|
Important Notice: This English document is coming from “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED Whole Document LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PROCEDURE OF THECONCLUSION OF TREATIES(Adopted at the 17th
|
|
State Council Interim Regulations of the People’s Republic of China concerning the Assignment and Transfer of the Use Right of the State-owned Land No.55 Order of the State Council May 19,1990 Chapter I General Provisions Article 1 . These Regulations are formulated in order to reform the system of using the State-owned land in the cities and towns, rationally Article 2 . The State, in accordance with the principle of separating the ownership right and the use right, , implements the system of assignment The term “State-owned land in the cities and towns as used in preceding paragraph refers to the land owned by the whole people (hereinafter Article 3 . Any company, enterprise, other organization and individual of the People’s Republic of China within or outside the territory may, Article 4 . Users of the land who have obtained the land use right in accordance with these Regulations may, within the term of land use, transfer, Article 5 . Users of the land shall, in their activities to develop, utilize and manage the land, abide by the laws and regulations of the state Article 6 . The land administrative departments under the people’s governments at or above the county level shall conduct supervision and inspection, Article 7 . The registration of the assignment, transfer, lease, mortgage and termination of the use right and the registration of the relevant THE registration documents shall be made available for public reference. Chapter II The Assignment of the Land Use Right Article 8 . The assignment of the land use right refers to the action that the State as the owner of the land , within the term of a certain An assignment contract shall be signed for assigning the land use right. Article 9 . People’s governments at the municipal and county levels shall be in charge of assignment for the land use right , which shall be effected Article 10 . The land administration departments under the people’s governments at the municipal and county levels shall, in conjunction with the Article 11 . The contract for assigning the land use right shall be signed between the land administration departments under the people’s governments Article 12 . The maximum term with respect to the assigned land use right shall be determined respectively in the light of the purposes listed (1) 70 years for residential purposes; (2) 50 years for industrial purposes; (3) 50 years for the purposes of education, science, culture, public health and physical education; (4) 40 years for commercial, tourist and recreational purposes; and (5) 50 years for comprehensive utilization or other purposes. Article 13 . The assignment of the land use right may be carried out by the following means: (1) by reaching an agreement through consultations; (2) by invitation to bid; or (3) by auction. (4) The specific procedures and steps for assigning the land use right by the means stipulated in preceding paragraphs shall be formulated Article 14 . The land user shall, within 60 days after signing the contract for the assignment of the land use right , pay the total amount of Article 15 . The assigning party shall, in compliance with the stipulations of the contract, provide the assigned land use right , failing to provide Article 16 . After paying the total amount of the assignment fee for the land use right , the land user shall, in accordance with the relevant Article 17 . The land user shall, in conformity with the stipulations of the contract for the assignment of the land use right and the requirements Should any land user fail to develop and utilize the land in accordance with the period of time specified in the contract and the Article 18 . If the land user needs to alter the use purposes of the land as stipulated in the contract for assigning the land use right , he Chapter III The Transfer of the Land Use Right Article 19 . The transfer of the land use right refers to the land user’s action of re-assigning the land use rights , including the sale, exchange, If the land has not been developed and utilized in accordance with the period of time specified in the assignment contract and the Article 20 . A transfer contract shall be sighed for the transfer of the land use right . Article 21 . With the transfer of the land use right , the rights and obligations specified in the contract for assigning the land use right and Article 22 . The land user who has acquired the land use right by means of the transfer thereof shall have a term of use which is the remainder Article 23 . With the transfer of the land use right , the ownership of the above-ground buildings and other attached objects shall be transferred Article 24 . The owners or joint owners of the above-ground buildings and other attached objects shall have the land use right within use scope With the transfer of the ownership of the above-ground buildings and other attached objects by the land users, the land use right Article 25 . With respect to the transfer of the land use right and the ownership of the above-ground buildings and other attached objects, registration Divided transfer of the land use right and the ownership of the above-ground buildings and other attached objects shall be subject Article 26 . When the price for transfer of the land use right is obviously lower than the prevailing market price, the people’s governments When the market price for the transfer of the land use right rises to an unreasonable extent, the people’s governments at the municipal Article 27 . If, after the transfer of the land use right , necessity arises for altering the use purposes of the land as stipulated in the contract Chapter IV The Lease of the Land Use Right Article 28 . The lease of the land use right refers to the action of the land user as the lessor to lease the land use right together with the If the land has not been developed and utilized in accordance with the period of time specified in the assignment contract and the Article 29 . A lease contract shall be signed for leasing the land use right between the lessor and the lessee. The lease contract shall not run counter to the laws and regulations of the State and the stipulations of the contract for assigning Article 30 . After leasing the land use right , the lessor must continue to perform the contract for assigning the land use right . Article 31 . With respect to the lease of the land use right together with the above-ground buildings and other attached objects, the lessor shall Chapter V The Mortgage of the Land Use Right Article 32 . The land use right may be mortgaged. Article 33 . With the mortgage of the land use right , the above-ground buildings and other attached objects thereon shall be mortgaged accordingly. With the mortgage of above-ground buildings and other attached objects, the land use right within the use scope s shall be mortgaged Article 34 . A mortgage contract shall be signed for mortgaging the land use right between the mortgagor and the mortgagee. The mortgage contract shall not run counter to the laws and regulations of the State and the stipulations of the contract for assigning Article 35 . With respect to the mortgage of the land use right together with the above-ground buildings and other attached objects, registration Article 36 . If the mortgagor fails to fulfil the liabilities within the prescribed period of time or declares dissolution or bankruptcy within With respect to the land use right and the ownership of the above-ground buildings and other attached objects acquired as a result Article 37 . The mortgagee shall have the priority right of compensation with respect to the receipts resulting from the disposal of the mortgaged Article 38 . If the mortgage right is eliminated as a result of the liquidation of liabilities or for other reasons, the procedures shall be undertaken Chapter VI The Termination of the Land Use Right Article 39 . The land use right shall be terminated for such reasons as the expiration of the term of the land use right as stipulated in the Article 40 . Upon expiration of the term of the land use right, the land use right and the ownership of the above-ground buildings and other attached Article 41 . Upon expiration of the term of the land use right, the land user may apply for its renewal of term. Where such a renewal is necessary, Article 42 . The State shall not, before the expiration of the term, withdraw the land use right which the land user acquired in accordance with Chapter VII The Allocated Land Use Right Article 43 . The allocated land use right refers to the land use right which the land user acquires in accordance with the law, by various means, The land user referred to in the preceding paragraph shall pay the land use tax in accordance with the provisions of the Interim Article 44 . The allocated land use right may not be transferred, leased, or mortgaged, with the exception of cases as specified in Article 45 Article 45 . On condition that the following requirements are satisfied, the allocated land use right and the ownership of the above-ground buildings (1) The land users are companies, enterprises, or other economic organizations, or individuals; (2) A certificate for the use of state-owned land had been obtained; (3) Possessing legitimate certificates of property rights to the above-ground buildings and other attached objects; and (4) A contract for assigning the land use right is signed in accordance with the provisions in Chapter II of these Regulations and the The transfer, lease or mortgage of the allocated land use right referred to in preceding paragraphs shall be handled respectively Article 46 . Any units or individuals that transfer, lease or mortgage the allocated land use right without authorization shall have their illegal Article 47 . If the land user who has acquired the allocated land use right without compensation stops the use thereof as a result of moving to The municipal or county people’s government may, based on the needs of urban construction and development and the requirements of When the allocated land use right is withdrawn without compensation, the municipal or county people’s government shall, in the light Chapter VIII Supplementary Provisions Article 48 . The land use right may be inherited if it is acquired by individuals in accordance with the provisions of these Regulations. Article 49 . The land user shall pay tax in accordance with the provisions of the taxation laws and regulations of the State. Article 50 . Fees collected by assigning the land use right in accordance with these Regulations shall be included in the fiscal budget and managed Article 51 . The people’s governments of various provinces, autonomous regions and municipalities directly under the Central Government shall, Article 52 . With respect to foreign investors engaging in developing and managing tracts of land, the administration of the land use right shall Article 53 . The State Administration for Land Uses shall be responsible for the interpretation of these Regulations; the measures for the implementation Article 54 . These Regulations shall be implemented as of the date of promulgation. |
