|
Important Notice: This English document is coming from “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED Whole Document LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PROCEDURE OF THECONCLUSION OF TREATIES(Adopted at the 17th
|
|
State Council Interim Regulations of the People’s Republic of China concerning the Assignment and Transfer of the Use Right of the State-owned Land No.55 Order of the State Council May 19,1990 Chapter I General Provisions Article 1 . These Regulations are formulated in order to reform the system of using the State-owned land in the cities and towns, rationally Article 2 . The State, in accordance with the principle of separating the ownership right and the use right, , implements the system of assignment The term “State-owned land in the cities and towns as used in preceding paragraph refers to the land owned by the whole people (hereinafter Article 3 . Any company, enterprise, other organization and individual of the People’s Republic of China within or outside the territory may, Article 4 . Users of the land who have obtained the land use right in accordance with these Regulations may, within the term of land use, transfer, Article 5 . Users of the land shall, in their activities to develop, utilize and manage the land, abide by the laws and regulations of the state Article 6 . The land administrative departments under the people’s governments at or above the county level shall conduct supervision and inspection, Article 7 . The registration of the assignment, transfer, lease, mortgage and termination of the use right and the registration of the relevant THE registration documents shall be made available for public reference. Chapter II The Assignment of the Land Use Right Article 8 . The assignment of the land use right refers to the action that the State as the owner of the land , within the term of a certain An assignment contract shall be signed for assigning the land use right. Article 9 . People’s governments at the municipal and county levels shall be in charge of assignment for the land use right , which shall be effected Article 10 . The land administration departments under the people’s governments at the municipal and county levels shall, in conjunction with the Article 11 . The contract for assigning the land use right shall be signed between the land administration departments under the people’s governments Article 12 . The maximum term with respect to the assigned land use right shall be determined respectively in the light of the purposes listed (1) 70 years for residential purposes; (2) 50 years for industrial purposes; (3) 50 years for the purposes of education, science, culture, public health and physical education; (4) 40 years for commercial, tourist and recreational purposes; and (5) 50 years for comprehensive utilization or other purposes. Article 13 . The assignment of the land use right may be carried out by the following means: (1) by reaching an agreement through consultations; (2) by invitation to bid; or (3) by auction. (4) The specific procedures and steps for assigning the land use right by the means stipulated in preceding paragraphs shall be formulated Article 14 . The land user shall, within 60 days after signing the contract for the assignment of the land use right , pay the total amount of Article 15 . The assigning party shall, in compliance with the stipulations of the contract, provide the assigned land use right , failing to provide Article 16 . After paying the total amount of the assignment fee for the land use right , the land user shall, in accordance with the relevant Article 17 . The land user shall, in conformity with the stipulations of the contract for the assignment of the land use right and the requirements Should any land user fail to develop and utilize the land in accordance with the period of time specified in the contract and the Article 18 . If the land user needs to alter the use purposes of the land as stipulated in the contract for assigning the land use right , he Chapter III The Transfer of the Land Use Right Article 19 . The transfer of the land use right refers to the land user’s action of re-assigning the land use rights , including the sale, exchange, If the land has not been developed and utilized in accordance with the period of time specified in the assignment contract and the Article 20 . A transfer contract shall be sighed for the transfer of the land use right . Article 21 . With the transfer of the land use right , the rights and obligations specified in the contract for assigning the land use right and Article 22 . The land user who has acquired the land use right by means of the transfer thereof shall have a term of use which is the remainder Article 23 . With the transfer of the land use right , the ownership of the above-ground buildings and other attached objects shall be transferred Article 24 . The owners or joint owners of the above-ground buildings and other attached objects shall have the land use right within use scope With the transfer of the ownership of the above-ground buildings and other attached objects by the land users, the land use right Article 25 . With respect to the transfer of the land use right and the ownership of the above-ground buildings and other attached objects, registration Divided transfer of the land use right and the ownership of the above-ground buildings and other attached objects shall be subject Article 26 . When the price for transfer of the land use right is obviously lower than the prevailing market price, the people’s governments When the market price for the transfer of the land use right rises to an unreasonable extent, the people’s governments at the municipal Article 27 . If, after the transfer of the land use right , necessity arises for altering the use purposes of the land as stipulated in the contract Chapter IV The Lease of the Land Use Right Article 28 . The lease of the land use right refers to the action of the land user as the lessor to lease the land use right together with the If the land has not been developed and utilized in accordance with the period of time specified in the assignment contract and the Article 29 . A lease contract shall be signed for leasing the land use right between the lessor and the lessee. The lease contract shall not run counter to the laws and regulations of the State and the stipulations of the contract for assigning Article 30 . After leasing the land use right , the lessor must continue to perform the contract for assigning the land use right . Article 31 . With respect to the lease of the land use right together with the above-ground buildings and other attached objects, the lessor shall Chapter