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1997

LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.53

The Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine, adopted at the 22nd Meeting of the Standing
Committee of the Seventh National People’s Congress on October 30, 1991, is now promulgated, and shall enter into force as of April
1, 1992.

President of the People’s Republic of China: Yang Shangkun

October 30, 1991

Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine ContentChapter I General Provisions

Chapter II Entry Quarantine

Chapter III Exit Quarantine

Chapter IV Transit Quarantine

Chapter V Quarantine of Materials Carried by Passengers or by Post

Chapter VI Quarantine of Means of Transport

Chapter VII Legal Responsibility

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated for the purpose of preventing infectious or parasitic diseases of animals, diseases, insect pests and weeds
dangerous to plants, and other harmful organisms (hereinafter referred to, for short, as diseases, insect pests and harmful organisms)
from spreading into or out of the country, protecting the production of agriculture, forestry, animal husbandry and fishery as well
as human health, and promoting the development of foreign economic relations and trade.

Article 2

Animals and plants, their products and other quarantine objects, containers and packaging materials used for carrying animals and
plants, their products or other quarantine objects, as well as means of transport from animal or plant epidemic areas shall, on entry
or exit, be subject to quarantine inspection in accordance with this Law.

Article 3

An animal and plant quarantine department shall be instituted under the State Council (hereinafter referred to, for short, as the
State animal and plant quarantine department), which shall conduct a unified administration of the entry and exit animal and plant
quarantine in the whole country. Port animal and plant quarantine offices set up by the State animal and plant quarantine department
at ports open to the outside world and at places busy with entry and exit animal and plant quarantine shall, in accordance with this
Law, carry out entry and exit animal and plant quarantine.

The department in charge of the quarantine of animal products leaving the country for trade purposes shall be designated by the State
Council as it deems appropriate.

The department of agriculture administration under the State Council shall be in charge of the entry and exit animal and plant quarantine
in the whole country.

Article 4

A port animal and plant quarantine office may exercise the following functions and powers when performing quarantine inspection:

(1)

Embarking on a ship, a vehicle or an airplane to perform quarantine under this Law;

(2)

Entering a seaport, an airport, a railway or coach station, a post office or a site where quarantine objects are stored, processed,
bred or cultivated, to perform quarantine inspection and collect samples according to relevant regulations;

(3)

Entering a site relating to production or storage according to the needs of quarantine, to carry out epidemic monitoring and investigations
or quarantine supervision and control;

(4)

Consulting, making copies of or excerpts from operational diaries, bills of lading, contracts, invoices or other documents relating
to the quarantine objects.

Article 5

The State shall prohibit the following objects from entering the country:

(1)

Pathogenic micro-organisms (including seed cultures of bacteria and viruses) of animals and plants, insect pests and other harmful
organisms;

(2)

Relevant animals and plants, their products and other quarantine objects from countries or regions with prevalent epidemic animal
or plant diseases;

(3)

Animal carcasses; and

(4)

Soil.

When a port animal and plant quarantine office discovers any objects prohibited from entering the country as prescribed in the preceding
paragraph, such objects shall be returned or destroyed.

Whoever, because of special needs such as scientific research, imports any objects prohibited from entering the country as prescribed
in the first paragraph of this Article, must submit an application in advance, which shall be subject to the approval by the State
animal and plant quarantine department.

The catalogues of objects prohibited from entering the country as prescribed in (2) of the first paragraph of this Article shall be
worked out and announced by the department of agriculture administration under the State Council.

Article 6

In the event that a serious animal or plant epidemic occurs abroad and is liable to spread into the country, the State Council shall
adopt emergent preventive measures and may, when necessary, issue orders to prohibit means of transport from animal or plant epidemic
areas from entering the country or to blockade the relevant ports; the local people’s governments in areas threatened by the animal
or plant epidemic as well as the port animal and plant quarantine offices concerned shall immediately take emergency measures, and,
at the same time, report to the people’s governments at higher levels and the State animal and plant quarantine department.

The departments of posts and telecommunications and departments of transportation shall give priority to transmitting or transporting
reports concerning serious animal or plant epidemic or materials to be sent for quarantine inspection.

