

Article 3

When Chinese employees of a joint venture go abroad on duty alone, their expenses may be computed according to the standards set by
the joint venture, while the actual sum to be spent shall be computed with reference to the standards set by the state for those
going abroad on public duties.

Article 4

The surplus foreign exchange resulting from the difference between the sum received according to the standards of joint venture and
that spent abroad by Chinese employees according to the State standards may be settled with the bank as foreign exchange receipts
of the Chinese investor in the joint venture, which may retain a portion of it by presenting the exchange memos to and completing
the formalities with the exchange control authorities.

Article 5

The Chinese investor of a joint venture shall settle with the bank the foreign exchange it has received as wages of the Chinese employees,
and the foreign exchange for its services, from industrial property, as dividends etc. and may retain a portion of the foreign exchange
by presenting the exchange memos to and completing the formalities with the exchange control authorities.

Article 6

Unless approved by the exchange control authorities, the Chinese investor of a joint venture may be punished by the said authorities
for any of the following actions, on the merit of each case and in accordance with the “Rules for the Implementation of Penalty on
Offenses Against Exchange Control”:

(1)

depositing those foreign exchange receipts that are required by State regulations to be settled with the bank in the foreign exchange
accounts of the joint venture, instead of settling these receipts with the State bank;

(2)

using such foreign exchange to import commodities or defray other expenses through the bank accounts of the joint venture; or

(3)

depositing such foreign exchange abroad.

Article 7

The right to interpret these provisions resides in the State Administration of Exchange Control.

Article 8

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



 
The State Administration of Foreign Exchange
1989-01-07

 






RULES OF PROCEDURE FOR THE NATIONAL PEOPLE’S CONGRESS OF THE PEOPLE’S REPUBLIC OF CHINA

Rules of Procedure for the National People’s Congress of the People’s Republic of China






(Adopted at the Second Session of the Seventh National People’s Congress on April 4, 1989 and promulgated by Order
No.17 of the President of the People’s Republic of China on April 4, 1989) 

Contents 

Chapter I   Holding of Meetings  

Chapter II  Submission of and Deliberation on Bills and Proposals  

Chapter III Deliberation of Work Reports and Examination of State Plans and Budget       

Chapter IV  Election, Recall, Appointment, Removal from Office, and Resignation of Members of State Organs 

Chapter V   Inquiries and the Addressing of Questions  

Chapter VI  Investigation Committees 

Chapter VII Speaking and Voting  

Article 1  These Rules are formulated in accordance with the Constitution, the Organic Law of the National People’s Congress
and the practical experience of the National People’s Congress. 

Chapter I 

Holding of Meetings 

Article 2  The National People’s Congress shall meet in session in the first quarter of each year. When the Standing Committee
of the National People’s Congress deems it necessary, or upon a proposal by at least one fifth of the number of deputies to the National
People’s Congress, an interim session of the National People’s Congress may be convened. 

Article 3  Sessions of the National People’s Congress shall be convened by the Standing Committee of the National People’s Congress.
The first session of each National People’s Congress shall be convened by the Standing Committee of the previous National People’s
Congress within two months of the election of deputies to the current National People’s Congress.  

Article 4  Sessions of the National People’s Congress shall be held only when two thirds or more of the number of deputies are
present. 

Article 5  The Standing Committee of the National People’s Congress shall, before a session of the National People’s Congress
is held, conduct the following preparatory work for the session: 

(1) to submit a draft  agenda for the session; 

(2) to submit a draft namelist of the Presidium and the Secretary-General; 

(3) to decide on the namelist of non-voting participants; and  

(4) to make other preparations for the session. 

Article 6   A month before the holding of a session of the National People’s Congress, its Standing Committee shall notify
the  deputies of the date of the session  and of the main items on the proposed agenda and shall distribute to the deputies
the draft laws to be submitted to the session for deliberation. 

The provisions of the preceding paragraph shall not apply to an interim session of the National People’s Congress.  

Article 7  Before a session of the National People’s Congress is held, deputies shall be grouped into delegations based on the
units that elected them. The head and deputy-heads of a delegation shall be elected at a general meeting of the delegation. The head
of a delegation shall call and preside over the general meetings of the delegation. The deputy-heads shall assist in the work of
the head of the delegation.  

Each delegation may be subdivided into groups of deputies. The convener of a group shall be elected at a group meeting of deputies. 

Article 8  Before a session of the National People’s Congress is held, a preparatory meeting shall be convened to elect the
Presidium and the Secretary-General, adopt the agenda for the session and make decisions  on other preparations for the session. 

The preparatory meeting shall be presided over  by the Standing Committee of the National People’s Congress. The preparatory
meeting of the first session of each National People’s Congress shall be conducted by the Standing Committee of the previous National
People’s Congress.  

All delegations shall deliberate and give their opinions on the draft namelist of the Presidium and the Secretary- General, the draft
agenda and other matters  preparatory to the session submitted by the Standing Committee of  the National People’s Congress.
 

The Council of Chairmen of the Standing Committee of the National People’s Congress may, based on the opinions expressed by the various
delegations, put forward proposals on adjustments in the draft name list of the Presidium and the Secretary-General, the draft agenda
for the session and other matters  preparatory to the session and refer them to the preparatory meeting for deliberation. 

Article 9  The Presidium shall preside over the  sessions of the National People’s Congress. 

The Presidium shall adopt its decisions by a simple majority vote of all its members. 

Article 10  The first meeting of the Presidium shall elect a  number of standing chairmen of the Presidium, elect members
of  

the Presidium to be the executive chairmen of each plenary meeting of the session and decide on the following matters: 

(1)  choice of the Deputy Secretaries-General; 

(2)  schedule of the session; 

(3)  procedure for voting on the bills and proposals; 

(4)  deadline for the submission of bills and proposals by deputies; and 

(5)  other matters requiring decision by the first meeting of the Presidium. 

Article 11 The standing chairmen of the Presidium shall convene and preside over meetings of the Presidium. The first meeting of
the Presidium shall be convened by the Chairman of the Standing Committee of the National People’s Congress. 

The standing chairmen of the Presidium may put forward suggestions to the Presidium regarding matters that fall within the scope
of functions and powers of the Presidium, and may also make necessary adjustments in the schedule of the session. 

Article 12  Bills or  proposals and the relevant reports which are to be deliberated by the delegations shall be deliberated
at the general meetings and group meetings of the delegations.  

Bills, proposals for addressing questions and proposals for  removal from office that are  to be submitted in the name
of a delegation shall be adopted by a simple majority vote of all the members of the delegation. 

Article 13  The  standing chairmen of the Presidium may  convene meetings of heads of delegations to hear and discuss
the deliberation reports of various delegations on  major issues concerning bills or proposals and the relevant reports. and
report the discussions and  comments to the Presidium. 