V The Mortgage of the Land Use Right Article 32 . The land use right may be mortgaged. Article 33 . With the mortgage of the land use right , the above-ground buildings and other attached objects thereon shall be mortgaged accordingly. With the mortgage of above-ground buildings and other attached objects, the land use right within the use scope s shall be mortgaged Article 34 . A mortgage contract shall be signed for mortgaging the land use right between the mortgagor and the mortgagee. The mortgage contract shall not run counter to the laws and regulations of the State and the stipulations of the contract for assigning Article 35 . With respect to the mortgage of the land use right together with the above-ground buildings and other attached objects, registration Article 36 . If the mortgagor fails to fulfil the liabilities within the prescribed period of time or declares dissolution or bankruptcy within With respect to the land use right and the ownership of the above-ground buildings and other attached objects acquired as a result Article 37 . The mortgagee shall have the priority right of compensation with respect to the receipts resulting from the disposal of the mortgaged Article 38 . If the mortgage right is eliminated as a result of the liquidation of liabilities or for other reasons, the procedures shall be undertaken Chapter VI The Termination of the Land Use Right Article 39 . The land use right shall be terminated for such reasons as the expiration of the term of the land use right as stipulated in the Article 40 . Upon expiration of the term of the land use right, the land use right and the ownership of the above-ground buildings and other attached Article 41 . Upon expiration of the term of the land use right, the land user may apply for its renewal of term. Where such a renewal is necessary, Article 42 . The State shall not, before the expiration of the term, withdraw the land use right which the land user acquired in accordance with Chapter VII The Allocated Land Use Right Article 43 . The allocated land use right refers to the land use right which the land user acquires in accordance with the law, by various means, The land user referred to in the preceding paragraph shall pay the land use tax in accordance with the provisions of the Interim Article 44 . The allocated land use right may not be transferred, leased, or mortgaged, with the exception of cases as specified in Article 45 Article 45 . On condition that the following requirements are satisfied, the allocated land use right and the ownership of the above-ground buildings (1) The land users are companies, enterprises, or other economic organizations, or individuals; (2) A certificate for the use of state-owned land had been obtained; (3) Possessing legitimate certificates of property rights to the above-ground buildings and other attached objects; and (4) A contract for assigning the land use right is signed in accordance with the provisions in Chapter II of these Regulations and the The transfer, lease or mortgage of the allocated land use right referred to in preceding paragraphs shall be handled respectively Article 46 . Any units or individuals that transfer, lease or mortgage the allocated land use right without authorization shall have their illegal Article 47 . If the land user who has acquired the allocated land use right without compensation stops the use thereof as a result of moving to The municipal or county people’s government may, based on the needs of urban construction and development and the requirements of When the allocated land use right is withdrawn without compensation, the municipal or county people’s government shall, in the light Chapter VIII Supplementary Provisions Article 48 . The land use right may be inherited if it is acquired by individuals in accordance with the provisions of these Regulations. Article 49 . The land user shall pay tax in accordance with the provisions of the taxation laws and regulations of the State. Article 50 . Fees collected by assigning the land use right in accordance with these Regulations shall be included in the fiscal budget and managed Article 51 . The people’s governments of various provinces, autonomous regions and municipalities directly under the Central Government shall, Article 52 . With respect to foreign investors engaging in developing and managing tracts of land, the administration of the land use right shall Article 53 . The State Administration for Land Uses shall be responsible for the interpretation of these Regulations; the measures for the implementation Article 54 . These Regulations shall be implemented as of the date of promulgation. |
State Council
1990-05-19
|
CHAPTER I GENERAL PROVISIONS CHAPTER II DESIGNATION OF THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES CHAPTER III PROTECTION OF THE MILITARY RESTRICTED ZONES CHAPTER IV PROTECTION OF THE MILITARY ADMINISTRATIVE ZONES CHAPTER V PROTECTION OF MILITARY INSTALLATIONS NOT INCLUDED IN THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES CHAPTER VI ADMINISTRATIVE DUTY CHAPTER VII LEGAL RESPONSIBILITY CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 1 This Law is formulated in accordance with the Constitution of the People’s Republic of China for the purpose of protecting the safety Article 2 The term “military installations” referred to in this Law denotes the following buildings, sites and equipment used by the State (1) Command organs, ground and underground command structures and operations structures; (2) Military airfields, harbours and docks; (3) Barracks, training grounds and testing grounds; (4) Military cave storehouses and warehouses; (5) Military communication stations, reconnaissance stations, navigation stations, observation posts, survey markers, navigation markers (6) Special military highways and railways, military communication lines and transmission lines, military oil and water pipelines; (7) Other military installations as prescribed by the State Council and the Central Military Commission. Article 3 People’s governments and military organs at all levels shall, in the interests of national security, jointly protect military installations The Headquarters of the General Staff of the People’s Liberation Army shall, under the leadership of the State Council and the Central In places where there are military installations, the military organs concerned and the people’s governments at or above the county Article 4 All organizations and citizens of the People’s Republic of China shall have the duty to protect military installations. The damaging or endangering of military installations by any organization or individual shall be prohibited. Any organization or individual shall have the right to report on, and make charges against, any act that damages or endangers military Article 5 The State shall implement a policy of giving protection to military installations according to their categories and with emphasis Article 6 Where military installations are to be converted to civilian use, or where military airfields, harbours and docks are to be jointly