Article 7

The State animal and plant quarantine department and port animal and plant quarantine offices shall practise a quarantine supervision
system in relation to the procedures in the production, processing and storage of animals and plants and their products for entry
or exit.

Article 8

When a port animal and plant quarantine office is carrying out its tasks of quarantine inspection in seaports, airports, railway or
coach stations, or post offices, relevant departments such as the Customs, departments of communications, civil aviation, or railways,
and postal services shall coordinate therewith.

Article 9

Any quarantine functionary of an animal and plant quarantine organ must be devoted to his or her duties and enforce the law impartially.

No unit or individual may obstruct a quarantine functionary of an animal and plant quarantine organ from carrying out his or her duties
according to law.

Chapter II Entry Quarantine

Article 10

Whoever imports animals, animal products, plant seeds, seedlings or other propagating materials must submit an application in advance
and go through the formalities for examination and approval of quarantine inspection.

Article 11

Whoever imports animals and plants, their products or other quarantine objects through trade, scientific and technological cooperation,
exchanges, donations or aid shall specify in the contracts or agreements the requirements for quarantine inspection prescribed by
China’s law and the necessity of quarantine certificates issued by the animal and plant quarantine department under the government
of the exporting country or region being appended therewith.

Article 12

The owner or his or her agent shall apply to the port animal and plant quarantine office at the port of entry for quarantine inspection
of the animals and plants, their products or other quarantine objects, before or on their entry, on the strength of documents such
as the quarantine certificates issued by the exporting country or region and the trade contracts.

Article 13

On arrival at a port of a means of transport for carrying animals, the port animal and plant quarantine office shall for the prevention
of epidemics adopt onthespot preventive measures and conduct disinfection of persons embarking on or disembarking from the means
of transport or having contacts with the animals, the means of transport for carrying the animals and the contaminated fields.

Article 14

Import animals and plants, their products and other quarantine objects shall be quarantined at the port of entry; without consent
of the port animal and plant quarantine office, the same shall not be unloaded from the means of transport.

The import animals and plants that need to be placed in isolation for quarantine inspection shall be quarantined in an isolation court
designated by the port animal and plant quarantine office.

By reason of limited conditions at the port of entry, the State animal and plant quarantine department may decide to have the animals
and plants, their products or other quarantine objects transported to a designated place for quarantine inspection. In the course
of transportation, loading and unloading, the owner or his or her agent shall take preventive measures against epidemics. Designated
places for storage, processing, isolated feeding or planting shall conform to the provisions on animal and plant quarantine and epidemic
prevention.

Article 15

The import animals and plants, their products or other quarantine objects that pass the quarantine inspection are allowed to enter
the country; the Customs shall, after verification, release the same on the strength of the quarantine certificates issued, or the
stamps on the customs declaration forms affixed, by the port animal and plant quarantine office.

In respect of the import animals and plants, their products or other quarantine objects that need to be transferred away from a customs
surveillance zone for quarantine inspection, the Customs shall, after verification, release the same on the strength of the Quarantine
Transference Notice issued by the port animal and plant quarantine office.

Article 16

In respect of the import animals that fail in the quarantine inspection, the port animal and plant quarantine office shall issue the
Quarantine Treatment Notice notifying the owner or his or her agent to deal with the said animals in either of the following manners:

(1)

The animals that are found suffering from Class A infectious or parasitic diseases, shall, together with all the other in-contact
animals, be returned or slaughtered with their carcasses destroyed; or

(2)

The animals that are found suffering from Class B infectious or parasitic diseases shall be returned or slaughtered; and the other
incontact animals shall be placed in an isolation camp or any other designated place for observation.

In respect of import animal products or other quarantine objects that fail in the quarantine inspection, the port animal and plant
quarantine office shall issue the Quarantine Treatment Notice notifying the owner or his or her agent to conduct such treatments
as disinfection and disinfestation, returning or destruction. The products or objects that pass the quarantine inspection after a
treatment of disinfection and disinfestation are allowed to enter the country.