The standing chairmen of the Presidium may conduct discussions of important specialized problems by calling together  relevant 
deputies elected by various delegations; leaders of relevant departments under the State Council shall attend the meeting, report
the related circumstances and answer questions. The standing chairmen of the Presidium shall report the discussions and comments
to the Presidium. 

Article 14  The  Presidium may convene a plenary meeting of the session, at which speeches shall be made and  opinions
expressed  on a bill or  proposal or a relevant report. 

Article 15   For each session, the National People’s Congress shall set up a Secretariat which shall be composed of a Secretary-General
and Deputy Secretaries-General. 

The Secretariat shall, under the direction of the Secretary-General, handle matters assigned by the Presidium and the day-to-day
affairs of the session. The Deputy Secretaries-General shall assist the Secretary-General in his work. 

Article 16  When the National People’s Congress is in session, its deputies shall attend the meetings; those who are not able
to attend the meeting on account of illnesses or for other reasons must ask for leave. 

Article 17  Members of the State Council, members of the Central Military Commission, the  President of the Supreme People’s
Court and the Procurator-General of the Supreme People’s Procuratorate may attend meetings of the National People’s Congress 
without voting rights. By decision of the Standing Committee of the National People’s Congress, leaders of other state organs and
public organizations concerned may attend meetings of the National People’s Congress without voting rights. 

Article 18  Sessions of the National People’s Congress shall be held in public. 

During a session of the National People’s Congress, speeches by deputies at the various meetings shall be printed in bulletins for
distribution at the session; the minutes or summaries of the speeches may, upon the request of the speakers, be printed for distribution
at the session as well. 

Visitors’ seats shall be provided at the plenary meetings of a session. Measures for visiting the meeting shall be stipulated separately. 

News briefings and press conferences shall be held for a session of the National People’s Congress. 

Article 19  When necessary, the National People’s Congress may hold a closed session. The holding of a closed session shall,
after the Presidium has solicited opinions from the various delegations, be decided by the meeting of the Presidium with the participation
of  the heads of all the delegations. 

Article 20  When the National People’s Congress is in session, the Secretariat and delegations concerned shall provide deputies
from the minority nationalities with the necessary  interpretation. 

Chapter II 

Submission of and Deliberation on Bills and Proposals 

Article 21 The Presidium, the Standing Committee and the special committees of the National People’s Congress, the State Council,
the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate may submit to the National People’s
Congress bills or proposals that fall within the scope of its functions and powers, which shall be put on the agenda of a session
by decision of the Presidium. 

A delegation or a group of thirty or more deputies may submit to the National People’s Congress bills or proposals that fall within
the scope of its functions and powers. The Presidium shall decide whether or not to put the bills or proposals on the agenda of the
session, or to refer them to the relevant special committees for deliberation and, after receiving their opinions, decide whether
or not to put them on the agenda of the session. The Presidium shall also print the report on the disposition of the bills or proposals
approved by the Presidium for distribution at the session. When bills or proposals are deliberated at meetings of the special committees,
their sponsors may be invited to attend the meetings as nonvoting participants to express their opinions. 

Bills or proposals that are to be submitted by a group of deputies or a delegation may be submitted before a session of the National
People’s Congress is held. 

Article 22  With regard to bills or proposals that have been placed on the agenda of a session, the sponsors, the relevant special
committees of the National People’s Congress and the relevant office of the Standing Committee of the National People’s Congress
shall provide the pertinent information. 

Article 23  With regard to bills or proposals that have been placed on the agenda of a session, the sponsors shall submit explanations
to the session. The bills or proposals shall be deliberated by the various delegations and the Presidium may, in the meantime, refer
them to the relevant special committees for deliberation. The result of the deliberations shall then be reported to the Presidium
which may, after its own deliberation, decide to put the bills or proposals to the vote at a plenary meeting of the session. 

Article 24  With regard to legislative bills that have been placed on the agenda of a session, after explanations about them
are  heard at a plenary meeting, they shall be deliberated by the various delegations and, in the meantime, by the Law Committee
and the relevant special committees.  

The Law Committee shall, in the light of opinions expressed during deliberations by the various delegations and the relevant special
committees, conduct unified deliberation on the legislative bills and submit to the Presidium a report on the results of deliberation
and the revised draft laws. The Law Committee shall include major dissenting opinions in the report on the results of deliberation.
The Presidium shall, after deliberation and approval, print it for distribution at the session and also submit the revised legislative
bills to a plenary meeting of the session for the vote.  

Reports on the results of deliberation prepared by the relevant special committees shall be promptly printed and distributed at the
session.  

The procedure for deliberation and voting on the legislative bills prepared  and submitted by a special law-drafting committee
established by decision of the National People’s Congress shall  be formulated separately. 

 

Article 25  Before a session of the National People’s Congress is held, the Standing Committee of the National People’s Congress
may publish for extensive comment the major legislative bills for basic laws  that are  to be submitted to the session
for deliberation, and may print the summarized comments for distribution at the session. 

Article 26 During deliberations on bills or proposals or the relevant reports involving  specialized  problems, the 
special committees may invite the relevant deputies and specialists  to attend the meeting as nonvoting participants to express
their opinions. 

The special committees may decide on the holding of a closed meeting. 

Article 27 Deliberation on a bill or proposal already placed on the agenda of a session shall  be terminated upon approval by
the Presidium of a request made by the sponsor for its withdrawal before it is put to the vote. Article 28 If important issues 
are raised during deliberations on a bill or proposal placed on the agenda of a session and call for further study, upon decision
by a plenary meeting of a session on a proposal  made by the Presidium, the Standing Committee of the National People’s Congress
may be authorized to deliberate on it, after which it shall either make a decision and  report it to the next session of the
National People’s Congress for the record or refer the bill or proposal to  the next session of the National People’s Congress
for deliberation. 

Article 29 The  proposals,  criticisms  and  opinions  put forward by deputies  to the National People’s
Congress concerning any sphere of work shall be referred by the office of the Standing Committee of the National People’s Congress
to the relevant organs or organizations, which shall  study  them, handle them and be responsible to give an answer within
three months of the conclusion of  the session or within  six months at the latest. If the deputies are not satisfied with
the answer, they may raise their opinions, which shall be referred by the office of the Standing Committee of the National People’s
Congress to the relevant organs or  organizations or those at a higher level to be studied and handled anew for a responsible
answer. 

 

Chapter III 

Deliberation of Work Reports and Examination of State Plans and Budget 

Article 30  When the National People’s Congress is in session each year,  resolutions  may be adopted  at the
session corresponding to the work reports submitted to it by the Standing Committee of the National People’s Congress, the State
Council, the Supreme People’s Court and the Supreme People’s Procuratorate, after deliberation by the various delegations. 

