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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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(Effective Date:1990.05.19–Ineffective Date:)
CHAPTER I GENERAL PROVISIONS
CHAPTER II THE ASSIGNMENT OF THE RIGHT TO THE USE OF THE LAND
CHAPTER III THE TRANSFER OF THE RIGHT TO THE USE OF THE LAND
CHAPTER IV THE LEASE OF THE RIGHT TO THE USE OF THE LAND
CHAPTER V THE MORTGAGE OF THE RIGHT TO THE USE OF THE LAND
CHAPTER VI THE TERMINATION OF THE RIGHT TO USE OF THE LAND
CHAPTER VII THE ALLOCATED RIGHT TO THE USE OF THE LAND
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. These Regulations are formulated in order to reform the system of using the State-owned land in the urban areas, rationally develop, Article 2. The State, in accordance with the principle of the ownership being separated from the right to the use of the land, implements ten The term “State-owned land in the urban areas~ as used is the preceding paragraph refers to the land owned by the whole people (hereinafter Article 3. Any company, enterprise, other organization and individual within or outside the People’s Republic of China may, unless otherwise Article 4. Users of the land who have obtained the right to the use of the land in accordance with these Regulations may, within the term of 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 right to the use of the registration of the THE registration documents shall be made available for public reference.
CHAPTER II THE ASSIGNMENT OF THE RIGHT TO THE USE OF THE LAND Article 8. The assignment of the right to the use of the land refers to the act of the State as the owner of the land who, within the term of An assignment contract shall be signed for assigning the right to the use of the land. Article 9. People’s governments at the municipal and county levels shall be in charge of assigning the right to the use of the land, which shall Article 10. The land administration departments under the people’s governments at the municipal and county levels shall, in conjunction with Article 11. The contract for assigning the right to the sue of the land shall be signed by and between the land administration departments under Article 12. The maximum term with respect to the assigned right to the use of the land shall be determined respectively in the light of the purposes (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 right to the use of the land may be carried out by the following means: (1) by reaching an agreement through consultations; (2) by invitation to bid; or (3) by auction. The specific procedures and steps for assigning the right to the use of the land by the means stipulated in preceding paragraphs shall Article 14. The land user shall, within 60 days of the signing of the contract for the assignment of the right to the use of the land, pay the Article 15. The assigning party shall, in compliance with the stipulations of the contract, provide the right to the use of the land thus assigned, Article 16. After paying the total amount of the fee for the assignment of the right to the use of the land, the land user shall, in accordance Article 17. The land user shall, in conformity with the stipulations of the contract for the assignment of the right to the use of land and the 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 purposes of land use as stipulated in the contract for assigning the right to the use of land,
CHAPTER III THE TRANSFER OF THE RIGHT TO THE USE OF THE LAND Article 19. The transfer of the right to the use of the land refers to the land user’s act of re-assigning the right to the use of the land, If the land has not been developed and utilized in accordance with the period of time specified in the contract and the conditions Article 20. A transfer contract shall be sighed for the transfer of the right to the use of the land. Article 21. With the transfer of the right to the use of the land, the rights and obligations specified in the contract for assigning the right Article 22. The land user who has acquired the right to the use of the land by means of the transfer thereof shall have a term of use which is Article 23. With the transfer of the right to the use of the land, the ownership of the above-ground buildings and other attached objects shall Article 24. The owners or joint owners of the above-ground buildings and other attached objects shall have the right to the use of the land within With the transfer of the ownership of the above-ground buildings and other attached objects by the land users, the right to the use Article 25. With respect to the transfer of the right to the use of the land and of the ownership of the above-ground buildings and other attached Divided transfer of the right to the use of the land and of the ownership of the above-ground buildings and other attached objects Article 26. When the transfer of the right to the use of the land is priced at a level obviously lower than the prevailing market price, the When the market price for the transfer of the right to the use of the land rises to an unreasonable extent, the people’s governments Article 27. If, after the transfer of the right to the use of the land, necessity arises for altering the purposes of land use as stipulated
CHAPTER IV THE LEASE OF THE RIGHT TO THE USE OF THE LAND Article 28. The lease of the right to the use of the land refers to the act of the land user as the lessor to lease the right to the use of the If the land has not been developed and utilized in accordance with the period of time specified in the contract and the conditions Article 29. A lease contract shall be signed for leasing the right to the use of the land by and between the lessor and the lessee. The lease contract shall not run counter to the laws and regulations of the State or the stipulations of the contract for assigning Article 30. After leasing the right to the use of the land the lessee must continue to perform the contract for assigning the right to the use Article 31. With respect to the lease of the right to the use of the land together with the above-ground buildings and other attached objects,
CHAPTER V THE MORTGAGE OF THE RIGHT TO THE USE OF THE LAND Article 32. The right to the use of the land may be mortgaged. Article 33. With the mortgage of the right to the use of the land, the above-ground buildings and other attached objects thereon shall be mortgaged With the above-ground buildings and other attached objects, the right to the use of the land within the limits of use of the said Article 34. A mortgage contract shall be signed for mortgaging the right to the use of the land by and between the mortgagor and the mortgagee. The mortgage contract shall not run counter to the laws and regulations of the State or the stipulations of the contract for assigning Article 35. With respect to the mortgage of the right to the use of the land together with the above-ground buildings and other attached objects, Article 36. If the mortgagor fails to fulfil liabilities within the prescribed period of time or declares dissolution or bankruptcy within the With respect to the right to the use of the land and the ownership of the above-ground buildings and other attached objects acquired Article 37. The mortgagee shall have the priority of compensation with respect to the receipts resulting from the disposal of the mortgaged property. Article 38. If the mortgage is eliminated as a result of the liquidation of liabilities or for other reasons, procedures shall be undertaken
CHAPTER VI THE TERMINATION OF THE RIGHT TO USE OF THE LAND Article 39. The right to the use of the land shall terminate for such reasons as the expiration of the term of use as stipulated in the contract Article 40. Upon expiration of the term of use, the right to the use of the land and the ownership of the above-ground buildings and other attached Article 41. Upon expiration of the term of use, the land user may apply for its renewal. Where such a renewal is necessary, a new contract shall Article 42. The State shall not withdraw before the expiration of the term of use the right to the use of the land which the land user acquired
CHAPTER VII THE ALLOCATED RIGHT TO THE USE OF THE LAND Article 43. the allocated right to the use of the land refers to the right to the use of the land which the land user acquires in accordance The land user referred to in the preceding paragraph shall pay tax for the use of the land in accordance with the provisions of the Article 44. The allocated right to the use of the land may not be transferred, leased, or mortgaged, with the exception of cases as specified Article 45. On condition that the following requirements are satisfied, the allocated right to the use of the land and the ownership of the above-ground (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 right to the use of land is signed in accordance with the provisions in Chapter II of these Regulations The transfer, lease or mortgage of the allocated right to the use of the land referred to in preceding paragraphs shall be handled Article 46. Any units or individuals that transfer, lease or mortgage the allocated right to the use of the land without authorization shall Article 47. If the land user who has acquired the allocated right to the use of the land without compensation stops the use thereof as a result The municipal or county people’s government may, based on the needs of urban construction and development and the requirements of When the allocated right to the use of the land is withdrawn without compensation, the municipal or county people’s government shall,
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 48. The right to the use of the land 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 tax laws and regulations of the State. Article 50. Fees collected by assigning the right to the use of the land in accordance with these Regulations shall be included in the fiscal 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 right to the use 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 go into effect as of the date of promulgation.