Article 17

On discovering through quarantine inspection that import plants, plant products or other quarantine objects are contaminated with
diseases, pests or weeds dangerous to plants, the port animal and plant quarantine office shall issue the Quarantine Treatment Notice
notifying the owner or his or her agent to conduct such treatments as disinfection and disinfestation, returning or destruction.
Those that pass the quarantine inspection after a treatment of disinfection and disinfestation are allowed to enter the country.

Article 18

The catalogues of the Class A and Class B infectious or parasitic diseases of animals specified in Article 16 , paragraph 1, Items
1 and 2 of this Law and the catalogues of the diseases, pests or weeds dangerous to plants specified in Article 17 of this Law shall
be worked out and announced by the department of agriculture administration under the State Council.

Article 19

On discovering through quarantine inspection that import animals and plants, their products or other quarantine objects are contaminated
with diseases, insect pests or harmful organisms which are not covered by the catalogues specified in Article 18 of this Law but
are extremely harmful to agriculture, forestry, animal husbandry and fishery, the port animal and plant quarantine office shall,
in accordance with relevant regulations of the department of agriculture administration under the State Council, notify the owner
or his or her agent to conduct such treatments as disinfection and disinfestation, returning or destruction. Those that pass the
quarantine inspection after a treatment of disinfection and disinfestation are allowed to enter the country.

Chapter III Exit Quarantine

Article 20

The owner, or his or her agent, of exit animals and plants, their products or other quarantine objects shall, before their exit, submit
an application for quarantine inspection to the port animal and plant quarantine office.

The animals that need to be placed in isolation for quarantine inspection before exit shall be quarantined in an isolation court designated
by the port animal and plant quarantine office.

Article 21

Export animals and plants, their products or other quarantine objects shall be quarantined by the port animal and plant quarantine
office, and those that pass the quarantine inspection or conform to the standards after a treatment of disinfection and disinfestation
are allowed to leave the country. The Customs shall, after verification, release the same on the strength of the quarantine certificates
issued, or the stamps on the customs declaration forms affixed, by the port animal and plant quarantine office. Those that fail in
the quarantine inspection and are unable to be treated by disinfection and disinfestation with effective methods shall not be allowed
to leave the country.

Article 22

Where the animals and plants, their products or other quarantine objects that pass the quarantine inspection are involved in any of
the following circumstances, the owner or his or her agent shall re-apply for quarantine inspection:

(1)

Where the importing country or region is changed, and the changed importing country or region has different requirements for quarantine
inspection;

(2)

Where the packings are changed or the unpacked products or objects are subsequently packed;

(3)

Where the stipulated valid period of quarantine is exceeded.

Chapter IV Transit Quarantine

Article 23

Whoever requests a transit of animals through the Chinese territory must obtain in advance and through consultation the consent of
China’s State animal and plant quarantine department and the transit must be conducted through the designated port and route.

The means of transport, containers, feeding stuffs and bedding materials for the animals in transit must all conform to China’s regulations
on animal and plant quarantine.

Article 24

The transit of animals and plants, their products or other quarantine objects requires the consignor or the escort to submit at the
port of entry the bills of lading and the quarantine certificates issued by the animal and plant quarantine department under the
government of the exporting country or region to the port animal and plant quarantine office for quarantine inspection. No further
quarantine inspection is needed at the port of exit.

Article 25

The transit animals that pass the quarantine inspection are allowed to pass through the country; and in case any infectious or parasitic
disease of animals specified in the catalogues as stipulated in Article 18 of this Law is discovered, the entire flock of the animals
shall not be allowed to transit.

The transit animals’ feeding stuffs that are contaminated with diseases, insect pests or harmful organisms shall be subjected to such
treatments as disinfection and disinfestation, denial of transit or destruction.

The carcasses, excrements, bedding materials and other wastes of the transit animals must be disposed of in accordance with the regulations
of the animal and plant quarantine department, and may not be cast away without authorization.

Article 26

The port animal and plant quarantine office shall examine the means of transport and the packings, in respect of the transit plants,
animal and plant products or other quarantine objects, which are allowed to transit through the country if they pass the quarantine
inspection; in case any disease, insect pest or harmful organism specified in the catalogues as stipulated in Article 18 of this
Law is discovered, it shall be subjected to a treatment of disinfection and disinfestation or denial of transit.