CHAPTER II DESIGNATION OF THE MILITARY RESTRICTED ZONES AND THE MILITARY Article 7 The State shall designate military restricted zones and military administrative zones respectively in accordance with the nature, Article 8 The military restricted zones and the military administrative zones shall be determined by the State Council and the Central Military Article 9 The limits of the land and water military restricted zones and military administrative zones shall be jointly designated by military The military restricted zones and the military administrative zones jointly designated by the armed forces and local people’s governments Article 10 Any cancellation or change of the military restricted zones and the military administrative zones shall be handled according to the Any adjustment of the limits of the military restricted zones and the military administrative zones shall be handled according to Article 11 The designation and adjustment of the limits of the military restricted zones and the military administrative zones shall, on the Article 12 Where it is necessary to requisition land, woodland, grassland, water surface and beaches for the designation or expansion of the Article 13 When drawing up programmes for economic and social development, the local people’s governments at or above the county level shall
CHAPTER III PROTECTION OF THE MILITARY RESTRICTED ZONES Article 14 The units in charge of the military restricted zones shall, on the basis of specific conditions and in accordance with the designated Article 15 Entry into the land and water military restricted zones by personnel, vehicles and vessels other than those belonging to the units Entry into the military restricted airspace by airborne devices shall be prohibitied, except as otherwise authorized by relevant state Use of materials from photographing, video-taping, recording, reconnoitering, surveying, drawing and describing of the military restricted Article 16 In accordance with the requirements for protecting military installations in a restricted zone, a security control area, when necessary, Article 17 In the security control areas surrounding the military restricted zones, the local people may carry on their normal life and productive
CHAPTER IV PROTECTION OF THE MILITARY ADMINISTRATIVE ZONES Article 18 The units in charge of the military administrative zones shall, in accordance with the designated limits of the zones, put up enclosing Article 19 No personnel, vehicles and vessels other than those belonging to the unit in charge of the military administrative zone may enter Article 20 Measures for the administration of the airfields, harbours and docks that are designated as military administrative zones and jointly
CHAPTER V PROTECTION OF MILITARY INSTALLATIONS NOT INCLUDED IN THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES Article 21 The units in charge of military installations shall adopt measures for the protection of the military installations not included Article 22 Stone-quarrying, earth-gathering and demolishing carried out within a certain distance of the military installations not included
Article 23 The units in charge of military installations and the local people’s governments at or above the county level shall formulate specific Article 24 Military organs at all levels shall strictly perform their functions and duties to protect military installations, educate the armymen Article 25 The authorities in charge of military installations shall strictly implement the relevant rules and regulations for the protection Article 26 The units in charge of the military restricted zones and the military administrative zones shall, in accordance with the provisions Article 27 The units in charge of military installations shall, when necessary, provide the local people’s governments at or above the county Article 28 People’s governments at all levels shall strengthen education in national defence among the citizens, heighten their sense of national Article 29 Where it is necessary for the public security organs to assist in the maintenance of security and administrative order in the military Article 30 The personnel on duty of the unit in charge of military installations shall stop any person who commits any of the following acts (1) Illegally entering the military restricted zone; (2) Illegally photographing, video-taping, recording, reconnoitering, surveying, drawing or describing within the military restricted (3) Engaging in activities that damage or endanger military installations. For persons who commit any act listed in the preceding paragraph and refuse to be stopped, the personnel on duty of the unit in charge
Article 31 Any person who commits any of the following acts shall be investigated for criminal responsibility in accordance with the relevant (1) Damaging military installations; (2) Stealing, seizing or robbing equipment, goods or materials of military installations; (3) Divulging the secrets of military installations, or stealing, spying on, buying or illegally providing secrets on military installations Article 32 Any person who commits any of the following acts shall be punished in the light of the stipulations of Article 19 of the Regulations (1) Illegally entering the military restricted zone and refusing to be stopped; (2) Engaging in activities that endanger the security and effective utilization of military installations in the security control (3) Destroying the enclosing walls, barbed wire fences or boundary markers of the military restricted zone or the military administrative Article 33 In case of disturbance of the administrative order in the military restricted zones and the military administrative zones, the principal Article 34 Persons who engage in illegal photographing, video-taping, recording, reconnoitering, surveying, drawing or describing in the military Article 35 Servicemen and permanent workers and staff of the armed forces who commit any of the following acts shall be investigated for criminal (1) Damaging military installations; (2) Stealing the equipment, goods and materials of military installations; (3) Divulging the secrets of military installations; (4) Leaving post without permission or committing dereliction that causes damage to military installations or other consequences.
