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
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The State Administration of Foreign Exchange Provisions Governing the Use of Foreign Currency by Enterprises with Foreign Investment in Computing Prices and Settling Accounts January 7, 1989 The following Provisions are enacted by the State Administration of Foreign Exchange (SAFE) in accordance with the Rules for the Implementation Article 1 An enterprise with foreign investment (hereinafter referred to as enterprise) that wishes to use foreign currency to compute prices 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; (3) Its products are raw or semi-finished materials, spare parts or fittings which domestic production enterprises need to import with 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 (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; (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 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 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 Article 7 Generally, an enterprise shall not be allowed to compute prices or settle accounts in foreign currency for its products in one of (1) If the enterprise, in violation of the provisions of its contracts, articles of association or the documents of approval, has failed (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 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
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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 Article 2. State secrets shall be matters that have a vital bearing on state security and national interests and, as specified by legal procedure, Article 3. All state organs, armed forces, political parties, public organizations, enterprises, institutions and citizens shall have the obligation Article 4. The work of guarding state secrets shall be carried out in line with the principle of actively preventing their leak and laying 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 The central state organs shall, within the scope of their functions and powers, be responsible for and guide the work of guarding Article 6. State organs at or above the county level and units involving state secrets shall, in the light of their actual conditions, set Article 7. Units or individuals that have rendered meritorious services in guarding and protecting state secrets and improving techniques and
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 (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 Article 10. The specific scopes and categories of state secrets shall be stipulated by the state secret-guarding department together with the 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 When people are not sure whether a certain matter is a state secret or which category of state secrets it should be classified into, 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 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 Article 14. While classifying state secrets, state organs and units shall, in the light of each case, determine the periods for guarding these Article 15. The categories of state secrets and the periods for guarding them shall be altered in the light of changing circumstances. Such Article 16. A state secret shall be automatically declassified upon the expiration of the period for guarding it; in cases where it is necessary 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,
CHAPTER III SECURITY RULES Article 17. The state secret-guarding department shall formulate security measures regarding the making, receiving, dispatching, transmitting, Measures for storing, drawing, processing and transmitting state secrets by electronic information and other technical means shall Article 18. Documents and other material and objects that are classified as ” most confidential ” state secrets must be guarded by the following (1) They shall not be copied or extracted without approval by the state organ or unit that determined their categories or by superior (2) People shall be specially designated and necessary security measures taken for their dispatch, reception, delivery and carrying; (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 Article 19. Security measures shall be formulated by the state secret-guarding department, together with the central organs concerned, for the Article 20. In the publication and distribution of newspapers, journals, books, maps, material with illustrations and captions, and audio and Article 21. When state secrets have to be furnished for the benefits of contacts and co-operation with foreign countries, approval must be obtained Article 22. With regard to meetings and other activities that involve state secrets, the sponsor units shall take security measures, explain Article 23. Military forbidden zones and places and locations that are state secrets not open to the public shall be protected by security measures; 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 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 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, Article 27. State secrets shall, depending on the circumstances, be accessible only to a certain number of people. The most confidential state Article 28. Personnel to be placed specially in charge of state secrets shall be examined and approved in accordance with the provisions of the Exit from the country’s territory by personnel specially in charge of state secrets shall be approved by the organ that approved their Article 29. State organs and units shall conduct education among their personnel in the need to guard secrets and check up on secret-guarding Article 30. State functionaries and other citizens should, upon discovering that state secrets have been divulged or are in danger of being
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 Persons who, in violation of the provisions of this Law, divulge state secrets, if the consequences are not serious enough for criminal Article 32. Persons who steal, spy on, buy or illegally provide state secrets for institutions, organizations and people outside the country
CHAPTER V SUPPLEMENTARY PROVISIONS Article 33. The state secret-guarding department shall, in accordance with this Law, formulate measures for its implementation, which shall Article 34. The Central Military Commission shall, in accordance with this Law, formulate the Regulations of the Chinese People’s Liberation Article 35. This Law shall come into force as of May 1, 1989. The Provisional Regulations on Guarding State Secrets promulgated in June 1951
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ENVIRONMENTAL PROTECTION LAW
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(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, Article 2. ” Environment ” as used in this Law refers to the total body of all natural elements and artificially transformed natural Article 3. This Law shall apply to the territory of the People’s Republic of China and other sea areas under the jurisdiction Article 4. The plans for environmental protection formulated by the state must be incorporated into the national economic Article 5. The state shall encourage the development of education in the science of environmental protection, strengthen Article 6. All units and individuals shall have the obligation to protect the environment and shall have the right to Article 7. The competent department of environmental protection administration under the State Council shall conduct unified The competent departments of environmental protection administration of the local people’s governments at or above the The state administrative department of marine affairs, the harbour superintendency administration, the The competent administrative departments of land, minerals, forestry, agriculture and water conservancy of Article 8. The people’s government shall give awards to units and individuals that have made outstanding achievements in protecting
CHAPTER II SUPERVISION AND MANAGEMENT OF THE ENVIRONMENT Article 9. The competent department of environmental protection administration under the State Council shall establish The people’s governments of provinces, autonomous regions and municipalities directly under the Central Article 10. The competent department of environmental protection administration under the State Council shall, in accordance Units that discharge pollutants in areas where the local standards for the discharge of pollutants have been established Article 11. The competent department of environmental protection administration under the State Council shall establish a monitoring Article 12. The competent departments of environmental protection administration of the people’s governments at or above the Article 13. Units constructing projects that cause pollution to the environment must observe the state provisions concerning environmental The environmental impact statement on a construction project must assess the pollution the project is likely to Article 14. The competent departments of environmental protection administration of the people’s governments at or above the county Article 15. Work for the prevention and control of the environmental pollution and damage that involve various administrative
