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1995

REGULATIONS ON PREVENTION AND CURE OF AMBIENT NOISE POLLUTION

Category  ENVIRONMENTAL PROTECTION Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1989-09-26 Effective Date  1989-12-01 Date of Invalidation  1997-03-01


Regulations of the People’s Republic of China on Prevention and Cure of Ambient Noise Pollution

Chapter I  General Provisions
Chapter II  Standards of Ambient Noise and Monitor and Measure of Ambient
Chapter III  Provention and Cure of Industrial Noise
Chapter IV  Provention and Cure of Noise Pollution out of Construction
Chapter V  Provention and Cure of Noise Pollution from Communications
Chapter VI  Provention and Cure of Noise Pollution from Social Lives
Chapter VII  Legal Liabilities
Chapter VIII  Supplementary Provisions

(Adopted by the 47th Executive Meeting of the State Council on September

1, 1989, promulgated by Decree No.40 of the State Council of the People’s
Republic of China on September 26, 1989)(Editor’s Note: These Regulations
have been annulled by Law of the People’s Republic of China on the Prevention
and Control of Environmental Noise Pollution promulgated on October 29, 1996)
Chapter I  General Provisions

    Article 1  With a view to preventing and curing ambient  noise pollution,
ensuring for people a good living environment and safeguarding health of
people, the present Regulations are hereby formulated.

    Article 2  The term “ambient noise” mentioned in the present Regulations
refers to any sound that is produced in industrial production, construction,
transportation, and other social lives and that affects living environment
thereabout.

    The term “ambient noise pollution” mentioned in the present Regulations
refers to emission of the undesired ambient sound to such an extent that
exceeds the state prescribed standards of ambient sound and disturbs people’s
working, studying, living and other normal activities.

    Article 3  Any unit or individual whoever emits undesired ambient sound
within the territory of the People’s Republic of China shall comply with the
present Regulations.

    Article 4  The State Council and local people’s governments at different
levels shall include prevention and cure of ambient noise pollution in their
plans for state economy and society development and shall adopt countermoves
and measures to prevent and cure ambient noise pollution.

    Article 5  Local governments at different levels when formulating
construction programmes for cities, towns and villiages shall properly design
different functional areas and location of constructions, structions and roads
in such a way that prevents the future ambient noise from polluting the
environment and safeguards peace of the living environment.

    Article 6  Environmental protection departments of local governments at
different levels shall be responsible for unified supervision and
administration of prevention and cure of ambient noise pollution.

    Departments at different levels in charge of social security,
transportation, railway and civil aviation shall be responsible for
supervision and control of ambient noise emitted by motor- driven
vehicles, trains, ships and aircrafts respectively.

    Public security organs at different levels shall be resposible for
supervision and control of ambient noise emitted in social lives.

    Article 7  Any unit or individual shall have the duty to protect the
environment from noise pollution and shall have the right to report and charge
against any unit or individual who creates ambient noise pollution.

    Any unit or individual who is directly affected by ambient noise pollution
shall have the right to claim for alleviation and elimination of the harm of
ambient noise pollution.

    Article 8  The State shall encourage scientific research on provention
and cure of ambient noise pollution, spread advanced technology thereof and
improve science and technology on provention and cure of ambient noise
pollution.

    Article 9  The people’s government shall extend praise and reward to those
units and individuals who have made outstanding achivements in provention and
cure of ambient noise pollution.
Chapter II  Standards of Ambient Noise and Monitor and Measure of Ambient
Noise

    Article 10  The environment protection department of the State Council
shall formulate the national quality standards governing ambient noise.

    Local people’s governments at and above the county level shall, according
to prescriptions of diffenent national ambient noise quality standards
applicable to different districts, designate different environmental districts
within their own administrative regions.

    Article 11  The environment protection department of the State Council
shall formulate the national standards governing ambient noise emission
in accordance with the national ambient noise quality standards and in
light of economic and technological conditions.

    The people’s government of province, profecture or autonomous region may
in consideration of local needs formulate local standards governing ambient
noise emission of items which are not covered by the national standards; or
where necessity so arises and where economic and technological conditions so
permit formulate stricter local standards than the national ones on items
already included in the national standards. Local standards governing ambient
noise emission shall be submitted to the environment protection department of
the State Council for record.

    Whenever ambient noise is emitted in the living areas where local
standards governing ambient noise emission are available, the local standards
shall be complied with.

    Article 12  The environment protection department of the State Council
shall establish a system for monitoring and measuring ambient noise, organise
a net for monitoring and measuring ambient noise and formulate unified
methodology for monitoring and measuring ambient noise.

    Article 13  Wherever the ambient noise emission standards are exceeded,
effective measures shall be taken to bring the situation under control and a
fee shall be levied for pollution emission above nomal standards according to
corresponding state provisions. The fees so levied shall be used for the
purpose of provention and cure of ambient noise pollution.

    Article 14  Environment protection departments and other concerned
supervisory and administrative organs shall within their own territory
administration have the power to conduct on- the- spot investigations with any
unit or individual who has ambient noise imitted. The concerned unit and
individual shall report the true situation and supplyy necessary materials.
The investigator shall have the duty to keep confidential technological and
business secrets for the benefit of concerned unit or individual.
Chapter III  Provention and Cure of Industrial Noise

    Article 15  Any new construction, reconstruction or extension shall be
subject to corresponding state provisions regarding environment protection
with construction.

    The report of environmental implications of construction shall include
assessment of possible ambient noise emitted in the construction, provisions
on provention and cure measures and shall be submitted to environment
protection department for approval in accordance with prescribed procedures.

    Finished construction before being used for production or other purposes
shall have its facilities for proventing and curing noise pollution be subject
to the check- up of environment protection department and be deemed up to the
standard.