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(Effective Date:1990.03.03–Ineffective Date:)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II REPORT
CHAPTER III INVESTIGATION
CHAPTER IV HANDLING OF ACCIDENTS
CHAPTER V MEDIATION
CHAPTER VI PENALTIES
CHAPTER VII SPECIAL PROVISIONS
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. These Regulations are formulated according to the relevant provisions of the Maritime Traffic Safety Law of the People’s Republic Article 2. The harbour superintendency establishments of the People’s Republic of China shall be responsible for implementing these Regulations. Article 3. These Regulations shall apply to the maritime traffic accidents happening to the vessels and installations in the coastal waters If there exist special provisions in state laws and administrative regulations for the investigation and handling of the maritime Article 4. The maritime traffic accidents referred to in these Regulations mean the following accidents happening to vessels and installations: (1) Collision, strike or damage by waves; (2) Hitting hidden rocks or running aground; (3) Fire or explosion; (4) Sinking; (5) Damage or loss of machinery parts or important tools during a voyage which affects the vessel’s seaworthiness; (6) Other maritime traffic accidents which cause losses in property and human lives.
CHAPTER II REPORT Article 5. The persons in charge of the vessels and installations which are involved in maritime traffic accidents must report immediately to Article 6. The persons in charge of the vessels and installations which are involved in maritime traffic accidents must, in addition to making (1) If maritime traffic accidents happen to vessels or installations within the waters of the harbour areas, it is necessary to submit (2) If maritime traffic accidents happen to vessels or installations in the coastal waters beyond the waters of harbour areas, it (3) If a maritime traffic accident happens in the course of pilotage, the pilot shall submit the Report Concerning Maritime Traffic If, because of special circumstances, the Report Concerning Maritime Traffic Accidents cannot be submitted within the time limit set Article 7. The following information shall be truthfully provided in the Report Concerning Maritime Traffic Accidents: (1) Basic conditions of the vessel or installation and the data concerning its main functions; (2) Name and address of the owner or manager of the vessel or installation; (3) When and where the accident happened; (4) The climatic conditions and the conditions on the sea when the accident happened; (5) A detailed description of the course of the accident (for a collision, a sketch map illustration the face-to-face movements shall (6) Degree of the damage (A sketch showing the damaged parts of the vessel or installation shall be attached. If it is difficult to (7) Estimated location of sinking in case where the vessel or installation sank; (8) Other information related to the accident. Article 8. A report concerning maritime traffic accidents must be truthful and there must not be any concealment or falcification. Article 9. If a vessel or an installation is damaged due to a maritime traffic accident, the captain in of the vessel or the person in charge The harbour superintendency administration may entrust the inspection and appraisement mentioned in the preceding paragraph to relevant If the accident happening to a vessel or installation involved fire or explosion, the captain or the person in charge of installation
CHAPTER III INVESTIGATION Article 10. Harbour superintendency administration shall be responsible for the investigation of the maritime traffic accidents which happen The maritime traffic accidents which happen outside the waters of harbour areas shall be investigated by the harbour superintendency When the harbour superintendency administration concerned deems it necessary, he may request relevant departments and social organizations Article 11. Upon receiving accident reports, the harbour superintendency administration shall promptly carry out investigation. Investigation (1) Question the persons concerned; (2) Demand written material and testimonial from the persons under investigation; (3) Demand the parties involved to provide logbooks, engine room logs, wheel-bell records, radio operation logs, course records, charts, (4) Examine certificates of the vessels, installations and the relevant equipment and certificates of the personnel and verify seaworthiness (5) Examine the damage to the vessels, installations and goods and assertain casualties of personnel; (6) Survey the scene of the accident and collect relevant material evidences. During the investigation, the harbour superintendency administration may use recording, photographing and video equipment and may Article 12. The persons being investigated must subject themselves to the investigation, honestly state the relevant circumstances of the accident In conducting investigations, the personnel of harbour superintendency administration shall produce their certificates to the persons Article 13. If the investigation of a maritime traffic accident so requires, the harbour superintendency administration may order the vessel(s) Article 14. The organs respectively in charge of public security, state security, supervision, procuratorial work, and judicial work, as well
CHAPTER IV HANDLING OF ACCIDENTS Article 15. The harbour superintendency administrations shall, according to the investigations of maritime traffic accidents, work out the Report Article 16. The Report on Findings Concerning the Maritime Traffic Accident shall include the following items: (1) Basic conditions of the vessels or installations and the main data; (2) Names and addresses or the owners or managers of the vessels or installations; (3) When and where the accident happened, the course of the accident, weather and sea conditions at the time, seriousness of the damage; (4) Causes of the accident and evidences thereof; (5) Liabilities of the parties involved and evidences thereof; (6) Other relevant information. Article 17. The harbour superintendency administrations may, according to the nature and seriousness of their liabilities, mete out the following (1) Warnings, fines, suspension or revocation of their job certificates may be resorted to when the crew, pilots or personnel working (2) Warnings and fines may be imposed on the crew or the personnel working on the installations who are of foreign nationalities or Article 18. If it is necessary to pursue the administrative responsibility of the persons involved, owners or managers of the vessels or installations Article 19. The harbour superintendency administration may, in the light of the causes of the maritime traffic accidents, order the owners and