Article 27

Animals and plants, their products or other quarantine objects, in the course of their transit, may not be unpacked or discharged
from the means of transport without the approval of the animal and plant quarantine organ.

Chapter V Quarantine of Materials Carried by Passengers or by Post

Article 28

Whoever intends to carry or post plant seeds, seedlings or other propagating materials into the country must submit an application
in advance and go through the formalities for examination and approval of quarantine inspection.

Article 29

The catalogues of the animals and plants, their products and other quarantine objects that are not allowed to be carried or posted
into the country shall be worked out and announced by the department of agriculture administration under the State Council.

In case any animals or plants, animal or plant products or other quarantine objects specified in the catalogues mentioned in the preceding
paragraph are carried or posted into the country, they shall either be returned or destroyed.

Article 30

Whoever enters the country carrying animals or plants, animal or plant products or other quarantine objects which are not included
in the catalogues specified in Article 29 of this Law shall declare them to the Customs at the port of entry and accept the quarantine
inspection by the port animal and plant quarantine office.

Whoever carries animals into the country must hold such papers as quarantine certificates issued by the exporting country or region.

Article 31

The port animal and plant quarantine office shall, in respect of the animals and plants, their products or other quarantine objects
not included in the catalogues specified in Article 29 of this Law, carry out quarantine inspection at the International Postage
Exchange Bureau, or, when necessary, take the same back to the port animal and plant quarantine office for quarantine inspection;
and the same shall not be transported or delivered without undergoing quarantine inspection.

Article 32

Animals or plants, animal or plant products or other quarantine objects that enter the country by post shall be released if they pass
the quarantine inspection or conform to the standards after the treatment of disinfection and disinfestation; those that fail in
quarantine inspection and are unable to be treated by disinfection and disinfestation with effective methods shall be returned or
destroyed, and the Quarantine Treatment Notice shall be issued.

Article 33

The animals or plants, animal or plant products or other quarantine objects that are carried or posted out of the country shall be
quarantined by the port animal and plant quarantine office, upon request by the owner thereof.

Chapter VI Quarantine of Means of Transport

Article 34

Ships, airplanes or trains from the animal or plant epidemic areas shall, upon their arrival at the port, be quarantined by the port
animal and plant quarantine office. In the event any disease, insect pest or harmful organism specified in the catalogues mentioned
in Article 18 of this Law is discovered, the cargoes shall be subjected to such treatments as prohibition from discharge from the
means of transport,disinfection and disinfestation, sealing up or destruction.

Article 35

Vehicles entering the country shall be disinfected for epidemic prevention by the port animal and plant quarantine office.

Article 36

The swills and wastes of animal or plant nature on the means of transport entering or leaving the country shall be disposed of in
accordance with the regulations of the port animal and plant quarantine office and may not be cast away without authorization.

Article 37

The means of transport carrying export animals and plants, their products or other quarantine objects shall conform to the regulations
on animal and plant quarantine and epidemic prevention.

Article 38

The old and disused ships entering the country for disassembling purposes shall be quarantined by the port animal and plant quarantine
office. In the event that diseases, insect pests or harmful organisms specified in the catalogues mentioned in Article 18 of this
Law are discovered, the said ships shall be subjected to a treatment of disinfection and disinfestation.

Chapter VII Legal Responsibility

Article 39

Whoever, in violation of this Law, commits any of the following acts shall be fined by the port animal and plant quarantine office:

(1)

Failing to apply for quarantine inspection or failing to go through the formalities for examination and approval of quarantine inspection
in accordance with the law;

(2)

Unloading animals or plants, animal or plant products or other quarantine objects entering the country from the means of transport
or transporting or delivering the same, without permission of the port animal and plant quarantine office;

(3)

Transferring or disposing of, without authorization, the animals or plants subjected to quarantine inspection in an isolation court
designated by the port animal and plant quarantine office.

Article 40

Where the animals or plants, animal or plant products or other quarantine objects declared for quarantine inspection do not conform
to the actual conditions, the applicant shall be fined by the port animal and plant quarantine office; and the quarantine certificates
already obtained shall be revoked.