State Council
1990-05-19
|
CHAPTER I GENERAL PROVISIONS CHAPTER II DESIGNATION OF THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES CHAPTER III PROTECTION OF THE MILITARY RESTRICTED ZONES CHAPTER IV PROTECTION OF THE MILITARY ADMINISTRATIVE ZONES CHAPTER V PROTECTION OF MILITARY INSTALLATIONS NOT INCLUDED IN THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES CHAPTER VI ADMINISTRATIVE DUTY CHAPTER VII LEGAL RESPONSIBILITY CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 1 This Law is formulated in accordance with the Constitution of the People’s Republic of China for the purpose of protecting the safety Article 2 The term “military installations” referred to in this Law denotes the following buildings, sites and equipment used by the State (1) Command organs, ground and underground command structures and operations structures; (2) Military airfields, harbours and docks; (3) Barracks, training grounds and testing grounds; (4) Military cave storehouses and warehouses; (5) Military communication stations, reconnaissance stations, navigation stations, observation posts, survey markers, navigation markers (6) Special military highways and railways, military communication lines and transmission lines, military oil and water pipelines; (7) Other military installations as prescribed by the State Council and the Central Military Commission. Article 3 People’s governments and military organs at all levels shall, in the interests of national security, jointly protect military installations The Headquarters of the General Staff of the People’s Liberation Army shall, under the leadership of the State Council and the Central In places where there are military installations, the military organs concerned and the people’s governments at or above the county Article 4 All organizations and citizens of the People’s Republic of China shall have the duty to protect military installations. The damaging or endangering of military installations by any organization or individual shall be prohibited. Any organization or individual shall have the right to report on, and make charges against, any act that damages or endangers military Article 5 The State shall implement a policy of giving protection to military installations according to their categories and with emphasis Article 6 Where military installations are to be converted to civilian use, or where military airfields, harbours and docks are to be jointly
CHAPTER II DESIGNATION OF THE MILITARY RESTRICTED ZONES AND THE MILITARY Article 7 The State shall designate military restricted zones and military administrative zones respectively in accordance with the nature, Article 8 The military restricted zones and the military administrative zones shall be determined by the State Council and the Central Military Article 9 The limits of the land and water military restricted zones and military administrative zones shall be jointly designated by military The military restricted zones and the military administrative zones jointly designated by the armed forces and local people’s governments Article 10 Any cancellation or change of the military restricted zones and the military administrative zones shall be handled according to the Any adjustment of the limits of the military restricted zones and the military administrative zones shall be handled according to Article 11 The designation and adjustment of the limits of the military restricted zones and the military administrative zones shall, on the Article 12 Where it is necessary to requisition land, woodland, grassland, water surface and beaches for the designation or expansion of the Article 13 When drawing up programmes for economic and social development, the local people’s governments at or above the county level shall
CHAPTER III PROTECTION OF THE MILITARY RESTRICTED ZONES Article 14 The units in charge of the military restricted zones shall, on the basis of specific conditions and in accordance with the designated Article 15 Entry into the land and water military restricted zones by personnel, vehicles and vessels other than those belonging to the units Entry into the military restricted airspace by airborne devices shall be prohibitied, except as otherwise authorized by relevant state Use of materials from photographing, video-taping, recording, reconnoitering, surveying, drawing and describing of the military restricted Article 16 In accordance with the requirements for protecting military installations in a restricted zone, a security control area, when necessary, Article 17 In the security control areas surrounding the military restricted zones, the local people may carry on their normal life and productive
CHAPTER IV PROTECTION OF THE MILITARY ADMINISTRATIVE ZONES Article 18 The units in charge of the military administrative zones shall, in accordance with the designated limits of the zones, put up enclosing Article 19 No personnel, vehicles and vessels other than those belonging to the unit in charge of the military administrative zone may enter Article 20 Measures for the administration of the airfields, harbours and docks that are designated as military administrative zones and jointly
CHAPTER V PROTECTION OF MILITARY INSTALLATIONS NOT INCLUDED IN THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES Article 21 The units in charge of military installations shall adopt measures for the protection of the military installations not included Article 22 Stone-quarrying, earth-gathering and demolishing carried out within a certain distance of the military installations not included
Article 23 The units in charge of military installations and the local people’s governments at or above the county level shall formulate specific Article 24 Military organs at all levels shall strictly perform their functions and duties to protect military installations, educate the armymen Article 25 The authorities in charge of military installations shall strictly implement the relevant rules and regulations for the protection Article 26 The units in charge of the military restricted zones and the military administrative zones shall, in accordance with the provisions Article 27 The units in charge of military installations shall, when necessary, provide the local people’s governments at or above the county Article 28 People’s governments at all levels shall strengthen education in national defence among the citizens, heighten their sense of national Article 29 Where it is necessary for the public security organs to assist in the maintenance of security and administrative order in the military Article 30 The personnel on duty of the unit in charge of military installations shall stop any person who commits any of the following acts (1) Illegally entering the military restricted zone; (2) Illegally photographing, video-taping, recording, reconnoitering, surveying, drawing or describing within the military restricted (3) Engaging in activities that damage or endanger military installations. For persons who commit any act listed in the preceding paragraph and refuse to be stopped, the personnel on duty of the unit in charge
Article 31 Any person who commits any of the following acts shall be investigated for criminal responsibility in accordance with the relevant (1) Damaging military installations; (2) Stealing, seizing or robbing equipment, goods or materials of military installations; (3) Divulging the secrets of military installations, or stealing, spying on, buying or illegally providing secrets on military installations Article 32 Any person who commits any of the following acts shall be punished in the light of the stipulations of Article 19 of the Regulations (1) Illegally entering the military restricted zone and refusing to be stopped; (2) Engaging in activities that endanger the security and effective utilization of military installations in the security control (3) Destroying the enclosing walls, barbed wire fences or boundary markers of the military restricted zone or the military administrative Article 33 In case of disturbance of the administrative order in the military restricted zones and the military administrative zones, the principal Article 34 Persons who engage in illegal photographing, video-taping, recording, reconnoitering, surveying, drawing or describing in the military Article 35 Servicemen and permanent workers and staff of the armed forces who commit any of the following acts shall be investigated for criminal (1) Damaging military installations; (2) Stealing the equipment, goods and materials of military installations; (3) Divulging the secrets of military installations; (4) Leaving post without permission or committing dereliction that causes damage to military installations or other consequences.