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 Article 17. The people’s governments at various levels shall take measures to protect regions representing various types Article 18. Within the scenic spots or historic sites, nature reserves and other zones that need special protection, as designated 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 Article 21. The State Council and the people’s governments at various levels in coastal areas shall provide better protection for 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 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 Article 25. For the technological transformation of newly-built industrial enterprises and existing industrial enterprises, Article 26. Installations for the prevention and control of pollution at a construction project must be designed, built and commissioned Installations for the prevention and control of pollution shall not be dismantled or left idle without authorization. Article 27. Enterprises and institutions discharging pollutants must report to and register with the relevant authorities in accordance Article 28. Enterprises and institutions discharging pollutants in excess of the prescribed national or local discharge standards The income derived from the fee levied for the excessive discharge of pollutants must be used for the Article 29. If an enterprise or institution has caused severe environmental pollution, it shall be required to eliminate and control For enterprises and institutions directly under the jurisdiction of the Central Government or the people’s government Article 30. A ban shall be imposed on the importation of any technology or facility that fails to meet the requirements specified Article 31. Any unit that, as a result of an accident or any other exigency, has caused or threatens to cause an accident of 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 Article 33. The production, storage, transportation, sale and use of toxic chemicals and materials containing radioactive substances must Article 34. No unit shall be permitted to transfer a production facility that causes severe pollution for use by a unit that
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 (1) refusing an on-site inspection by the competent department of environmental protection administration (2) refusing to report or submitting a false report on items for which declaration is required by the competent (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 (5) transferring a production facility that causes severe pollution for use by a unit that is unable to prevent and control Article 36. When a construction project is commissioned or put to use in circumstances where facilities for the prevention and control Article 37. A unit which dismantles or leaves idle the installations for the prevention and control of pollution without prior Article 38. An enterprise or institution which violates this Law, thereby causing an environmental pollution accident, shall be Article 39. An enterprise or institution that has failed to eliminate or control pollution by the deadline as required shall, as provided The fine as specified in the preceding paragraph shall be decided by the competent department of environmental Article 40. A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification Article 41. A unit that has caused an environmental pollution hazard shall have the obligation to eliminate it and make compensation to A dispute over the liability to make compensation or the amount of compensation may, at the request of the If environmental pollution losses result solely from irresistable natural disasters which cannot be averted even after Article 42. The limitation period for prosecution with respect to compensation for environmental pollution losses shall be Article 43. If a violation of this Law causes a serious environmental pollution accident, leading to the grave consequences of Article 44. Whoever, in violation of this Law, causes damage to natural resources like land, forests, grasslands, water, minerals, fish, Article 45. Any person conducting supervision and management of environmental protection who abuses his power, neglects his duty
CHAPTER VI SUPPLEMENTARY PROVISIONS Article 46. If an international treaty regarding environmental protection concluded or acceded to by the People’s Republic Article 47. This Law shall enter into force on the date of promulgation. The Environmental Protection Law of the People’s
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CIRCULAR FOR STRENGTHENING THE CONTROL OF BORROWING INTERNATIONAL COMMERCIAL LOANS
PROVISIONS CONCERNING THE ADMINISTRATION OF ACHIEVEMENTS IN SURVEY AND DRAWING
| Category | URBAN AND RURAL CONSTRUCTION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-03-21 | Effective Date | 1989-05-01 |
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Provisions of the People’s Republic of China Concerning the Administration of Achievements in Survey and Drawing |
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(Promulgated by Decree No. 32 of the State Council of the People’s
Republic of China on March 21, 1989 and effective as of May 1, 1989)
Article 1 These Provisions are formulated with a view to strengthening
the administration of achievements in survey and drawing, ensuring the
rational use of achievements in survey and drawing, and increasing the
economic and social benefits of survey and drawing so as to render a better
service in socialist modernization.
Article 2 The “achievements in survey and drawing”, as mentioned in these
Provisions, refer to the following achievements in basic survey and drawing
and in specialized survey and drawing that are completed on land, at seas and
oceans, and in space:
(1) the data and pictures from astronomical survey, geodetic survey,
geodetic survey completed on artificial satellites, and gravitational survey;
(2) the data, recorded on negatives and magnetic tapes, that are collected
from aerial survey and airborne remote sensing survey;
(3) various kinds of maps (including topographic maps, ordinary maps, land
registry maps, sea charts, and other relevant specialized maps);
(4) the data and pictures from engineering survey;
(5) other relevant geographical data; and
(6) technical data directly related to achievements in survey and drawing.
Article 3 The competent authorities for the administration of survey and
drawing under the State Council shall be in charge of the administration of
and supervision over the achievements in survey and drawing of the whole
country, and shall also be responsible for the organizational work for the
reception, collection, sorting out, storage, and provision for use, on a
nationwide scale, of the achievements in basic survey and drawing and the
relevant achievements in specialized survey and drawing.
The competent authorities for the administrition of survey and drawing
under the people’s governments of various provinces, autonomous region, and
municipalities directly under the Central Government shall be in charge of the
administration of and supervision over the achievements in survey and drawing
within their respective admistrative areas, and shall also be responsible for
organizational work for the reception, collection, sorting out, storage, and
provision for use, within their respective admistrative areas, of the
achievements in basic survey and drawing and the relevant achievements in
specialized survey and drawing.
The departments concerned under the State Council and the departments
concerned under the people’s governments of various provinces, autonomous
regions, and municipalities directly under the Central Government shall be
responsible for the administration of the achievements in specialized survey
and drawing of their respective departments.
The competent authorities for the administration of survey and drawing in
the armed forces shall be responsible for the administration of the
achievements in survey and drawing in military departments.