    Article 16  Wherever industrial noise is emitted to ambient living
environment, a report shall be submited to the environment protection
department of the local government for registration of all facilities that
emits noise, facilities for cure of noise pollution, types, number of noise
sources and intensity of the noise emitted under normal operation conditions;
and relevant materials concerning provention and cure of noise pollution
shall be supplied.

    In case there is a great change concerning the type, number of noise
sources and intensity of noise, it shall be reported in time. Dismantlement or
idling of facilities for cure of noise pollution shall be subject to approval
of environment protection department of the local people’s government.

    Article 17  Enterprises and institutions whenever having noise emitted
into ambient living environment shall comply with corresponding state
prescriptions of standards governing emission of ambient noise within limited
boundary.

    Article 18  Any enterprise or institution who has noise emitted in excess
of the state prescribed standards governing emission of ambient noise within
limited boundary and consequently creates serious environmental pollution
shall cure the situation within a limited time.

    The cure of noise pollution within a limited time by an enterprise or
institution under the auspices of the people’s government at or below the
municipal or county level shall be proposed by the environment protection
department of the municipal or county people’s government. The proposal shall
be submitted for approval to the people’s government at the same level. The
cure of noise pollution within a limited time by an enterprise or institution
under the direct auspices of relevant departments of the State Council or the
people’s government of province, autonomou regions or municipality under the
direct leadership of the central government shall be proprosed by the
environment protection department of the people’s government of province,
autonomous regions or municipality under the direct leadership of the central
government. The proposal shall be submitted for approval the people’s
government at the same level.

    Article 19  In case an enterprise which produces products of urgent
necessity to the national economy is unable to eliminate ambient noise
pollution through controll of noise sources due to actual economical or
technological restrictions, the enterprise shall adopt effect measures to
reduce the harm of noise pollution to a minimum and shall make an agreement
through negotiation with the organisation of suffered residents and other
relevant units opon other arrangements for protection of the rights and
interests of the victims subject to the approval of the local people’s
government.

    Article 20  Any unit who engages in activities with occasional emission of
strong noise shall in advance file an application with the environment
protection department of the local people’s government and the public security
organ, only after the obtainment of approval from which can such activities
be conducted.

    In advance to the occassional emission of strong noise the environment
protection department of the local people’s government and the public security
organ shall make a joint declaration to notify the public.
Chapter IV  Provention and Cure of Noise Pollution out of Construction

    Article 21  Any unit in charge of construction who has noise emitted into
ambient living environment shall comply with state prescribed standards
governing emission of ambient noise within limited boundary of construction.

    Article 22  In case facilities, equipments or other apparatus when used
in construction may create noise in excess to state prescribed standards
governing emission of ambient noise within limited boundary of construction,
a report shall be made 15 days prior to the beginning of construction to
environment protection department of the local people’s government upon the
name of the construction project, the name of the unit in charge of
construction, location and length of construction, intensity of noise possibly
emitted within the construction boundary and measures to be adopted for
prevention and control of noise pollution.

    Article 23  In case the emission of construciton noise exceeds the state
prescribed standards governing emission of ambient noise within limited
construction boundary to the detriment of the ambient living environment,
environment protection department of the local people’s government may impose
restriction upon the time of construction subject to approval of the people’s
government at or above the county level.

    Article 24  It shall be prohibited to conduct construction at night that
creates noise pollution and disturbs the rest of residents in residential
districts, cultural and educaional districts or convalescent districts except
for urgent repairs or emergency. If technology or special necessity requires
continuous construciton, it shall be subject to approval of environment
department of the people’s government at or above the county level.

    Article 25  In case the emission of construction noise into ambient living
environment exceeds state prescribed standards governing emission of ambient
noise within limited construction boundary and is unable to be eliminated
through controll of noise sources due to actual economical or technological
restrictions, effect measures shall be adopted to reduce noise pollution to a
minimum and an agreement shall be made through negotiation with the
organisation of the affected residents and other relevant units opon other
arrangements for protection of the rights and interests of the victims subject
to the approval of the local people’s government.
Chapter V  Provention and Cure of Noise Pollution from Communications

    Article 26  Moving motor vehicles shall have equipped with them silencers
and whistles complying with prescriptions and shall keep effective
technological functions. The whole vehicle shall not emit noise in excess of
prescribed standards governing emission of noise by motor vehicles. Those
which can not reach the standards in terms of noise emission shall not be
licensed.

    Equipment of alarms on fire trucks, ambulances, construction
emergency trucks and security trucks shall comply with corresponding
provisions of the security department. Alarms shall not be used when it
is not an urgent situation and where such use is prohibited.

    Article 27  Different motor-driven ships including hovercrafts shall
use sound signals according to corresponding provisions.

    Article 28  Public security departments and communications
administration departments of the people’s governemnts at or above the
county level may, with a view to preventing and controlling of traffic
noise pollution and reaching the quality standards governing ambient
noise, make their prescriptions as to where and when motor- driven
vehicles and ships are prohibited from moving.

    Article 29  Trains passing or arriving in urban district of a city,
convalescent district or scenic spot shall use only air whistle.

    Article 30  Aircrafts which emit noise when taking off or landing shall
conform to the standards governing emission of noise by aircrafts. Aircrafts
shall be prohibited from exercising hedgehopping in the air over urban
district of a city.

    Article 31  Bus or railway stations, marshalling stations, harbour,
wharfs, airports and other hubs of communications where loudspeakers are used
shall bring the volume of loudspeakers under control so as to reduce the
influence of noise upon ambient environment.
Chapter VI  Provention and Cure of Noise Pollution from Social Lives

    Article 32  Loudspeakers of strong power and propaganda cars with
loudspeakers of strong power shall be banned to be used in public
districts such as streets, squares, parks and convalescent districts
and scenic spots without prior approval of the people’s government at
or above the county level.