Article 31  A month before the holding of a session  of the National People’s Congress, the competent departments concerned
under the State Council shall report to the Financial and Economic Committee and the relevant special committees of the National
People’s Congress the main points of the plan for national economic  and social development and the basic situation regarding
the  implementation of the previous year’s plan as well as the main points of  the state budget and the basic situation
regarding the implementation of the previous year’s state budget  for preliminary examination by the Financial and Economic
Committee. 

Article 32  When the National People’s Congress is in session each year, the State Council shall submit to the session a report
on the plan for national economic and social development and the  implementation of the  previous year’s plan and a report
on the state budget and  the implementation of the previous year’s state budget, and  print for distribution at the session,
together with the above reports, the main targets in the national economic  and  social  development  plan (draft), 
the tables  of revenue and expenditure in the  state budget (draft) and the tables showing the implementation of the previous
year’s state budget (draft), which shall be examined by the various delegations and also by the Financial and Economic Committee
and the relevant special committees. 

The Financial and Economic Committee shall, in the light of the examination reports prepared by the various delegations and the relevant
special committees, examine the report on the  plan for national economic and social development and on the  implementation
of the previous year’s plan,  and the report on the state budget and the implementation of the previous year’s State budget,
and submit to the Presidium a report on the results of its  examination. The Presidium shall, after deliberation and approval,
print the report for distribution at the session; the Presidium shall also submit a draft resolution on the plan for national economic
and social development and a draft resolution on the state budget and the implementation of the previous year’s state budget to a
plenary meeting of the session for the vote.  

Reports on the results of deliberation prepared by the relevant special committees shall be promptly printed and distributed at the
session. 

Article 33 If, in the course of implementation, adjustment must be made to part of the plan for national economic and social development
and the state budget approved by the National People’s Congress, the State Council shall submit the adjusted plan to the Standing
Committee of the National People’s Congress for examination and approval. 

Chapter IV 

Election, Recall, Appointment, Removal from Office, 

and Resignation of Members of State Organs 

Article 34  Candidates for the  Chairman, Vice-Chairmen, Secretary-General and other members of the Standing Committee
of the National People’s Congress, for the  President and Vice-President of the People’s Republic of China, for the  Chairman
of the Central Military Commission, for the President of the Supreme People’s Court and the Procurator-General of the Supreme People’s
Procuratorate shall be nominated by the Presidium which shall, after consultation among the various delegations, decide upon a formal
list of candidates based on the opinion of the majority of deputies. 

The Premier and other members of the State Council and members of the Central Military Commission other than its Chairman shall be
nominated in accordance with the relevant provisions of the Constitution. 

Candidates for the chairman, vice-chairmen and other members of the special committees shall be nominated by the Presidium from among
the deputies. 

Article 35  Nominators of candidates shall provide the meeting with basic information on the candidates and make necessary explanations
to questions raised by deputies. 

Article 36  At a session of the National People’s Congress, elections shall be conducted and  appointments decided by secret
ballot. Candidates shall be elected and decisions adopted  by a simple majority vote of all the deputies. 

When elections are conducted or proposals for appointment are put to the vote at a plenary meeting of a session, ballot-writing booths
shall be installed. 

The outcome of an election or vote shall be announced on the spot by the person presiding over the meeting. The number of votes received
by a candidate shall be announced.  

Article 37 Specific measures for elections and decisions on appointment at a session of the  National People’s Congress shall
be  adopted at a plenary meeting of the session. 

Article 38 During a session of the National People’s Congress, if a member of the Standing Committee of the National People’s 
Congress, the  President or Vice-President of the People’s Republic of China, a member of the State Council, a member of the
Central Military Commission, the President of the Supreme People’s Court or the Procurator-General of the Supreme People’s Procuratorate 
tenders his resignation, the Presidium shall first forward the resignation to the delegations for deliberation and then submit it
to a plenary meeting of the session for decision; if a resignation is tendered   when the National People’s Congress is
not in session, the Council of Chairmen shall submit the resignation to the Standing Committee of the National People’s Congress
for deliberation and decision. If the Standing Committee of the National People’s Congress accepts the  resignation of a member
of the Standing Committee of the National People’s Congress, the President or Vice-President of the People’s Republic of China, the 
Premier or a Vice-Premier of the State Council, a State Councilor, the  Chairman of the Central Military Commission, the President
of the Supreme People’s Court or the Procurator-General of the Supreme People’s Procuratorate, it shall refer the resignation to
the next session of the National People’s Congress for confirmation. 

When the National People’s Congress is not in session, should the office of the Premier of the State Council, the chairman of the
Central Military Commission, the President of the Supreme People’s Court or the Procurator-General of the Supreme People’s Procuratorate
becomes vacant, the Standing Committee of the National People’s Congress shall choose a person to act in his  capacity 
respectively  from  among the Vice-Premiers of the State Council, the Vice-Chairmen of the Central Military Commission,
the Vice-Presidents of the Supreme People’s Court or the Deputy Procurators-General of the Supreme People’s Procuratorate. 

Article 39  The Presidium, three or more delegations or a group of at least one tenth of the number of deputies to the National
People’s Congress may submit a  proposal for removal from office of a member of the Standing Committee of the National People’s
Congress, the President or Vice-President of the People’s Republic of China, a member of the State Council, a member of  the
Central Military Commission, the President of the Supreme People’s Court or the Procurator-General of the Supreme People’s Procuratorate.
The Presidium shall refer the proposal to the delegations for deliberation and then put it to the vote at a plenary meeting of the
session; or in accordance with the provisions of Chapter VI of these Rules, an investigation committee shall be organized by decision
of a plenary meeting of the session on a proposal by the Presidium and, on  the  basis of the report of the investigation
committee, the proposal for removal from office shall be deliberated and decided at the next session of the National People’s Congress. 

For a proposal for removal from office, the reasons thereof shall be stated and the relevant information provided. 

Before a proposal for removal from office is put to the vote at a plenary meeting of a session, the person proposed to be removed
from office shall have the right to defend himself at a meeting of the Presidium or a plenary meeting of the session, or to present
a written statement in his defence, which shall be printed by the Presidium for distribution at the session. 

Article 40  For a member of the Standing Committee or a special committee of the National People’s Congress whose position as
a deputy to the National People’s Congress is recalled by the unit that elected him, the position he holds as a member of the Standing
Committee or a special committee of the National People’s Congress shall be annulled accordingly, which shall be announced by the
Presidium or the Standing Committee of the National People’s Congress. 