Article 4 With respect to achievements in survey and drawing, scientific
administration shall be practised, rules and regulations be instituted and
perfected and modern scientific and technical means be employed so as to
provide the achievements for timely, accurate, safe and convenient use.
Article 5 The achievements in survey and drawing shall, in light of their
different natures – those open to the public (i.e. to be openly used, or
openly published), and those kept from the public (i.e. to be used only within
restricted departments, or kept confidential), be administered in accordance
with the relevant requisitions of the State.
Article 6 The security classification, adjustment, and
declassification of achievements in basic survey and drawing shall be
promulgated by the competent authorities for the administration of survey and
drawing under the State Council after the competent authorities for the
administration of survey and drawing under the State Council and the competent
authorities for the administration of survey and drawing in the armed forces
have jointly consulted with the competent authorities for guarding secrets of
both the State and the armed forces.
The security classification, adjustment, and declassification of
achievements in specialized survey and drawing shall be determined by the
department concerned for the administration of achievements in specialized
survey and drawing and they shall also be reported to the competent
authorities for the administration of survey and drawing at the same level for
the record; and their classes of security shall not be lower than those of the
originally used geographical base maps and of other achievements in basic
survey and drawing.
Various departments and units must, in using classified achievements in
survey and drawing, carry out administration in accordance with the relevant
laws and regulations of the State on guarding secrets. In the event that
classified achievements in survey and drawing have to be used openly, they
must go through the process of declassification in accordance with the
relevant regulations of the State.
The destruction of classified achievements in survey and drawing shall be
approved by the person in charge of the competent authorities at or above the
county level of the user unit of the said achievements in survey and drawing.
The classified achievements in survey and drawing to be destroyed shall be
duly registered and recorded, and then destroyed under supervision; and the
destruction shall also be reported, for the record, to the administrative
department that had provided the said achievements.
Article 7 With respect to the achievements in basic survey and drawing
and the relevant achievements in specialized survey and drawing made by the
departments concerned under the State Council and by the local departments
concerned, the departments mentioned above must submit annually, in accordance
with pertinent provisions, to the competent authorities for the administration
of survey and drawing under the State Council or to the competent authorities
for the administration of survey and drawing under the people’s governments
of various provinces, autonomous regions, and municipalities under the Central
Government, a catalogue or its duplicate listing the following achievements:
(1) a catalogue and its duplicate (one copy of each) of the data and
pictures from astronomical survey, geodetic survey, geodetic survey completed
on artificial satellites, and gravitational survey;
(2) a catalogue (one copy) of the data, recorded on negatives and magnetic
tapes, that are collected from aerial survey and airborne remote sensing
survey;
(3) a catalogue (one copy) of topographic maps, ordinary maps, land
registry maps, sea charts, and other important specialized maps;
(4) various kinds of officially printed maps (in duplicate);
(5) a catalogue (one copy) of the data and pictures collected from survey
of important engineering projects.
Article 8 The achievements – made in survey and drawing by foreigners
independently or in cooperation with the departments concerned of the People’s
Republic of China, within the territory of the People’s Republic of China, or
outside the land territory of China, in the sea areas that are under the
jurisdiction of the People’s Republic of China, with the approval of the
goverment of the People’s Republic of China or the approval of a department
authorized by it – shall be administered in accordance with these Provisions.
The propretary rights of the aforesaid achievements are stipulated as follows:
(1) the achievements made in survey and drawing by foreigners
independently or in cooperation with the departments concerned of the People’s
Republic of China within the territory of the People’s Republic of China shall
all belong to the People’s Republic of China;
(2) the achievements made in survey and drawing by foreigners in
cooperation with the departments concerned of the People’s Republic of China,
outside the land territory of China, in the sea areas under the jurisdiction
of the People’s Republic of China shall, on the premise of not violating these
Provisions, be shared between the two parties concerned in accordance with the
stipulations in the relevant contract;
(3) with respect to those achievements made in survey and drawing by
foreigners independently outside the land territory of the People’s Republic
of China, in the sea areas under the jurisdiction of the People’s Republic of
China, the aforesaid foreigners must provide the competent authorities for the
administration of survey and drawing of the People’s Republic of China with a
duplicate or a reproduction of all the achievements made in their survey and
drawing.
Article 9 Where a unit has the necessity to make use of the achievements
in basic survey and drawing made by other provinces, autonomous regions, or
municipalities directly under the Central Goverment, the said unit shall go
through the procedures for the use of the aforesaid achievements in survey and
drawing by presenting an official letter written by the competent authorities
for the administration of achievements in survey and drawing of the province,
autonomous region, or municipality directly under the Central Goverment where
the unit is located, to the competent authorities for the administration of
achievements in survey and drawing of the province, autonomous region, or
municipality directly under the Central Government where the achievements have
been made.
Where a unit has the necessity to make use of the achievements in
specialized survey and drawing of other provinces, autonomous regions, or
municipalities directly under the Central Government, the case shall be
handled in accordance with the procedures stipulated by the department, under
whose administration the aforesaid achievements in specialized survey and
drawing are placed.
Article 10 Where a military department has the necessity to make use of
the achievements in survey and drawing made by government departments, the
case shall be handled in a unified manner by the competent authorities for the
administration of achievements in survey and drawing under the Headquarters of
the General Staff, or by the competent authorities for the administration of
achievements in survey and drawing under military region or the services, in
cooperation with the competent authorities for the administration of
achievements in survey and drawing under the people’s governments of the
various provinces, autonomous regions, and municipalities directly under the
Central Government.