    Article 33  It shall be prohibited to make loud noise to canvassing
customer in commercial districts.

    Article 34  Managers of entertainment places, sports gymnasiums and
stadiums shall adopt effective measures to lessen or eliminate the
influence of noise upon ambient environment.

    Article 35  Anyone who uses household appliances or organise indoor
entertainment activities shall control the volume of sound to avoid
disturbing other residents.
Chapter VII  Legal Liabilities

    Article 36  For committing of any of the following offences in
violation of the present Regulations, environment protection department
or other supervisory and administrative organ may, besides charging
the offender to make correction, give him a warning or fine punishement
in light of the seriousness of the offence:

    1) refusal of or lying in report for registration of matters concering
emission of noise as are required by environment protection department
of the State Council;

    2) arbitrarily dismantling or idling facilities for prevention and
cure of noise pollution or having noise emitted in excess of prescribed
standards governing noise  emission without prior approval of
environment protection department;

    3) refusal to accept on-spot investigation of environment protection
department or other supervisory and administrative organ or practicing
fraud during the investigation;

    4) disobey of the provisions of the people’s government regarding
restriction on time of construction or continuing construction without
prior approval at night in residential districts, cultural and
educational districs, convalescent districts which disturbs the rest of
resident;

    5) vehicles emitting noise in excess of prescribed standards governing
emission of noise by motor-driven vehicles;

    6) trains using air whistles when passing or arriving in urban
district of cities, convalescent districts or scenic spots;

    Article 37  In case the fee for emission of pollution fails to be paid, a
fine may be imposed in addition to pursuing the payment of the fee or
the fee for emission of pollution in excess of prescribed standards and
overdue fine.

    Article 38  Committing of any of the following offence in violation of
the present Regulations shall be punished by the public security organs
according to the Regulations of the People’s Republic of China
Regarding Security Administration and Penalties:

    1) using loudspeakers of strong power or propaganda cars with strong
power loudspeakers in public places such as streets, squares, parkes or
in convalescent districts or scenic spots without prior approval of the
people’s government at or above the county level;

    2) resorting to methods with loud noise to canvass customers;

    3) making noise that disturbs others indoors or in public places;

    4) failure to equip or use alarms for vehicles of special purposes in
accordance with correponding provisions;

    5) driving motor vehicles or sailing ships when and where it is
banned to do so;

    Article 39  In case a construction is used for production or other
purposes when facilities for provention and cure of noise pollution
are not finished or up to the corresponding state provisions regarding
environment protection with constructions, the original environment
protection department who reviewed and approved the report of
environment implications of the construction shall order to stop
production or use and may impose a fine as well.

    Article 40  In case an enterprise or institution fails to complete the
ordered treatment of noise within a limited time, a fine may be imposed
in light of the conscequent damages or a charge may be issued to
suspend production or shut down in addition to payment of certain fee
for emission of pollution according to corresponding state provisions.

    The punishment of fine shall be decided by environment protection
department or other supervisory and administrative department. The
charge to suspend production or shut down shall be issued by the
people’s government who ordered the treatment of noise within a limited
time. If the charge to stop production or shut down is to be issued to
an enterprise or institution under the direct auspices of relevant
department of the State Council, it shall be submitted for approval to
the revelant department.

    Article 41  If an offence in violation of the present Regulations
causes serious damages in consequence of noise pollution, the unit to
which the offender is attached or the responible organ at the higher
level shall impose an administrative disciplinary sanction, or in case
a crime is constituted, the criminal liabilities shall be assessed.

    Article 42  If the person concerned refuses to accept the disciplinary
sanction, the person may within 15 days upon receipt of the notice of
sanction apply for reconsideration with the authority of a level
immediately above the organ who decided the sanction. If the person
concerned again refuses to accept the decision after reconsideration,
the person may within 15 days upon receipt of notice of decision after
reconsideration bring a suit with the people’s court. Alternatively the
person concerned may within 15 days upon receipt of the notice of sanction
directly go to the people’s court for legal proceedings. If the deadline for
such actions has been passed with the person concerned neither applying for
reconsideration or sueing with the people’s court nor carrying out the
decision of sanction, the organ who made the decision of sanction shall apply
with the people’s court for enforced implementation of the decision.

    Any refusal to accept punishment of security administration shall be
handled according to the regulations regarding security administration
and penalties.

    Article 43  Any unit or individual who have caused emission of noise
pollution shall have the liabilities to eliminate the consequent harms
and compensate the units or individuals for the losses they directly
suffers.

    Disputes aring from compensation liabilities and volume of damages
shall be handled by environment protection department upon request of
the concerned parties. The concerned party who refuses to accept the
decision upon the disputes may sue with the  people’s court. Alternatively
concerned parties may directly go to the people’s court for a suit.

    Article 44  Any occurrence of abuse of power, favoritism or negligence
by the environment protection or supervision staff shall be punished by
way of disciplinary sanction or where a crime is constituted the
criminal liabilities shall be assessed.
Chapter VIII  Supplementary Provisions

    Article 45  The environment protection department of the State Council
shall be responsible for interpretation of the present Regulations.

    Article 46  Provinces, autonomous regions and municipalities under the
direct leadership of the Central Government may formulate more
detailed provisions for implementation of the present Regulations in
light of their own circumstances.

    Regulations regarding prevention and cure of noise pollution from
military activities shall be seperately formulated by the military.

    Article 47  The present Regulation shall come into effect as of the
date of December 1, 1989.





INTERIM PROVISIONS GOVERNING NON-SCHEDULED FLIGHTS IN CIVIL AIR TRANSPORT

Category  CIVIL AVIATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-03-02 Effective Date  1989-03-02  


Interim Provisions Governing Non-scheduled Flights in Civil Air Transport



(Adopted at the 31st Executive Meeting of the State Council on January 3,

1989, promulgated by Decree No. 29 of the State Council of the People’s
Republic of China on March 2, 1989 and effective as of the date of
promulgation)

    Article 1  These Provisions are formulated for the purpose of safeguarding
the rights and interests of the State in aviation, ensuring safety in air
transport and promoting the development of civil air transport.

