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Important Notice: This English document is coming from “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED Whole Document LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PROCEDURE OF THECONCLUSION OF TREATIES(Adopted at the 17th
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State Council Interim Regulations of the People’s Republic of China concerning the Assignment and Transfer of the Use Right of the State-owned Land No.55 Order of the State Council May 19,1990 Chapter I General Provisions Article 1 . These Regulations are formulated in order to reform the system of using the State-owned land in the cities and towns, rationally Article 2 . The State, in accordance with the principle of separating the ownership right and the use right, , implements the system of assignment The term “State-owned land in the cities and towns as used in preceding paragraph refers to the land owned by the whole people (hereinafter Article 3 . Any company, enterprise, other organization and individual of the People’s Republic of China within or outside the territory may, Article 4 . Users of the land who have obtained the land use right in accordance with these Regulations may, within the term of land use, transfer, Article 5 . Users of the land shall, in their activities to develop, utilize and manage the land, abide by the laws and regulations of the state Article 6 . The land administrative departments under the people’s governments at or above the county level shall conduct supervision and inspection, Article 7 . The registration of the assignment, transfer, lease, mortgage and termination of the use right and the registration of the relevant THE registration documents shall be made available for public reference. Chapter II The Assignment of the Land Use Right Article 8 . The assignment of the land use right refers to the action that the State as the owner of the land , within the term of a certain An assignment contract shall be signed for assigning the land use right. Article 9 . People’s governments at the municipal and county levels shall be in charge of assignment for the land use right , which shall be effected Article 10 . The land administration departments under the people’s governments at the municipal and county levels shall, in conjunction with the Article 11 . The contract for assigning the land use right shall be signed between the land administration departments under the people’s governments Article 12 . The maximum term with respect to the assigned land use right shall be determined respectively in the light of the purposes listed (1) 70 years for residential purposes; (2) 50 years for industrial purposes; (3) 50 years for the purposes of education, science, culture, public health and physical education; (4) 40 years for commercial, tourist and recreational purposes; and (5) 50 years for comprehensive utilization or other purposes. Article 13 . The assignment of the land use right may be carried out by the following means: (1) by reaching an agreement through consultations; (2) by invitation to bid; or (3) by auction. (4) The specific procedures and steps for assigning the land use right by the means stipulated in preceding paragraphs shall be formulated Article 14 . The land user shall, within 60 days after signing the contract for the assignment of the land use right , pay the total amount of Article 15 . The assigning party shall, in compliance with the stipulations of the contract, provide the assigned land use right , failing to provide Article 16 . After paying the total amount of the assignment fee for the land use right , the land user shall, in accordance with the relevant Article 17 . The land user shall, in conformity with the stipulations of the contract for the assignment of the land use right and the requirements Should any land user fail to develop and utilize the land in accordance with the period of time specified in the contract and the Article 18 . If the land user needs to alter the use purposes of the land as stipulated in the contract for assigning the land use right , he Chapter III The Transfer of the Land Use Right Article 19 . The transfer of the land use right refers to the land user’s action of re-assigning the land use rights , including the sale, exchange, If the land has not been developed and utilized in accordance with the period of time specified in the assignment contract and the Article 20 . A transfer contract shall be sighed for the transfer of the land use right . Article 21 . With the transfer of the land use right , the rights and obligations specified in the contract for assigning the land use right and Article 22 . The land user who has acquired the land use right by means of the transfer thereof shall have a term of use which is the remainder Article 23 . With the transfer of the land use right , the ownership of the above-ground buildings and other attached objects shall be transferred Article 24 . The owners or joint owners of the above-ground buildings and other attached objects shall have the land use right within use scope With the transfer of the ownership of the above-ground buildings and other attached objects by the land users, the land use right Article 25 . With respect to the transfer of the land use right and the ownership of the above-ground buildings and other attached objects, registration Divided transfer of the land use right and the ownership of the above-ground buildings and other attached objects shall be subject Article 26 . When the price for transfer of the land use right is obviously lower than the prevailing market price, the people’s governments When the market price for the transfer of the land use right rises to an unreasonable extent, the people’s governments at the municipal Article 27 . If, after the transfer of the land use right , necessity arises for altering the use purposes of the land as stipulated in the contract Chapter IV The Lease of the Land Use Right Article 28 . The lease of the land use right refers to the action of the land user as the lessor to lease the land use right together with the If the land has not been developed and utilized in accordance with the period of time specified in the assignment contract and the Article 29 . A lease contract shall be signed for leasing the land use right between the lessor and the lessee. The lease contract shall not run counter to the laws and regulations of the State and the stipulations of the contract for assigning Article 30 . After leasing the land use right , the lessor must continue to perform the contract for assigning the land use right . Article 31 . With respect to the lease of the land use right together with the above-ground buildings and other attached objects, the lessor shall Chapter V The Mortgage of the Land Use Right Article 32 . The land use right may be mortgaged. Article 33 . With the mortgage of the land use right , the above-ground buildings and other attached objects thereon shall be mortgaged accordingly. With the mortgage of above-ground buildings and other attached objects, the land use right within the use scope s shall be mortgaged Article 34 . A mortgage contract shall be signed for mortgaging the land use right between the mortgagor and the mortgagee. The mortgage contract shall not run counter to the laws and regulations of the State and the stipulations of the contract for assigning Article 35 . With respect to the mortgage of the land use right together with the above-ground buildings and other attached objects, registration Article 36 . If the mortgagor fails to fulfil the liabilities within the prescribed period of time or declares dissolution or bankruptcy within With respect to the land use right and the ownership of the above-ground buildings and other attached objects acquired as a result Article 37 . The mortgagee shall have the priority right of compensation with respect to the receipts resulting from the disposal of the mortgaged Article 38 . If the mortgage right is eliminated as a result of the liquidation of liabilities or for other reasons, the procedures shall be undertaken Chapter VI The Termination of the Land Use Right Article 39 . The land use right shall be terminated for such reasons as the expiration of the term of the land use right as stipulated in the Article 40 . Upon expiration of the term of the land use right, the land use right and the ownership of the above-ground buildings and other attached Article 41 . Upon expiration of the term of the land use right, the land user may apply for its renewal of term. Where such a renewal is