Where a government department or a unit has the necessity to make use of
the achievements in survey and drawing made by military departments, the case
shall be handled by the competent authorities for the administration of
achievements in survey and drawing under the State Council, or by the
competent authorities for the administration of achievements in survey and
drawing under the people’s governments of the various provinces, autonomous
regions, or municipalities directly under the Central Government, in
cooperation with the competent authorities for the administration of
achievements in survey and drawing under the Headquarters of the Central
Staff, or with the competent authorities for the administration of
achievements in survey and drawing under military region or the services.
Article 11 The compent authorities for achievements in survey and drawing
shall be responsible for the quality control and administration of the
achievements in survey and drawing made within the boundaries of their own
administration areas. The achievements in survey and drawing made by the
various departments and units concerned must be subject to the procedures for
checking up and acceptance; and only those which are up to the standard shall
be provided for use.
Article 12 The provisions of achievements in survey and drawing shall be
non-gratutous. The procedures and the rate of fees for the non-gratutous
provision of achievements in survey and drawing shall be stipulated
seperately, after consultation with the administrative department for the
achievements in survey and drawing in question, by the competent authorities
for the administration of achievements in survey and drawing under the State
Council in conjunction with the competent authorities for the administration
of commodity prices.
Article 13 Achievements in survey and drawing shall not be duplicated,
transferred or lent out without permission. Where it is truely necessary to
duplicate, transfer or lend out achievements in survey and drawing, the
approval from the department that is to provide the needed achievements in
survey and drawing must be obtained; where the classified achievements in
survey and drawing are duplicated, they must be subjected to the
administration corresponding to the original security class.
As regards achievements in survey and drawing made through entrustment by
unit, the trustee unit may not duplicate, reprint, transfer, or publish the
said achievements without the permission of the entrusting unit.
Article 14 When a department concerned under the State Council provides
a foreign party with achievements in survey and drawing of the People’s
Republic of China that have not yet become open, the said department must
submit the case, for approval, to the competent authorities for the
administration of achievements in survey and drawing. When a local department
or unit concerned provides a foreign party with achievements in survey and
drawing of the People’s Republic of China that have not yet become open, the
said department or unit must submit the case, for approval, to the competent
authorities for the administration of achievements in survey and drawing under
the people’s government of a province, an autonomous region, or a municipality
directly under the Central Government. In order to safeguard the security and
secrets of important military installations, the specific measures for all
units which submit for examinations any achievements in survey and drawing to
be provided for the use of a foreign party and that have not yet become open
shall comply with the pertinent provisions of the State Council.
Article 15 The important geographical data (including position, altitude,
depth, area, and length) collected in the territory of the People’s Republic
of China and in sea areas under the jurisdiction of the People’s Republic of
China, shall be submitted, for examination and verification, to the competent
authorities for the administration of achievements in survey and drawing under
the State Council, and then to the State Council for approval before they are
published by the State Council or by its authorized agencies.
Article 16 Units and individuals that have made great contributions to,
or achieved remarkable results in, the administration of achievements in
survey and drawing shall be commended or rewarded.
Article 17 If the inferior quality of the achievements in survey and
drawing has resulted in losses on the part of the user, the unit that has
undertaken the said survey and drawing shall compensate for the direct
economic losses mentioned above, and be responsible for conducting
supplementary survey and drawing; if the case is serious, the competent
authorities for the administration of avhievements in survey and drawing
shall impose a fine on the said unit or revoke its corresponding
qualifications for survey and drawing.
article 18 any unit that has committed one of following acts shall be
given administrative sanctions in accordance with the following provisions:
(1) with respect to a unit which, in violation of the state privisions on
the rate of fees for the provision of achievements in survey and drawing, has
raised and collected without authorization the charges for achievements in
survey and drawing, the illegal gains of the said unit shall be confiscated
in accordance with the provisions of the Regulations of the People’s Republic
of China on the Control of Prices, and a fine equal to 3 to 5 times the said
illegal gains may be imposed concurrently;
(2) with respect to a unit which has been held responsible for a major
divulgence of classified achievements in survey and drawing, the competent
authorities for the administration of achievements in survey and drawing shall
issue a circular criticizing the said unit, and the responsibilities of the
person-in-charge of the said unit shall be investigated in accordance with the
provisions of Article 19 of these Provisions;
(3) with respect to a unit which has duplicated, transferred, or lent out
achievements in survey and drawing without the approval from the department
that provides the said achievements, the competent authorities for the
administration of achievements in survey and drawing shall issue a circular
criticizing the said unit, and a fine may also be imposed concurrently.
Article 19 An individual who has committed any of the following acts
shall be given administrative sanction by the unit where he/she work, or by
its higher competent authorities; if the act has constituted a crime, the
criminal responsibilities of the offender shall be investigated by judicial
organs according to law:
(1) an individual who has lost classified achievements in survey and
drawing, or who is held responsible for the divulgence of secret achievements
in survey and drawing;
(2) an individual who, in violation of the stipulation in Article 14 of
these Provisions regarding the procedures for examination and approval, has
provided without permission a foreign party with achievements in survey and
drawing that have not yet become open;
(3) the administrative personel who have failed to carry out their duties
in safeguarding achievements in survey and drawing and caused great losses or
damage to the achievements in survey and drawing; or they have provided,
without permission, those achievements that have not yet become open;
(4) an individual who has lost achievements in survey and drawing or
divulged secrets in this regard and caused serious consequences, and the
person-in-charge of the unit who fails to investigate and deal with such
incidents.
Article 20 If a party concerned refuses to accept the decision on
administrative sanction, he/she may, within 15 days from the next day of the
receipt of the notification on the administrarive sanction, apply for
reconsideration to the competent administrative department at a higher level
than the department that has made the said administrative sanction; if the
said party does not accept the decision made after the reconsideration,
he/she may, within 15 days from the next day of the receipt of the
reconsideration decision, bring a suit before a people’s court; the party
concerned may also directly bring a suit before a people’s court within 15
days beginning from the second day of the receipt of the sanction decision;
if the party concerned neither brings a suit before the court, nor carries
out the sanction decision, the competent administrative department that made
the sanction decision shall apply to the people’s court for compulsory
enforcement.