    Article 2  These Provisions shall apply to the non-scheduled flights of
Chinese and foreign aircraft engaged in carrying passengers, baggage, cargoes
and mail within the territorial spheres of the People’s Republic of China and
between the People’s Republic of China and foreign countries.

    Article 3  The term “non-scheduled flights” referred to in these
Provisions denotes civil air transport flight other than scheduled air
services.

    Article 4  The operation of non-scheduled flights shall be subject to the
submission on an application to the Civil Aviation Administration of China
(CAAC) for its approval. The application and approval procedures shall be
formulated by the CAAC.

    Article 5  The operation of non-scheduled flights shall abide by the
transport regulations formulated by the CAAC and may not affect the normal
operations of scheduled flights.

    Article 6  Air crew and aircraft engaged in non-scheduled flights shall
meet the criteria or be up to the technical standards stipulated by the CAAC
and possess and bear a Crew Licence, the Aircraft Registration Certificate,
the Aircraft Airworthiness Certificate and other certificates and documents
as required to be on board in accordance with the relevant provisions.

    Article 7  The operation of non-scheduled flights for commercial
transportation into or out of the territorial spheres of the People’s
Republic of China by a foreign civil air carrier shall be handled in
accordance with the relevant provisions in the air transport agreement entered
into by the Government of the People’s Republic of China and the Government
of the foreign country to which the said carrier belongs.

    Article 8  No foreign civil air carrier may operate non-scheduled flights
for commercial transportation between any two points within the territorial
spheres of the People’s Republic of China.

    Article 9  To remunerated non-scheduled flights for commercial
transportation operated by foreign civil air carrier, the Chinese authorities
shall have the right to levy compensation for the grant of air traffic right.

    Article 10  Chinese civil air carriers shall have the priority to operate
non-scheduled flights originating in the People’s Republic of China and
destined for foreign countries, for carrying passengers, baggage, cargoes and
mail.

    Article 11  The tariffs and the terms and conditions as well as the
measures for the administration for non-scheduled flights in civil air
transport shall be formulated by the CAAC in conjunction with the State
Administration of Commodity Prices.

    Article 12  Unless otherwise specially approved by the CAAC, a foreign
aircraft engaged in non-remunerated non-scheduled flights may only land at
designated point within the territorial spheres of the People’s Republic of
China and may not carry out of the territorial spheres of the People’s
Republic of China any people or cargoes other than those the aircraft has
originally carried on board, nor may it leave within the territorial spheres
of the People’s Republic of China any people and cargoes it has originally
carried on board.

    Article 13  Aircraft engaged in non-scheduled flights for international
transport shall complete such procedures as border inspection, Customs
clearance, quarantine and security examination and pay the fees in accordance
with the relevant provisions.

    Article 14  Foreign aircraft engaged in non-scheduled flights and their
crew members, and the passengers, baggage, cargoes and mail that they carry on
board, whether entering, or leaving, or remaining within the territorial
spheres of the People’s Republic of China, shall abide by the relevant laws,
regulations and rules of the People’s Republic of China and pay various fees
in accordance with relevant provisions.

    Article 15  Operators of foreign aircraft engaged in non-scheduled flights
must cover liability insurance against damage that the aircraft may incur to
the third party on the ground while flying within the territorial spheres of
the People’s Republic of China and they must also cover the statutory
liability insurance if they operate non-scheduled flights for carrying
passengers, baggage, cargoes and mail.

    Article 16  The CAAC shall have the power to impose such penalties upon
those units and individuals that violate these Provisions, as warning, fine,
compulsory suspension of flights or revocation of relevant certificates. If
the violation constitutes a crime, the judicial organs shall investigate the
criminal liability of those responsible.

    Article 17  The CAAC shall be responsible for the interpretation of these
Provisions.

    Article 18  These Provisions shall become effective as of the date of
promulgation.





REGULATIONS CONCERNING THE ADMINISTRATION OF THE WORK FOR THE PROTECTION OF UNDERWATER CULTURAL RELICS

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-10-20 Effective Date  1989-10-20  


Regulations of the People’s Republic of China Concerning the Administration of the Work for the Protection of Underwater Cultural
Relics



(Promulgated by Decree No. 42 of the State Council of the People’s

Republic of China on October 20, 1989 and effective as of the date of
promulgation)

    Article 1  These Regulations are formulated in accordance with the
pertinent provisions of the Law of the People’s Republic of China for the
Protection of Cultural Relics for the purpose of strengthening the
administration of the work for the protection of underwater cultural relics.

    Article 2  The term “underwater cultural relics” referred to in these
Regulations denotes the human cultural heritage that has historic, artistic
and scientific values and that remains in the following waters:

    (1) all the cultural relics of Chinese origin, or of unidentified origin,
or of foreign origin that remain in the Chinese inland waters and territorial
waters;

    (2) cultural relics that are of Chinese origin or of unidentified origin
that remain in sea areas outside the Chinese territorial waters but under
Chinese jurisdiction according to the Chinese law;

    (3) cultural relics of Chinese origin that remain in sea areas outside the
territorial waters of any foreign country but under the jurisdiction of a
certain country, or in the high seas.

    The provisions in the preceding paragraph shall not cover objects that
have remained underwater since 1911 that have nothing to do with important
historical events, revolutionary movements or renowned personages.