necessary, Article 42 . The State shall not, before the expiration of the term, withdraw the land use right which the land user acquired in accordance with Chapter VII The Allocated Land Use Right Article 43 . The allocated land use right refers to the land use right which the land user acquires in accordance with the law, by various means, The land user referred to in the preceding paragraph shall pay the land use tax in accordance with the provisions of the Interim Article 44 . The allocated land use right may not be transferred, leased, or mortgaged, with the exception of cases as specified in Article 45 Article 45 . On condition that the following requirements are satisfied, the allocated land use right and the ownership of the above-ground buildings (1) The land users are companies, enterprises, or other economic organizations, or individuals; (2) A certificate for the use of state-owned land had been obtained; (3) Possessing legitimate certificates of property rights to the above-ground buildings and other attached objects; and (4) A contract for assigning the land use right is signed in accordance with the provisions in Chapter II of these Regulations and the The transfer, lease or mortgage of the allocated land use right referred to in preceding paragraphs shall be handled respectively Article 46 . Any units or individuals that transfer, lease or mortgage the allocated land use right without authorization shall have their illegal Article 47 . If the land user who has acquired the allocated land use right without compensation stops the use thereof as a result of moving to The municipal or county people’s government may, based on the needs of urban construction and development and the requirements of When the allocated land use right is withdrawn without compensation, the municipal or county people’s government shall, in the light Chapter VIII Supplementary Provisions Article 48 . The land use right may be inherited if it is acquired by individuals in accordance with the provisions of these Regulations. Article 49 . The land user shall pay tax in accordance with the provisions of the taxation laws and regulations of the State. Article 50 . Fees collected by assigning the land use right in accordance with these Regulations shall be included in the fiscal budget and managed Article 51 . The people’s governments of various provinces, autonomous regions and municipalities directly under the Central Government shall, Article 52 . With respect to foreign investors engaging in developing and managing tracts of land, the administration of the land use right shall Article 53 . The State Administration for Land Uses shall be responsible for the interpretation of these Regulations; the measures for the implementation Article 54 . These Regulations shall be implemented as of the date of promulgation. |
State Council
1990-05-19
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CHAPTER I GENERAL PROVISIONS CHAPTER II DESIGNATION OF THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES CHAPTER III PROTECTION OF THE MILITARY RESTRICTED ZONES CHAPTER IV PROTECTION OF THE MILITARY ADMINISTRATIVE ZONES CHAPTER V PROTECTION OF MILITARY INSTALLATIONS NOT INCLUDED IN THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES CHAPTER VI ADMINISTRATIVE DUTY CHAPTER VII LEGAL RESPONSIBILITY CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 1 This Law is formulated in accordance with the Constitution of the People’s Republic of China for the purpose of protecting the safety Article 2 The term “military installations” referred to in this Law denotes the following buildings, sites and equipment used by the State (1) Command organs, ground and underground command structures and operations structures; (2) Military airfields, harbours and docks; (3) Barracks, training grounds and testing grounds; (4) Military cave storehouses and warehouses; (5) Military communication stations, reconnaissance stations, navigation stations, observation posts, survey markers, navigation markers (6) Special military highways and railways, military communication lines and transmission lines, military oil and water pipelines; (7) Other military installations as prescribed by the State Council and the Central Military Commission. Article 3 People’s governments and military organs at all levels shall, in the interests of national security, jointly protect military installations The Headquarters of the General Staff of the People’s Liberation Army shall, under the leadership of the State Council and the Central In places where there are military installations, the military organs concerned and the people’s governments at or above the county Article 4 All organizations and citizens of the People’s Republic of China shall have the duty to protect military installations. The damaging or endangering of military installations by any organization or individual shall be prohibited. Any organization or individual shall have the right to report on, and make charges against, any act that damages or endangers military Article 5 The State shall implement a policy of giving protection to military installations according to their categories and with emphasis Article 6 Where military installations are to be converted to civilian use, or where military airfields, harbours and docks are to be jointly
CHAPTER II DESIGNATION OF THE MILITARY RESTRICTED ZONES AND THE MILITARY Article 7 The State shall designate military restricted zones and military administrative zones respectively in accordance with the nature, Article 8 The military restricted zones and the military administrative zones shall be determined by the State Council and the Central Military Article 9 The limits of the land and water military restricted zones and military administrative zones shall be jointly designated by military The military restricted zones and the military administrative zones jointly designated by the armed forces and local people’s governments Article 10 Any cancellation or change of the military restricted zones and the military administrative zones shall be handled according to the Any adjustment of the limits of the military restricted zones and the military administrative zones shall be handled according to Article 11 The designation and adjustment of the limits of the military restricted zones and the military administrative zones shall, on the Article 12 Where it is necessary to requisition land, woodland, grassland, water surface and beaches for the designation or expansion of the Article 13 When drawing up programmes for economic and social development, the local people’s governments at or above the county level shall
CHAPTER III PROTECTION OF THE MILITARY RESTRICTED ZONES Article 14 The units in charge of the military restricted zones shall, on the basis of specific conditions and in accordance with the designated Article 15 Entry into the land and water military restricted zones by personnel, vehicles and vessels other than those belonging to the units Entry into the military restricted airspace by airborne devices shall be prohibitied, except as otherwise authorized by relevant state Use of materials from photographing, video-taping, recording, reconnoitering, surveying, drawing and describing of the military restricted Article 16 In accordance with the requirements for protecting military installations in a restricted zone, a security control area, when necessary, Article 17 In the security control areas surrounding the military restricted zones, the local people may carry on their normal life and productive
CHAPTER IV PROTECTION OF THE MILITARY ADMINISTRATIVE ZONES Article 18 The units in charge of the military administrative zones shall, in accordance with the designated limits of the zones, put up enclosing Article 19 No personnel, vehicles and vessels other than those belonging to the unit in charge of the military administrative zone may enter Article 20 Measures for the administration of the airfields, harbours and docks that are designated as military administrative zones and jointly
CHAPTER V PROTECTION OF MILITARY INSTALLATIONS NOT INCLUDED IN THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES Article 21 The units in charge of military installations shall adopt measures for the protection of the military installations not included Article 22 Stone-quarrying, earth-gathering and demolishing carried out within a certain distance of the military installations not included