Article 21 The people’s governments of the provinces, autonomous regions,
and municipalities directly under the Central Government, the departments
concerned under the State Council, and the armed forces may formulate rules
for the implementation of these Provisions in accordance with these Provisions
and in the light of their respective conditions.
Article 22 The rights to interpret these Provisions shall reside in the
competent authorities for the administration of survey and drawing under the
State Council.
Article 23 These Provisions shall go into effect on May 1, 1989.
INTERIM PROVISIONS CONCERNING COMPENSATION FOR BODILY INJURY OF PASSENGERS IN DOMESTIC AIR TRANSPORT
| Category | CIVIL AVIATION | Organ of Promulgation | The State Council | Status of Effect | With An Amendment Existing |
| Date of Promulgation | 1989-02-20 | Effective Date | 1989-05-01 |
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Interim Provisions Concerning Compensation for Bodily Injury of Passengers in Domestic Air Transport |
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(Adopted at the 31st Executive Meeting of the State Council on January 3,
1989, promulgated by Decree No. 28 of the State Council of the People’s
Republic of China on February 20, 1989 and become effective as of May 1, 1989)
(Editor’s Note: For the revised text, see Decision of the State Council on
Revising the Interim Provisions Concerning Compensation for Bodily Injury of
Passengers in Domestic Air Transport promulgated November 29, 1993)
Article 1 These Provisions are formulated for the purpose of defining the
civil liability that domestic air carriers shall bear for the bodily injury of
passengers.
Article 2 These Provisions shall apply to the compensation for the bodily
injury of passengers that occur in domestic air passenger transportation.
The term “domestic air passenger transportation” referred to in the
preceding paragraph denotes any air passenger transportation in which,
according to the contract of carriage, the place of departure, the agreed
stops, and the destination are all within the territory of the People’s
Republic of China.
Article 3 The carriers shall be liable for compensation for death and
injury sustained by passengers on board an aircraft or in the course of
embarkation or disembarkation.
Article 4 The carriers shall not be liable for compensation provided they
can prove that death or injury of passengers is caused by force majeure or by
the passengers’ own health conditions.
Article 5 The carriers’ liability to pay compensation may be reduced or
exempted provided they can prove that the death or injury of passengers is
caused by the negligence or wilful misconducts on the part of the passengers
themselves.
Article 6 The maximum amount of compensation shall be 20,000 Renminbi
yuan for each individual passenger, for which the carriers are liable for
compensation as under these Provisions.
Article 7 Passengers may at their own discretion to cover with an
insurance company an insurance against accidental bodily injury in air
transportation. The payment of the insurance indemnity, however, shall not
exempt or reduce the amount of compensation that the carriers shall be liable
for paying.
Article 8 Compensation paid to foreigners, overseas Chinese, compatriots
from Hong Kong and Macao, and compatriots from Taiwan may be converted into
the currency of the country or region concerned and the rate of exchange shall
be decided as per the listed rate of exchange officially published by the
state administrative department for control of foreign exchange of the
People’s Republic of China on the day on which the compensation is paid.
Article 9 In the event that a dispute with respect to the compensation
for injury arises between the passengers or their heir and the carrier, they
may file a suit with the people’s court.
Article 10 The Civil Aviation Administration of China shall be
responsible for the interpretation of these Provisions.
Article 11 These Provisions shall become effective as of May 1, 1989
and the Regulations Concerning Compulsory Insurance Against Accidental Injury
for Air Passengers promulgated by the Financial & Economic Commission of the
Administration Council of the People’s Republic of China on April 24, 1951
shall be nullified simultaneously.
CIRCULAR OF THE STATE COUNCIL ON STRENGTHENING THE ADMINISTRATION OF THE OBTAINING OF INTERNATIONAL COMMERCIAL LOANS
| Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-01-12 | Effective Date | 1989-01-12 |
|
Circular of the State Council on Strengthening the Administration of the Obtaining of International Commercial Loans |
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The following Circular is issued, in accordance with the requirements of
the Central Authorities concerning the improvement of the economic environment,
the straightening out of the economic order and the deepening of the reform,
for the purpose of strengthening the administration over the obtaining of
international commercial loans.
1. It is imperative to control the scale of borrowing from abroad. The
various localities and departments shall act in strict accordance with the
State plan for the use of foreign funds. No departments or units may, without
authorization, obtain from abroad any kind of international commercial loans
or borrow money from the Chinese institutions and banks operating abroad, if
such obtaining or borrowing is not included in the State plan for the use of
foreign funds and is not approved by the head office of the People’s Bank of
China. Without the approval of the department for control of foreign exchange,
no loans may be deposited abroad. If any party contracts a loan without
authorization, the contract therefor shall not go into effect, the department
for control of foreign exchange, shall not handle the registration for the
foreign loan obtained, the bank shall not open a foreign exchange account for
the loan, and the principal of the loan and the interest thereon may not be
remitted abroad.
2. It is imperative to exercise administration over the balance of
short-term international commercial loans obtained and, without the approval
of the State, no quota of balance that has been verified and approved may be
exceeded. Any part that exceeds the amount of the balance shall, within half a
year as of the date of the promulgation of this Circular, be readjusted so
that the balance shall be within the quota verified and approved, failing
which the local department for control of foreign exchange shall deduct a
corresponding amount from the foreign exchange the party concerned is
enpost_titled to retain or shall compulsorily make use of the party’s quota of
medium-term and long-term international commercial loans for the repayment
of the loan. A short-term loan obtained from abroad may only be used for the
turnover of the circulating funds and may not be used for investment projects
in fixed assets.