    Article 3  The ownership of the underwater cultural relics specified in
Items (1) and (2) of Paragraph 1 of Article 2 of these Regulations shall
reside in the state and the state shall exercise jurisdiction over them; with
respect to underwater cultural relics specified in Item (3) of Paragraph 1 of
Article 2 of these Regulations, the state shall have the right to identify
the owners of the objects.

    Article 4  The State Administration for Protection of Cultural Relics
shall be the competent authority in charge of the registration of underwater
cultural relics, of the administration of the protection thereof, and of the
work of examination and approval concerning the archaeological exploration and
excavation activities with respect to underwater cultural relics.

    Administrative departments for cultural relics at various levels in the
localities shall be in charge of the protection of the underwater cultural
relics in their respective administrative regions and shall, in conjunction
with the archaeological and research institutions for cultural relics, be in
charge of the work to identify and assess the value of underwater cultural
relics. With respect to underwater cultural relics in sea waters, the State
Administration for Protection of Cultural Relics may designate the
administrative departments for cultural relics in the localities to be in
charge of the administration of the work for the protection of underwater
cultural relics.

    Article 5  On the basis of the value of underwater cultural relics, the
State Council and the people’s governments of the provinces, autonomous
regions and municipalities directly under the Central Government may in
accordance with the pertinent procedures specified in the provisions in
Chapter II of the Law of the People’s Republic of China for the Protection of
Cultural Relics, determine the underwater cultural relics protection units and
underwater cultural relics reserves at the national or provincial levels and
publicly announce them.

    Within the limits of the underwater cultural relics protection units and
underwater cultural relics reserves, any activities that may jeopardize the
safety of the underwater cultural relics, such as fishing and demolitions,
shall be prohibited.

    Article 6  Any units or individuals that have discovered by any means
underwater cultural relics specified in Items (1) and (2) of Paragraph 1 of
Article 2 of these Regulations shall report promptly to the State
Administration for Protection of Cultural Relics or to the administrative
departments for cultural relics in the localities and those that have been
fished up shall be handed over promptly to the State Administration for
Protection of Cultural Relics or to the administrative departments for
cultural relics in the localities to be properly dealt with.

    Any units or individuals that have discovered by any means underwater
cultural relics specified in Item (3) of Paragraph 1 of Article 2 of these
Regulations shall report promptly to the State Administration for Protection
of Cultural Relics or to the administrative departments for cultural relics in
the localities and those that have been fished up shall be turned in promptly
to the State Administration for Protection of Cultural Relics or to the
administrative departments for cultural relics in the localities to be
identified and assessed.

    Article 7  Archaeological exploration and excavation activities with
respect to underwater cultural relics shall have, as their objective, the
protection of cultural relics and scientific research.

    Any units or individuals that intend to conduct in the waters under
Chinese jurisdiction archaeological exploration or excavation activities with
respect to underwater cultural relics shall apply to the State Administration
for Protection of Cultural Relics and submit the relevant data. Without
approval by the State Administration for Protection of Cultural Relics, no
units or individuals may conduct by any means unauthorized exploration or
excavation.

    Foreign countries, international organizations and foreign legal persons
or natural persons that are to conduct in the waters under Chinese
jurisdiction archaeological exploration or excavation activities shall do so
in cooperation with the Chinese side and shall submit their application
therefor to the State Administration for Protection of Cultural Relics, which
shall further submit it to the State Council of the People’s Republic of China
for special approval.

    Article 8  With respect to any units or individuals that have been
permitted to effect archaeological exploration or excavation activities with
respect to underwater cultural relics, if the range of their activities covers
water under the jurisdiction of the harbour superintendancy, the case shall be
reported to the harbour superintendancy for verification and approval and the
harbour superintendancy shall, upon verification and approval, delineate the
safe operation area(s) and put out a navigation notice.

    Article 9  Any units or individuals that are effecting archaeological
exploration or excavation activities with respect to underwater cultural
relics shall, in addition to complying with these Regulations, abide by other
laws and regulations of China and accept the administration by the departments
concerned, shall observe rules concerning underwater archaeological
activities, diving and navigation and ensure the safety of the personnel and
the underwater cultural relics, shall prevent the water from environmental
pollution and protect the underwater biological resources and other natural
resources from damage, shall protect all the surface and underwater facilities
and may not obstruct communication and transportation, fishery production,
military drills and other normal surface and underwater operations and
activities.

    Article 10  Those who have made outstanding contributions to the
protection of underwater cultural relics, if the circumstances are in
conformity with those specified in the provisions in Article 29 of the Law of
the People’s Republic of China for the Protection of Cultural Relics, shall be
commended or rewarded.

    Those who, in violation of the provisions in Articles 5, 6 and 7 of these
Regulations, damage underwater cultural relics, or explore, excavate or dredge
up underwater cultural relics without authorization, or hide, share secretly,
traffic in, illicitly sell or illicitly export underwater cultural relics, if
the circumstances are found to be those specified in the provisions in
Articles 30 and 31 of the Law of the People’s Republic of China for the
Protection of Cultural Relics, shall be given administrative sanctions or have
their criminal liability investigated in accordance with the law.

    With respect to those who violate the provisions in Articles 8 and 9 of
these Regulations, if the violation has resulted in serious consequences, the
administrative department for cultural relics shall, in conjunction with the
departments concerned, order the operation to be suspended and set a deadline
for correction or shall give such administrative sanctions as withdrawing the
approval granted, with an additional imposition of a fine ranging from
Renminbi 1,000 yuan to 10,000 yuan.

    Article 11  The State Administration for Protection of Cultural Relics
shall be responsible for the interpretation of these Regulations.

    Article 12  The rules for the implementation of these Regulations shall be
formulated by the State Administration for Protection of Cultural Relics.

    Article 13  These Regulations shall go into effect as of the date of
promulgation.