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 36 Measures for implementation shall be formulated in accordance with this Law by the State Council and the Central Military Commission. Article 37 This law shall go into effect on August 1, 1990.
|
|
(Adopted at the 11th Meeting of the Standing Committee of the Seventh National People’s Congress on December 26, 1989, promulgated
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II FORMULATION OF THE PLAN FOR A CITY
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS
CHAPTER IV IMPLEMENTATION OF CITY PLANNING
CHAPTER V LEGAL LIABILITY
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic Article 2. This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out Article 3. The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for Article 4. The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts. Article 5. City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction Article 6. The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national Article 7. The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive Article 8. The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to Article 9. The competent department of city planning administration under the State Council shall be responsible for city planning throughout The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible Article 10. All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring
CHAPTER II FORMULATION OF THE PLAN FOR A CITY Article 11. The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous Article 12. The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation Article 13. In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast Article 14. In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment, In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions Article 15. In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, Article 16. In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed. Article 17. For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made Article 18. The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large Article 19. The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include Article 20. The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and Article 21. Plans for cities shall be examined and approved at different levels. The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people’s government of the The comprehensive plan for a city which is the seat of the people’s government of a province or of an autonomous region, or for a The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted The people’s government of a city or of a county must submit the comprehensive plan for a city to the people’s congress at the corresponding The plan for a district of a city shall be examined and approved by the people’s government of the city. The detailed plan for a city shall be examined and approved by the people ‘s government of the city. The detailed plan for a city Article 22. The people’s government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS Article 23. In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational Article 24. The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city’s water front, Article 25. The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water Article 26. In the development of new urban areas, rational use shall be made of the existing facilities of a city. Article 27. In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout
CHAPTER IV IMPLEMENTATION OF CITY PLANNING Article 28. The plan for a city shall be announced by the people’s government of the city after it is approved. Article 29. The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected Article 30. The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme Article 31. When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction Article 32. For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its Article 33. A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use. Article 34. All units and individuals must obey the decisions on readjustments in the use of land made by the people’s government of a city Article 35. No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply Article 36. The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities. Article 37. The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban Article 38. The competent department of city planning administration may participate in the checking and acceptance of important development
CHAPTER V LEGAL LIABILITY Article 39. If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for Article 40. Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line Article 41. A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements Article 42. A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision, Article 43. Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices
CHAPTER VI SUPPLEMENTARY PROVISIONS Article 44. This Law may be referred to for a residents’ community in an industrial or mining district without the administrative status of Article 45. Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people’s congresses Article 46. This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be
CITY PLANNING LAW OF THE PEOPLE’S REPUBLIC OF CHINA (Adopted at the 11th Meeting of the Standing Committee of the Seventh National People’s Congress on December 26, 1989, promulgated
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II FORMULATION OF THE PLAN FOR A CITY
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS
CHAPTER IV IMPLEMENTATION OF CITY PLANNING
CHAPTER V LEGAL LIABILITY
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic Article 2. This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out Article 3. The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for Article 4. The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts. Article 5. City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction Article 6. The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national Article 7. The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive Article 8. The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to Article 9. The competent department of city planning administration under the State Council shall be responsible for city planning throughout The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible Article 10. All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring