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 36 Measures for implementation shall be formulated in accordance with this Law by the State Council and the Central Military Commission. Article 37 This law shall go into effect on August 1, 1990.
|
|
(Adopted at the 11th Meeting of the Standing Committee of the Seventh National People’s Congress on December 26, 1989, promulgated
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II FORMULATION OF THE PLAN FOR A CITY
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS
CHAPTER IV IMPLEMENTATION OF CITY PLANNING
CHAPTER V LEGAL LIABILITY
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic Article 2. This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out Article 3. The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for Article 4. The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts. Article 5. City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction Article 6. The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national Article 7. The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive Article 8. The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to Article 9. The competent department of city planning administration under the State Council shall be responsible for city planning throughout The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible Article 10. All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring
CHAPTER II FORMULATION OF THE PLAN FOR A CITY Article 11. The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous Article 12. The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation Article 13. In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast Article 14. In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment, In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions Article 15. In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, Article 16. In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed. Article 17. For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made Article 18. The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large Article 19. The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include Article 20. The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and Article 21. Plans for cities shall be examined and approved at different levels. The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people’s government of the The comprehensive plan for a city which is the seat of the people’s government of a province or of an autonomous region, or for a The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted The people’s government of a city or of a county must submit the comprehensive plan for a city to the people’s congress at the corresponding The plan for a district of a city shall be examined and approved by the people’s government of the city. The detailed plan for a city shall be examined and approved by the people ‘s government of the city. The detailed plan for a city Article 22. The people’s government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS Article 23. In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational Article 24. The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city’s water front, Article 25. The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water Article 26. In the development of new urban areas, rational use shall be made of the existing facilities of a city. Article 27. In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout
CHAPTER IV IMPLEMENTATION OF CITY PLANNING Article 28. The plan for a city shall be announced by the people’s government of the city after it is approved. Article 29. The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected Article 30. The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme Article 31. When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction Article 32. For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its Article 33. A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use. Article 34. All units and individuals must obey the decisions on readjustments in the use of land made by the people’s government of a city Article 35. No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply Article 36. The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities. Article 37. The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban Article 38. The competent department of city planning administration may participate in the checking and acceptance of important development
CHAPTER V LEGAL LIABILITY Article 39. If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for Article 40. Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line Article 41. A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements Article 42. A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision, Article 43. Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices
CHAPTER VI SUPPLEMENTARY PROVISIONS Article 44. This Law may be referred to for a residents’ community in an industrial or mining district without the administrative status of Article 45. Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people’s congresses Article 46. This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be
CITY PLANNING LAW OF THE PEOPLE’S REPUBLIC OF CHINA (Adopted at the 11th Meeting of the Standing Committee of the Seventh National People’s Congress on December 26, 1989, promulgated
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II FORMULATION OF THE PLAN FOR A CITY
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS
CHAPTER IV IMPLEMENTATION OF CITY PLANNING
CHAPTER V LEGAL LIABILITY
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic Article 2. This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out Article 3. The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for Article 4. The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts. Article 5. City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction Article 6. The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national Article 7. The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive Article 8. The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to Article 9. The competent department of city planning administration under the State Council shall be responsible for city planning throughout The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible Article 10. All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring
CHAPTER II FORMULATION OF THE PLAN FOR A CITY Article 11. The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous Article 12. The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation Article 13. In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast Article 14. In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment, In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions Article 15. In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, Article 16. In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed. Article 17. For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made Article 18. The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large Article 19. The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include ORGANIC LAW OF THE URBAN RESIDENTS COMMITTEES
|
| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The State Council | Status of Effect | With An Amendment Existing |
| Date of Promulgation | 1990-12-05 | Effective Date | 1990-12-05 |
|
Provisions of the People’s Republic of China on the Administration of Maritime International Container Transport |
|---|
Chapter I General Provisions
Chapter II Procedures for the Examination and Approval of Applications
Chapter III Management of Freight Transportation
Chapter IV Hand-Over Procedures and Responsibilities
Chapter V Provisions on Penalties
Chapter VI Supplementary Provisions
(Promulgated by Decree No. 68 of the State Council of the People’s
Republic of China on December 5, 1990, and effective as of the date of
promulgation)(Editor’s Note: For the revised text, see the Decision of the
State Council Regarding Amending the Provisions of the People’s Republic of
China on the Administration of Maritime International Container Transport
promulgated on April 18, 1998)
Chapter I General Provisions
Article 1 These Provisions are formulated in order to strengthen the
administration of maritime international container transport, to clearly
define the responsibilities of the various parties concerned, and to meet
the State’s needs in handling foreign trade.
Article 2 These Provisions shall apply to those enterprises that are
established within the territory of the People’s Republic of China for the
handling of maritime international container transport, and also to units
and individuals that are involved in the operations of maritime international
container transport.
Article 3 The Ministry of Communications of the People’s Republic of
China shall be responsible for the administration of the operations of
maritime international container transport throughout the country.