Article 23 The units in charge of military installations and the local people’s governments at or above the county level shall formulate specific Article 24 Military organs at all levels shall strictly perform their functions and duties to protect military installations, educate the armymen Article 25 The authorities in charge of military installations shall strictly implement the relevant rules and regulations for the protection Article 26 The units in charge of the military restricted zones and the military administrative zones shall, in accordance with the provisions Article 27 The units in charge of military installations shall, when necessary, provide the local people’s governments at or above the county Article 28 People’s governments at all levels shall strengthen education in national defence among the citizens, heighten their sense of national Article 29 Where it is necessary for the public security organs to assist in the maintenance of security and administrative order in the military Article 30 The personnel on duty of the unit in charge of military installations shall stop any person who commits any of the following acts (1) Illegally entering the military restricted zone; (2) Illegally photographing, video-taping, recording, reconnoitering, surveying, drawing or describing within the military restricted (3) Engaging in activities that damage or endanger military installations. For persons who commit any act listed in the preceding paragraph and refuse to be stopped, the personnel on duty of the unit in charge
Article 31 Any person who commits any of the following acts shall be investigated for criminal responsibility in accordance with the relevant (1) Damaging military installations; (2) Stealing, seizing or robbing equipment, goods or materials of military installations; (3) Divulging the secrets of military installations, or stealing, spying on, buying or illegally providing secrets on military installations Article 32 Any person who commits any of the following acts shall be punished in the light of the stipulations of Article 19 of the Regulations (1) Illegally entering the military restricted zone and refusing to be stopped; (2) Engaging in activities that endanger the security and effective utilization of military installations in the security control (3) Destroying the enclosing walls, barbed wire fences or boundary markers of the military restricted zone or the military administrative Article 33 In case of disturbance of the administrative order in the military restricted zones and the military administrative zones, the principal Article 34 Persons who engage in illegal photographing, video-taping, recording, reconnoitering, surveying, drawing or describing in the military Article 35 Servicemen and permanent workers and staff of the armed forces who commit any of the following acts shall be investigated for criminal (1) Damaging military installations; (2) Stealing the equipment, goods and materials of military installations; (3) Divulging the secrets of military installations; (4) Leaving post without permission or committing dereliction that causes damage to military installations or other consequences.
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 36 Measures for implementation shall be formulated in accordance with this Law by the State Council and the Central Military Commission. Article 37 This law shall go into effect on August 1, 1990.
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(Adopted at the 11th Meeting of the Standing Committee of the Seventh National People’s Congress on December 26, 1989, promulgated
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II FORMULATION OF THE PLAN FOR A CITY
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS
CHAPTER IV IMPLEMENTATION OF CITY PLANNING
CHAPTER V LEGAL LIABILITY
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic Article 2. This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out Article 3. The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for Article 4. The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts. Article 5. City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction Article 6. The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national Article 7. The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive Article 8. The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to Article 9. The competent department of city planning administration under the State Council shall be responsible for city planning throughout The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible Article 10. All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring
CHAPTER II FORMULATION OF THE PLAN FOR A CITY Article 11. The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous Article 12. The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation Article 13. In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast Article 14. In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment, In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions Article 15. In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, Article 16. In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed. Article 17. For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made Article 18. The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large Article 19. The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include Article 20. The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and Article 21. Plans for cities shall be examined and approved at different levels. The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people’s government of the The comprehensive plan for a city which is the seat of the people’s government of a province or of an autonomous region, or for a The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted The people’s government of a city or of a county must submit the comprehensive plan for a city to the people’s congress at the corresponding The plan for a district of a city shall be examined and approved by the people’s government of the city. The detailed plan for a city shall be examined and approved by the people ‘s government of the city. The detailed plan for a city Article 22. The people’s government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS Article 23. In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational Article 24. The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city’s water front, Article 25. The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water Article 26. In the development of new urban areas, rational use shall be made of the existing facilities of a city. Article 27. In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout
CHAPTER IV IMPLEMENTATION OF CITY PLANNING Article 28. The plan for a city shall be announced by the people’s government of the city after it is approved. Article 29. The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected Article 30. The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme Article 31. When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction Article 32. For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its Article 33. A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use. Article 34. All units and individuals must obey the decisions on readjustments in the use of land made by the people’s government of a city Article 35. No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply Article 36. The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities. Article 37. The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban Article 38. The competent department of city planning administration may participate in the checking and acceptance of important development
CHAPTER V LEGAL LIABILITY Article 39. If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for Article 40. Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line Article 41. A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements Article 42. A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision, Article 43. Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices
CHAPTER VI SUPPLEMENTARY PROVISIONS Article 44. This Law may be referred to for a residents’ community in an industrial or mining district without the administrative status of Article 45. Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people’s congresses Article 46. This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be
CITY PLANNING LAW OF THE PEOPLE’S REPUBLIC OF CHINA (Adopted at the 11th Meeting of the Standing Committee of the Seventh National People’s Congress on December 26, 1989, promulgated
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II FORMULATION OF THE PLAN FOR A CITY
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS
CHAPTER IV IMPLEMENTATION OF CITY PLANNING