Chapter V 

Inquiries and the Addressing of Questions 

Article 41  During deliberations by  delegations on a  bill or proposal and a relevant report, the department concerned
shall send leading personnel to attend the meeting to listen to comments and answer questions raised by deputies.  

During deliberations on the work report of the government and examinations of the report on the plan for national economic and social
development and the implementation of the previous year’s plan, and of the report on the state budget and the implementation of the
previous year’s state budget, at the general meetings of the various delegations, leaders of the State Council and of departments
under the State Council shall respectively attend the meeting, listen to comments and answer inquiries. 

During deliberations by the Presidium and by the special committees on a bill or proposal and a relevant report, leaders of the State
Council or the organs concerned shall attend the meeting to listen to comments and answer inquiries and may also make additional
explanations about the  bill or proposal and the relevant report. 

Article 42  During a session of the National People’s Congress, a delegation or a group of thirty or more deputies may submit
a written proposal for addressing questions to the State Council and departments under the State Council. 

Article 43   In the proposals for the addressing of questions, the objects to be questioned and the topics and contents
to be questioned about must be clearly stated. 

Article 44   With regard to a proposal for addressing questions, the Presidium shall decide whether to request the head
of the organ questioned to give an oral reply at a meeting of the Presidium,  a  meeting  of  the  relevant 
special committee or a meeting of the relevant delegation, or to refer the questions to the organ concerned for a written reply.
If the reply is to be given at a meeting of the Presidium or of a  special committee, the head of the delegation or the deputies
who addressed the questions shall have the right to attend the meeting to express their opinions. 

If the delegation or the deputies who submitted the proposal for addressing questions are not satisfied with the reply, they may
raise their request. The organ questioned shall, by decision of  the Presidium, give another reply. 

If the reply is given at a meeting of a special committee or a delegation, the relevant special committee or delegation shall report
the reply and the related circumstances to the Presidium. 

The Presidium may, when it deems it  necessary, print for distribution at the session the report on  the reply to the proposal
for addressing questions and the related circumstances. 

If the reply is given in written form, it shall be signed by the head of the  organ questioned and shall, by decision of the
Presidium,  be printed for distribution at the session. 

Chapter VI 

Investigation Committees 

Article 45  The National People’s Congress may, when it deems it necessary, appoint committees for the investigation of specific 
questions. 

Article 46   The Presidium, three or more delegations or a group of one tenth  or more of the number of  deputies 
may put forward a proposal for appointing  committees for the investigation of specific questions. The proposal shall be submitted
by the Presidium to a plenary meeting of the session for decision. 

An investigation committee shall be composed of a chairman and a certain number of vice-chairmen and members, who shall be nominated
by the Presidium from among the deputies and approved by a plenary meeting of the session. An investigation committee may invite
specialists to participate in its investigations. 

Article 47  When an investigation committee conducts investigations, all state organs, public organizations and citizens concerned 
shall be obliged  to truthfully furnish  the necessary information. If the citizens who furnish the information request
the investigation committee to keep the sources of information confidential, the investigation committee shall keep them confidential. 

The investigation committee may, in the course of its investigation, choose not to make public the information or materials obtained
through investigation. 

Article 48  An investigation  committee shall submit an investigation report to the National People’s Congress. The National
People’s Congress may adopt appropriate resolutions based on the report of the investigation committee. 

The Standing Committee of the National People’s Congress may be authorized by the National People’s Congress to hear the investigation
report of an investigation committee and adopt appropriate resolutions, when the National People’s Congress is not in session, and
shall report to the next session of the National People’s Congress for the record. 

Chapter VII 

Speaking and Voting 

Article 49  Deputies to the National People’s Congress shall not be held legally liable for their speeches or votes at various
meetings of the National People’s Congress. 

Article 50  A deputy  who is to speak at a plenary meeting of a session may speak twice, with the first speech not exceeding
ten minutes and the second speech not exceeding five minutes. 

A deputy who asks to speak at a plenary meeting of a session shall sign up at the Secretar

ARBITRATION RULES OF CHINA MARITIME ARBITRATION COMMISSION

PROVISIONS GOVERNING THE USE OF FOREIGN CURRENCY BY ENTERPRISES WITH FOREIGN INVESTMENT IN COMPUTING PRICES AND SETTLING ACCOUNTS IN CHINA

The State Administration of Foreign Exchange

Provisions Governing the Use of Foreign Currency by Enterprises with Foreign Investment in Computing Prices and Settling Accounts
in China

January 7, 1989

The following Provisions are enacted by the State Administration of Foreign Exchange (SAFE) in accordance with 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 and relevant regulations with a view to facilitating the use of foreign capital, tightening control over the
use of foreign currency by enterprises with foreign investment in computing prices and settling accounts within China, and helping
these enterprises balance their foreign exchange receipts and expenditures:

Article 1

An enterprise with foreign investment (hereinafter referred to as enterprise) that wishes to use foreign currency to compute prices
and settle accounts for the products it sells in China must apply to the SAFE or its branch or sub-branch office (hereinafter referred
to as exchange control authorities) in the place where the enterprise is located.

Article 2

The applicant must conform to one of the following conditions:

(1)

Its products are those that need to be imported under the State plan;

(2)

Its products are sold to the special economic zones, economic-technological development zones, or enterprises with foreign investment;
or

(3)

Its products are raw or semi-finished materials, spare parts or fittings which domestic production enterprises need to import with
foreign exchange.

Article 3

While applying for the use of foreign currency to compute prices and settle accounts for the products it sells in China, the enterprise
shall submit the following documents to the exchange control authorities:

(1)

an application to that effect, stating the reason for application, the names and amounts of products, the sum of money, and the duration;

(2)

a certificate from an accountant office registered in China confirming that the enterprise’s capital has been fully paid up as scheduled;
and

(3)

other documents required by the exchange control authorities.

Article 4

The exchange control authorities shall examine and approve the application from an enterprise on an annual basis, stipulating the
sum of money, the amounts and names of products, the time limit for the use of foreign currency by the enterprise in computing prices
and settling accounts for its products, as well as the annual quota for the products involved in this regard.

Article 5

In case an enterprise needs to use foreign currency to compute prices and settle accounts for the products it sells in places other
than where it is located, it must obtain approval from the exchange control authorities at the place where the enterprise receiving
the foreign exchange is located, and copies of the document of approval shall be sent to the relevant SAFE branch offices and reported
to the SAFE headquarters for reference.

Article 6

For products the prices of which are allowed to be computed and the accounts to be settled in foreign currency, the prices shall generally
be set with reference to the FOB prices of the same category of export goods or the CIF prices of the same category of import goods,
according to the principle of the same prices for goods of the same quality and higher prices for goods of higher quality.

