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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
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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
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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.
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(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
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| Category | CUSTOMS | Organ of Promulgation | The State Council | Status of Effect | Invalidated |
| Date of Promulgation | 1990-09-09 | Effective Date | 1990-09-09 | Date of Invalidation | 1997-08-01 |
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Measures of the Customs of the People’s Republic of China Concerning the Administration of the Goods, Means of Transport, and Articles |
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Chapter I General Provisions
Chapter II The Basis for the Inspection and Clearance of Imported and
Chapter III The Administration of the Import and Export Commodities of
Chapter IV Administration of Commodities Imported and Exported by Foreign
Chapter V Administration of Warehousing and Storing Enterprises for
Chapter VI Administration of Means of Transport and Articles Carried
Chapter VII Supplementary Provisions
Note:
(Approved by the State Council on September 8, 1990 and promulgated by
Decree No. 13 of the General Customs Administration on September 9, 1990)
(Editor’s Note: This Measures has been annulled by Measures for Customs
Supervision and Control of the Bonded Areas promulgated on August 1, 1997,
and effective as of the same date)
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the Customs
Law of the People’s Republic of China and the provisions of other pertinent
laws and regulation promulgated by the State in order to promote the
construction in the bonded area of Outer Gaoqiao in Shanghai and develop the
export-oriented economy.
Article 2 The bonded area of Outer Gaoqiao in Shanghai (hereinafter
referred to as “the bonded area”) is under the supervision and administration
of the Customs, and the Customs shall carry out the task of supervision and
administration in the bonded area according to Law. On the demarcation line
between the bonded area and the non-bonded areas (i.e., the other areas within
the territory of China, the same below shall be established well equipped
separation installation.
Article 3 Goods, means of transport, or articles carried by individuals
entering or leaving the bonded area must go through the entrance and exit of
the Customs establishments. They shall be declared at the Customs truthfully
and accept the inspection of the Customs. Enterprises engaged in import and
export business and enterprises engaged in production and storage business in
the bonded area, shall present document of approval, issued by the Shanghai
People’s Government or by the competent authorities designated by it, to the
Customs for registration.
Article 4 With respect to import and export commodities in the bonded
area, the consignee, the consignor, or their agent shall fill in the
declaration form for import and export commodities, and present the relevant
documents in accordance with provisions.
Article 5 Within the confines of the bonded area, only the competent
administrative organs and relevant enterprises are to be established.
With the exception of the security personnel, no other personnel shall
be permitted to reside in the bonded area.
Article 6 Within the confines of the bonded area, goods imported by the
competent administrative organs or enterprises for their own use shall be
used only in the bonded are; these goods are strictly forbidden to be
transferred or sold in the non-bonded areas without approval. The bonded
goods must be re-transported out of the territory, or be re-transported
after being processed out of the territory.
If, under special circumstances, the aforesaid goods must be transferred
to, or sold in non-bonded areas, they shall be regarded as imported goods,
and the persons concerned shall present import licence as prescribed by the
State, and pay import duty and product tax in the link of import (i.e. tax on
added value) or consolidated industrial and commercial tax.
Article 7 The establishment of production of projects, in the bonded
area, which are restricted and controlled by the State, shall be approved by
the competent authorities prescribed by the State.
Article 8 Goods and articles, whose import and export are forbidden
by the State, shall not be brought into or out of the bonded area.
Goods intended to be sold in the non-bonded areas shall not be transported
into the bonded area.
Article 9 The Customs has the right to inspect, according to the
provisions of the Customs Law of the People’s Republic of China, goods
imported into or exported from the bonded area and the sites connected with
them.
Chapter II The Basis for the Inspection and Clearance of Imported and
Exported Goods and the Preferential Treatment in Taxation
Article 10 Import or export licence shall be exempted in the following
cases; the importation into the bonded area of machinery, equipment, goods
and materials for capital construction, motor vehicles for production, means
of transport, and articles for office use, which are to be used within the
bonded area; the importation of raw and processed materials, spare and
component parts, primacy parts, fuels, and packaging supplies needed to
processing export products; the transit goods for storage; and the products
processed in the bonded areas and destined for export.
Article 11 Goods (including raw materials, spare parts and components,
primary parts, and packaging supplies for the production of export products),
transported from the non-bonded areas into the bonded area, shall be regarded
as export goods, and the Customs procedures shall be completed in accordance
with the pertinent provisions promulgated by the State.
Article 12 With respect to the domestically manufactured machinery,
equipment and articles for daily use, which are transported into the bonded
area from the non-bonded areas and are for the use by administrative
departments, enterprises and their personnel in the area, the interested
units shall declare at the Customs, which shall give clearance after
inspection. As regards those imported goods and articles transported into
the bonded area from the non-bonded areas and which have been cleared after
going through import procedures, the Customs duties already paid shall not
be refunded.
