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1995

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

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  


Provisions of the People’s Republic of China Concerning the Administration of Achievements in Survey and Drawing



(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.





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NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.).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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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