Article 4 In conducting maritime international container transport, the
principles of safety, accuracy, speed, economy, and civilized services must
be followed and door-to-door transportation shall be actively developed.
Chapter II Procedures for the Examination and Approval of Applications
for the Establishment of Enterprises That Handle Maritime International
Container Transport
Article 5 “Enterprises for the operations of maritime international
container transport” refers to those shipping enterprises that are engaged in
maritime international container transport, and also to those enterprises
that are engaged in port handling, with their inland transshipment stations
and freight stations that undertake maritime international container
transport.
Article 6 The applications for the establishment of enterprises that
are engaged in the operations of maritime international container transport
shall be submitted to the competent departments for communications of the
provinces, autonomous regions, or municipalities directly under the Central
Government for examination and verification, and then to the Ministry of
Communications for examination and approval.
Article 7 The applications for the establishment of enterprises that
are engaged in port handling of international containers shall be submitted
to the competent departments for communications of the provinces, autonomous
regions, or municipalities directly under the Central Government for
examination and approval, and then to the Ministry of Communications for the
record.
After the promulgation of these Provisions, the applications for the
establishment of new inland transshipment stations and freight stations that
undertake the transport of maritime international containers shall be
submitted first to the competent department that has established the said
enterprise for examination, verification, and consent; and then to the
competent departments for communications of the provinces, autonomous
regions, or municipalities directly under the Central Government for
examination and approval; and finally to the Ministry of Communications for
the record.
The procedures for the examination and approval of the applications for
the establishment of new transshipment stations and freight stations that
undertake the transport of maritime international containers shall be
formulated separately by the Ministry of Communications in conjunction with
the Ministry of Foreign Economic Relations and Trade.
Article 8 The applications for the establishment of Chinese-foreign
equity joint ventures and Chinese-foreign contractual joint ventures that
handle maritime international container transport shall be submitted to the
Ministry of Communications for examination, verification, and consent; and
shall then, in accordance with the provisions of the pertinent laws and
regulations, be submitted to the Ministry of Foreign Economic Relations and
Trade for examination and approval.
Article 9 The establishment of enterprises that are engaged in the
operations of maritime international container transport must satisfy the
following conditions;
(1) to have transport vessels, transport motor vehicles, transport
equipment and other relevant facilities that correspond to theft scope of
business and to the needs of their customers;
(2) to have the necessary organizational structure, site for setting up
their business office, and specialized administrative personnel;
(3) to have the registered capital and their own working capital that
meets the requirements of their business operations;
(4) to meet other conditions as stipulated by State laws, decrees and
regulations governing the establishment of enterprises.
Article 10 The competent department for communications shall examine,
verify and approve the scope of business operations of the enterprises that
have applied for the permission to handle maritime international container
transport in light of their sources of funds, the conditions of equipment and
facilities, the standard of administration, and the sources of cargoes.
Article 11 The competent department of communications shall issue the
approving documents to those enterprises, which have obtained the approval to
handle maritime international container transport. The units that have
received the approving documents shall apply and go through the registration
procedures by presenting the aforesaid approving documents to the
administrative department for industry and commerce, which shall issue the
business licences after checking and approving the enterprises’ application;
and only then shall the enterprises be permitted to start business operations.
Cases concerning the establishment of inland transshipment stations and
freight stations that undertake the transport of maritime international
containers shall also be submitted to the Customs for the completion of the
registration procedures.
Chapter III Management of Freight Transportation
Article 12 The containers used in maritime international container
transport shall conform to the provisions and technical standards of the
international organization for the standardization of containers, and also
to the provisions of the pertinent international containers convention.
The owners and operators of containers shall do a good job in the
management and maintenance of containers and carry out regular inspections, in
order to guarantee the provision of containers that are suitable for the
transportation of cargoes.
In case that the provisions in the second paragraph of this Article have
been violated, and, as a result, goods are damaged or short in number or
quantity, the person(s) who is (are) held responsible for this shall bear the
liability, for compensation in accordance with the pertinent provisions.
Article 13 Shippers and enterprises that are engaged in port handling,
shall guarantee that the vessels, motor vehicles, handling machinery and
tools are kept in a good technical condition, thereby ensuring the
transportation and safety of containers.
In case that shippers and enterprises that are engaged in port handling
have violated the provisions in the first paragraph of this Article, and, as
a result, goods are damaged or short in number or quantity, they shall bear
the liability for compensation in accordance with the pertinent provisions.
Article 14 Shippers and enterprises that are engaged in port handling
shall use the container shipping documents.
Article 15 Shippers may directly organize the contracting of the
transportation of container goods, and consignors may directly hold business
talks with shippers or commission shipping agents for the consignment of
import and export container goods.
Article 16 Consignors shall submit an accurate report on the names of
goods, and their property, quantity, weight, and specifications. The goods
shipped by consignment in containers must conform to the requirements of
container transport, and marks on the goods should be obvious and clear.
Article 17 Consignors or shippers shall, before vanning, carry out a
careful inspection of containers, and containers that might cause an adverse
effect on to the transportion and vanning of goods may not be used.
Article 18 Containers which are used for shipping such perishables as
grains, edible oils, and frozen food, shall be inspected by the department for
commodity inspection and found to be up to the standard before they are used
for shipping.
Article 19 As soon as container goods have reached their destination,
the shipper shall promptly send a cargo delivery notice to the consignee; and
the consignee shall, upon receiving the notice, take delivery of goods on the
strength of the bill of lading.
In case that the consignee fails to clear the goods when the prescribed
time limit is overdue, or that the consignee fails to return the containers
according to the prescribed time limit, the said consignee shall be required
to pay in accordance with the pertinent stipulations or with the agreement
set forth in the contract, the demurrage charge for the extended use of
containers.
Article 20 The freight charges for maritime international container
transport and other expenses shall be calculated and collected in accordance
with the State provisions concerning shipping charges and charge rates. In the
absence of State provisions, the freight charges shall be calculated and
collected in accordance with the prices agreed upon by both parties. No units
shall be permitted to collect charges at random.
Article 21 Shippers and enterprises that are engaged in port handling,
shall submit periodical statistical statements on transportion to the
competent department for communications.
Article 22 Various parties that are involved in maritime international
container transport shall, in good time, provide each other with information
concerning container transport.
Chapter IV Hand-Over Procedures and Responsibilities
Article 23 Shippers and consignors or consignees shall, in accordance
with the hand-over method stipulated, in the bill of lading, handle the
hand-over operations of containers and container goods at marshalling yards,
freight stations, or other places agreed upon by the two parties concerned.