CHAPTER V MEDIATION Article 20. If a maritime traffic accident happening to vessels or installations gives rise to a civil dispute over tort liability, the parties Mediations must be carried out on the principles of voluntariness and impartiality and no coercion shall be allowed. Article 21. If s suit has been brought before a maritime court or an application sent to a maritime arbitration organ, the parties to the civil Article 22. Written applications for mediations shall be submitted, by the parties within 30 days after the accident happened, to the harbour Article 23. If an agreement is reached after mediation, the harbour superintendency administration shall prepare a mediation document. The mediation Article 24. All the parties concerned shall execute the agreement of mediation of their own accord. If the parties renegue or fail to execute Article 25. If a party to a civil dispute who has applied to the harbour superintendency administration for mediation wants to withdraw from Article 26. If the harbour superintendency administration fails to make the parties reach an agreement of mediation within 3 months as of the Article 27. If the parties do not want mediation or the mediation has failed, they may bring a suit in a maritime court or apply to a maritime Article 28. Anyone who has applied to the harbour superintendency administration for mediation shall pay mediation fees. Standards for mediation If an agreement is reached through mediation, the mediation charge shall be shared according to the seriousness of the parties’ faults
CHAPTER VI PENALTIES Article 29. The harbour superintendency administration may, depending on the circumstances, warn or impose a fine of not more than 200 yuan on (1) Failing to report the accident to the harbour superintendency administration or submit the Report Concerning Maritime Traffic (2) Failing to sail to the spot designated by the harbour superintendency administration or leaving the designated spot without the (3) Affecting the progress of the investigations or causing losses to the departments concerned because the content of the accident (4) Affecting the investigation of the accident by violating the provisions of Article 9; (5) Refusing to be investigated or unjustifiably obstructing and interfering with the investigation by the harbour superintendency (6) Intertionally concealing facts or providing false testimonial during investigation. With respect to persons whose acts have constituted a crime as specified in paragraphs (5) and (6) of this Article, the judicial organs Article 30. Administrative sanctions shall be given by administrative supervision organs or relevant units to those persons working in harbour Article 31. If the parties concerned do not agree with the penalties imposed on them by the harbour superintendency administration according
CHAPTER VII SPECIAL PROVISIONS Article 32. If maritime traffic accidents happen to vessels of Chinese nationality outside the coastal waters of the People’s Republic of China, Article 33. If crew members of Chinese nationality holding job qualification certificates of the People’s Republic of China are held responsible The maritime traffic accidents mentioned in the first paragraph of this Article and in Article 32 shall be investigated and dealt
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 34. With respect to those operations which have violated the regulations concerning maritime traffic safety and have constituted latent Article 35. The maritime traffic accidents which have caused marine environmental pollution shall be dealt with in accordance with the relevant Article 36. These Regulations shall be interpreted by the Ministry of Communications. Article 37. These Regulations shall go into effect as of the date of promulgation.
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| Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1990-04-13 | Effective Date | 1990-04-13 |
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Procedures for the Administration of Chinese Financial Institutions Abroad |
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(Approved by the State Council on March 12, 1990 and promulgated by Decree
No.1 of the People’s Bank of China on April 13, 1990)
Article 1 These Procedures are formulated for the purpose of
strengthening the administration of Chinese financial institutions outside
China and ensuring the sound development of financial undertakings.
Article 2 All banking and non-banking financial institutions inside China
(hereinafter collectively referred to as “domestic financial institutions”),
all non-financial corporations, enterprises and other organizations inside
China (hereinafter collectively referred to as “domestic non-financial
institutions”), all Chinese-invested banking and non-banking financial
institutions outside China (hereinafter collectively referred to as
“Chinese-invested financial institutions abroad”), and all Chinese-invested
non-financial corporations, enterprises and other organizations outside China
(hereinafter collectively referred to as “Chinese-invested non-financial
institutions abroad”) that wish to invest in the establishment or purchase of
a financial institution abroad shall abide by these Procedures.
The term “financial institutions abroad” referred to in the preceding
paragraph denotes institutions which are established or purchased abroad by
domestic financial institutions or non-financial institutions, or
Chinese-invested financial institutions or non-financial institutions abroad
and which engage in such financial business operations as deposits, loans,
discount of negotiable instruments, settlements, trust investment, financial
lease, guarantees, insurance and deals in securities.
Article 3 The organ to examine, approve and administer the establishment
or purchase of financial institutions abroad is the People’s Bank of China.