3. The issuance abroad of bonds shall, within the framework of the State
plan for the use of foreign funds, be handled by a financial institution that
has been authorized by the People’s Bank of China to issue bonds. All
bond-issuing units must, prior to the issuance, apply to the People’s Bank of
China for approval in strict accordance with the Provisions Concerning the
Administration of the Issuance of Bonds Abroad by Domestic Chinese
Institutions promulgated by the People’s Bank of China. Any government
departments that are to issue bonds in the international market shall apply
to the State Council of the People’s Republic of China for approval. Without
the approval, no negotiations with the foreign parties concerned shall be
conducted. The People’s Bank of China shall do a good job of co-ordination
for the domestic bond-issuing institutions to enter the international market
for the issuance of bonds and examine carefully their credentials for issuing
bonds abroad.
4.It is imperative to strengthen the administration of guarantee of
foreign exchange. Guarantee of foreign exchange not only concerns China’s
international prestige but also involves the commitments to repay foreign
debts. It is imperative to strictly implement the Interim Measures for the
Administration of Guarantee of Foreign Exchange Provided by Domestic
Institutions promulgated by the People’s Bank of China. An enterprise that
is to provide such guarantee shall have a sufficient amount of foreign
exchange of its own as a guarantee and the total amount guaranteed may not
exceed the amount of funds of its own in foreign exchange. The sum of the
total amount of the guarantee of foreign exchange provided by a non-financial
institution and its total amount of foreign liabilities may not exceed the
ceiling prescribed by the People’s Bank of China. Without the approval of the
State Administration of Foreign Exchange Control, no domestic institutions
may provide guarantee of foreign exchange for institutions abroad. No
government departments or institutions may provide guarantee of foreign
exchange for parties abroad.
5. It is imperative to examine the projects of loans strictly. With
respect to a project which requires a medium or long-term international
commercial loan, the borrower unit shall, prior to the borrowing, conduct
careful feasibility studies as to the capability to repay and the economic
returns of the project and make sure that the obligations to repay are
undertaken and that the project is subject to strict evaluation by a
financial institution. No international commercial loans may be obtained
for a project which has not been established as an item for processing and
approved by the State planning department and for which the supporting funds
in Renminbi are not vet available and the conditions such as energy supply
and communication facilities are not yet present. No international commercial
loans may be obtained for projects of construction which are not included
in the State plan. With respect to a loan obtained from abroad by a domestic
unit, the foreign exchange thus obtained may in general not be used as
mortgage for loans in Renminbi and may not enter the market for regulating
foreign exchange. Where special need arises, the case shall be submitted to
the State Administration of Foreign Exchange Control for approval.
6. It is imperative to place a strict control on the number of windows
for external borrowing. Apart from the ten existing windows designated by
the State, i.e. the Bank of China, the Communications Bank, China
International Trust and Investment Corporation, the Investment Bank of China,
the Guangdong International Trust and Investment Corporation, the Fujian
Investment Enterprise Corporation, the Hainan International Trust and
Investment Corporation, the Investment and Trust Corporation of the Shanghai
Municipality, the International Trust and Investment Corporation of the
Tianjin Municipality and the Dalian International Trust and Investment
Corporation, no other windows for borrowing from abroad shall be approved.
Other localities, departments or units that intend to obtain international
commercial loans shall apply to the People’s Bank of China on the basis of
one application for one loan or a special application for a special loan.
The People’s Bank of China shall conduct conscientiously the work of clearing
up and rectification in the units that have borrowed from abroad. The various
windows for borrowing from abroad and the units that have been permitted by
the People’s Bank of China to obtain international commercial loans shall
handle the borrowing procedures in accordance with the relevant provisions of
the People’s Bank of China.
7. It is imperative to further improve the registration of foreign loans
and the statistical monitoring system. All foreign loans, whether procured
directly from abroad or obtained indirectly at home, shall be incorporated
into the statistical monitoring system of the State for foreign loans and
registered as such so as to ensure that the State maintains macro-supervision
and control over the scale and structure of foreign loans. The State
Administration of Foreign Exchange Control shall expedite the formulation
of procedures governing the registration and statistical momitoring with
respect to foreign loans obtained indirectly at home. Any parties that fail
to go through the procedures of registration or delay doing so shall be
penalized in strict accordance with the relevant provisions.
8. It is imperative to arrange the structure of foreign loans rationally.
The State Administration of Foreign Exchange Control and other departments
concerned shall make a timely study of such problems involved in a loan as the
kind of currency, the interest rate, the term, the mode of borrowing, the
country of origin, and the market situation and submit proposals to the State
Council of the People’s Republic of China. The People’s Bank of China shall
expedite the formulation of Procedures for the Administration of International
Commercial Loans so as to strengthen the work of examination and approval
and the work of administration.
People’s governments at various levels and the various departments shall
strictly implement the provisions of this Circular, earnestly place on their
agenda the work of administration in their own localities and departments
with respect to foreign loans, see to it that loans, obtained from abroad are
used properly and efficiently, and ensure that the loans are repaid within
the prescribed time so as to maintain the international prestige of our
country. Departments for control of foreign exchange at various levels shall
strengthen supervision, inspection and guidance with respect to the obtaining
of foreign loans and shall report on the situation in good time. The State
Council of the People’s Republic of China hereby authorizes the departments
for control of foreign exchange to deal severely with those that violate the
State provisions concerning the administration of foreign loans in accordance
with the relevant provisions and investigate the liability of persons directly
responsible and of the leaders concerned.
This Circular shall not apply to enterprises with foreign investment.