Article 13 Customs duty and consolidated industrial and commercial tax
(tax on products, or tax on added value) on the import and export goods of
the bonded area shall be handled in accordance with the following provisions:
(1) the machinery, equipment, and other goods and materials for capital
construction needed for the construction of basic installations and facilities
in the bonded area shall be exempted from duty;
(2) the building materials, the equipment for production and administration,
the fuels for production, motor vehicles within reasonable quantities for
production, means of transport, articles for office use, and the spare parts
and fittings needed for the maintenance of the aforesaid machinery, equipment
and motor vehicles, which are imported by enterprises in the bonded area for
their own use, shall be exempted from duty;
(3) the means of transport within reasonable quantities, articles for
office use, equipment for administration, imported by administrative
departments in the bonded are for their own use, shall be handled by applying
mutatis mutandis the provisions of Item (2) of this Article;
(4) the raw and processed materials, spare and components parts, primary
parts, and packaging supplies, imported by the enterprises in the bonded
area to be used for production of export products, shall be held in bond;
(5) transit goods shall be treated as bonded goods, and shall be exempted
from duty if they are to be re-exported;
(6) the importation of articles other than those within the scope as
prescribed in Items (1) through (5) of this Article, shall be taxed in
accordance with relevant regulations;
(7) the exportation of products processed by enterprises in the bonded
area shall be exempted from export duty and consolidated industrial and
commercial tax in the production link (tax on products, or tax on added
value).
Chapter III The Administration of the Import and Export Commodities of
Production Enterprises
Article 14 Enterprises destined for production in the bonded area shall
register at the Customs for the record, and obtain a “registration handbook”.
The aforesaid enterprises shall set up specialized account books to keep
separate records of the importation, storage, exportation, and marketing
conditions of raw and processed materials, spare and component parts, primary
parts and finished goods; and submit periodical statements to the Customs for
future reference and for verification and cancellation.
Article 15 The finished products manufactured with imported raw materials
and spare parts by production enterprises shall all be sold abroad. If, under
special circumstances, it is necessary to sell finished products, substandard
products, and leftover bits and pieces of raw materials in the non-bonded
areas, such products shall be regarded as imported products, the procedures
for importation shall be completed in accordance with the pertinent provisions
of the State and duties be paid according to regulations. The Customs shall,
in accordance with the quantities of the imported raw materials and spare and
component parts of which the finished products consist, levy duties on them.
In the event that the consignors or their agents cannot submit an accurate
report on the names, quantities and value of such raw materials and spare and
component parts, the Customs shall take the finished products as imported and
levy duties as such.
Article 16 The imported raw materials and spare and component parts
shall, within the period of one year after their importation, be processed into
finished products and sold outside the Chinese territory; and the enterprise
concerned shall, within the period of one month after the completion of the
execution of the contract, approach the Customs for verification and
cancellation be presenting the “registration handbook” and the declaration
form for export commodities endorsed by the Customs.
In case the imported raw materials and spare and component parts are not
processed into finished products within one year, with the exception of
special approval for an extension, due procedures for obtaining a licence and
paying the duty as import goods shall be completed.
Chapter IV Administration of Commodities Imported and Exported by Foreign
Trade Enterprises
Article 17 A foreign trade enterprise in the bonded area, which is
approved by the State competent authorities to conduct import and export
business, may transact transit trade and act as an agent for other enterprises
in the bonded area to import raw and processed material and spare and
component parts for production, or to export products. However, it may not
purchase goods manufactured by enterprises in the non-bonded area; nor may it
act as an agent for enterprises in the non-bonded area to import goods.
Article 18 When a foreign trade enterprise in the bonded area conducts
import and export of goods, the Customs shall give clearance after verifying
the import and export agency contract signed between the foreign trade
enterprise and the interested production enterprise, and other relevant
documents.
Article 19 Goods imported by a foreign trade enterprise in the bonded
area shall be stored in the warehouses and sites designated by the Customs
within the bonded area, and the aforesaid enterprise shall keep specialized
account books, and submit periodical statements to the Customs for
verification.
Article 20 When a foreign trade enterprise delivers goods, imported by
it as an agent, to a production enterprise for processing, or exports goods
as an agent for the production enterprise, both buying and selling parties
shall, by presenting the import and export agency contract to the Customs,
go through the procedures for Customs declaration, carrying-over of accounts,
and verification and cancellation.
With respect to the aforesaid goods carried over by the production
enterprise the Customs shall handle the matter in accordance with the
provisions in Chapter III of these Measures.
Article 21 Goods imported through the agency of a foreign trade
enterprise shall not be transferred or sold to the non-bonded areas without
authorization.