REGULATIONS ON THE COMPOSITION OF GROSS WAGES

Regulations on the composition of gross wages

     (Ratified by the State Council on September 30th, 1989 and promulgated as the No. 1 Instruction of the National Bureau of Statistics
on January 1st, 1990)

Chapter 1 General Rules

   Article 1 The regulations are formulated in order to unify the coverage of gross wages, to guarantee unified statistical and fiscal accounting
of wages by the state, to be in favor of compilation and examination of plans and wage administration and to reflect wage income
of employees correctly.

   Article 2 As to enterprises and institutions owned by the whole people or by collectives, different kinds of jointly-operated units and all
levels of state organs, party organs and social organizations, these regulations must be observed for computation related to the
scope of gross wages in planning, statistics and accounting.

   Article 3 Gross wages refer to the total labor rewards paid directly to the total work force by each unit during a given period.

The computation of gross wages should be based on the total labor rewards paid directly to employees.

Chapter 2 the Composition of Gross Wages

   Article 4 Gross wages are composed of the following six parts:

(1) Hourly wages;

(2) Piece wages;

(3) Bonuses;

(4) Allowances and subsidies;

(5) Overtime wages;

(6) Wages paid in particular cases.

   Article 5 Hourly wages refers to labor rewards paid to individuals according to the time rate (regional subsistence allowance included) and
working hours, which include:

(1) Wages paid for finished works according to the time rate;

(2) Basic wages and job (post) classification wages paid to employees by units that exercise the composite wage system;

(3) The probation wages of employees who join work newly ( living expenses of apprentices);

(4) Physical allowances of athletes.

   Article 6 Piece wages refer to labor rewards paid to finished works by the unit price of piecework, which include

(1) Wages paid to individuals by exercising excess progression piece-rate system, direct infinite piece-rate system, norm piece-rate
system or over standard piece-rate system according to the ration and unit price of piecework approved by labor departments or competent
authorities;

(2) Wages paid to individuals in the way of assignments’ contracts;

(3) Wages paid to individuals in the way of turnover drawing or profit drawing.

   Article 7 Bonuses refer to labor rewards paid to employees for their excess works or their increased profits and saved spending, which include

(1) Production awards;

(2) Saving awards;

(3) Labor emulation incentives

(4) Incentive wages of government units and institutions;

(5) Other bonuses.

   Article 8 Allowances and subsidies refer to allowances paid to employees to compensate their particular or extra labor expenditure or due
to other specific reasons and price subsidies paid to employees to guarantee that their wage level is not affected by the general
price.

(1) Allowances that include allowances for compensating particular or extra labor expenditure, allowances for health protection,
technical allowances, allowances as annual awards or other allowances.

(2) Price subsidies that include different kinds of subsidies paid to guarantee that the wage level of employees is not affected
by the inflation of prices or fluctuations.

   Article 9 Overtime job wages refers to wages paid for extra works as required.

   Article 10 Wages paid in particular cases, which include

(1) Wages paid in the light of the time rate or piece rate for reasons of sick leave, work injury leave, maternity leave, family
planning leave, wedding leave, leave for arranging funeral, private affair leave, home leave, regular leave, out-of-service study,
implementation of state or social duties according to regulations of the state laws, rules and policies.

(2) Supplementary wages and retained wages

Chapter 3 Items not Included in Gross Wages

   Article 11 The following is not included in gross wages:

(1) Invention-innovation awards, natural science awards, technological progress awards, rationalized proposal and technical advance
awards and bonuses paid to athletes and coaches;

(2) General expenses related to labor insurance and employees’ benefits;

(3) Expenditures related to the treatment of retired personnel;

(4) Expenditures related to labor protection;

(5) Copy money, lecture money and other specific business considerations;

(6) Food allowances and food delay allowances on business trips, traveling expenses for work transfers and family steadied allowances;

(7) Compensation cost paid for instrument or livestock brought by employees to enterprises;

(8) Risk offsetting receipts of leaseholders of units that exercise business operations under lease;

(9) Dividends (profit sharing of share capital) and interests paid to employees who purchase stocks or bonds of principal enterprises;

(10) Medical allowances and living allowances paid by enterprises to employees under the system of labor contract when labor
contracts are released;

(11) Commission charges or overhead cost besides wages paid to units that offer work force as seasonal workers;

(12) Processing charges paid to household workers and contract award expenses paid to contracting agencies according to the processing
ordering method;

(13) Allowances paid to students who take part in works in enterprises;

(14) Single child allowances required by family planning.

   Article 12 Items listed in the last article are accounted separately according to state regulations.

Chapter 4 Additional Rules

   Article 13 Calculations related to the scope of gross wages of privately operated units, units operated by overseas Chinese or industrialists
and businessmen from Hong Kong, Macao and Taiwan and units operated by foreign businessmen shall follow these regulations.

   Article 14 These regulations shall be interpreted by the State Statistical Bureau.

   Article 15 Regulations on specific scope of gross wages compositions shall be established by each region and each department based on these
regulations.

   Article 16 These regulations go into effect since the date of issuance and the ” Provisional Rules on Gross Wages Composition” issued by the
State Council on May 21st, 1955 shall be abolished at the same time.

    

National Bureau of Statistics of China





PROCEDURES FOR THE ADMINISTRATION OF THE FOREIGN EXCHANGE INVOLVED IN INVESTMENT ABROAD

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-03-06 Effective Date  1989-03-06  


Procedures for the Administration of the Foreign Exchange Involved in Investment Abroad



(Approved by the State Council of the People’s Republic of China on

February 5, 1989 and promulgated by the State Administration of Foreign
Exchange Control on March 6, 1989)

    Article 1  These Procedures are formulated for the purpose of promoting
economic and technological co-operation with foreign countries, strengthening
the administration of the foreign exchange involved in investment abroad and
facilitating the achievement of a balance of international payments.