CHAPTER V LEGAL LIABILITY
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic Article 2. This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out Article 3. The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for Article 4. The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts. Article 5. City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction Article 6. The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national Article 7. The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive Article 8. The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to Article 9. The competent department of city planning administration under the State Council shall be responsible for city planning throughout The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible Article 10. All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring
CHAPTER II FORMULATION OF THE PLAN FOR A CITY Article 11. The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous Article 12. The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation Article 13. In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast Article 14. In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment, In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions Article 15. In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, Article 16. In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed. Article 17. For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made Article 18. The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large Article 19. The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include ORGANIC LAW OF THE URBAN RESIDENTS COMMITTEES
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| Category | CRIMINAL LAW | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1990-12-28 | Effective Date | 1990-12-28 |
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Decision of the Standing Committee of the National People’s Congress on the Punishment of Criminals Who Smuggle, Produce, Sell or |
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(Adopted at the 17th Meeting of the Standing Committee of the Seventh
National People’s Congress on December 28, 1990, promulgated by Order No.39
of the President of the People’s Republic of China on December 28, 1990, and
effective as of December 28, 1990)(Editor’s Note: In accordance with the
provisions of Article 452 of the Criminal Law of the People’s Republic of China revised at the Fifth Session of the Eighth National
People’s Congress on
March 14, 1997, and effective on October 1, 1997, the provisions regarding
administrative penalties and administrative measures in this Decision shall
continue to be in force and the provisions regarding criminal liability have
been incorporated into the revised Criminal Law)
With a view to punishing criminals who smuggle, produce, sell or
disseminate pornographic books and periodicals, movies, video- and
audio-tapes, pictures or other pornographic articles, and for the purpose of
maintaining social security and public order, strengthening the building of a
socialist society with advanced culture and ideology and stemming the
corrosive influence of the decadent bourgeois ideology, the following decision
is made:
1. Whoever smuggles pornographic articles for the purpose of making
profits or disseminating them shall be punished in accordance with the
Supplementary Provisions Concerning the Punishment of the Crimes of Smuggling.
Whoever carries or mails any pornographic article of small quantity into or
out of the territory of China, not for the purpose of making profits or
disseminating them, shall be punished in accordance with the relevant
provisions of the Customs Law.
2. Whoever produces, duplicates, publishes, sells or disseminates
pornographic articles for the purpose of making profits shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention
and shall concurrently be sentenced to a fine; if the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than three years but not more than ten years and shall concurrently be
sentenced to a fine; and if the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment and shall concurrently be sentenced to a fine or
confiscation of property. If the circumstances are relatively minor, the
offender shall be subjected to punishment by the public security organ in
accordance with the relevant provisions of the Regulations on Administrative
Penalties for Public Security.
Whoever provides book numbers for others to publish pornographic books and
periodicals shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention and shall concurrently or simply be
sentenced to a fine. Whoever provides others with book numbers when he clearly
knows that these will be used in the publication of pornographic books and
periodicals shall be punished in accordance with the provisions of the
preceding paragraph.
3. Whoever disseminates in society pornographic books and periodicals,
movies, video- and audio-tapes, pictures or any other pornographic articles,
where the circumstances are serious, shall be sentenced to fixed-term
imprisonment of not more than two years or criminal detention; where the
circumstances are relatively minor, the offender shall be subjected to
punishment by the public security organ in accordance with the relevant
provisions of the Regulations on Administrative Penalties for Public Security.
Whoever organizes shows of pornographic movies or video-tapes or similar
audio- and video-products shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention and shall concurrently be
sentenced to a fine; where the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than three years but not
more than ten years and shall concurrently be sentenced to a fine. Where the
circumstances are relatively minor, the offender shall be subjected to
punishment by the public security organ in accordance with the relevant
provisions of the Regulations on Administrative Penalties for Public Security.
Whoever produces or duplicates pornographic movies and video-tapes or
similar audio- and video-products and organizes shows of such products shall
be given a heavier punishment in accordance with the provisions of the
preceding paragraph.
Whoever disseminates pornographic articles to minors under the age of
eighteen shall be given a heavier punishment.
Parents and schools shall rigorously discipline and educate minors under
the age of sixteen who make private copies of, or pass around, pornographic
pictures, books and periodicals, or other pornographic articles.
4. Whoever uses pornographic articles to engage in criminal hooligan
activities shall be punished in accordance with the provisions of Article 160
of the Criminal Law; ringleaders of criminal hooligan groups or those who
engage in criminal hooligan activities leading to especially serious
consequences, may, in accordance with the provisions of Article 1 of the
Decision Regarding the Severe Punishment of Criminals Who Seriously Endanger
Public Security, be given punishment above the maximum punishment stipulated
in the Criminal Law, up to and including the death sentences.
Whoever uses pornographic articles to impart ways for committing crimes
shall be punished in accordance with the provisions of Article 2 of the
Decision Regarding the Severe Punishment of Criminals Who Seriously Endanger
Public Security; where the circumstances are especially serious, the offender
shall be sentenced to life imprisonment or death.
5. If a unit commits any illicit or criminal act mentioned in Article 1, 2
or 3 of this Decision, the person(s) directly in charge and other person(s)
directly involved in it shall be punished respectively in accordance with the
provisions of the aforesaid Articles, the unit shall be subjected to a fine or
penalty, and the competent administrative department may order the unit to
suspend business for rectification or rescind its licence.
6. Whoever is under any of the following circumstances shall be given a
heavier punishment in accordance with the relevant provisions of this
Decision:
(1) ringleaders of a criminal group;
(2) State functionaries who take advantage of their of their office to
smuggle, produce, duplicate, publish, sell or disseminate pornographic
articles;
(3) persons in charge of facilities for video recording, photographing,
duplicating, etc. who, by taking advantage of these facilities, commit illicit
or criminal acts mentioned in Article 2, 3, or 4 of this Decision; or
(4) adults who instigate any minor under the age of eighteen to smuggle,
produce, duplicate, sell or disseminate pornographic articles.