INTERIM PROVISIONS CONCERNING ADMINISTRATION OF FOREIGN CHAMBERS OF COMMERCE
MEASURES FOR THE CONTROL OF RADIOACTIVE DRUGS
| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-01-13 | Effective Date | 1989-01-13 |
|
Measures for the Control of Radioactive Drugs |
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Chapter I General Provisions
Chapter II Examination and Approval for the Development and Clinical
Chapter III The Production, Sales, Import and Export of Radioactive Drugs
Chapter IV The Packaging and Shipment of Radioactive Drugs
Chapter V The Use of Radioactive Drugs
Chapter VI The Standards for Radioactive Drugs and Their Testing
Chapter VII Supplementary Provisions
(Promulgated by Decree No. 25 of the State Council of the People’s
Republic of China on January 13, 1989 and effective as of the date of
promulgation)
Chapter I General Provisions
Article 1 These Measures are formulated to strengthen the control of
radioactive drugs in accordance with Pharmaceutical Administration Law of the
People’s Republic of China (hereinafter referred to as the Pharmaceutical
Administration Law).
Article 2 “Radioactive drugs” refer to any forms of radionuclide or their
tagged drugs that are used for clinical diagnosis or in radiotherapy.
Article 3 All units or individuals in the People’s Republic of China are
required to abide by these Measures when they are engaged in research work,
production, business, transportation, consumption, examination, supervision
and administration work related to radioactive drugs.
Article 4 The Ministry of Public Health is in charge of the supervisory
and administrative work of radioactive drugs while the Ministry of Energy is
in charge of the administration work concerning the production and sale of
radioactive drugs.
Chapter II Examination and Approval for the Development and Clinical
Research of New Radioactive Drugs
Article 5 “New radioactive drugs” refer to those radioactive drugs that
are made in China for the first time. The annual plan of any drug research
units for the development of new radioactive drugs must be submitted both to
the Ministry of Energy for the record and to the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Government) level. Then an itemized plan made by the latter shall
be presented to the Ministry of Public Health for the record.
Article 6 The development of a new kind of radioactive drug includes the
research work in technological process, quality requirements,
preclinicopharmacological study and clinical study.
The research unit, when designing the technological process for a new
drug, must study the physical and chemical properties, purity (including
pureness of radionuclide), testing method, pharmacology, toxicity, nuclein
animal dynamics, radiospecific activity, dosage, pharmaceutical forms and
stability of that radioactive drug. Furthermore, the research unit must make a
study of radio-immunity analysis container with respect to its scalability,
range, specificity, accuracy, precision and stability.
New kinds of radioactive drugs shall be classified in accordance with the
provisions for the examination and approval of new pharmaceuticals.
Article 7 Before the newly developed radioactive drug is put to clinical
test or verification, an application together with the data and sample must be
submitted to the Ministry of Public Health in accordance with the provisions
for the examination and approval of new pharmaceuticals.
The newly developed radioactive drug may be used for clinical study at an
appointed hospital only after its application has been examined and approved
by the Ministry of Public Health.
Article 8 After completion of clinical study of a newly developed
radioactive drug, the research unit must submit an application to the Ministry
of Public Health for examination and approval.
The latter shall consult the Ministry of Energy before granting a New
Drug License.
Article 9 Before a newly developed radioactive drug is put to production,
the production unit or the research unit that holds a license for the
production of radioactive drugs must submit an application together with a
copy of New Drug License and sample to the Ministry of Public Health. After
examination and verification, the Ministry of Public Health shall issue them
document of approval.
Chapter III The Production, Sales, Import and Export of Radioactive Drugs
Article 10 The enterprises that produce or sell radioactive drugs are
required to submit their production plan and business plan to the Ministry of
Energy and a duplicate to the Ministry of Public Health.
Article 11 The State shall, according to the actual conditions, make sure
that radioactive drugs be produced at designated pharmaceutical factories
which shall be located rationally over the country. Applications for the
setting up of any enterprises to produce or sell radioactive drugs must be
approved by the Ministry of Energy before the preparations start in accordance
with related provisions.
Article 12 Requirements for the setting up of enterprises to produce or
sell radioactive drugs are that they must have the necessary conditions as
stipulated in Article 5 of the Pharmaceutical Administration Law and that they
must meet the essential standard of radio hygiene protection set by the State.
They are also required to submit a report on environment impact to the
Ministry of Energy and the Ministry of Public Health for examination and
approval and then the health administration department in their province,
autonomous region or municipality directly under the Central Government shall
issue them “License for the Production Enterprise of Radioactive Drugs”,
“License for the Business Enterprise of Radioactive Drugs”. No enterprises
without the license shall be permitted to engage in the production or sale of
radioactive drugs.
Article 13 The term of validity of “License for the Production
Enterprise of Radioactive Drugs” and “License for the Business Enterprise of
Radioactive Drugs” is five years. If needed, the enterprises engaged in the
production or sale of radioactive drugs shall make a new application six
months before the expiration to the health administration department which
shall, in accordance with Article 12 of these Provisions, issue them a new
license.
Article 14 Before an approved pharmaceutical enterprise produces
radioactive drugs with specifications already set by the State, it must
forward an application which has to be examined and approved by the Ministry
of Public Health in conjunction with the Ministry of Energy. If any changes in
the technological process and specifications of the drugs previously approved
by the Ministry of Public Health are to be made, the pharmaceutical factory
shall be required to go through the same procedures for approval.
Article 15 The production and business enterprises of radioactive drugs
are required to employ technical personnel who are qualified for the work and
to have safety and protection facilities as well as waste gas, liquid and
material disposal facilities. They must also have a strict quality control
system.
Article 16 The production and business enterprises of radioactive drugs
are required to set up quality inspection offices. The entire process of
production must be put under strict qualify control and inspection.