Article 24 Shippers and enterprises that are engaged in port handling,
which take part in maritime international container transport, shall handle
the hand-over operations in accordance with the following provisions:
(1) maritime shippers shall handle the hand-over operations alongside
vessel through the tally companies and enterprises that are engaged in port
handling;
(2) with respect to containers transported by waterways through nodal
points, the enterprises that engaged in port handling and waterway carriers
shall handle the hand-over operations alongside vessel;
(3) with respect to containers transported by highways through nodal
points, the enterprises that engaged in port handling and highway carriers
shall handle the hand-over operations at the gate of the container terminal;
(4) with respect to containers transported by railway through nodal
points, the enterprise that engaged in port handling or highway carriers and
railway carriers shall handle the hand-over operations at the site of handing.
Article 25 While handling the hand-over operations of containers, the
two handling parties shall check the container numbers, the bodies of
containers and the containers’ marking seals. The loaded containers shall be
handed over by their marking seals and by the condition of container body; and
the empty containers shall be handed over by condition of container body.
After checking the container numbers, the bodies of containers and the
marking the two handling parties shall make a record and confirm it by
appending their signatures to the record.
Article 26 With respect to the liabilities of shippers and enterprises
that are engaged in port handling for the damage and loss of containers and
container goods, before the hand-over operations, the liabilities shall be
taken up by the handing-over party; after the hand-over operations, the
liabilities shall be taken up by the receiving party. However, if, within 180
days immediately after the hand-over operations, the receiving party is able
to produce evidence to testify to the fact that the damage of the containers,
or the damage and loss of container goods, were caused by the handing-over
party, then the handing-over party shall take up the liabilities for
compensation, unless otherwise provided by law.
Article 27 Unless otherwise provided by law, shippers and consignors
shall, in accordance with the following provisions, take up the liabilities
for the damage or loss of container goods:
(1) With respect to those goods, the vanning of which is done by the
shippers, if the goods in the containers are damaged or are short in number
or quantity during the period of time from the day the shippers receive the
goods to the day when the goods reach their destination but before they are
handed over to the consignees, the shippers shall take up the liabilities for
the damage or shortage.
(2) With respect to those goods, the vanning of which is done by the
consignors, if the container bodies and the marking seals have remained intact
but the goods (in the containers) have been damaged or are short in number or
quantity during the period of time from the completion or the vanning and the
completion of the procedures for consignment to the day before the containers
are handed over to the consignees, the consignors shall take up the liabilities
for the damage or shortage; if the container bodies are damaged or the marking
seals broken, and the goods in the containers are also damaged or are short
in number or quantity, the shippers shall take up the liabilities for the
damage or shortage.
The time limits for shippers and consigness or consignees to raise
claims of compensation shall be limited to no more than 180 days, beginning
from the day when container goods are handed over, unless otherwise provided
by law.
Article 28 In case that the consignors’ inaccurate or false declaration
on container goods has resulted in injuries and death of personnel, or in the
loss of means of transport of the goods proper and the containers, or of other
goods, the consignors shall bear the liabilities for the consequences
arising therefrom.
Article 29 In case that the fault of the person in charge of the vanning
has resulted in injuries and death of personnel, or in the loss of means of
transport, of other goods, or containers, the aforesaid person shall bear the
liabilities for the consequences arising therefrom.
Article 30 In case that the damage or shortage in number or quantity
of container goods involves a claim for compensation from a foreign unit,
which necessitates an appraisal and the issue of the relevant certificate by
the administrative department for commodity inspection, the case shall be
handled in accordance with the provisions in the Law of the People’s Republic
of China on the Inspection of Import and Export Commodities. In case that the
shortage in number or quantity of containers or container goods involves a
claim for compensation from a foreign unit, which necessitates the issue of
the relevant certificate by the tally department, the case shall be handled in
accordance with the pertinent provisions.
Chapter V Provisions on Penalties
Article 31 With respect to those who are engaged in container transport
business without a business licence for handling transport business, the
competent department for communications shall order them to cease business
operations, and penalties shall be imposed on them by the administrative
department for industry and commerce.
Article 32 With respect to those who have received shipping charges in
violation of these Provisions and the relevant laws and regulations of the
State on commodity prices, they shall be penalized by the department for the
control of commodity prides.
Article 33 With respect to those who have violated the administration
of transport documents, they shall be given an administrative warning or a
pecuniary penalty by the competent department for communications in light of
the seriousness of the cases.
Article 34 With respect to those who have disturbed the normal order of
transportation or have expanded their scope of business without authorization,
they shall be ordered by the competent department for communications to carry
out rectification of their business, and shall be penalized by the
administrative department for industry and commerce.
Article 35 In the event that the person concerned does not accept the
decision on penalties, he/she may, within 15 days as of the first day after
the receipt of the notice of the decision on penalties, appeal to the
competent department immediately above the punishing department for
reconsideration of the aforesaid decision on penalties. The competent
department that has received the appeal for reconsideration shall, within
30 days (after receiving the appeal), make the decision on reconsideration.
If the person concerned still does not accept the decision of the
reconsideration, he/she may within 15 days immediately after receiving the
decision on reconsideration, bring a suit before a people’s court. If the
person concerned neither appeal for reconsideration, nor bring a suit before
the people’s court, nor execute the decision on penalties or the decision of
the reconsideration within the prescribed period of time, the department that
has made the decision on penalties may apply to the people’s court for
enforcement.
Chapter VI Supplementary Provisions
Article 36 The right to interpret these Provisions resides in the
Ministry of Communications.
The Ministry of Communications may formulate the rules for implementation
in accordance with these Provisions.
Article 37 These Provisions 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 Standing Commettee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1990-06-28 | Effective Date | 1990-10-01 |
|
Law of the People’s Republic of China on the National Flag |
|---|
Appendix: Directions for the Making of the National Flag
(Adopted at the 14th Meeting of the Standing Committee of the Seventh
National People’s Congress on June 28, 1990, promulgated by Order No.28 of the
President of the People’s Republic of China on June 28, 1990, and effective
as of October 1, 1990)
Article 1 This Law is enacted in accordance with the Constitution with a
view to defending the dignity of the National Flag, enhancing citizens’
consciousness of the State and promoting the spirit of patriotism.
Article 2 The National Flag of the People’s Republic of China shall be a
red flag with five stars.
The National Flag of the People’s Republic of China shall be made
according to the Directions for the Making of the National Flag promulgated by
the Presidium of the First Plenary Session of the Chinese People’s Political
Consultative Conference.
Article 3 The National Flag of the People’s Republic of China is the
symbol and hallmark of the People’s Republic of China.