7. Pornographic articles, illegal gains from smuggling, producing,
duplicating, publishing, selling or disseminating pornographic articles and
the offender’s own guilty tools shall be confiscated. The confiscated
pornographic articles shall be destroyed in accordance with relevant
regulations of the State. All gains from fines and penalties or confiscation
shall be turned over to the State Treasury.
8. For the purpose of this Decision, pornographic articles refer to
obscene books, periodicals, movies, video- and audio-tapes, pictures, etc.
that explicitly portray sexual behavior or undisguisedly publicize
pornography.
Scientific works on human physiology or medical knowledge are not
pornographic articles.
Literary and art works of artistic value which contain obscene contents
shall not be regarded as pornographic articles.
The categories and catalogues of pornographic articles shall be prescribed
by the relevant competent departments under the State Council.
9. This Decision shall enter into force as of the date of promulgation.
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(Effective Date 1990.01.19–Ineffective Date ) Article 1. These Regulations are formulated for the purpose of promoting international exchanges and the dissemination of information, regulating Article 2. The present Regulations shall apply to resident foreign correspondents, foreign reporters for short-term news coverage (hereinafter Resident foreign correspondents refer to the professional journalists dispatched by foreign news agencies, in accordance with these Foreign reporters for short-term news coverage refer to the professional journalists who come to China and stay for a period not exceeding Permanent offices of foreign news agencies refer to branch offices composed of one or more staff members and established within the Article 3. The Government of the People’s Republic of China shall protect according to law the legitimate rights and interests of foreign journalists Foreign journalists and permanent offices of foreign news agencies must abide by the laws and regulations of the People’s Republic Article 4. The Ministry of Foreign Affairs of the People’s Republic of China (hereinafter referred to as the Foreign Ministry) is the competent Article 5. A foreign news agency wishing to send a resident correspondent to China shall file an application with the Information Department (1) Basic facts about the news agency; (2) The name, sex, age, nationality, position, curriculum vitae and the place of intended residence of the correspondent to be sent; (3) The professional correspondent certificate of the correspondent. If one resident correspondent is to be sent by two or more foreign news agencies, these agencies shall submit separate applications Article 6. Upon approval the application, the resident foreign correspondent to be sent shall, within 7 days of his/her arrival in China, register A resident foreign correspondent to reside in a place other than Beijing shall, within 7 days of his/her arrival in China, go through Article 7. A foreign news agency shall apply to the Information Department if it wishes to set up a permanent office in China. The application (1) Basic facts about the news agency; (2) The name of the office to be set up in China, the place of intended residence, business scope, number of staff as well as the (3) A copy of the registration certificate of the news agency issued by its home country. Article 8. Upon approval of the application, the head of the permanent office to be set up shall, within 7 days of his/her arrival in China, The head of a permanent office of a foreign news agency in a place other than Beijing shall, within 7 days of his/her arrival in China, Article 9. If a foreign news agency wishes to send an acting correspondent in the absence of its resident correspondent in china for a period Article 10. A resident foreign correspondent shall apply to the Information Department or the authorities entrusted by it for examination and Whenever a permanent office of a foreign news agency needs a change of its head, a change in the size of its staff and other important Article 11. For foreign journalists wishing to come to China to cover a visit by the head of state or government or the foreign minister of a Article 12. A foreign reporter or journalist group wishing to come to China for news coverage on a short-term basis shall file an application A foreign reporter or journalist group that is to visit China at the invitation of a chinese organization for short-term news coverage Article 13. The Chinese host organization shall be responsible for arranging the short-term news coverage activities of a foreign journalist A foreign reporter for short-term news coverage shall obtain the consent of the host organization for an extended news coverage in Article 14. A foreign journalist or permanent office of a foreign news agency shall conduct journalistic activities within the scope of business Foreign journalists and permanent offices of foreign news agencies must observe journalistic ethics and may not distort facts, fabricate Foreign journalists and permanent offices of foreign news agencies may not engage in any activities incompatible with their status Article 15. A foreign journalist shall apply for approval through the Information Department for interviewing a top leader of China, and shall Foreign journalists shall obtain in advance permission from the relevant foreign affairs office of the people’s government of a province, Article 16. Resident foreign correspondents and permanent offices of foreign news agencies shall rent houses and set up office in accordance Resident foreign correspondents and permanent offices of foreign news agencies may employ Chinese citizens as staff members or service Article 17. Foreign journalists and permanent offices of foreign news agencies may not install transceivers or statellite communications facilities Foreign reporters for short-term news coverage in China shall apply to the Foreign Ministry for approval if they are to carry with Article 18. Resident foreign correspondent shall notify in writing the Information Department of their departure 30 days before they leave their Article 19. In case of violation of the present Regulations by foreign journalists or permanent offices of foreign news agencies in China, the Cases involving violations of the Law of the People’s Republic of China on Control of the Entry and Exit of Aliens or other laws and Article 20. Foreigners and foreign agencies other than the foreign journalists and permanent offices of foreign news agencies as specified in Article 21. The Ministry of Foreign Affairs shall be responsible for the interpretation of these Regulations.
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MOFTEC P.R.C. |
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EDITOR:Victor |
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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 | TOURISM | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1990-04-10 | Effective Date | 1990-04-10 |
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Circular of the General Office of the State Council on the Approval and Transmission of a Report Submitted by the National Tourism |
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The Circular
SUGGESTIONS CONCERNING FURTHER CHECKING-UP AND RECTIFICATION OF TOURIST
(April 10, 1990)
The Circular
The report, “Suggestions Concerning Further Checking-up and Rectification
of Tourist Agencies”, submitted by the National Tourism Administration, has
been approved by the State Council; and now the report is hereby transmitted
to you for implementation.