Article 7

Generally, an enterprise shall not be allowed to compute prices or settle accounts in foreign currency for its products in one of
the following cases:

(1)

If the enterprise, in violation of the provisions of its contracts, articles of association or the documents of approval, has failed
to perform its duties in exporting its products or selling them in China, or failed to reach the goal of switching to domestic materials
and parts in manufacturing the products; or

(2)

If the enterprise or its products are not of the category in which investment is encouraged by the State.

Article 8

Without the approval of the exchange control authorities, no enterprise may use foreign currency to compute prices and settle accounts
for its products. Any enterprise violating these Provisions shall be punished by the said authorities in accordance with the Rules
for the Implementation of Penalty on Offenses Against Exchange Control.

Article 9

In case of conflict between past provisions and the present Provisions, the present Provisions shall prevail.

Article 10

The right to interpret these Provisions resides in the SAFE.

Article 11

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

 
The State Administration of Foreign Exchange
1989-01-07

 



GUARDING STATE SECRETS LAW

Law of the People’s Republic of China on Guarding State Secrets

    

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II SCOPES AND CATEGORIES OF STATE SECRETS

CHAPTER III SECURITY RULES

CHAPTER IV LEGAL RESPONSIBILITY

CHAPTER V SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is formulated for the purpose of guarding state secrets, safeguarding state security and national interests and ensuring
the smooth progress of reform, of opening to the outside world, and of socialist construction.

   Article 2. State secrets shall be matters that have a vital bearing on state security and national interests and, as specified by legal procedure,
are entrusted to a limited number of people for a given period of time.

   Article 3. All state organs, armed forces, political parties, public organizations, enterprises, institutions and citizens shall have the obligation
to guard state secrets.

   Article 4. The work of guarding state secrets shall be carried out in line with the principle of actively preventing their leak and laying
emphasis on priorities so that state secrets are kept while work in all other fields is facilitated.

   Article 5. The state secret-guarding department shall be responsible for the guarding of state secrets throughout the country.

The local secret-guarding departments at or above the county level shall, within the scope of their functions and powers, be responsible
for the guarding of state secrets in the administrative areas under their jurisdiction.

The central state organs shall, within the scope of their functions and powers, be responsible for and guide the work of guarding
state secrets in their own organs and in the departments subordinate to them.

   Article 6. State organs at or above the county level and units involving state secrets shall, in the light of their actual conditions, set
up bodies or designate personnel to administer the day-to-day work of guarding state secrets within their own organs or units.

   Article 7. Units or individuals that have rendered meritorious services in guarding and protecting state secrets and improving techniques and
measures in this field of work shall be awarded.

CHAPTER II SCOPES AND CATEGORIES OF STATE SECRETS

   Article 8. In accordance with the provisions of Article 2 of this Law, state secrets shall include the following:

(1) secrets concerning major policy decisions on state affairs;

(2) secrets in the building of national defence and in the activities of the armed forces;

(3) secrets in diplomatic activities and in activities related to foreign countries as well as secrets to be maintained as commitments
to foreign countries;

(4) secrets in national economic and social development;

(5) secrets concerning science and technology;

(6) secrets concerning activities for safeguarding state security and the investigation of criminal offences; and

(7) other matters that are classified as state secrets by the state secret-guarding department.

Matters that do not conform with the provisions of Article 2 of this Law shall not be state secrets.

Secrets of political parties that conform with the provisions of Article 2 of this Law shall be state secrets.

   Article 9. State secrets shall fall into three categories: most confidential, classified and confidential.

The most confidential information refers to vital state secrets, the divulgence of which will cause extremely serious harm to state
security and national interests; classified information refers to important state secrets, the divulgence of which will cause serious
harm to state security and national interests; and confidential information refers to ordinary state secrets, the divulgence of which
will cause harm to state security and national interests.

   Article 10. The specific scopes and categories of state secrets shall be stipulated by the state secret-guarding department together with the
Ministries of Foreign Affairs, Public Security and State Security and other central organs concerned.

The specific scopes and categories of state secrets related to national defence shall be stipulated by the Central Military Commission.

Stipulations on the specific scopes and categories of state secrets shall be made known within relevant quarters.

   Article 11. State organs and units at various levels shall, in accordance with the stipulations on the specific scopes and categories of state
secrets, classify the state secrets arising in these organs and units.

When people are not sure whether a certain matter is a state secret or which category of state secrets it should be classified into,
the question shall be determined by the state secret-guarding department, the secret-guarding department of a province, an autonomous
region or a municipality directly under the Central Government, the secret-guarding department of a city where the government of
a province or an autonomous region is located, the secret-guarding department of a larger city approved by the State Council, or
an organ examined and approved by the state secret-guarding department. Pending the classification of the secret, the state organ
or unit where the matter has arisen shall initially take security measures in conformity with the category proposed for its classification.

   Article 12. The categories of secrecy shall, in accordance with the provisions of Articles 9, 10 and 11 of this Law, be marked on documents
and other material that are determined as state secrets. Documents and other material that are not determined as state secrets shall
not be marked as such.

   Article 13. When differences arise as to whether a matter is a state secret or which category it should be classified into, the question shall
be determined by the state secret-guarding department or the secret-guarding department of a province, an autonomous region or a
municipality directly under the Central Government.

   Article 14. While classifying state secrets, state organs and units shall, in the light of each case, determine the periods for guarding these
secrets. Specific measures for determining the periods shall be formulated by the state secret-guarding department.

   Article 15. The categories of state secrets and the periods for guarding them shall be altered in the light of changing circumstances. Such
alterations shall be decided on by the state organs or units that determined the categories of the secrets and the periods for guarding
them or by superior departments.

   Article 16. A state secret shall be automatically declassified upon the expiration of the period for guarding it; in cases where it is necessary
to extend the period, the matter shall be decided on by the state organ or unit that determined the category of the secret and the
period for guarding it or by a superior department.

When it is found, before the expiration of the period for guarding a state secret that it is no longer necessary to guard it as such,
it should be declassified without delay by the state organ or unit that determined its category and defined the period for guarding
it or by a superior department.

CHAPTER III SECURITY RULES

   Article 17. The state secret-guarding department shall formulate security measures regarding the making, receiving, dispatching, transmitting,
use, copying, extracting, preservation and destruction of documents and other material and objects that are state secrets.

Measures for storing, drawing, processing and transmitting state secrets by electronic information and other technical means shall
be formulated by the state secret-guarding department together with the central organs concerned.

   Article 18. Documents and other material and objects that are classified as ” most confidential ” state secrets must be guarded by the following
security measures:

(1) They shall not be copied or extracted without approval by the state organ or unit that determined their categories or by superior
departments;

(2) People shall be specially designated and necessary security measures taken for their dispatch, reception, delivery and carrying;
and

(3) They shall be kept in perfectly equipped safes.