All radioactive drugs are subject to quality testing. Only the products
that meet the State pharmaceutical standard shall be allowed to be shipped out
from the factories. Products that are not up to the standard are not allowed
out of the factory.
As for the drugs with short half-life radionuclide previously approved by
the Ministry of Public Health, they may be shipped out from the factory while
having sample testing. If the drugs are found to be below the State
pharmaceutical standard, the factory must stop the production and sale of the
drugs immediately and inform consuming units to stop using the drugs without
delay. A report about the case must be submitted to both the Ministry of
Public Health and the Ministry of Energy.
Article 17 The production, supply and sale of radioactive drugs are under
the unified administration of the Ministry of Energy.
When ordering these stuff, the pharmaceutical factory must furnish a
License for the Production Enterprise of Radioactive Drugs while the business
unit must present a License for the Business Enterprise of Radioactive Drugs
issued by the health administration department at the provincial, autonomous
regional or municipal (directly under the Central Government) level. As for
the medical treatment unit, they must order these drugs with a License for the
Use of Radioactive Drugs jointly issued by the public security department, the
environment protection department and health administration department at the
provincial, autonomous regional or the municipal (directly under the Central
Government) level.
Article 18 The import and export business of radioactive drugs shall be
handled by the units appointed by the Ministry of Foreign Economic Relations
and Trade in accordance with the State provisions related to foreign trade.
Prior to the import or export of radioactive drugs, an application must be
made and be examined and approved by the Ministry of Public Health. Imported
radioactive drugs are required to meet the State standards for pharmaceuticals
or other medical requirements.
Article 19 Imported radioactive drugs are subject to sample examination
by the State Administration for the Inspection and Testing of Pharmaceuticals
and Biological Products or by an inspection and testing institution of
pharmaceuticals authorized by the Ministry of Public Health. Only those drugs
that have met the State standards are allowed to be imported.
As for the drugs with short half-life radionuclide previously approved by
the Ministry of Public Health, they may be put to use upon being shipped in
while having import inspection. If the import inspection unit finds the
quality of imported drugs not up to the standard, they must inform the
consuming units promptly to stop using the drugs. A report about the quality
problem must be submitted to both the Ministry of Public Health and the
Ministry of Energy.
Chapter IV The Packaging and Shipment of Radioactive Drugs
Article 20 The packaging of radioactive drugs must be safe and reliable,
and up to the standards for the quality requirements of radioactive drug.
There must be protection devices that will match different radio dosages. The
packaging is required to consist of packing and inner packaging. There must be
trade mark, label, specifications and marker of radioactive drugs on the
packing and a label on the inner packaging. On the label there must be name of
the drug, radiospecific activity and packings.
The specifications must indicate the name of the producer, license number,
batch number, main composition, date of manufacture, half-life of
radionuclide, indications, administration, dosage, contraindication, expiry
date and precautions in addition to name of the drug, radiospecific activity
and packings.
Article 21 The shipment of radioactive drugs shall be handled in
accordance with the rules formulated by the State transportation and postal
departments. No unit or person shall be allowed to carry along radioactive
drugs on any means of public transportation.
Chapter V The Use of Radioactive Drugs
Article 22 If a medical treatment unit desires to set up a radiologic
department or a radioisotope department, it is required to employ technical
personnel who are qualified for radiotherapeutic work after special technical
training. Without prior technical training no personnel shall be allowed to
use the drugs in radiotherapy.
Article 23 When a medical treatment unit uses radioactive drugs, it must
observe the rules formulated by the State concerning radioisotope hygiene and
protection. The health administration department, the public security
department and the environment protection department at provincial, autonomous
regional or municipal (directly under the Central Government) level shall
issue a certain grade of License for the Use of Radioactive Drugs according to
technical skill and professional level of the radiological personnel and
equipment of the medical treatment unit. No medical treatment unit without a
license is allowed to use radioactive drugs clinically.
The term of validity of a License for the Use of Radioactive Drugs is 5
years. If needed, the medical treatment unit must make a new application 6
months before the expiration of its license to the health administration
department which, after examination and verification shall issue it a new
license.
Article 24 Before a medical treatment unit holding a License for the Use
of Radioactive Drugs starts the preparation of any forms of radioactive drug
for clinical use, it is required to submit an application with the data
concerning pharmacology and toxicity of the radioactive drug, according to the
characteristics of the radioactive drug, to the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Government) level for approval and to the Ministry of Public
Health for the record. That form of radioactive drug can be used only in the
medical treatment unit.
Article 25 The medical treatment units that hold a License for the Use of
Radioactive Drugs are required to conduct clinical quality testing of the
radioactive drugs and find out their undesirable reactions and submit regular
reports to the health administration department. The health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Government) level shall then present an itemized report to the
Ministry of Public Health.
Article 26 Waste material of radioactive drugs (including patients’
excrement) must be properly disposed of in accordance with the State
regulations.
Chapter VI The Standards for Radioactive Drugs and Their Testing
Article 27 The Pharmacopoeia Commission under the Ministry of Public
Health is entrusted to formulate and revise the State standards for
radioactive drugs and then submit it to the Ministry of Public Health for
examination and approval before it is promulgated.
Article 28 The State Administration for the Inspection and Testing of
Pharmaceuticals and Biological Products or an inspection and testing
institution of pharmaceuticals authorized by the Ministry of Public Health is
entrusted to inspect and examine radioactive drugs.
Chapter VII Supplementary Provisions
Article 29 Any unit or individual that violates these Measures shall be
penalized by the health administration department at or above the county level
in accordance with the Pharmaceutical Administration Law and other rules and
regulations.
Article 30 The right to interpret these Measures resides in the Ministry
of Public Health.
Article 31 These Measures shall go into effect as of the date of
promulgation.
CONSTITUTION ACT, 1982 – page 22