CHAPTER II FORMULATION OF THE PLAN FOR A CITY Article 11. The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous Article 12. The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation Article 13. In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast Article 14. In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment, In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions Article 15. In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, Article 16. In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed. Article 17. For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made Article 18. The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large Article 19. The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include ORGANIC LAW OF THE URBAN RESIDENTS COMMITTEES
|
|
(Effective Date:1990.05.28–Ineffective Date:)
Article 1. These Measures are formulated for the propose of strengthening the administration of reception of television programmes transmitted Article 2. The term “reception of television programmes transmitted via foreign satellites by ground satellite receiving facilities” as used Article 3. The Ministry of Radio, Film and Television shall be in charge of the administration of reception of the television programmes transmitted The departments (or bureaus) of radio and television of the provinces, autonomous regions and municipalities directly under the Central Article 4. Units of education, scientific research, journalism, finance, and economic relations and trade and other units that are really necessitated Guest houses (or hotels) and apartments which permanently accommodate foreigners may, on condition that it is really necessary for Services with respect to the installation and maintenance of ground satellite receiving facilities for receiving television programmes Article 5. A unit that applies to utilize its existing ground satellite receiving facilities or install special ground satellite receiving facilities (1) The work or business operations of the applying unit demands reception of television programmes transmitted via foreign satellites; (2) The direction of reception, the content thereof and the scope of eligible viewers have been definitely specified; (3) The applying unit possesses the technology and equipment that measure up to the standard of the state; (4) The applying unit possesses qualified professional personnel for the administration of such programmes; and (5) There is a sound system of administration in the applying unit. Article 6. A unit that intends to utilize its existing ground satellite receiving facilities or install special ground satellite receiving facilities Article 7. Without holding a Permit, no unit already in possession of ground satellite receiving facilities may receive television programmes Article 8. A unit holding a permit shall, in receiving and making use of foreign television programmes, strictly comply with the requirements No permit may be tampered with the transferred. If changes in the work or business operations require alterations in the provisions Article 9. A unit holding a Permit may use the television programmes received from transmission via foreign satellites only in the work or business The catalogue of the audio-visual materials recorded upon approval shall be submitted regularly for the records to the departments The recorded audio-visual materials seal be placed for strict safekeeping by a specially appointed person. Article 10. Departments of radio and television, public security and state security shall be responsible for exercising supervision and inspection Article 11. If any unit violates the provisions in Articles 8 and 9 of these Measures, the department (or bureau) of the province, autonomous Article 12. If, in violation of the provision in Article 7 of these Measures, any unit without holding a permit installs ground satellite receiving Article 13. Any party who is not satisfied with the penalty of a fine or of the revocation of the permit may, within 15 days of receipt of the Article 14. With respect to reception of television programmes transmitted via foreign satellites by units of the armed forces and the departments If foreign embassies (or consulates) stationed in China and other institutions which enjoy diplomatic privileges and immunities intend Article 15. The Ministry of Radio, Film and Television shall be responsible for the interpretation of these Measures. Article 16. These Measures shall go into effect as of the date of promulgation.
|
|
(Effective Date:1990.03.02–Ineffective Date:)
Article 1 The present Regulations are to strengthen supervision of international-shipping-agency services and meet the Country’s foreign economic Article 2 The present regulations are applicable to agency services vessels for international navigation. Article 3 The Ministry of Communications of the People’s Republic of China (hereinafter referred to as the Ministry of Communications) is the Article 4 Only shipping agencies established with the approval of the Ministry of Communications are permitted to handle shipping-agency services. Article 5 A shipping agency shall meet the following requirements before it can be established: (1) It operates on its own and is able to bear civil responsibility independently; (2) Its legal representative has professional knowledge and capable of handling experience in international-maritime-shipping-agency (3) It has essential full-time personnel in business, Customs declaration, finance, foreign languages and other disciplines; (4) It is familiar with China’s laws, regulations and requirements concerning vessels for international navigation and is able to (5) It has articles of association, permanent organization, work place and necessary transport and telecommunication facilities; (6) It has funds for its business operations. Article 6 An application for permission to establish a shipping agency shall be submitted in written form to the organization in charge of The application shall include the following items: (1) The agency’s name (including its English translation), detailed address (in both Chinese and English), telephone, cable and telex (2) Its projected business items; (3) A certificate of its registered capital and the capital it actually has or guarantee fund; (4) The name, age, profession, detailed experience and address of its legal representative; (5) The agency’s articles of association, organizational structure and disposition of professional personnel. Article 7 The application for permission to establish a shipping agency- after being checked by the departments in charge of communications If the application is approved, the applicant shall take alone the Ministry of Communications’ document of approval and register with Article 8 The Ministry of Communications may determine the scope of business of the shipping agency in the light of its scale, capital, capability, Within the scope of business approved by the Ministry of Communications, the shipping agency may handle