Security measures shall be taken in accordance with the provisions of the preceding paragraphs, for approved copies or extracts of
documents and other material and objects classified as ” most confidential ” state secrets.

   Article 19. Security measures shall be formulated by the state secret-guarding department, together with the central organs concerned, for the
trial manufacture, production, transportation, use, preservation, maintenance and destruction of equipment or goods classified as
state secrets.

   Article 20. In the publication and distribution of newspapers, journals, books, maps, material with illustrations and captions, and audio and
video products and in the production and broadcast of radio and television programmes and films, the relevant security regulations
shall be complied with and no state secrets shall be divulged.

   Article 21. When state secrets have to be furnished for the benefits of contacts and co-operation with foreign countries, approval must be obtained
beforehand in line with the prescribed procedures.

   Article 22. With regard to meetings and other activities that involve state secrets, the sponsor units shall take security measures, explain
to the participants the need to guard secrets and set specific requirements for the purpose.

   Article 23. Military forbidden zones and places and locations that are state secrets not open to the public shall be protected by security measures;
no one may decide to open them to the public or enlarge the area that is open to the public without approval obtained in accordance
with the relevant state regulations.

   Article 24. No state secrets shall be divulged in private contacts or correspondence.

When carrying documents and other material and objects classified as state secrets on official tours, no one shall go against the
relevant security regulations.

No state secrets shall be discussed in public places.

   Article 25. Transmission of state secrets through wire or wireless communications shall be protected by security measures.

No state secrets shall be transmitted by plain code or by a secret code that has not been examined and approved by the central organs
concerned.

No documents or other material and objects classified as state secrets shall be transmitted by ordinary mail.

   Article 26. Without approval by competent departments, no documents or any other material or objects classified as state secret shall be carried,
transmitted, posted or transported out of the country’s territory.

   Article 27. State secrets shall, depending on the circumstances, be accessible only to a certain number of people. The most confidential state
secrets shall be accessible only to people who have obtained approval.

   Article 28. Personnel to be placed specially in charge of state secrets shall be examined and approved in accordance with the provisions of the
state secret-guarding department and the competent personnel department.

Exit from the country’s territory by personnel specially in charge of state secrets shall be approved by the organ that approved their
appointment. If the competent department under the State Council holds that the exit of any one of them from the country’s territory
will endanger state security or cause serious damage to national interests, no approval shall be granted for his exit.

   Article 29. State organs and units shall conduct education among their personnel in the need to guard secrets and check up on secret-guarding
work regularly.

   Article 30. State functionaries and other citizens should, upon discovering that state secrets have been divulged or are in danger of being
divulged, take remedial measures immediately and promptly report the matter to the state organs and units concerned, which shall,
upon receiving such reports, deal with the matter without delay.

CHAPTER IV LEGAL RESPONSIBILITY

   Article 31. Persons who, in violation of the provisions of this Law, divulge state secrets intentionally or through negligence, if the consequences
are serious, shall be investigated for criminal responsibility in accordance with the provisions of Article 186 of the Criminal Law.

Persons who, in violation of the provisions of this Law, divulge state secrets, if the consequences are not serious enough for criminal
punishment, may be given disciplinary sanction in the light of the specific circumstances of each case.

   Article 32. Persons who steal, spy on, buy or illegally provide state secrets for institutions, organizations and people outside the country
shall be investigated for criminal responsibility in accordance with law.

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 33. The state secret-guarding department shall, in accordance with this Law, formulate measures for its implementation, which shall
come into force after being submitted to and approved by the State Council.

   Article 34. The Central Military Commission shall, in accordance with this Law, formulate the Regulations of the Chinese People’s Liberation
Army on the Guarding of Secrets.

   Article 35. This Law shall come into force as of May 1, 1989. The Provisional Regulations on Guarding State Secrets promulgated in June 1951
shall be annulled as of the same date.

    





ENVIRONMENTAL PROTECTION LAW

Environmental Protection Law of the People’s Republic of China

    

(Effective Date 1989.12.26)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II SUPERVISION AND MANAGEMENT OF THE ENVIRONMENT

CHAPTER III PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT

CHAPTER IV PREVENTION AND CONTROL OF ENVIRONMENTAL

POLLUTION AND OTHER PUBLIC HAZARDS

CHAPTER V LEGAL LIABILITY

CHAPTER VI SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is formulated for the purpose of protecting and improving people’s environment and the ecological environment,
preventing and controlling pollution and other public hazards, safeguarding human health and facilitating the development
of socialist modernization.

   Article 2. ” Environment ” as used in this Law refers to the total body of all natural elements and artificially transformed natural
elements affecting human existence and development, which includes the atmosphere, water, seas, land, minerals,
forests, grasslands, wildlife, natural and human remains, nature reserves, historic sites and scenic spots, and urban and
rural areas.

   Article 3. This Law shall apply to the territory of the People’s Republic of China and other sea areas under the jurisdiction
of the People’s Republic of China.

   Article 4. The plans for environmental protection formulated by the state must be incorporated into the national economic
and social development plans; the state shall adopt economic and technological policies and measures
favourable for environmental protection so as to coordinate the work of environmental protection with
economic construction and social development.

   Article 5. The state shall encourage the development of education in the science of environmental protection, strengthen
the study and development of the science and technology of environmental protection, raise the scientific
and technological level of environmental protection and popularize scientific knowledge of environmental protection.

   Article 6. All units and individuals shall have the obligation to protect the environment and shall have the right to
report on or file charges against units or individuals that cause pollution or damage to the environment.

   Article 7. The competent department of environmental protection administration under the State Council shall conduct unified
supervision and management of the environmental protection work throughout the country.

The competent departments of environmental protection administration of the local people’s governments at or above the
county level shall conduct unified supervision and management of the environmental protection work within areas
under their jurisdiction.

The state administrative department of marine affairs, the harbour superintendency administration, the
fisheries administration and fishing harbour superintendency agencies, the environmental protection department
of the armed forces and the administrative departments of public security, transportation, railways and civil
aviation at various levels shall, in accordance with the provisions of relevant laws, conduct supervision and management
of the prevention and control of environmental pollution.

The competent administrative departments of land, minerals, forestry, agriculture and water conservancy of
the people’s governments at or above the county level shall, in accordance with the provisions of relevant laws, conduct
supervision and management of the protection of natural resources.

   Article 8. The people’s government shall give awards to units and individuals that have made outstanding achievements in protecting
and improving the environment.

CHAPTER II SUPERVISION AND MANAGEMENT OF THE ENVIRONMENT

   Article 9. The competent department of environmental protection administration under the State Council shall establish
the national standards for environment quality.