SUGGESTIONS CONCERNING FURTHER CHECKING-UP AND RECTIFICATION OF TOURIST
AGENCIES
In order to promote the sound development of tourist industry in our
country, and in accordance with the decision of the Central Committee of the
Communist Party of China and the State Council concerning the checking-up and
rectification of companies, our suggestions are hereby advanced on the further
checking-up and rectification of tourist agencies (including tourist companies
and other similar organizations; the same below):
1. Various localities and departments shall carry out conscientiously the
checking-up and rectification on the tourist agencies that are under their
jurisdiction. The emphasis of the checking-up and rectification shall be
placed on the tourist agencies of Categories 1 and 2 that handle international
tourist business operations, and also on those tourist agencies that are
engaged, without permission, in soliciting tourists from abroad. Those tourist
agencies that do not possess the prerequisites as prescribed for tourist
business operations shall be abolished or merged, and the problems concerning
multilateral connections with overseas business parties, the reduction of
tourist prices for competition, and poor-quality tourist services shall be
earnestly dealt with.
2. A tourist agency that comes under one of the following circumstances
shall be abolished or merged with other tourist agencies:
(1) Tourist agencies which are in operation, but do not possess the
prerequisites of a certain category as prescribed in “Interim Regulations on
the Administration of Tourist Agencies” and “Rules for the lmplementation of
the Interim Regulations on the Administration of Tourist Agencies” in terms of
the actual registered capital, employed personnel, site for business
operations, and organizational setups.
(2) Tourist agencies of Category 1 which, from the date “Rules for the
Implementation of the Interim Regulations on the Administration of Tourist
Agencies” are promulgated for implementation to the end of March, 1990, have
not reached the prescribed annual accumulative total of tourists received and
the amount of foreign exchange earned.
(3) Tourist agencies which have been engaged in such serious illegal
business activities as reducing tourist prices for competition, evading
foreign exchange regulations and practising arbitrage, procuring foreign
exchange by illegal means, and reselling foreign exchange for a profit.
(4) Tourist agencies with inefficient business operations, poor
management, unsound internal rules and regulations, and insufficient earnings
for repaying debts.
(5) Tourist agencies whose services are so poor that they have incurred
frequent complaints from tourists; whose tourist guides and other employed
personnel have been presumptuous in seeking and accepting tips and commission,
or whose ill conduct has frequently brought damage to the reputation of our
country and has thus created very bad influence.
(6) Tourist agencies which are unable to recover the travelling expenses
owed for a long period of time by foreign tourist agents, and have, since
1988, new debts added to old ones, thus suffering heavy economic losses.
(7) The branch offices of a tourist agency, the head office of which has
been abolished or merged.
(8) Tourist agencies set up and run by hotels (or guest houses).
(9) Tourist agencies (including their business offices) that have been
established in foreign countries or in the regions of Hong Kong and Macao by
various localities or departments without the approval of the National Tourism
Administration.
With respect to those tourist agencies which are to be abolished according
to the pertinent decisions, the competent authorities over them shall, in
accordance with the pertinent provisions, set up a liquidation organization to
check up and settle the creditors’ financial claims and to liquidate
liabilities, and to attend to the winding-up business.
3. The task of the checking-up and rectification of the existing tourist
agencies shall be completed by the end of the third quarter of this year.
Various localities and departments shall have to submit their plans for the
abolition, merging, or retention of tourist agencies to the National Tourism
Administration for examination and approval, and also to the National Leading
Group of Checking-up and Rectifying Companies for the record. Those tourist
agencies that have been retained shall, by presenting the document of approval
issued by the National Tourism Administration, apply anew for their
re-establishment, and go through the registration procedures in accordance
with the law. In order to prevent the setting up of an excessive number of
tourist agencies of Categories 1 and 2, within 2 years beginning from 1990, no
applications for the establishment of new tourist agencies of Categories 1 and
2 shall be examined and approved. With respect to those tourist agencies the
applications for the establishment of which have already been approved by the
National Tourism Administration or by the tourism bureaus of the provinces,
autonomous regions, or municipalities directly under the Central Government
but which have not yet gone through the registration procedures with the
administrative departments for industry and commerce, the original document of
approval shall be declared invalid.
4. In the course of the checking-up and rectification of tourist agencies,
it shall be imperative to implement the policy of deepening the reforms, and
further streamline the administration of tourist agencies. Tourist agencies
shall separate themselves in such respects as working personnel, financial
matters, and assets and materials from Party and government organs,
institutions, and public organizations, and establish themselves as economic
entities, which shall have independent business accounting, assume sole
responsibility for their profits and losses, and conduct their business
operations according to law. The business operations of tourist agencies shall
be placed under the administration of the administrative department for
tourism.
5. The checking-up and rectification of tourist agencies shall be carried
out in close link with the establishment and improvement of the relevant rules
and regulations and administrative systems, so as to further strengthen the
administration of tourist agencies.
(1) In order to protect the State interests and to check the competition
between various tourist agencies by reduction of tourist prices, all tourist
agencies must strictly implement the unified stipulation on price standard,
rules for the calculation of prices, and the measures for preferential
treatment, as formulated by the National Tourism Administration and the State
Administration for Commodity Prices.
(2) In 1990, the State auditing organs shall carry out trade auditing on
the financial revenue and expenditure situation and the business activities of
tourist agencies of Categories 1 and 2. The National Tourism Administration
and the tourism bureaus of various provinces, autonomous regions, and
municipalities directly under the Central Government shall, working in
coordination with the commodity prices authorities at the same level, carry
out regular inspections of the situation concerning the business operations
and the prices for overseas sales relating to tourist agencies of Categories
1 and 2.
(3) In accordance with the provisions of Interim Measures for the Control
of Foreign Exchange from Tourism, promulgated by the State Administration for
Control of Foreign Exchange and the National Tourism Administration, the
foreign exchange earnings, collected by those units and enterprises which,
without the approval of the competent authorities for tourism, presumptuously
conduct international tourist business operations, shall all be converted, and
no retention of foreign exchange shall be allowed.