Chapter V Administration of Warehousing and Storing Enterprises for
Transit Goods
Article 22 Transit goods imported from abroad into the bonded area shall
be stored in warehouses and sites, designated by the Customs, in the bonded
area. Without the approval of the Customs, the aforesaid goods shall not be
transferred or sold.
Article 23 Transit goods, with the approval of the Customs, may undergo
simple processing in warehouses, such as grading, selecting, pasting trademark
tags, and changing the packing. The warehousing and storing enterprises
shall keep specialized account books for import, storage, transit, and
marketing, and submit periodical statements to the Customs for verification.
Article 24 The time limit for the storage of transit goods in the bonded
area shall be one year. If, under special circumstances, there is a need to
extend the time limit, an application shall be filed with the Customs for
an extension, which shall in no way exceed one year. In the event that the
transit goods are not transported out of the bonded area within the time
limit, the Customs shall handle the case in accordance with the provisions of
Article 21 of The Customs Law of the People’s Republic of China.
Chapter VI Administration of Means of Transport and Articles Carried
Along by Individuals
Article 25 The persons in charge or the owners of the means of transport
entering or leaving the bonded area, or their agents, shall present the
certification, approved by Shanghai People’s Government or the competent
organs designated by it, for going through the procedures of registration for
the record.
Article 26 Means of transport, on entering or leaving the bonded area,
shall declare at the Customs, and accept the inspection by the Customs.
Article 27 Means of transport and personnel, while going from the
bonded area to a non-bonded area, shall not, without approval, transport or
carry out of the bonded area bonded goods or products made from bonded raw
and processed materials and spare and component parts.
Chapter VII Supplementary Provisions
Article 28 Cases concerning the supervision charges for goods with
Customs duties reduced or exempted, or for bonded goods imported into the
bonded area, shall be handled in accordance with Measures of the Customs of
the People’s Republic of China Concerning the Collection of Customs
Supervision Charges for Goods Imported with Reduction of or Exemption from
Customs Duty, and for Bonded Goods.
Article 29 It is strictly prohibited to engage in illegal activities of
smuggling by taking advantage of the preferential treatment and conveniences
granted by the State to the bonded area. The Customs shall handle the
smuggling activities which occur in the bonded area in accordance with the
provisions of The Customs Law of the People’s Republic of China.
Article 30 The right to interpret these Measures resides in the General
Customs Administration. Rules for the implementation of these Measures may be
formulated by the Shanghai Customs in accordance with these Measures. The
implementation rules shall be put into effect after its approval by the
General Customs Administration.
Article 31 These Measures shall be promulgated and put into effect by
the General Customs Administration.
Note:
Note 1 In the Reply to the Measures of the Customs of the People’s
Republic of China Concerning the Administration of the Goods, Means of
Transport, and Articles Carried by Individuals to be Brought into or out
of the Bonded Area of Outer Gaoqiao in Shanghai, The State Council gave
the following instruction: “A special, colsed channel shall be constructed
in between the bonded area of Outer Gaoquao in Shanghai and the wharf. The
Measures shall be put into effect after the separation installations in the
bonded area have been completed, and checked strictly and accepted by the
Customs.” –The Editor
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(Effective Date:1991.03.01–Ineffective Date:)
Article 1. To strengthen the administration over the permanent representative offices set up by foreign waterway and highway transport enterprises Article 2. When foreign waterway and highway transport enterprises, including those engaged in harbor business, harbor and navigational channel Article 3. When the foreign transport enterprises apply for establishing permanent representative offices in China, they should present the a. An application signed by the enterprise’s chairman of board of directors or general manager, covering the name of the permanent b. Legal business license or duplicate copy of business registration issued by the governing authorities of the foreign country or c. Capital credibility certificate issued by financial organizations that have business relations with the enterprise; d. Letters from the enterprise appointing the office bearers of the permanent representative office and their resumes and photos (two Article 4. When the application is ratified by MCT, “the Document of Ratification for Establishment of Permanent Representative Office of Foreign Article 5. After the foreign transport enterprise’s application for establishment of permanent representative office in China is ratified, the Article 6. The number of representatives of the permanent representative offices is to be examined and decided by MCT in the light of the need Article 7. If a foreign transport enterprise wants to change the name of its permanent representative office, responsible members or representatives, Article 8. When a permanent representative office of a foreign transport enterprise intends to employ a Chinese citizen to work for it, it must Article 9. The proper business activities of the permanent representative offices and their representatives of the foreign transport enterprises Article 10. The permanent representative offices of foreign transport enterprises can only engage in indirect business activities. Should there Without the ratification by MCT, foreign transport enterprises are not allowed to establish permanent representative offices in China, Article 11. MCT has the authority to supervise and control the work of the permanent representative offices of foreign transport enterprises Article 12. When permanent representative offices of foreign transport enterprises intend to terminate their business upon or before the expiry Article 13. When permanent representative offices of foreign transport enterprises violate the rules hereof, MCT may warn, fine or punish them Article 14. When transport enterprises invested by overseas Chinese, Hong Kong and Macao compatriots or Sino-foreign transport joint ventures Article 15. The right to interpret the rules hereof rests with MCT. Article 16. The rules hereof comes into effect as of March 1, 1990.