The people’s governments of provinces, autonomous regions and municipalities directly under the Central
Government may establish their local standards for environment quality for items not specified in the national standards
for environment quality and shall report them to the competent department of environmental protection administration under
the State Council for the record.

   Article 10. The competent department of environmental protection administration under the State Council shall, in accordance
with the national standards for environment quality and the country’s economic and technological conditions, establish
the national standards for the discharge of pollutants. The people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government may establish their local standards
for the discharge of pollutants for items not specified in the national standards; with regard to items already specified
in the national standards, they may set local standards which are more stringent than the national standards and report
the same to the competent department of environmental protection administration under the State Council for the record.

Units that discharge pollutants in areas where the local standards for the discharge of pollutants have been established
shall observe such local standards.

   Article 11. The competent department of environmental protection administration under the State Council shall establish a monitoring
system, formulate the monitoring norm and, in conjunction with relevant departments, organize a monitoring network
and strengthen the management of environmental monitoring. The competent departments of environmental protection
administration under the State Council and governments of provinces, autonomous regions and municipalities directly
under the Central Government shall regularly issue bulletins on environmental situations.

   Article 12. The competent departments of environmental protection administration of the people’s governments at or above the
county level shall, in conjunction with relevant departments, make an investigation and an assessment of the
environmental situation within areas under their jurisdiction, draw up plans for environmental protection which
shall, subject to overall balancing by the department of planning, be submitted to the people’ s government at the
same level for approval before implementation.

   Article 13. Units constructing projects that cause pollution to the environment must observe the state provisions concerning environmental
protection for such construction projects.

The environmental impact statement on a construction project must assess the pollution the project is likely to
produce and its impact on the environment and stipulate the preventive and curative measures; the statement
shall, after initial examination by the authorities in charge of the construction project, be submitted by specified
procedure to the competent department of environmental protection administration for approval. The department
of planning shall not ratify the design plan descriptions of the construction project until after
the environmental impact statement on the construction project is approved.

   Article 14. The competent departments of environmental protection administration of the people’s governments at or above the county
level or other departments invested by law with power to conduct environmental supervision and management shall be
empowered to make on-site inspections of units under their jurisdiction that discharge pollutants. The units being
inspected shall truthfully report the situation to them and provide them with the necessary information. The inspecting
authorities shall keep confidential the technological know-how and business secrets of the units inspected.

   Article 15. Work for the prevention and control of the environmental pollution and damage that involve various administrative
areas shall be conducted by the relevant local people’s governments through negotiation, or by decision of the
people’s government at a higher level through mediation.

CHAPTER III PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT

   Article 16. The local people’s governments at various levels shall be responsible for the environment quality of areas under their
jurisdiction and take measures to improve the environment quality.

   Article 17. The people’s governments at various levels shall take measures to protect regions representing various types
of natural ecological systems, regions with a natural distribution of rare and endangered wild animals and
plants, regions where major sources of water are conserved, geological structures of major scientific and cultural
value, famous regions where karst caves and fossil deposits are distributed, traces of glaciers, volcanoes and hot
springs, traces of human history, and ancient and precious trees. Damage to the above shall be strictly forbidden.

   Article 18. Within the scenic spots or historic sites, nature reserves and other zones that need special protection, as designated
by the State Council, the relevant competent department under the State Council, and the people’s governments of provinces,
autonomous regions and municipalities directly under the Central Government, no industrial production installations
that cause environmental pollution shall be built; other installations to be built in these areas must not exceed
the prescribed standards for the discharge of pollutants. If the installations that have been built discharge more
pollutants than are specified by the prescribed discharge standards, such pollution shall be eliminated or controlled
within a prescribed period of time.

   Article 19. Measures must be taken to protect the ecological environment while natural resources are being developed or utilized.

   Article 20. The people’s governments at various levels shall provide better protection for the agricultural environment by preventing
and controlling soil pollution, the desertification and alkalization of land, the impoverishment of soil, the deterioration
of land into marshes, earth subsidence, the damage of vegetation, soil erosion, the drying up of sources of
water , the extinction of species and the occurence and development of other ecological imbalances, by extending
the scale of a comprehensive prevention and control of plant diseases and insect pests, and by promoting a rational
application of chemical fertilizers, pesticides and plant growth hormone.

   Article 21. The State Council and the people’s governments at various levels in coastal areas shall provide better protection for
the marine environment. The discharge of pollutants and the dumping of wastes into the seas, the construction
of coastal projects, and the exploration and exploitation of offshore oil must be conducted in compliance with
legal provisions so as to guard against the pollution and damage of the marine environment.

   Article 22. The targets and tasks for protecting and improving the environment shall be defined in urban planning.

   Article 23. In urban and rural construction, vegetation, waters and the natural landscape shall be protected and attention paid to the construction
of gardens, green land and historic sites and scenic spots in the cities in the light of the special features of the local
natural environment.

CHAPTER IV PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION AND OTHER PUBLIC HAZARDS

   Article 24. Units that cause environmental pollution and other public hazards shall incorporate the work of environmental protection
into their plans and establish a responsibility system for environmental protection, and must adopt effective measures
to prevent and control the pollution and harms caused to the environment by waste gas, waste water, waste residues, dust,
malodorous gases, radioactive substances, noise, vibration and electromagnetic radiation generated in the
course of production, construction or other activities.

   Article 25. For the technological transformation of newly-built industrial enterprises and existing industrial enterprises,
facilities and processes that effect a high rate of the utilization of resources and a low rate of the discharge
of pollutants shall be used, along with economical and rational technology for the comprehensive utilization
of waste materials and the treatment of pollutants.

   Article 26. Installations for the prevention and control of pollution at a construction project must be designed, built and commissioned
together with the principal part of the project. No permission shall be given for a construction project to
be commissioned or used, until its installations for the prevention and control of pollution are examined and considered
up to the standard by the competent department of environmental protection administration that examined
and approved the environmental impact statement.

Installations for the prevention and control of pollution shall not be dismantled or left idle without authorization.
If it is really necessary to dismantle such installations or leave them idle, prior approval shall be obtained from
the competent department of environmental protection administration in the locality.

   Article 27. Enterprises and institutions discharging pollutants must report to and register with the relevant authorities in accordance
with the provisions of the competent department of environmental protection administration under the State Council.

   Article 28. Enterprises and institutions discharging pollutants in excess of the prescribed national or local discharge standards
shall pay a fee for excessive discharge according to state provisions and shall assume responsibility for eliminating
and controlling the pollution. The provisions of the Law on Prevention and Control of Water Pollution shall be complied
with where they are applicable.

The income derived from the fee levied for the excessive discharge of pollutants must be used for the
prevention and control of pollution and shall not be appropriated for other purposes. The specific measures thereof shall be
prescribed by the State Council.