part or all of the following (1) Making contacts and arranging for the entry into or exit from a harbor, locking and loading or unloading of ships; (2) Making customs declarations for ships, cargoes and containers; (3) Handling consignment, transshipment and combined-through- transportation of cargoes and containers; (4) Signing bills of lading, transport contracts and agreement for rapid ship dispatch or holdup of ships; (5) Handling international-passenger shipping; (6) Organizing freight and ordering shipping space for cargo owners; (7) Arranging for rescue and salvage at sea and undertaking maritime and admiralty affairs; (8) Acting as an agent in paying and collecting money and settling accounts; (9) Handling other items of shipping agency and service. Article 9 When a shipping agency, which has started operations, wants to expand or change its business scope, it shall go through the formalities Article 10 A shipping agency shall carry out its operations on the following principles; (1) Observing the country’s principles, policies, laws and administrative codes and regulations, safeguarding national rights and (2) Fulfilling its responsibilities in line with the entrustment, safeguarding the mandator’s legitimate rights and interests, and (3) Directing the shipping company, vessels and crew members it represents to observe relevant Chinese laws and regulations and assisting (4) Refraining from cheating in any form and illegal competition by use of improper methods or at the cost of national interests. Article 11 A shipping company enjoys complete independence in selecting its shipping agency and no institution or individual shall interfere Article 12 A shipping agency must abide by the standard rates or fees or charges set by the Ministry of Communication for all to follow and Article 13 Shipping agencies designated by the Ministry of Communications shall provide agency service for the following vessels; (1) Foreign military vessels; (2) Ships for training and scientific investigation; (3) Passenger ships (including tour ships) and private yachts; (4) Engineering ships and their support vessels; (5) Other types of vessels for which shipping agencies shall be designated. Article 14 All shipping agencies shall report to the Ministry of Communications their business operations in the first six months of a year (1) Profits or losses in revenue and expenditure; (2) A list of the shipping companies and vessels each agency represents, arranged in the order of their nationalities, and the total (3) Statistics of the flow of import and export commodities carried by the vessels represented and separate lists of the amounts of (4) Other matters to be reported at the request of the Ministry of Communications. Article 15 The Ministry of Communications and local organizations in charge of communications authorized by it are enpost_titled to check on the Article 16 When shipping agencies violate the present Regulations, the Ministry of Communications and local organizations in charge of communications (1) Warning; (2) Circulating a notice of criticism; (3) Fine; (4) Ordering the offender to suspend operations and straighten itself out; (5) Cancelling its approved qualifications for business operations. Article 17 Companies approved to handle shipping agency business before the present Regulations are promulgated shall, within three months after Article 18 The Ministry of Communications is responsible for interpreting the present Regulations. Article 19 The present Regulations shall come into force as of April 1, 1990.
|
|
The National People’s Congress Order of the President of the People’s Republic of China No.26 The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China which is composed of the Method for President of the People’s Republic of China Yang ShangKun April 4, 1990 Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China ContentsPreamble Chapter I General Principles Chapter II Relationship Between the Central Authorities and the Hong Kong Special Administrative Region Chapter III Fundamental Rights and Duties of the Residents Chapter IV Political Structure Section 1 The Chief Executive Section 2 The Executive Authorities Section 3 The Legislature Section 4 The Judiciary Section 5 District Organizations Section 6 Public Servants Chapter V Economy Section 1 Public Finance, Monetary Affairs, Trade, Industry and Commerce Section 2 Land Leases Section 3 Shipping Section 4 Civil Aviation Chapter VI Education, Science, Culture, Sports, Religion, Labour and Social Services Chapter VII External Affairs Chapter VIII Interpretation and Amendment of the Basic Law Chapter IX Supplementary Provisions Attachment I Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region Attachment II Method for the Formation of the Legislative Council of the Hong Kong Attachment III National Laws to be Applied in the Hong Kong Special Administrative Region Preamble Hong Kong has been part of the territory of China since ancient times; it was occupied by Britain after the Opium War in 1840. On Upholding national unity and territorial integrity, maintaining the prosperity and stability of Hong Kong, and taking account of its In accordance with the Constitution of the People’s Republic of China, the National People’s Congress hereby enacts the Basic Law Chapter I General Principles Article 1 The Hong Kong Special Administrative Region is an inalienable part of the people’s Republic of China. Article 2 The National People’s Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy Article 3 The executive authorities and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents Article 4 The Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents of the Hong Kong Special Administrative Article 5 The socialist system and policies shall not be practised in the Hong Kong Special Administrative Region, and the previous capitalist Article 6 The Hong Kong Special Administrative Region shall protect the right of private ownership of property in accordance with law. Article 7 The land and natural resources within the Hong Kong Special Administrative Region shall be State property. The Government of the Hong Article 8 The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary Article 9 In addition to the Chinese language, English may also be used as an official language by the executive authorities, legislature and Article 10 Apart from displaying the national flag and national emblem of the People’s Republic of China, the Hong Kong Special Administrative The regional flag of the Hong Kong Special Administrative Region is a red flag with a bauhinia highlighted by five star-tipped stamens. The regional emblem of the Hong Kong Special Administrative Region is a bauhinia in the