    Article 2  The terms “investment abroad” referred to in these Procedures
means the establishment of various kinds of enterprises abroad or the purchase
of and holding shares abroad (hereinafter collectively referred to as
“Chinese-invested enterprises abroad”) by corporations, enterprises and other
economic organizations registered inside China (not including enterprises
with foreign investment) to engage in production and business activities.
Matters related to the foreign exchange involved in investment abroad shall
be governed by these Procedures.

    Article 3  Corporations, enterprises or other economic organizations that
intend to make investment abroad shall, prior to going through the procedures
of application, examination and approval of investment abroad with the
competent State authorities, provide the department for control of foreign
exchange with the information on the administration exercised by the countries
(or regions) where their investment is to be over the foreign exchange
involved in investigated by foreign countries and the relevant data, and
submit to the department the certifying documents on the source(s) of the
funds in foreign exchange earmarked for investment abroad. The department for
control of foreign exchange shall be responsible for the risk examination of
the foreign exchange earmarked for investment abroad and for the examination
of the source(s) of the funds in foreign exchange and shall present within 30
days the conclusions in writing drawn from the examinations.

    Article 4  Corporations, enterprises or other economic organizations
(hereinafter referred to as “domestic investors”) that have been permitted to
make investment abroad shall handle with the department for control of
foreign exchange the procedures of registration and of remitting abroad the
funds in foreign exchange earmarked for investment abroad by presenting the
following materials:

    1. the documents of approval issued by the competent State authorities;

    2. the conclusions in writing drawn by the department for control of
foreign exchange from the risk examination of the foreign exchange earmarked
for investment abroad and the examination of the source(s) of the funds in
foreign exchange; and

    3. the contract of the investment project or other document(s)that may
serve to certify the amount of the funds in foreign exchange that the domestic
investors shall remit abroad.

    In handling the procedures of registration and of remitting abroad the
funds in foreign exchange earmarked for investment abroad as prescribed in
the first paragraph of this Article, the department for control of foreign
exchange shall re-examine the source(s) of the funds in foreign exchange of
the domestic investors.

    Article 5  In going through the procedures of registration, the domestic
investors shall place a deposit as a guarantee that they shall remit the profit
back to China (hereinafter referred to as “guarantee deposit”) which is equal
to 5 percent of the amount of funds in foreign exchange to be sent abroad.
The guarantee deposit shall be placed in a special account in a bank
designated by the department for control of foreign exchange. The guarantee
deposit shall be refunded when the total amount of profit remitted back to
China is equal to the amount of funds in foreign exchange sent abroad. The
interest on the guarantee deposit shall be paid to the domestic investors in
accordance with the standard rate prescribed by the State.

    If the domestic investors experience real difficulty in placing the
guarantee deposit, they may give a written commitment to the department for
control of foreign exchange that the enterprise abroad in which they invest
shall remit regularly the profit or other incomes in foreign exchange back to
China.

    Article 6  The profit or other incomes in foreign exchange derived by
domestic investors from their investment abroad shall be repatriated within
6 months as of the end of the local accounting year and settled as foreign
exchange or retained as spot exchange in accordance with the pertinent
provisions of the State. Without the approval by the department for control of
foreign exchange, they may not be diverted to other uses or kept abroad.

    Article 7  The share of profit or other incomes in foreign exchange that
domestic investors receive from the enterprise abroad in which they invest
shall be retained in full in the first five years as of the date of the
establishment of the enterprise and shall be retained at a percentage
calculated in accordance with the pertinent provisions of the State as of the
end of the first five years.

    Article 8  A Chinese-invested enterprise abroad may, on the basis of the
need of its business operations, raise funds on its own. But without approval
by the State Administration of Foreign Exchange Control, its domestic investors
may not provide guarantee for it by any means.

    Article 9  The annual accounting statements of a Chinese-invested
enterprise abroad, including the statement of assets and liabilities and the
statement of loss and profit, shall, within 6 months as of the end of the
local accounting year, be submitted by its domestic investors to the
department for control of foreign exchange.

    Article 10  If a Chinese-invested enterprise abroad is to make changes in
its capital, its domestic investors shall apply in advance to the original
examining and approving authorities for approval and the changes shall be
reported to the department for control of foreign exchange for the record.

    Article 11  If domestic investors are to transfer the shares of stock
of the enterprise abroad in which they invest, they shall submit to the local
department for control of foreign exchange, a report for the transfer thereof
and shall repatriate the incomes in foreign exchange thus obtained within 30
days after the completion of the transfer.

    Article 12  If a Chinese-invested enterprise abroad terminates its
business operations or is dissolved in accordance with the laws of the country
(or region) in which it is located, its domestic investors shall repatriate
the assets in foreign exchange that they are enpost_titled to obtain and may not
divert them to other uses or keep them abroad without authorization.

    Article 13  If a Chinese-invested enterprise abroad fails to remit back
to China their profit or other incomes in foreign exchange in accordance with
their profit plan, its domestic investors shall submit to the department for
control of foreign exchange a report on their failure to fulfil their profit
plan on schedule or on the losses sustained in business operations. If they
fail to offer sufficient justification, the department for control of foreign
exchange may deduct from their guarantee deposit a corresponding proportion
of foreign exchange and sell it to the State. If the domestic investors have
not opened a guarantee deposit account, the department for control of foreign
exchange shall deduct from their retained foreign exchange a corresponding
amount and turn it over to the State, but the total amount deducted shall not
exceed 20 percent of the amount of the funds in foreign exchange that has
been remitted abroad.

    Article 14  If domestic investors violate the provisions in Articles 6,11
and 12, the department for control of foreign exchange shall order them to
repatriate the foreign exchange involved within a prescribed period of time
and may impose a fine amounting from 10 percent up to 20 percent of the amount
that should be repatriated.