   Article 29. If an enterprise or institution has caused severe environmental pollution, it shall be required to eliminate and control
the pollution within a certain period of time.

For enterprises and institutions directly under the jurisdiction of the Central Government or the people’s government
of a province, an autonomous region, or a municipality directly under the Central Government, the decision on
a deadline for the elimination or control of pollution shall be made by the people’s government of the province, autonomous
region and the municipality directly under the Central Government. For enterprises and institutions under the jurisdiction
of a people’s government at or below the city or county level, such decision shall be made by the people’s
government of the city or county. Such enterprises and institutions shall accomplish the elimination or control of
pollution within the specified period of time.

   Article 30. A ban shall be imposed on the importation of any technology or facility that fails to meet the requirements specified
in the regulations of our country concerning environmental protection.

   Article 31. Any unit that, as a result of an accident or any other exigency, has caused or threatens to cause an accident of
pollution, must promptly take measures to prevent and control the pollution hazards, make the situation known to
such units and inhabitants as are likely to be endangered by such hazards, report the case to the competent department
of environmental protection administration of the locality and the departments concerned and accept their investigation and
decision.

Enterprises and institutions that are likely to cause severe pollution accidents shall adopt measures for effective prevention.

   Article 32. If the safety of the lives and property of inhabitants is endangered by severe environmental pollution, the competent
department of environmental protection administration of the local people’s government at or above the county level
must promptly report to the local people’s government. The people’s government concerned shall take effective
measures to remove or alleviate the hazard.

   Article 33. The production, storage, transportation, sale and use of toxic chemicals and materials containing radioactive substances must
comply with the relevant state provisions so as to prevent environmental pollution.

   Article 34. No unit shall be permitted to transfer a production facility that causes severe pollution for use by a unit that
is unable to prevent and control pollution.

CHAPTER V LEGAL LIABILITY

   Article 35. Any violator of this Law shall, according to the circumstances of the case, be warned or fined by the competent
department of environmental protection administration or another department invested by law with power to
conduct environmental supervision and management for any of the following acts:

(1) refusing an on-site inspection by the competent department of environmental protection administration
or another department invested by law with power to conduct environmental supervision and management, or resorting
to trickery and fraud while undergoing inspection;

(2) refusing to report or submitting a false report on items for which declaration is required by the competent
department of environmental protection administration under the State Council;

(3) failing to pay, as provided for by the state, the fee for the excessive discharge of pollutants;

(4) importing technology or a facility that fails to meet the requirements specified in the state provisions concerning
environmental protection; or

(5) transferring a production facility that causes severe pollution for use by a unit that is unable to prevent and control
pollution.

   Article 36. When a construction project is commissioned or put to use in circumstances where facilities for the prevention and control
of pollution either have not been completed or fail to meet the requirements specified in state provisions, the
competent department of environmental protection administration responsible for the approval of the environmental
impact statement on the construction project shall order the suspension of its operations or use and may concurrently
impose a fine.

   Article 37. A unit which dismantles or leaves idle the installations for the prevention and control of pollution without prior
approval by the competent department of environmental protection administration, thereby discharging pollutants
in excess of the prescribed discharge standards, shall be ordered by the competent department of environmental
protection administration to set up the installations or put them to use again, and shall concurrently be fined.

   Article 38. An enterprise or institution which violates this Law, thereby causing an environmental pollution accident, shall be
fined by the competent department of environmental protection administration or another department invested by law
with power to conduct environmental supervision and management in accordance with the consequent damage; in a serious
case, the persons responsible shall be subject to administrative sanction by the unit to which they belong or by the competent
department of the government.

   Article 39. An enterprise or institution that has failed to eliminate or control pollution by the deadline as required shall, as provided
for by the state, pay a fee for excessive discharge; in addition, a fine may be imposed on it on the basis of the
damage incurred, or the enterprise or institution may be ordered to suspend its operations or close down.

The fine as specified in the preceding paragraph shall be decided by the competent department of environmental
protection administration. An order for the suspension of operations or shut-down of an enterprise or institution
shall be issued by the people’s government that set the deadline for the elimination or control of pollution.
An order for the suspension of operations or shut-down of an enterprise or institution directly under the jurisdiction
of the Central Government shall be submitted to and approved by the State Council.

   Article 40. A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification
on such a decision, apply for reconsideration to the department next higher to the authorities that imposed the sanction;
if the party refuses to accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration
decision, bring a suit before a people’s court. A party may also bring a suit directly before a people’s court within
15 days of receiving the notification on the sanction. If, upon the expiration of this period, the party has not applied
for reconsideration or has neither brought a suit before a people’s court nor complied with the sanction, the authorities
that imposed the sanction may apply to the people’s court for compulsory enforcement.

   Article 41. A unit that has caused an environmental pollution hazard shall have the obligation to eliminate it and make compensation to
the unit or individual that suffered direct losses.

A dispute over the liability to make compensation or the amount of compensation may, at the request of the
parties, be settled by the competent department of environmental protection administration or another department
invested by law with power to conduct environmental supervision and management. If a party refuses to accept the decision
on the settlement, it may bring a suit before a people’s court. The party may also directly bring a suit before the people’s
court.

If environmental pollution losses result solely from irresistable natural disasters which cannot be averted even after
the prompt adoption of reasonable measures, the party concerned shall be exempted from liability.

   Article 42. The limitation period for prosecution with respect to compensation for environmental pollution losses shall be
three years, counted from the time when the party becomes aware of or should become aware of the pollution losses.

   Article 43. If a violation of this Law causes a serious environmental pollution accident, leading to the grave consequences of
heavy losses of public or private property or human injuries or deaths of persons, the persons directly responsible
for such an accident shall be investigated for criminal responsibility according to law.

   Article 44. Whoever, in violation of this Law, causes damage to natural resources like land, forests, grasslands, water, minerals, fish,
wild animals and wild plants shall bear legal liability in accordance with the provisions of relevant laws.

   Article 45. Any person conducting supervision and management of environmental protection who abuses his power, neglects his duty
or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs
or the competent higher authorities; if his act constitutes a crime, he shall be investigated for criminal responsibility
according to law.

CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 46. If an international treaty regarding environmental protection concluded or acceded to by the People’s Republic
of China contains provisions differing from those contained in the laws of the People’s Republic of China,
the provisions of the international treaty shall apply, unless the provisions are ones on which the People’s
Republic of China has announced reservations.

   Article 47. This Law shall enter into force on the date of promulgation. The Environmental Protection Law of the People’s
Republic of China (for Trial Implementation) shall be abrogated therefrom.

    





CIRCULAR FOR STRENGTHENING THE CONTROL OF BORROWING INTERNATIONAL COMMERCIAL LOANS

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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