Article 4 A domestic financial institution that applies for the
establishment or purchase of a financial institution abroad shall satisfy
the following requirements:
1) it has been approved by the State Council or the People’s Bank of
China, has been registered in accordance with the law and holds a Licence
of Financial Business Operations issued by the People’s Bank of China;
2) it has been permitted by the State Administration of Foreign Exchange
Control to handle foreign exchange operations, holds a Licence of Foreign
Exchange Operations issued by the State Administration of Foreign Exchange
Control and has the experience in handling foreign exchange operations for
over three years and the required specialized personnel;
3) it possesses legitimate sources of funds in foreign exchange; and
4) it possesses a foreign exchange fund of its own equivalent to no less
than 80 million Renminbi yuan.
Article 5 A domestic non-financial institution that applies for the
establishment or purchase of a financial institution abroad shall satisfy
the following requirements:
1) it is a large corporation or enterprise that has been established
upon approval by the department concerned and has been registered in
accordance with the law;
2) it has a group corporation or group enterprise or other large
enterprise operating abroad with a relatively solid foundation and good
prospect of making profit;
3) it has been permitted by the department in charge to establish a
financial institution abroad and possesses a foreign exchange fund of its own
equivalent to no less than 100 million Renminbi yuan; and
4) it possesses the specialized personnel required for handling financial
and foreign exchange operations.
Article 6 A Chinese-invested financial institution or non-financial
institution abroad that applies for the establishment or purchase of a
financial institution abroad shall satisfy the following requirements:
1) it has been established abroad upon approval by the department in
charge in accordance with the law, possessing the official document of
approval and the documents certifying that it is engaged in legitimate
business operations in the locality;
2) the Chinese-invested financial institutions in the locality where the
intended financial institution is to be established or purchased are in a
relatively weak position, which renders it necessary to establish the
financial institution; and
3) the application submitted is in conformity with the law of the country
or region concerned.
Article 7 The application for the establishment or purchase of a
financial institution abroad of shall be submitted for approval in accordance
with the following provisions:
1) the application by a domestic financial institution for the
establishment abroad a representative agency, a branch office, or for the
establishment abroad of a Chinese-invested financial institution or a
Chinese-foreign joint financial institution, or for the purchase of a
financial institution abroad, shall be submitted to the People’s Bank of
China for approval;
2) the application by a domestic non-financial institution for the
establishment abroad of a Chinese-invested financial institution or a
Chinese-foreign joint financial institution or for the purchase of a financial
institution abroad shall, upon verification and consent by the department in
charge which has solicited the opinions of the Ministry of Foreign Economic
Relations and Trade, be submitted to the People’s Bank of China for approval;
and
3) the application by a Chinese-invested financial institution or non-
financial institution abroad for the establishment or purchase of a financial
institution abroad shall, after its domestic investing unit has solicited the
opinions of the Ministry of Foreign Economic Relations and Trade, be submitted
to the People’s Republic of China for approval.
Article 8 For the establishment or purchase of a financial institution
abroad, the domestic investing unit concerned shall apply to the People’s
Bank of China. The application shall clearly state the name of the financial
institution to be established or purchased, its business scope, the
conditions, and the necessity therefor. After the content has been examined,
verified and filed as an item for processing by the People’s Bank of China,
the application shall be submitted in accordance with the provisions of these
Procedures.
The People’s Bank of China shall examine the application submitted by the
applying unit and shall, within three months of receipt of the same, make the
decision as to whether or not it will grant the approval.
Article 9 After the establishment or purchase of a financial institution
abroad has been approved, the domestic investing unit concerned shall, on
the strength of the document of approval by the People’s Bank of China and
in accordance with the pertinent provisions, approach the State Administration
of Foreign Exchange Control and go through the procedures to remit abroad
the required foreign exchange.
Article 10 A domestic financial institution that applies for the
establishment abroad of a representative agency shall submit the following
documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the proposed representative
agency, its address, the name of the chief representative and his/her
curriculum vitae; and
2) the estimated expense of the proposed agency and the certificate of
its source of foreign exchange.
Article 11 A domestic financial institution that applies for the
establishment abroad of a branch office shall submit the following documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the proposed branch office,
its address, the amount of its operating funds, the type(s) of business
operations, the curriculum vitae of the chief person in charge;
2) the statements of assets and liabilities, the statements of loss and
profit, and the financial reports of the applying unit for the three years
prior to the submission of the application;
3) the feasibility study report; and
4) other relevant documents required by the People’s Bank of China.
Article 12 A domestic financial institution or non-financial institution
or a Chinese-invested financial institution or non-financial institution
abroad that applies for the establishment abroad of a Chinese foreign joint
financial institution shall submit the following documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the proposed Chinese-invested
financial institution, its address, its registered capital and the actual
capital, the source(s) of funds, the type(s) of business operations and the
curriculum vitae of the chief person in charge;
2) the statements of assets and liabilities, the statements of loss and
profit, and the financial reports of the applying unit for the three years
prior to the submission of the application;
3) the feasibility study report; and
4) other relevant documents required by the People’s Bank of China.
Article 13 A domestic financial institution or non-financial institution
or a Chinese-invested financial institution or non-financial institution
abroad that applies for the establishment abroad of a Chinese-foreign joint
financial institution shall submit the following documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the proposed Chinese-foreign
joint financial institution, its registered capital and the actual capital,
the type(s) of business operations, the names of the respective investing
parties and the percentage of their respective capital contributions, the
source(s) of funds of the Chinese investor(s), and the curriculum vitae of
the chief person in charge;
2) the statements of assets and liabilities, the statements of loss and
profit, and the financial reports of the applying unit for the three years
prior to the submission of the application;
3) the agreement, the contract and the articles of association of the
joint financial institution initialled by the respective investing parties
thereto;
4) the feasibility study report; and
5) other relevant documents required by the People’s Bank of China.