centre highlighted by five star-tipped stamens Article 11 In accordance with Article 31 of the Constitution of the People’s Republic of China, the systems and policies practised in the Hong No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this Law. Chapter II Relationship Between the Central Authorities and the Hong Kong Special Administrative Region Article 12 The Hong Kong Special Administrative Region shall be a local administrative region of the People’s Republic of China, which shall Article 13 The Central People’s Government shall be responsible for the foreign affairs relating to the Hong Kong Special Administrative Region. The Ministry of Foreign Affairs of the People’s Republic of China shall establish an office in Hong Kong to deal with foreign affairs. The Central People’s Government authorizes the Hong Kong Special Administrative Region to conduct relevant external affairs on its Article 14 The Central People’s Government shall be responsible for the defence of the Hong Kong Special Administrative Region. The Government of the Hong Kong Special Administrative Region shall be responsible for the maintenance of public order in the Region. Military forces stationed by the Central People’s Government in the Hong Kong Special Administrative Region for defence shall not The Government of the Hong Kong Special Administrative Region may, when necessary, ask the Central People’s Government for assistance In addition to abiding by national laws, members of the garrison shall abide by the laws of the Hong Kong Special Administrative Region. Expenditure for the garrison shall be borne by the Central People’s Government. Article 15 The Central People’s Government shall appoint the Chief Executive and the principal officials of the executive authorities of the Article 16 The Hong Kong Special Administrative Region shall be vested with executive power. It shall, on its own, conduct the administrative Article 17 The Hong Kong Special Administrative Region shall be vested with legislative power. Laws enacted by the legislature of the Hong Kong Special Administrative Region must be reported to the Standing Committee of the National If the Standing Committee of the National People’s Congress, after consulting the Committee for the Basic Law of the Hong Kong Special Article 18 The laws in force in the Hong Kong Special Administrative Region shall be this Law, the laws previously in force in Hong Kong as provided National laws shall not be applied in the Hong Kong Special Administrative Region except for those listed in Attachment III to this The Standing Committee of the National People’s Congress may add to or delete from the list of laws in Attachment III after consulting In the event that the Standing Committee of the National People’s Congress decides to declare a state of war or, by reason of turmoil Article 19 The Hong Kong Special Administrative Region shall be vested with independent judicial power, including that of final adjudication. The courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions The courts of the Hong Kong Special Administrative Region shall have no jurisdiction over acts of state such as defence and foreign Article 20 The Hong Kong Special Administrative Region may enjoy other powers granted to it by the National People’s Congress, the Standing Committee Article 21 Chinese citizens who are residents of the Hong Kong Special Administrative Region shall be enpost_titled to participate in the management Article 22 No department of the Central People’s Government and no province, autonomous region, or municipality directly under the Central Government If there is a need for departments of the Central Government, or for provinces, autonomous regions, or municipalities directly under All offices set up in the Hong Kong Special Administrative Region by departments of the Central Government, or by provinces, autonomous For entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval. Among them, The Hong Kong Special Administrative Region may establish an office in Beijing. Article 23 The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion Chapter III Fundamental Rights and Duties of the Residents Article 24 Residents of the Hong Kong Special Administrative Region (“Hong Kong residents”) shall include permanent residents and non-permanent The permanent residents of the Hong Kong Special Administrative Region shall be: (1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region; (2) Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the (3) Persons of Chinese nationality born outside Hong Kong of those residents listed in categories (1) and (2); (4) Persons not of Chinese nationality who have entered Hong Kong with valid travel documents, have ordinarily resided in Hong Kong for (5) Persons under 21 years of age born in Hong Kong of those residents listed in category (4) before or after the establishment of the (6) Persons other than those residents listed in categories (1) to (5), who, before the establishment of the Hong Kong Special Administrative The above-mentioned residents shall have the right of abode in the Hong Kong Special Administrative Region and shall be qualified The non-permanent residents of the Hong Kong Special Administrative Region shall be persons who are qualified to obtain Hong Kong Article 25 All Hong Kong residents shall be equal before the law. Article 26 Permanent residents of the Hong Kong Special Administrative Region shall have the right to vote and the right to stand for election Article 27 Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession Article 28 The freedom of the person of Hong Kong residents shall be inviolable. No Hong Kong resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. Arbitrary or unlawful search Article 29 The homes and other premises of Hong Kong residents shall be inviolable. Arbitrary or unlawful search of, or intrusion into, a resident’s Article 30 The freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may, on any Article 31 Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Region and freedom of emigration to Article 32 Hong Kong residents shall have freedom of conscience. Hong Kong residents shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities Article 33 Hong Kong residents shall have freedom of choice of occupation. Article 34 Hong Kong residents shall have freedom to engage in academic research, literary and artistic creation, and other cultural activities. Article 35 Hong Kong residents shall have the right to confidential legal advice, access to the courts, choice of lawyers for timely protection Hong Kong residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities Article 36 Hong Kong residents shall have the right to