    If domestic investors violate the provisions in Articles 9 and 10 to a
serious extent, the department for control of foreign exchange may impose
on them a fine of Renminbi 100,000 yuan or less.

    Violators of the other provisions of these Procedures shall be dealt with
in accordance with the provisions of the Rules for the Implementation of
Penalties on Violations of Foreign Exchange Control.

    Article 15  The domestic investors of the Chinese-invested enterprise
abroad established before these Procedures go into effect shall, within 60
days starting from the day on which these Procedures go into effect and in
accordance with the relevant provisions of these Procedures, approach the
department for control of foreign exchange to make up for the submission of
the relevant materials and go through the procedures of registration and
shall repatriate their incomes in foreign exchange in accordance with the
relevant provisions.

    Article 16  The State Administration of Foreign Exchange Control shall be
responsible for the interpretation of these Procedures.

    Article 17  These Procedures shall go into effect as of the date of
promulgation.





REGULATIONS ON THE PAYMENT OF ROYALTY FOR THE EXPLOITATION OF OFFSHORE PETROLEUM RESOURCES

Regulations on the Payment of Royalty for the Exploitation of Offshore Petroleum Resources

     (Effective Date:1989.01.01–Ineffective Date:)

   Article 1. In the interest of developing the national economy, expanding international economic and technological cooperation and encouraging
the exploitation of offshore petroleum resources in China, these Regulations are formulated in accordance with the “Regulations of
the People’s Republic of China on the Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises”.

   Article 2. Any Chinese and foreign enterprises engaging, in accordance with the laws, in exploitation of offshore petroleum resources within
the inland water, territorial sea and continental shelf of the People’s Republic of China and in all sea area within the limits of
national jurisdiction of the People’s Republic of China shall pay royalty in accordance with these Regulations.

   Article 3. Royalty shall be computed and paid on the basis of the Annual Gross Production of Crude Oil or Natural Gas of each oil or gas field
at the following rates:

1. Crude Oil:

Royalty shall be exempted on the portion of the Annual Gross Production of Crude Oil not exceeding one million tonnes;

Royalty rate for the portion of the Annual Gross Production of Crude Oil within one million tonnes to 1.5 million tonnes shall be
4%;

Royalty rate for the portion of the Annual Gross Production of Crude Oil within 1.5 million tonnes to 2 million tonnes shall be 6%;

Royalty rate for the portion of the Annual Gross Production of Crude Oil within 2 million tonnes to 3 million tonnes shall be 8%;

Royalty rate for the portion of the Annual Gross Production of Crude Oil within 3 million tonnes to 4 million tonnes shall be 10%;
and

Royalty rate for the portion of the Annual Gross Production of Crude Oil exceeding four million tonnes shall be 12.5%.

2. Natural Gas

Royalty shall be exempted on the portion of the Annual Gross Production of Natural Gas not exceeding 2 billion cubic meters;

Royalty rate for the portion of the Annual Gross Production of Natural Gas within 2 billion cubic meters to 3.5 billion cubic meters
shall be 1%;

Royalty rate for the portion of the Annual Gross Production of Natural Gas within 3.5 Billion cubic meters to 5 billion cubic meters
shall be 2%; and

Royalty rate for the portion of the Annual Gross Production of Natural Gas exceeding five billion cubic meters shall be 3%.

   Article 4. Royalty for both Crude Oil and Natural Gas shall be paid in kind.

   Article 5. Royalty of Crude Oil and Natural Gas shall be collected and administered by the tax authorities.

Royalty for the Sino-foreign cooperative oil and/or gas field shall be first withheld by the operator of such oil and/or gas field
and handed over to the China National Offshore Oil Corporation which will be responsible for the royalty payment.

   Article 6. Royalty shall be calculated on annual basis and pre-payable periodically or on the basis of operation. The final settlement shall
be made after the end of each year. The timing for prepayment and settlement shall be determined by the tax authorities.

   Article 7. The operator of each oil and/or gas field shall provide to the tax authorities the production data of the said oil and/or gas field
and other related information required by the tax authorities within 10 days after the end of each quarter.

   Article 8. The withholding agent and paying agent shall make the royalty payment within the time limit prescribed by the tax authorities. The
tax authorities shall impose a late payment penalty of 1:1000 per day on the amount of the royalty in arrears, counting from the
first day on which the payment becomes overdue.

   Article 9. The tax authorities may, acting at their discretion, impose a penalty of less than Rmb5,000 on any operator of oil and/or gas field
who has violated the provisions of Article 7 hereof, by not submitting the royalty, the actual production data of the oil and/ or
gas field or relevant information required to the tax authorities in time. A penalty of less than five times of the royalty otherwise
payable shall be imposed on those who make false report on the actual production.

   Article 10. The definitions of the following terms as used in these Regulations are:

1. “Crude Oil” means solid and liquid hydrocarbons in their natural state, including any liquid hydrocarbons extracted from natural
gas except for methane (CH4).

2. “Natural Gas” means non-associated natural gas and associated natural gas in their natural state.

“Non-associated Natural Gas” means all gaseous hydrocarbons produced from gas reservoirs, including wet gas, dry gas and residue gas
remaining after the extraction of liquid hydrocarbons from wet gas.

“Associated Natural Gas” means all gaseous hydrocarbons produced in association with Crude Oil from oil reservoirs, including residue
gas remaining after the extraction of liquid hydrocarbons therefrom.

3. “Annual Gross Production of Crude Oil” means the total amount of Crude Oil produced from each oil field within the contract area
in each calendar year less the amount of crude oil used for petroleum operations and the amount of losses.

4. “Annual Gross Production of Natural Gas” means the total amount of natural gas produced from each oil field and/or gas field within
the contract area in each calendar year less the amount of natural gas used for petroleum operations and the amount of losses.

   Article 11. These Regulations shall go into effect from January 1, 1989.

    





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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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