Article 14 A domestic financial institution or non-financial institution
or a Chinese-invested financial institution or non-financial institution
abroad that applies for the purchase of a financial institution abroad shall
submit the following documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the financial institution that
is to be purchased, its address, the articles of association, the total
capital and total assets, the state of affairs of the institution and its
personnel, its financial position, the reasons of the purchase and the
objectives thereof, the amount of the fund needed for the purchase, and the
source(s) of the fund;
2) the statements of assets and liabilities, the statements of loss and
profit, and the financial reports of the applying unit for the three years
prior to the submission of the application;
3) the feasibility study report; and
4) other relevant documents required by the People’s Bank of China.
Article 15 If a financial institution abroad is to make any one of the
following changes, its domestic investing unit shall in advance submit an
application to the People’s Bank of China for examination and approval:
1) if a representative agency is to be upgraded to a branch office;
2) if a representative agency, or a branch office, or a Chinese-invested
financial institution or a Chinese-foreign joint financial institution is to
be disbanded; and
3) if the percentages of the shares held by the respective investing
parties to a Chinese-foreign joint financial institution are to be adjusted
or if the capital is to be increased.
Article 16 The domestic investing unit of a financial institution abroad
shall, prior to the date of July 31 every year, submit to the provincial
branch bank of the People’s Bank of China in the locality where it is situated
the work report of the financial institution abroad for the first half of
the year, which shall include the changes in the personnel of the institution,
a breakdown of the deposits and loans, a breakdown of the money sent abroad
or received therefrom; a breakdown of the import and export settlements, an
analysis of the projects of investment and an analysis of the business
transactions in foreign exchange, securities and gold. The afore-said report
shall then be transmitted to the People’s Bank of China, by its provincial
branch bank.
Article 17 The domestic investing unit of a financial institution abroad
shall, prior to the date of March 31 every year, submit to the provincial
branch bank of the People’s Bank of China the statement of assets and
liabilities, the statement of loss and profit, and the annual work report of
the financial institution abroad for the previous fiscal year, which shall
then be transmitted to the People’s Bank of China by its provincial branch
bank.
Article 18 The People’s Bank of China and its various provincial branch
banks shall have the right to exercise supervision over the work of the
financial institutions abroad.
Article 19 If any party, in violation of the provisions in Article 7 of
these Procedures, establishes or purchases a financial institution abroad
without the approval of the People’s Bank of China, the People’s Bank of China
shall have the right to freeze a corresponding amount of the foreign exchange
of the domestic investing unit thereof or of its Renminbi deposits, order it
to disband the financial institution abroad or set a deadline for it to make
up for the procedures of application for examination and approval, and conduct
close investigations into the liability of the chief person in charge of
the unit and of those who are directly responsible therefor.
If any party violates the provisions in Article 15 of these Procedures,
the People’s Bank of China shall have the right to freeze a corresponding
amount of the foreign exchange of the domestic investing unit thereof or of
its Renminbi deposits and order it to stop the business operations of the
financial institution abroad for rectification.
If any party violates the provisions in Articles 16 and 17 of these
Procedures, to a serious extent, the People’s Bank of China may impose a fine
of 100,000 Renminbi yuan or less on the domestic investing unit thereof.
Any party violates the regulations concerning foreign exchange control
shall be penalized in accordance with the pertinent provisions of the State.
Article 20 If any party has, before these Procedures go into effect,
established or purchased a financial institution abroad without approval of
the People’s Bank of China, it shall, within the time limit prescribed by
the People’s Bank of China, make up for the procedures of application for
examination and approval.
Article 21 These Procedures shall not apply to the enterprises with
foreign investment inside China.
Article 22 The People’s Bank of China shall be responsible for the
interpretation of these Procedures.
Article 23 These Procedures shall go into effect as of the date of
promulgation.
| Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | Invalidated |
| Date of Promulgation | 1990-09-08 | Effective Date | 1990-09-08 | Date of Invalidation | 1994-04-01 |
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Measures for the Administration of Foreign-capital Financial Institutions and Chinese-foreign Equity Joint Financial Institutions |
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Chapter I General Provisions
Chapter III Registered Capital and Operating Funds
Chapter IV Business Scope
Chapter V Management of Business
Chapter VI Supervision and Inspection
Chapter VII Dissolution and Liquidation
Chapter VIII Provisions of Penalties
Chapter IX Supplementary Provisions
(Approved by the State Council on September 7, 1990 and promulgated by
Decree No. 2 of the People’s Bank of China on September 8, 1990) (Editor’s
Note: The Measures have been annulled by the Regulations of the People’s
Republic of China on Administration of Foreign-Capital Financoal Institutions
promulgated on February 25, 1994 and effective as of April 1, 1994)
Chapter I General Provisions
Article 1 These Measures are formulated for the purpose of meeting the
needs of opening to the outside world and the economic development of the
Shanghai Municipality, strengthening and perfecting the administration of
foreign-capital financial institutions and Chinese-foreign equity joint
financial institutions.
Article 2 The term “foreign-capital financial institutions and
Chinese-foreign equity joint financial institutions”, referred to in these
Measures, denotes the following institutions which are established with
approval and registered to engage in business operations in accordance with
these Measures and with the pertinent provisions of other laws and regulations
of the People’s Republic of China:
1) foreign-capital banks with their head offices established in the
Shanghai Municipality (hereinafter referred to as “foreign bank”);
2) branches of foreign banks established in the Shanghai Municipality
(hereinafter referred to as foreign branch bank”);
3) banks established in the Shanghai Municipality with joint capital and
operation by foreign financial institutions and Chinese financial institutions
(hereinafter referred to as “joint bank”); and
4) financial companies established in the Shanghai Municipality with
joint capital and operation by foreign financial institutions and Chinese
financial institutions (hereinafter referred to as “joint financial company”).
Article 3 Foreign-capital financial institutions and Chinese-foreign
equity joint financial institutions shall abide by the laws and regulations of
the People’s Republic of China and their legitimate business activities and
lawful rights and interests shall be protected by Chinese laws.