All citizens and organizations shall respect and care for the National
Flag.
Article 4 The local people’s governments at various levels shall exercise
supervision over and administration of the display and use of the National
Flag within their respective administrative areas.
The Ministry of Foreign Affairs, the competent department in charge of
communications under the State Council and the General Political Department of
the Chinese People’s Liberation Army shall exercise supervision over and
administration of the display and use of the National Flag within their
respective jurisdiction.
The National Flag shall be made by enterprises designated by the people’s
governments of provinces, autonomous regions and municipalities directly under
the Central Government.
Article 5 The National Flag shall be displayed daily in the following
places or premises of institutions:
(1) Tiananmen Square and Xinhuamen in Beijing;
(2) The Standing Committee of the National People’s Congress, the State
Council, the Central Military Commission, the Supreme People’s Court and the
Supreme People’s Procuratorate;
The National Committee of the Chinese People’s Political Consultative
Conference;
(3) The Ministry of Foreign Affairs;
(4) Airports, harbours and railway stations of entry or exit and other
frontier ports, frontier stations and coastal defence stations.
Article 6 Departments under the State Council, the standing committees of
the local people’s congresses, the people’s governments, the people’s courts,
the people’s procuratorates and the local committees of the Chinese People’s
Political Consultative Conference at various levels shall display the National
Flag during working days.
Full-time schools shall display the National Flag daily, except during
winter vacations, summer vacations and Sundays.
Article 7 State organs at all levels and mass organizations shall display
the National Flag on National Day, International Labour Day, New Year’s Day
and the Spring Festival; the National Flag may be displayed, when conditions
permit, in premises of enterprises, institutions, villagers’ committees and
residents’ committees, in urban residential compounds (buildings) and in
public places such as squares and parks.
In minority nationality areas where the Spring Festival is not a
traditional festival, whether the National Flag is displayed during the Spring
Festival shall be prescribed by the authorities practising self-government in
the national autonomous areas.
In a national autonomous area, the National Flag may be displayed on the
anniversary of the founding of the national autonomous area and during major
traditional festivals of the minority nationalities.
Article 8 The National Flag may be displayed when important celebration
and commemorative activities, large-scale cultural and sports activities and
major exhibitions are held.
Article 9 Measures for the display and use of the National Flag in
diplomatic activities and by the Chinese embassies and consulates stationed in
foreign countries and other diplomatic representative agencies shall be
prescribed by the Ministry of Foreign Affairs.
Article 10 The National Flag shall be displayed by military organs at
barracks and on military vessels in accordance with the relevant provisions of
the Central Military Commission.
Article 11 Measures for the display of the National Flag by civilian
vessels or foreign vessels entering Chinese territorial waters shall be
prescribed by the competent department in charge of communications under the
State Council.
Measures for the display of the National Flag by public security vessels
on frontier defence, security or fire control duties shall be prescribed by
the departments in charge of public security under the State Council.
Article 12 The National Flag, when displayed under Articles 5, 6 and 7 of
this Law, shall be hoisted in the morning and lowered in the eve- ning.
Where the National Flag shall be displayed under this Law, when the
weather is inclement, it is permissible that the Flag not be displayed.
Article 13 When the National Flag is displayed, a Flag-hoisting ceremony
may be held.
When a Flag-hoisting ceremony is held, persons present shall face the Flag
and stand at attention to salute the Flag, and the National Anthem may be
played or sung while the National Flag is being hoisted.
A full-time middle school or primary school shall hold a Flag-hoisting
ceremony once a week, except during vacations.
Article 14 The National Flag shall be lowered to the half staff as at
token of mourning when the following persons pass away:
(1) President of the People’s Republic of China, Chairman of the Standing
Committee of the National People’s Congress, Premier of the State Council and
Chairman of the Central Military Commission;
(2) Chairman of the National Committee of the Chinese People’s Political
Consultative Conference;
(3) Persons who have made outstanding contributions to the People’s
Republic of China;
(4) Persons who have made outstanding contributions to world peace or the
cause of human progress.
When unfortunate events causing especially serious casualties occur or
when serious natural calamities have caused heavy casualties, the National
Flag may be flown at half staff as a token of mourning.
The half-staffing of the National Flag in accordance with the provisions
of (3) and (4) in the first paragraph and of the second paragraph of this
Article shall be decided by the State Council.
Dates and places for the half-staffing of the National Flag under this
Article shall be decided by the funeral organ established by the State, or
shall be decided by the State Council.
Article 15 When the National Flag is displayed, it shall be placed in a
prominent position.
The National Flag, when raised or carried in a procession with another
flag or flags, shall be in front of the other flag or flags.
The National Flag, when displayed with another flag or flags, shall be
either at the center, above the other flag or flags, or in a position of
prominence.
When the National Flags of two or more nations are displayed in foreign
affairs activities, relevant provisions of the Ministry of Foreign Affairs or
the international practice shall be followed.
Article 16 The National Flag, when hoisted or lowered from a vertical
staff, shall be hoisted or lowered slowly. When hoisted, the National Flag
must reach the peak of the staff; when lowered, it may not touch the ground.
The National Flag, when flown at half staff, shall be first hoisted to the
peak of the staff and then lowered to a point where the distance between the
top of the Flag and the peak of the staff is one third of the length of the
staff; the Flag, when lowered, shall be again hoisted to the peak before it is
lowered.
Article 17 No damaged, defiled, faded or substandard National Flag shall
be displayed.
Article 18 The National Flag and the design thereof shall not be used as
a trade mark or for advertising purposes, and shall not be used in private
funeral activities.
Article 19 Whoever desecrates the National Flag of the People’s Republic
of China by publicly and wilfully burning, mutilating, scrawling on, defiling
or trampling upon it shall be investigated for criminal responsibilities
according to law; where the offence is relatively minor, he shall be detained
for not more than 15 days by the public security organ in reference to the
provisions of the Regulations on Administrative Penalties for Public Security.
Article 20 This Law shall enter into force as of October 1, 1990.
Appendix: Directions for the Making of the National Flag
(Promulgated by the Presidium of the First Plenary Session of the Chinese
People’s Political Consultative Conference on September 28, 1949)
The shape and colour of either side of the National Flag shall be
identical, whereas the five stars on both sides of the Flag shall be opposite
to each other. For convenience’s sake, these directions shall take the
circumstances where the staff is on the left as the basis for illustration.
Where the staff is on the right, the word “left” used in these directions
shall all be changed to “right”, while the word “right” referring to direction
shall all be changed to “left”.