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| Organic Law of the Urban Residents Committees of the People’s Republic of China | |
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| Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
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The State Administration for Import and Export Commodity Inspection Circular of the State Administration for Import and Export Commodity Inspection on the Certification of the Commodity Inspection Bureaus GuoJianWu [1990] No.467 December 31, 1990 All the local bureaus of commodity inspection: With regards to Article 29 of the Rules for the Implementation of Foreign-capital Enterprises Law of the Peopl’s Republic of China |
The State Administration for Import and Export Commodity Inspection
1990-12-31
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(Effective Date:1994.03.25–Ineffective Date:)
CHAPTER I VIGOROUSLY DEVELOP AGRICULTURE AND RURAL ECONOMY AND INCREASE THE INCOME OF PEASANTS CHAPTER II CONSCIENTIOUSLY STRENGTHEN The formulation of industrial policies is to work as one of the important means of the State in its strive to strengthen and improve In formulating State industrial policies, the following principles must be observed: (1) Such policies must be able to combine the For the 1990s the major objects of the State industrial policies are: constantly strengthen the basic status of agriculture to develop CHAPTER I VIGOROUSLY dEVELOP AGRICULTURE AND RURAL ECONOMY AND INCREASE THE INCOME OF PEASANTS To develop vigorously agriculture and the rural economy and increase the income of peasants are the first and foremost task of economic In developing agriculture and the rural economy, it is essential to implement in real terms the series of policies and measures formulated With the increase of rural productivity, the rational transfer of rural surplus labor will acquire an important relevance in the strive
CHAPTER II CONSCIENTIOUSLY STRENGTHEN THE CONSTRUCTION OF INFRASTRUTUAL FACILITIES AND BASIC INDUSTRIES The development of infrastructural facilities and basic industries must be accelerated so as to keep pace with that of the national For transportation, major efforts must by put to increase the carrying capacity of railways. While giving special effort to develop In order to accelerate the development of infrastructure facilities and basic industries, the State will adopt the following principal
CHAPTER III VIGOROUSLY DEVELOP PILLAR INDUSTRIES Efforts should be made to accelerate the development of machine- building, electronic, petro-chemical, automobile and construction For machine-building industry focus should be put on the making of elementary machinery, basic parts and complete sets of major technical The State will promote the development of the pillar industries by adopting the following measures: to formulate and publish unified
CHAPTER V VIGOROUSLY DEVELOP FOREIGN ECONOMIC RELATIONS AND TRADE The government will continue to encourage the expansion of foreign trade, actively readjust the trade structure so as to display the The State encourages export of the following products; agricultural and sideline products with comparative advantages, light industrial The State encourages the import of new technology and relevant key equipment, key and spare parts; appropriately increases the import For such an end, the State will fully use the function of the import and export banks to encourage enterprises to increase their export CHAPTER VI Organization, Technology and Setup of Industries (1) The objectives of the policies toward industrial organizations are: promoting fair competition among enterprises and realizing To realize the objectives, the government will; gradually introduce market mechanism into industries which are of monopoly in nature (2) The key objects of industrial technology policy are to: promote the development of applied technologies, encourage the integration The government will adopt the following measures to promote technological progress: To increase input in scientific research and development (3) The main principles of the industrial distribution policies: while continuing to display the advantages of economically developed It should gradually form rational distribution of industries along the seas, rivers, roads and borders, with large cities along the The government will make the best use of the situation to guide urbanizations toward a healthy development so as to form an urban
CHAPTER VII PROCEDURES FOR FORMULATING INDUSTRIAL POLICIES AND THEIR IMPLEMENTATION Industrial policies include industrial structure policies, industrial organizational policies, industrial technology policies, industrial (1) The State industrial policies shall be determined by the State Council and the formulated under the initial of the State Planning (2) A system shall be created by State for the examination and review of the State industrial policies. The concrete industrial policies (3) A system must be created to ensure the real implementation of the State industrial policies by various economic administration (4) A system must be created for the supervision, examination and assessment of the State industrial policies. The State Planning (5) Provincial level people’s governments shall, according to the requirements of the present outline, formulate detailed rules for (6) The government shall, in the near future, draft industrial policies for transport, telecommunications, construction, electronics, (7) The document shall be interpreted by the State Planning Commission. The outline of the State industrial policies for the 1990s shall be implemented starting from the date of publication.
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