Article 4 The People’s Bank of China is the competent authority in charge
of examining and approving, administering, and supervising foreign-capital
financial institutions and Chinese-foreign equity joint financial institutions.
The People’s Bank of China authorizes its Shanghai Branch to exercise
day-to-day administration and supervision of foreign capital financial
institutions and Chinese-foreign equity joint financial institutions.
Chapter II Establishment and Registration
Article 5 Any party applying for the approval to set up a foreign bank
shall satisfy the following requirements:
1) the investor is a financial institution;
2) the applicant has a representative office of more than three years’
standing inside China; and
3) the applicant possesses total assets of more than US$ 10 billion at
the end of the year prior to the submission of such an application.
Article 6 Any party applying for the approval to set up a foreign branch
bank shall satisfy the following requirements:
1) the applicant has a representative office of more than three years’
standing inside China;
2) the applicant possesses total assets of more than US$ 20 billion at
the end of the year prior to the submission of such an application; and
3) in the home country or region of the applicant, there is a sound system
for financial administration and supervision.
Article 7 Parties applying for the approval to set up a joint bank or a
joint financial company shall satisfy the following requirements:
1) each investing party to a joint bank or joint financial company is a
financial institution; and
2) the foreign investor has a representative office inside China.
Article 8 For a foreign bank to be set up, the foreign investor shall
apply to the people’s Bank of China and submit the following documents and
data:
1) an application for the establishment thereof, which shall include the
name of the intended bank, the registered capital and the amount of the
paid-in capital, and the types of business operations the bank intends to
engage in;
2) a feasibility study report;
3) the statements of assets and liabilities of the investor during the
three successive years prior to the submission of such an application,
together with the relevant certifying documents;
4) the draft articles of association of the intended bank;
5) a copy of the business licence of the investor approved and issued by
the competent authority concerned in the home country or region of the
investor and;
6) other documents and data as required by the People’s Bank of China.
Article 9 For a foreign branch bank to be set up, the head office of the
foreign bank concerned shall apply to the People’s Bank of China and submit
the following documents and data:
1) an application duly signed by the chairman of the board of directors
or the general manager of the bank, which shall include the name of the
intended branch bank, the amount of operating funds approved and allocated
by the head office, and the types of business operations the branch bank
intends to engage in;
2) annual reports for the three successive years prior to the submission
of such an application;
3) a copy of the business licence of the applying bank approved and
issued by the competent authorities of the home country or region of the
applying bank; and
4) other documents and data as required by the People’s Bank of China.
Article 10 For a joint bank or a joint financial company to be set up,
all the parties thereto shall jointly apply to the People’s Bank of China
and submit the following documents and data:
1) an application for the establishment thereof, which shall include the
name of the intended joint financial institution, the name of each investing
party thereto, the registered capital and the amount of the paid-in capital,
the respective percentage of contributions by the parties, and the types of
business operations the joint financial institution intends to engage in;
2) a feasibility study report jointly prepared by the parties thereto;
3) the agreement, the contract and the draft articles of association of
the joint financial institution initialled by the authorized representative
of each of the parties thereto;
4) the statements of assets and liabilities of each of the parties
thereto during the three successive years prior to the submission of such
an application, together with relevant supporting documents;
5) copies of the respective business licences of all the parties thereto
approved and issued by the competent authorities concerned of the home
country of region of each of the parties; and
6) other documents and data as required by the People’s Bank of China.
Article 11 Any of the documents and data prescribed in Articles 8,9 and
10 of these Measures, with the exception of the annual reports, if written
in a foreign language, shall be submitted together with a Chinese translation
thereof.
Article 12 After the application for the approval of such establishment
has been examined and approved by the People’s Bank of China, an official
application form shall be issued to the applicant(s).
The applicant(s) shall, after filling in the official application form,
formally apply to the People’s Bank of China and shall submit the following
documents for the application:
1) the official application form duly signed by the legal
representative(s) of the applicant(s) or the representative(s) authorized by
the applicant(s) (which shall be submitted in triplicate);
2) a list of the principal persons in charge of the institution to be set
up and their respective curriculum vitae;
3) power(s) of attorney for the principal persons in charge of the
institution;
4) where a foreign branch bank is to be set up, letters of undertaking
issued by the head office assuming for its branch office the obligations for
tax payment and debt repayment; and
5) other relevant data.
Article 13 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall, within 30 days of receipt of the
certificate of approval issued by the People’s Bank of China, undertake the
procedures of registration for the issuance of business licence with the
administrative department for industry and commerce in accordance with the
pertinent laws and regulations of the People’s Republic of China and shall,
within 30 days of commencement of business operations, undertake the
procedures for tax registration with the tax authorities in accordance with
the law.
Article 14 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution whose establishment has been approved
shall, after obtaining the business licence, apply to the State Administration
of Foreign Exchange Control for the approval and issuance of a Licence for
Business Operations in Foreign Exchange.
Article 15 In the event that a foreign-capital financial institution or
a Chinese-foreign equity joint financial institution should fail to commence
its business operations within 12 months of receipt of the certificate of
approval issued by the People’s Bank of China, the certificate of approval
shall automatically become null and void.
Article 16 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall apply to the People’s Bank of China
for verification and approval in respect of any one of the following items:
1) adjustment and transfer of the investment capital stock;
2) change of the business site;
3) change of the chairman (or the vice-chairman) of the board of
directors, or the president (or the vice-president), the general manager
(or the deputy general manager), or the president (or vice-president) of a
branch office; and
4) establishment of a branch office outside China.
Chapter III Registered Capital and Operating Funds
Article 17 The minimum amount of the registered capital of a foreign
bank or a joint bank shall be freely convertible currencies equivalent to
US$ 30 million. The minimum amount of the registered capital of a joint
financial company shall be freely convertible currencies equivalent to US$ 20
million. Their respective paid-in capital shall be no less than 50 percent of
their respective registered capital.