(1) The face of the Flag shall be red and rectangular; the proportion of
its length and height shall be 3 to 2. The upper left of the face of the Flag
shall be studded with five yellow five-pointed stars. One of the stars shall
be bigger than the others, with its circumcircle’s diameter being three-tenth
of the height of the Flag, and shall be placed in the left; the four other
stars shall be smaller, with their circumcircle’s diameter being one-tenth of
the height of the Flag, encircling the big star on its right in the shape of
an arch. The cover of the staff shall be white.
(2) The five stars shall be positioned and drawn as follows:
a. To determine the position of the five stars, the face of the Flag shall
be first folded both ways to form four equal rectangles; then the rectangle on
the upper left shall be vertically divided into ten equal sections and
horizontally divided into fifteen equal sections.
b. The central point of the big five-pointed star shall be at a point in
the rectangle where the fifth line from above (or the fifth line from below),
and the fifth line from the left (or the tenth line from the right) meet. The
method of drawing shall be: taking this point as the centre and the length of
three such equals as the radius to make a circle. On the circumference of this
circle, five points with equal distances from each other shall be determined,
one of the points must be in the right above position of the circle. Then
connect each of the five points with every other point to form a straight line
respectively. The outline formed by these five straight lines shall be the
required big five-pointed star. An angle of the five-pointed star shall point
in the right above direction.
c. The centres of the four small five-pointed stars shall be as follows:
the first shall be at a point, in the rectangle, where the second line from
above (or the eighth line from below), and the tenth line from the left (or
the fifth line from the right) meet; the second shall be at a point where the
fourth line from above (or the sixth line from below), and the twelfth line
from the left (or the third line from the right) meet; the third shall be at a
point where the seventh line from above (or the third line from below), and
the twelfth line from the left (or the third line from the right) meet; the
fourth shall be at a point where the ninth line from above (or the first line
from below), and the tenth line from the left (or the fifth line from the
right) meet. The method for drawing shall be: taking each of the above four
points as the centre and the length of one such equal as the radius to make
four circles. On each circle, five points with equal distances from each other
shall be determined. One of such points must be on the line linking the
centre of the circle with the centre of the big five-pointed star. Then the
same methods used in forming the big five-pointed star shall be used to form
the small five-pointed stars. The four small five-pointed stars shall
respectively have an angle pointing right at the centre of the big
five-pointed star.
(3) The measurement in common use for the National Flag, from which people
from various circles may choose at their discretion shall be as follows:
a. 288 cm. in length, 192 cm. in height;
b. 240 cm. in length, 160 cm. in height;
c. l92 cm. in length, 128 cm. in height;
d. 144 cm. in length, 96 cm. in height;
e. 96 cm. in length, 64 cm. in height.
| Category | FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION | Organ of Promulgation | The National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1990-04-04 | Effective Date | 1990-04-04 |
|
Decision of the National People’s Congress Regarding the Revision of the Law of the People’s Republic of China on Chinese-foreign |
|---|
(Adopted at the Third Session of the Seventh National People’s Congress on
April 4, 1990, promulgated by Order No. 27 of the President of the People’s
Republic of China and effective as of the date of promulgation)
The Third Session of the Seventh National People’s Congress, having
considered the proposal of the State Council regarding the Amendment to the Law
of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures
(Draft), decides to make the following revisions to the Law of the People’s
Republic of China on Chinese-Foreign Equity Joint Ventures:
1. A new paragraph shall be added to Article 2 as paragraph 3: “The state
shall not nationalize or requisition any equity joint venture. Under special
circumstances, when public interest requires, equity joint ventures may be
requisitioned by following legal procedures and appropriate compensation shall
be made.”
2. Article 3 shall be amended as: “The equity joint venture agreement,
contract and articles of association signed by the parties to the venture shall
be submitted to the state’s competent department in charge of foreign economic
relations and trade (hereinafter referred to as the examination and approval
authorities) for examination and approval. The examination and approval
authorities shall decide to approve or disapprove the venture within three
months. When approved, the equity joint venture shall register with the state’s
competent department in charge of industry and commerce administration,
acquire a business license and start operations”.
3. Paragraph 1 of Article 6 shall be amended as: “An equity joint venture
shall have a board of directors; the number of the directors thereof from each
party and the composition of the board shall be stipulated in the contract and
articles of association after consultation among the parties to the venture;
such directors shall be appointed and replaced by the relevant parties. The
chairman and the vice-chairman (vice-chairmen) shall be determined through
consultation by the parties to the venture or elected by the board of
directors. If the Chinese side or the foreign side assumes the office of the
chairman, the other side shall assume the office(s) of the vice-chairman
(vice-chairmen). The board of directors shall decide on important issues
concerning the joint venture on the principle of equlity and mutual benefit.”
4.Paragraph 2 of Article 7 shall be amended as: “An equity joint venture
may, in accordance with provisions of the relevant laws and administrative
rules and regulations of the state on taxation, enjoy preferential treatment
for reduction of or exemption from taxes.”
5. Paragraph 1 of Article 8 shall be amended as: “An equity joint venture
shall, on the strength of its business license, open a foreign exchange account
with a bank or any other financial institution which is permitted by the state
agency for foreign exchange control to handle foreign exchange transactions.”
Paragraph 1 of Article 10 shall be amended as: “The net profit which a
foreign joint venturer receives as its share after performing its obligations
under the laws, and the agreements or the contract, the funds it receives upon
the expiration of the venture’s term of operation or its early termination, and
its other funds may be remitted abroad in accordance with foreign exchange
control regulations and in the currency or currencies specified in the contract
concerning the equity joint venture.”
Article 11 shall be amended as: “The wages, salaries or other legitimate
income earned by a foreign worker or staff member of an equity joint venture,
after payment of the individual income tax under the tax laws of the People’s
Republic of China, may be remitted abroad in accordance with foreign exchange
control regulations.”
6. Article 12 shall be amended as: “Based on different lines of trade and
different circumstances, arrangements for the duration of equity joint ventures
may be made differently through agreement by the parties to the venture.
Equity joint ventures engaged in certain lines of trade shall specify their
duration in the contracts, while equity joint ventures engaged in certain other
lines of trade may choose to or not to specify their duration in the contract.
Where an equity joint venture has had its duration specified and the parties
to the venture agree to extend the duration, the venture shall file an
application for the purpose with the examination and approval authorities six
months before its expiration. The examination and approval authorities shall,
within one month after receipt of the application, decide on its approval or
disapproval.”