(4) The competent authorities for tourism that are vested with the right
to issue notice of visa must, strictly in accordance with the pertinent
provisions of the Ministry of Foreign Affairs and the National Tourism
Administration, check and issue notices of visa; they shall not be permitted
to issue notices of visa on behalf of other units or of those tourist agencies
which do not have the right to solicit tourists from abroad. Those who have
violated the aforesaid provisions shall have their right to issue visa notice
revoked.
| Category | TERRITORY AND DIPLOMATIC RELATIONS | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1990-10-30 | Effective Date | 1990-10-30 |
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Regulation of the People’s Republic of China Concerning Consular Privileges and Immunities |
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(Adopted at the 16th Meeting of the Standing Committee of the Seventh
National People’s Congress on October 30, 1990, promulgated by Order No. 35 of
the President of the People’s Republic of China on October 30, 1990 and
effective as of the date of promulgation)
Article 1 The present Regulations are formulated for the purpose of
defining the consular privileges and immunities of the foreign consular posts
in China and their members and facilitating the efficient performance of the
functions of such foreign consular posts in their consular districts as
representatives of the sending States.
Article 2 Consular officers shall be of the nationality of the sending
State. They may, only with the consent of the competent Chinese authorities,
be appointed from among persons of Chinese or third-state nationality or
nationals of the sending State who are permanent residents of China. This
consent may be withdrawn at any time by the said Chinese authorities.
Article 3 The consular post and its head shall have the right to use the
national flag and emblem of the sending State on the premises of the consular
post, on the residence of the head of the consular post and on his means of
transport when used on official business.
Article 4 The premises of the consular post shall be inviolable. Chinese
government functionaries may enter them only with the consent of the head of
the consular post or the head of the diplomatic mission of the sending State
or another person authorized by either of them. The consent of the head of the
consular post may be assumed in case of fire or other disaster requiring
prompt protective action. The Chinese authorities concerned shall take
appropriate measures to protect the premises of the consular post against any
intrusion or damage.
Article 5 The premises of the consular post and the residence of its head
shall be exempt from dues and taxes other than such as represent payment for
specific services rendered. The fees and charges levied by the consular post
in the course of its official duties shall be exempt from all dues and taxes.
Article 6 The archives and documents of the consular post shall be
inviolable.
Article 7 The members of the consular post shall enjoy freedom of
movement and travel within Chinese territory except for areas the entry into
which is prohibited or restricted by the regulations of the Chinese Government.
Article 8 The consular post may for official purposes communicate freely
with the Government and the diplomatic mission and other consular posts of the
sending State. In so doing, it may employ all appropriate means. including
diplomatic couriers or consular couriers, diplomatic bag or consular bag, and
messages in code or cipher.
Article 9 The consular post may install and use a wireless
transmitter-receiver only with the consent of the Chinese Government. The
import of the above-mentioned equipment shall be subject to the relevant
procedure prescribed by the Chinese Government.
Article 10 The consular bag shall not be opened or detained.
The consular bag may contain only official correspondence and documents or
articles intended for official use and must be sealed and bear visible
external marks of its character.
If the Chinese authorities concerned have serious reason to believe that
the bag contains something other than the above-mentioned objects, they may
request that the bag be opened in the presence of personnel from the Chinese
authorities concerned by the consular officer or another person authorized by
him. If this request is refused by the consular officer, the bag shall be
returned to its place of origin.
Article 11 The consular courier must be of the nationality of the sending
State and shall not be a permanent resident of China. The consular courier
must be provided with a courier certificate issued by the competent
authorities of the sending State. He shall enjoy personal inviolability and
shall not be liable to arrest or detention.
Consular couriers ad hoc must be provided with certificates of courier ad
hoc issued by the competent authorities of the sending State, and shall enjoy
the same immunities as the consular courier while charged with the carrying of
the consular bag.
A consular bag may be entrusted to the captain of a commercial aircraft or
a commercial ship. He must be provided with an official document issued by the
consigner State indicating the number of packages constituting the bag, but he
shall not be regarded as a consular courier. By arrangement with the competent
authorities of the appropriate Chinese local people’s government, the consular
post may send its members to receive the consular bag from the captain of the
aircraft or of the ship or deliver it to him.
Article 12 The person of a consular officer shall be inviolable. The
Chinese authorities concerned shall take appropriate measures to prevent any
attack on his personal freedom and dignity.
Consular officers shall not be liable to arrest or detention, except that
the arrest or detention is executed in the case of a grave crime and by
following legal procedures.
Consular officers shall not be committed to prison save in execution of a
judicial decision of final effect.
Article 13 The residence of a consular officer shall be inviolable.
His papers and correspondence shall be inviolable.
His property, except as provided in Article 14 of the present Regulations,
shall be inviolable.
Article 14 Consular officers and members of the administrative and
technical staff of the consular post shall enjoy immunity from judicial and
administrative jurisdiction in respect of acts performed in the exercise of
their functions. Immunity from jurisdiction of consular officers in respect of
acts other than those performed in the exercise of their functions
shall be accorded in accordance with the bilateral treaties and agreements
between China and other countries concerned or on the principle of reciprocity.
Immunity from judicial jurisdiction enjoyed by consular officers and
members of the administrative or technical staff of the consular post shall
not apply to any of the following civil actions:
(1) an action arising out of a contract not concluded expressly as an
agent of the sending State;
(2) an action relating to private immovable property situated in the
territory of China, unless they hold it as an agent of the sending State for
the purposes of the consular post.
(3) an action relating to succession in which he is involved as a private
person; or
(4) an action for damages arising from an accident in China caused by a
vehicle, vessel or aircraft.
Article 15 Members of a consular post may be called upon to attend as
witnesses in the course of judicial or administrative proceedings, but shall
be under no obligation to give testimony concerning matters connected with the
exercise of their functions. They are enpost_titled to decline to give testimony as
expert witnesses with regard to the law of the sending State.
If consular officers should decline to give testimony, no coercive measure
or penalty may be applied to them.
Members of the administrative or technical staff of the consular post and
members of the service staff shall not decline to give testimony except in
cases concerning matters connected with the exercise of their functions.
Article 16 The immunity from jurisdiction enjoyed by the persons
concerned specified in the present Regulations may be waived through explicit
expression by the Government of the sending State.