A foreign branch bank shall be allocated as its operating funds by its
head office a sum of freely convertible currencies equivalent to not less
than US$ 30 million.
Article 18 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall, within 30 days of receipt of the
certificate of approval issued by the People’s Bank of China, raise in full
the paid-in capital operating funds, which shall be verified by a Chinese
registered accountant, who shall, upon verification, issue a certificate to
that effect.
Article 19 Each year, a foreign bank, a joint bank, or a joint financial
company shall allocate 25 percent of its after-tax net profit as supplementary
capital until the total amount of the paid-in capital and reserve funds is
twice that of the registered capital.
Each year, a foreign branch bank shall keep 25 percent of its after-tax
net profit inside China to supplement its operating funds until the kept
profit is equal to its operating funds.
Chapter IV Business Scope
Article 20 The People’s Bank of China shall, based on the application
submitted to it, grant permission to a foreign bank, a joint bank, or a
foreign branch bank to engage in part or all of the following business
operations:
1) deposits in foreign currencies;
2) loans in foreign currencies;
3) discounts of negotiable instruments in foreign currencies;
4) investments in foreign currencies;
5) remittances in foreign currencies;
6) guarantees of foreign exchange;
7) import and export settlement;
8) buying and selling of foreign exchange on its own account or on
customers’ account;
9) buying and selling of securities in foreign currencies;
10) acting as an agent for the exchange of foreign currencies and for
the cashing of negotiable instruments in foreign currencies;
11) acting as an agent for payments against credit cards in foreign
currencies;
12) custody and safe deposit box services;
13) credit and financial standing investigation and consultancy services;
and
14) other services approved.
Article 21 The People’s Bank of China shall, based on the application
submitted to it, grant permission to a joint financial company to engage in
part or all of the following business operations:
1) loans in foreign currencies;
2) discounts of negotiable instruments in foreign currencies;
3) investments in foreign currencies;
4) guarantees of foreign exchange;
5) buying and selling of securities in foreign currencies;
6) credit and financial standing investigations and consultancy services;
7) trust in foreign currencies;
8) deposits in foreign currencies with each deposit amounting to not
less than US$ 100,000 for period of no less than three months; and
9) other services approved.
Article 22 The terms “deposits in foreign currencies” referred to in
this Chapter denotes the following deposits denominated in foreign currencies:
1) interbank deposits inside and outside China;
2) non-interbank deposits outside China;
3) deposits by foreigners inside China;
4) deposits by overseas Chinese and by compatriots from Hong Kong, Macao
and Taiwan;
5) deposits by enterprises with foreign investment;
6) deposits of loans granted by foreign-capital financial institutions
or Chinese-foreign equity joint financial institutions to enterprises other
than those with foreign investment; and
7) other kinds of deposits approved.
Article 23 In handling import and export settlement, foreign banks,
joint banks or foreign branch banks shall offer services only to enterprises
with foreign investment and those enterprises other than those with foreign
investment which are authorized to engage in import and export operations.
But with respect to import settlement with enterprises other than those with
foreign investment, the funds needed for the import in question shall have
come from the loans of the bank which is handling the settlement.
Chapter V Management of Business
Article 24 A foreign-capital institution or a Chinese-foreign equity
joint financial institution which engages in deposit business operations
shall place deposit reserves with the Shanghai Branch of the People’s Bank
of China. The ratios of the reserves as against various deposits shall be
determined by the People’s Bank of China and shall be adjusted in accordance
with the actual needs. Such deposit reserves shall be interest-free.
Article 25 The total amount of loans which a foreign-capital financial
institution or a Chinese-foreign equity joint financial institution grants
to any one enterprise and its associated enterprises may not exceed 30
percent of the sum total of its paid-in capital and its total reserves, with
the exception of loans specially approved by the People’s Bank of China.
Article 26 The total amount of investments by a foreign-capital financial
institution or by a Chinese-foreign equity joint financial institution may
not exceed 30 percent of the sum total of its paid-in capital and its total
reserves, with the exception of investments in financial enterprises approved
by the People’s Bank of China.
Article 27 The total assets of a foreign-capital financial institution
or of a Chinese-foreign equity joint financial institution may not exceed 20
times the sum total of its paid-in capital and its total reserves.
Article 28 30 percent of the operating funds of a foreign branch bank
shall be put by in the form of interest-bearing assets as prescribed by the
People’s Bank of China, which shall include depositing the said funds in a
bank or banks designated by the People’s Republic of China.
Article 29 Real estate owned by a foreign-capital financial institution
or by a Chinese-foreign equity joint financial institution may not exceed
25 percent of the sum total of its paid-in capital and its total reserves;
its other assets may not exceed 15 percent thereof.
Article 30 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall ensure the mobility of its assets.
Article 31 The total amount of deposits by sources inside China in a
foreign-capital financial institution or in a Chinese-foreign equity joint
financial institution may not exceed 40 percent of its total assets inside
China.
Article 32 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall maintain proper reserves for bad
debts in accordance with the relevant provisions.
Article 33 The interest rates of deposits and loans of a foreign-capital
financial institution or of a Chinese-foreign equity joint financial
institution and the various service charges shall be determined by the
Bankers’ Association through consultation or be fixed in the light of the
international market and shall be submitted to the Shanghai Branch of the
People’s Bank of China for approval.
Article 34 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall, in accordance with the relevant
provisions, draw the reserve fund, the staff bonus fund, the welfare fund
and the enterprise development fund from the profit after tax paid in
accordance with the law.
Article 35 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall engage at least one Chinese citizen
as member of its senior managerial body.
The senior managerial personnel of a foreign-capital financial institution
or of a Chinese-foreign equity joint financial institution may not
concurrently hold important positions in any other economic organizations.
Article 36 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall invariably appoint a Chinese
registered accountant and such an appointment is subject to confirmation by
the Shanghai Branch of the People’s Bank of China.