7. Article 13 shall be amended as: “In case of heavy losses, failure of a
party to perform its obligations under the contract and the articles of
association, or force majeure etc., the parties to the joint venture may
terminate the contract through their consultation and agreement, subject to
approval by the examination and approval authorities and to registration with
the state’s competent department in charge of industry and commerce
administration. In case of losses caused by a breach of contract, the financial
responsibility shall be borne by the party that has breached the contract.”
This Decision shall enter into force as of the date of promulgation.
The Law of the People’s Republic of China on Chinese-Foreign Equity Joint
Ventures shall be republished after being correspondingly amended according to
this Decision.?
| Category | TAXATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1990-09-11 | Effective Date | 1990-10-01 |
|
Provisions Concerning Reduction of and Exemption From Enterprise Income Tax and Consolidated Industrial and Commercial Tax for the |
|---|
(Approved by the State Council on September 7, 1990 and promulgated by
the Ministry of Finance on September 11, 1990)
Article 1 These Provisions are formulated in order to assist Shanghai
Pudong New Zone (hereinafter referred to as “Pudong New Zone”) in expanding
foreign economic cooperation and technological exchange, absorbing foreign
capital, introducing advanced technology, and speeding up development and
construction.
Article 2 Production-oriented enterprises organized as Chinese-foreign
equity joint ventures, Chinese-foreign contractual joint ventures and
foreign-capital enterprises established in Pudong New Zone shall be subject
to enterprise income tax at the reduced tax rate of 15% on income derived from
production and business operations and on other income. Upon the filing of an
application with and approval of the tax authorities, an exemption from income
tax in the first and second years, commencing the first profit-making year,
and a 50% reduction of income tax from the third through the fifth years shall
be granted to those enterprises scheduled to operate for a period of 10 years
or more.
Article 3 After the period of enterprise income tax reduction and
exemption has expired in accordance with the provisions of the State,
export-oriented enterprises may, for any year in which the output value of the
export products of the enterprise amounts to 70% or more of the output value
of the products of the enterprise for that year, pay enterprise income tax at
a reduced tax rate of 10%. After the period of enterprise income tax reduction
and exemption has expired in accordance with the provisions of the State, the
payment of enterprise income tax at a rate reduced by one half may be extended
for a period of 3 years for advanced technology enterprises.
Article 4 Enterprises with foreign investment that are engaged in the
operation of such energy resources and communications construction projects
as airport, harbour, railway, highway, and power station, shall be subject to
enterprise income tax at a reduced tax rate of 15%. Upon the filing of an
application with and approval of the tax authorities, an exemption from income
tax from the first through fifth years, commencing the first profit-making
year, and a 50% reduction of income tax from the sixth through the tenth years
shall be granted to those enterprises scheduled to operate for a period of 15
years or more.
Article 5 Enterprises with foreign investment, that are engaged in
infrastructure construction connected with certain projects on tracts of land,
upon approval by the tax authorities of an application filed by the enterprise,
shall be given preferential treatment in taxation, in accordance with Article
2 of these Provisions concerning production-oriented enterprises.
Article 6 With respect to foreign financial institutions such as foreign
capital banks, branch offices of foreign banks, banks with Chinese-foreign
joint capital, and finance companies that are scheduled to operate for a
period of 10 years or more, if the paid-in capital of foreign investors or the
capital granted by the head office to the branch office for business
operations exceeds 10 million U.S. dollars, upon approval by the tax
authorities of an application, the enterprise income tax shall be levied on
income derived from business operations at a reduced tax rate of 15%, and
shall subject to an exemption in the first year, commencing the first
profit-making year, and a 50% reduction in the second and third years.
Article 7 Foreign financial institutions such as foreign capital banks,
branch offices of foreign banks, banks with Chinese-foreign joint capital,
and finance companies shall be subject to consolidated industrial and
commercial tax at a tax rate of 3% on their income derived from loan
transactions, and a tax rate of 5% on their income derived from other
financial transactions.
Article 8 A foreign investor that reinvests its share of profit
obtained from an enterprise in the same enterprise or in other enterprises
with foreign investment, or uses the aforesaid share of profit for setting up
a new enterprise with foreign investment, where the period of operation is
not less than 5 years, shall be refunded 40% of the amount of income tax
paid on the reinvested portion; if the reinvested amount is used to set up
export-oriented enterprises or advanced technology enterprises, where the
period of operation is not less than 5 years, the entire amount of income
tax paid on the reinvested portion shall be refunded.
Article 9 Where a foreign investor to a Chinese-foreign equity joint
venture remits its share of profit out of China, the amount remitted shall
be exempt from income tax.
Article 10 Foreign investors having no establishments in China but
receiving dividends, interest, rentals, royalties, and other income from
sources in the Pudong New Zone shall be subject to income tax at a reduced
tax rate of 10%, with the exception of those that are exempt from income tax
in accordance with the law. Where investors which provide funds or equipment
on preferential terms, or transfer advanced technology, and need to be granted
more preferential treatment in the form of income tax reduction or exemption,
the case shall be decided by the Shanghai Municipal People’s Government.
Article 11 Export products manufactured by enterprises with foreign
investment, with the exception of crude oil, refined oil and the products
otherwise specified by the State, shall be exempt from consolidated
industrial and commercial tax.
Article 12 Building materials, production and management equipment and
spare parts, means of transport, office supplies required for own use, as
well as raw materials and auxiliary materials required for production,
imported by enterprises with foreign investment, shall be exempt from
consolidated industrial and commercial tax.
Where enterprises with foreign investment use the tax-free imported raw
materials, spare parts, components and packaging materials for processing
products, which are then sold on the domestic market, consolidated industrial
and commercial tax shall be made up on the imported materials and components
used for processing of such products.
Article 13 Reasonable quantities of settling-in articles and means of
transport personally brought in by foreign personnel who are working or
reside in enterprises located in Pudong New Zone, shall be exempt from
consolidated industrial and commercial tax.
Article 14 The Shanghai Municipal People’s Government shall decide
whether or not the preferential treatment shall be granted to enterprises
with foreign investment in respect of local income tax imposed on them, or
in respect of real estate tax imposed on the new houses which have been
built or bought by them for their own use.
Article 15 For enterprises established or projects launched with
investment by companies, enterprises and other economic organizations as
well as individuals from Hong Kong, Macao and Taiwan, matters shall be
handled by taking reference to these Provisions.
Article 16 The State Taxation Bureau shall be responsible for
interpreting these Provisions.
Article 17 These Provisions shall go into effect as of October 1, 1990.
| 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 |
|
Decision of the Standing Committee of the National People’s Congress on the Punishment of Criminals Who Smuggle, Produce, Sell or |
|---|
(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.