social welfare in accordance with law. The welfare benefits and retirement security of Article 37 The freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law. Article 38 Hong Kong residents shall enjoy the other rights and freedoms safeguarded by the laws of the Hong Kong Special Administrative Region. Article 39 The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as prescribed by law. Such restrictions shall Article 40 The lawful traditional rights and interests of the indigenous inhabitants of the “New Territories” shall be protected by the Hong Article 41 Persons in the Hong Kong Special Administrative Region other than Hong Kong residents shall, in accordance with law, enjoy the rights Article 42 Hong Kong residents and other persons in Hong Kong shall have the obligation to abide by the laws in force in the Hong Kong Special Chapter IV Political Structure Section 1 The Chief Executive Article 43 The Chief Executive of the Hong Kong Special Administrative Region shall be the head of the Hong Kong Special Administrative Region The Chief Executive of the Hong Kong Special Administrative Region shall be accountable to the Central People’s Government and the Article 44 The Chief Executive of the Hong Kong Special Administrative Region shall be a Chinese citizen of not less than 40 years of age who Article 45 The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative The specific method for selecting the Chief Executive is prescribed in Attachment I “Method for the Selection of the Chief Executive Article 46 The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years. He or she may serve Article 47 The Chief Executive of the Hong Kong Special Administrative Region must be a person of integrity, dedicated to his or her duties. The Chief Executive, on assuming office, shall declare his or her assets to the Chief Justice of the Court of Final Appeal of the Article 48 The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions: (1) To lead the government of the Region; (2) To be responsible for the implementation of this Law and other laws which, in accordance with this Law, apply in the Hong Kong Special (3) To sign bills passed by the Legislative Council and to promulgate laws; To sign budgets passed by the Legislative Council and report the budgets and final accounts to the Central People’s Government for (4) To decide on government policies and to issue executive orders; (5) To nominate and to report to the Central People’s Government for appointment the following principal officials: Secretaries and Deputy (6) To appoint or remove judges of the courts at all levels in accordance with legal procedures; (7) To appoint or remove holders of public office in accordance with legal procedures; (8) To implement the directives issued by the Central People’s Government in respect of the relevant matters provided for in this Law; (9) To conduct, on behalf of the Government of the Hong Kong Special Administrative Region, external affairs and other affairs as authorized (10) To approve the introduction of motions regarding revenues or expenditure to the Legislative Council; (11) To decide, in the light of security and vital public interests, whether government officials or other personnel in charge of government (12) To pardon persons convicted of criminal offences or commute their penalties; and (13) To handle petitions and complaints. Article 49 If the Chief Executive of the Hong Kong Special Administrative Region considers that a bill passed by the Legislative Council is not Article 50 If the Chief Executive of the Hong Kong Special Administrative Region refuses to sign a bill passed the second time by the Legislative The Chief Executive must consult the Executive Council before dissolving the Legislative Council. The Chief Executive may dissolve Article 51 If the Legislative Council of the Hong Kong Special Administrative Region refuses to pass the budget introduced by the government, Article 52 The Chief Executive of the Hong Kong Special Administrative Region must resign under any of the following circumstances: (1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons; (2) When, after the Legislative Council is dissolved because he or she twice refuses to sign a bill passed by it, the new Legislative (3) When, after the Legislative Council is dissolved because it refuses to pass a budget or any other important bill, the new Legislative Article 53 If the Chief Executive of the Hong Kong Special Administrative Region is not able to discharge his or her duties for a short period, In the event that the office of Chief Executive becomes vacant, a new Chief executive shall be selected within six months in accordance Article 54 The Executive council of the Hong Kong Special Administrative Region shall be an organ for assisting the Chief Executive in policy-making. Article 55 Members of the Executive Council of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive from among Members of the Executive Council of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents The Chief Executive may, as he or she deems necessary, invite other persons concerned to sit in on meetings of the Council. Article 56 The Executive Council of the Hong Kong Special Administrative Region shall be presided over by the Chief Executive. Except for the appointment, removal and disciplining of officials and the adoption of measures in emergencies, the Chief Executive If the Chief Executive does not accept a majority opinion of the Executive Council, he or she shall put the specific reasons on record. Article 57 A Commission Against Corruption shall be established in the Hong Kong Special Administrative Region. It shall function independently Article 58 A Commission of Audit shall be established in the Hong Kong Special Administrative Region. It shall function independently and be Section 2 The Executive Authorities Article 59 The Government of the Hong Kong Special Administrative Region shall be the executive authorities of the Region. Article 60 The head of the Government of the Hong Kong Special Administrative Region shall be the Chief Executive of the Region. A Department of Administration, a Department of Finance, a Department of Justice, and various bureaux, divisions and commissions shall Article 61 The principal officials of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Article 62 The Government of the Hong Kong Special Administrative Region shall exercise the following powers and functions: (1) To formulate and implement polici REGULATIONS OF THE STATE COUNCIL FOR ENCOURAGEMENT OF INVESTMENT BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG AND MACAOPROVISIONS OF THE HAINAN SPECIAL ECONOMIC ZONE FOR LAND LEASING AND TRANSFERENCE OF LEASEHOLD
|