Chapter VI Supervision and Inspection
Article 37 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall set up a sound internal auditing
system and enhance its own ability of self-restraint.
Article 38 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution shall submit its financial and business
statements to the People’s Bank of China in accordance with the relevant
provisions.
Article 39 The People’s Bank of China and its Shanghai Branch shall
have the right to examine and audit the business and financial status of a
foreign-capital financial institution or of a Chinese-foreign equity joint
financial institution.
Chapter VII Dissolution and Liquidation
Article 40 If a foreign-capital financial institution or a
Chinese-foreign equity joint financial institution is to terminate voluntarily
its business activities, it shall, 30 days prior to the date of termination
thereof, submit an application in writing to the People’s Bank of China and
shall, after such termination is approved by the People’s Bank of China,
effect its dissolution and liquidation.
Article 41 In the event that a foreign-capital financial institution or
a Chinese-foreign equity joint financial institution should become insolvent,
the People’s Bank of China shall order it to suspend its business and shall
set a deadline for it to clear its liabilities. If such an institution wishes
to resume its business after recovering its solvency within the prescribed
period of time for the clearing of its liabilities, it shall apply to the
People’s Bank of China for approval.
Article 42 With respect to a foreign-capital financial institution or a
Chinese-foreign equity joint financial institution which is to terminate
voluntarily its business activities or which has been ordered to suspend its
business in accordance with the law, its dissolution and liquidation shall
be effected in accordance with the relevant provisions of the People’s
Republic of China.
Article 43 A foreign-capital financial institution or a Chinese-foreign
equity joint financial institution which is still in the process of clearing
its liabilities may redeem the capital stock and pay dividends only after
it has paid in full all the taxes and liabilities.
Article 44 Upon completion of liquidation, a foreign-capital financial
institution or a Chinese-foreign equity joint financial institution shall,
within the prescribed period of time, undertake the procedures with the
original registration authority to nullify its registration.
Chapter VIII Provisions of Penalties
Article 45 If, in violation of the provisions in Chapter II of these
Measures, a foreign-capital financial institution or a Chinese-foreign equity
joint financial institution is set up without authorization, the People’s
Bank of China shall have the right to order it to suspend its business,
confiscate its illegal earnings, and impose a fine in foreign exchange
equivalent to 50,000 to 100,000 Renminbi yuan.
Article 46 If, in violation of the provisions in Chapter IV of these
Measures, a foreign-capital financial institution or a Chinese-foreign equity
joint financial institution engages in business operations beyond the
authorized scope, the People’s Bank of China and its Shanghai Branch shall
have the right to order it to suspend these unauthorized business activities,
confiscate in accordance with the law the illegal earnings derived thereform,
and impose a fine in foreign exchange equivalent to 10,000 to 50,000 Renminbi
yuan.
Article 47 If a foreign-capital financial institution or a
Chinese-foreign equity joint financial institution violates the provisions
in Chapter V of these Measures, the People’s Bank of China and its Shanghai
Branch shall have the right to order it to make corrections and adjustments
or make up the deficiency and shall, in accordance with the seriousness of
the case, impose a fine in foreign exchange equivalent to 5,000 to 30,000
Renminbi yuan.
Article 48 If, in violation of the provisions in Chapter VI of these
Measures, a foreign-capital financial institution or a Chinese-foreign equity
joint financial institution fails to submit the statements required within
the prescribed period of time or defies supervision and examination, the
People’s Bank of China and its Shanghai Branch shall, in accordance with the
seriousness of the case, give a warning, circulate a notice of reprimand,
or impose a fine in foreign exchange equivalent to 3,000 to 10,000 Renminbi
yuan.
Article 49 If a foreign-capital financial institution or a
Chinese-foreign equity joint financial institution violates these Measures,
to a serious extent, the People’s Bank of China shall order it to suspend
its business activities and shall, in an extreme case, order it to disband.
Chapter IX Supplementary Provisions
Article 50 Financial institution with overseas-Chinese capital and
financial institutions with capital from the regions encompassing Hong Kong,
Macao and Taiwan shall be governed with reference to these Measures.
Article 51 Any foreign branch bank already established in the Shanghai
Municipality prior to the promulgation of these Measures shall, in accordance
with these Measures, make up for the establishment and registration
procedures. With respect to a foreign branch bank which fails to conform to
the relevant provisions of these Measures, the Shanghai Branch of the People’s
Bank of China shall set a deadline for it to make adjustments.
Article 52 The People’s Bank of China shall be responsible for the
interpretation of these Measures and shall formulate specific provisions in
accordance with these Measures.
Article 53 These Measures shall go into effect as of the date of
promulgation.
| Category | NATIONAL FLAG, NATIONAL EMBLEM, CAPITAL, NATIONAL ANTHEM AND NATIONAL DAY | Organ of Promulgation | The Central People’s Government | Status of Effect | In Force |
| Date of Promulgation | 1949-12-02 | Effective Date | 1949-12-02 |
|
Resolution on the National Day of the People’s Republic of China |
|---|
(Adopted at the 4th Meeting of the Central People’s Government Council
at December 2, 1949)
The “Suggestion to the Government for Taking the First of October as the
National Day of the People’s Republic of China, in Stead of the Tenth of
October as the Old National Day”, which was adopted by the First Session of
the First National Committee of the Chinese People’s Political Consultative
Conference(CPPCC) at October 9, 1949, has been submitted to the Central
People’s Government for decision and implementation.
The Central People’s Government Council decides to adopt the Suggestion
by the First National Committee of the CPPCC, considering that it tallies
with the actual history and represents the people’s will.
It is hereby announced by the Central People’s Government Council:
Starting with 1950, the first of October, the great date on which the
People’s Republic of China announced its establishment, shall be the National
Day of the People’s Republic of China.