The initiation of proceedings by a person enjoying immunity from
jurisdiction in accordance with the provisions of the present Regulations
shall preclude him from invoking immunity from jurisdiction in respect of any
counter-claim directly connected with the claim.
Waiver of immunity from civil or administrative jurisdiction shall not
imply waiver of immunity in respect of the execution of the judgment, for
which a separate and explicit waiver by the Government of the sending State
shall be necessary.
Article 17 Consular officers and members of the administrative or
technical staff of the consular post shall be exempt from all dues and taxes,
except:
(1) dues and taxes of a kind which are normally incorporated in the price
of goods or services;
(2) dues or taxes on private immovable property situated in the territory
of China, excepting that used as the consular premises;
(3) estat, succession or inheritance duties, except that movable property
left in China by a deceased consular officer shall be exempt therefrom;
(4) dues and taxes on private income having its source in China; or
(5) charges levied for specific services rendered.
Members of the service staff of the consular post shall be exempt from
dues and taxes on the wages which they receive for their service in the
consular post.
Article 18 Members of the consular post shall be exempt from all personal
and public services as well as military obligations.
Consular officers and members of the administrative or technical staff of
the consular post shall be exempt from all obligations under the laws and
regulations of China in regard to the registration of aliens and residence
permits.
Article 19 Imported articles for the official use of the consular post,
those for the personal use of consular officers, and those for the personal
use of members of the administrative or technical staff of the consular post,
including articles intended for their establishment, imported within six
months of the time of installation shall, in accordance with the relevant
regulations of the Chinese Government, be exempt from customs duties and all
other related dues and taxes with the exception of charges for storage,
cartage and similar services.
Imported articles for the personal use of the consular officers and the
members of the administrative or technical staff of the consular post referred
to in the preceding paragraph shall not exceed the quantities necessary for
their direct utilization.
The personal baggage of a consular officer shall be exempt from
inspection, unless the competent Chinese authorities have serious reason to
believe that it contains articles not within the exemptions provided for in
the first paragraph of this Article, or articles the import or export of which
is prohibited or controlled by Chinese laws and government regulations. Such
inspection shall be conducted in the presence of the consular officer or of
his authorized representative.
Article 20 The consular post and its members may carry firearms and
bullets into or out of China for their personal use, subject to the approval
of the Chinese government and to its relevant regulations.
Article 21 The spouse and underage children of consular officers, of
members of the administrative or technical staff of the consular post, or of
members of the service staff of the consular post forming part of their
respective households, except those who are nationals of China or aliens
permanently residing in China, shall respectively enjoy the privileges and
immunities accorded to the consular officers, the members of the
administrative or technical staff of the consular post or the members of the
service staff of the consular post in accordance with the provisions of
Articles 7, 17, 18 or 19 of the present Regulations.
Article 22 Consular officers who are nationals of China or aliens
permanently residing in China shall enjoy the privileges and immunities
provided for in the present Regulations only in respect of acts performed in
the course of official duties.
Members of the administrative or technical staff of the consular post and
members of the service staff of the consular post who are nationals of China
or aliens permanently residing in China shall not enjoy the privileges and
immunities provided for in the present Regulations except that they shall have
no obligation to give evidence concerning matters connected with the exercise
of their functions.
Private attendants shall not enjoy the privileges and immunities provided
for in the present Regulations.
Article 23 The following persons shall enjoy necessary immunity and
inviolability during their transit through or sojourn in China:
(1) a consular officer stationed in a third State who passes through China
together with his spouse and underage children forming part of his household;
and
(2) a visiting foreign consular officer who has obtained a diplomatic visa
from China or who holds a diplomatic passport of a State with which China has
an agreement on the mutual exemption of visas.
Article 24 Persons enjoying consular privileges and immunities under the
present Regulations shall:
(1) respect Chinese laws and regulations;
(2) not interfere in the internal affairs of China; and
(3) not use the premises of the consular post and the residence of members
of the consular post for purposes incompatible with the exercise of consular
functions.
Article 25 Consular officers shall not practise for personal profit any
professional or commercial activity outside his official functions on Chinese
territory.
Article 26 In case the consular privileges and immunities accorded by a
foreign State to the Chinese consular post and its members in that State and
to transitting or visiting Chinese consular officers stationed in a third
State are different from those China would give under the present Regulations
to the consular post of that State and its members in China and its
transitting or visiting consular officers stationed in a third State, the
Chinese Government may accord them such consular privileges and immunities as
appropriate on a reciprocal basis.
Article 27 Where the international treaties to which China is a
contracting or acceding party provide otherwise in respect of consular
privileges and immunities, such provisions shall prevail, with the exception
of those on which China has declared reservations.
Where the bilateral treaties or agreements between China and other
countries provide otherwise in respect of consular privileges and immunities,
such provisions shall prevail.
Article 28 For the purposes of the present Regulations, the following
expressions shall have the meanings hereunder assigned to them:
(1) “consular post” means any consulate-general, consulate, vice-consulate
or consular agency;
(2) “consular district” means the area assigned to a consular post for the
exercise of consular functions;
(3) “head of consular post” means the consul-general, consul, vice-consul
or consular agent charged by the sending State with the duty of leading the
consular post;
(4) “consular officer” means the consul-general, vice-consul-general,
consul, vice-consul and consular attache or consular agent;
(5) “members of the administrative or technical staff of the consular
post” means the members of the staff of the consular post engaged in the
administrative or technical work of the consular post;
(6) “members of the service staff” means the members of the staff of the
consular post engaged in the domestic service of the consular post;
(7) “members of the consular post” means consular officers, members of
the administrative or technical staff of the consular post and members of the
service staff of the consular post;
(8) “private attendant” means an attendant in the private employment of a
member of the consular post;
(9) “consular premises” means the buildings or parts of buildings and the
land ancillary thereto used exclusively for the purposes of the consular post.
Article 29 The present Regulations shall enter into force as of the date
of promulgation.