Article 41

Whoever, in violation of this Law and without authorization, unpacks the packings of transit animals or plants, animal or plant products
or other quarantine objects, discharges transit animals or plants, animal or plant products or other quarantine objects from the
means of transport, or casts away transit animals’ carcasses, excrements, bedding materials or other wastes, shall be fined by the
port animal and plant quarantine office.

Article 42

Whoever violates the provisions of this Law and causes a serious animal or plant epidemic shall be investigated for criminal responsibility
by applying mutatis mutandis the provisions of Article 178 of the Criminal Law.

Article 43

Whoever forges or alters the quarantine certificates, stamps, marks or seals shall be investigated for criminal responsibility in
accordance with the provisions of Article 167 of the Criminal Law.

Article 44

If a party is not satisfied with the decision on punishment made by an animal and plant quarantine organ, it may, within 15 days after
receipt of the notification of the punishment, apply for reconsideration to the organ at the next higher level over the organ that
has made the decision on punishment; the party may also directly bring a suit in a people’s court within 15 days after receipt of
the notification of the punishment.

The reconsideration organ shall, within 60 days after receipt of the application for reconsideration, make a reconsideration decision.
If the party is not satisfied with the reconsideration decision, it may, within 15 days after receipt of the reconsideration decision,
bring a suit in a people’s court. If the reconsideration organ fails to make a reconsideration decision within the prescribed period,
the party may bring a suit within 15 days after the expiration of the period for reconsideration.

If the party neither applies for reconsideration within the time limit, nor brings a suit in a people’s court, nor complies with the
decision on punishment, the organ that has made the decision on punishment may apply to a people’s court for compulsory execution.

Article 45

Where a quarantine functionary of an animal and plant quarantine organ who abuses his or her power, practices favoritism or embezzlement,
forges a quarantine result, or neglects his or her duty or delays the performance of quarantine inspection and the issuance of certificates,
criminal responsibility shall be investigated according to law if the offence constitutes a crime; if the offence does not constitute
a crime, the offender shall be subjected to administrative sanctions.

Chapter VIII Supplementary Provisions

Article 46

As used in this Law, the following terms respectively mean:

(1)

“Animals” mean the live animals, whether domesticated or wild, such as livestock, poultry, beasts, snakes, tortoises, fishes, shrimps
and prawns, crabs, shellfishes, silkworms and bees;

(2)

“Animal products” mean the nonprocessed products or the processed products, from animals, still liable to spread epidemic diseases,
such as raw hides, hairs, meats, viscerae, fat and grease, aquatic animal products, dairy products, eggs, blood, semens, embryos,
bones, hoofs and horns;

(3)

“Plants” mean cultivated plants, wild plants, their seeds and seedlings and other propagating materials;

(4)

“Plant products” mean the non-processed products or the processed products, from plants, still liable to spread diseases, insect pests
or harmful organisms, such as grain, beans, cotton, oils, fibres, tobacco, kernel, dried fruits, fresh fruits, vegetables, raw medicinal
herbs, logs and feeding stuffs;

(5)

“Other quarantine objects” mean animal vaccine, blood serum, diagnostic reagents, wastes of animal or plant nature.

Article 47

If provisions of this Law contravene those of the international treaties concerning animal and plant quarantine which the People’s
Republic of China has concluded or to which China is a party, the provisions of the international treaties concerned shall prevail,
with the exception of the treaty clauses on which the People’s Republic of China has declared reservations.

Article 48

Port animal and plant quarantine offices shall collect fees, according to relevant regulations, for performing quarantine inspection.
The measures for the collection of fees shall be worked out by the department of agriculture administration under the State Council
together with the competent departments such as the pricing department under the State Council.

Article 49

The State Council shall, on the basis of this Law, formulate the implementing regulations.

Article 50

This Law shall enter into force as of April 1, 1992. The Regulations of the People’s Republic of China on the Import and Export Animal
and Plant Quarantine promulgated by the State Council on June 4, 1982 shall be annulled simultaneously.

The Standing Committee of the National People’s Congress
1991-10-30

REGULATIONS FOR THE IMPLEMENTATION OF THE COPYRIGHT LAW

Regulations for the Implementation of the Copyright Law of the PRC

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II COPYRIGHT ADMINISTRATIVE AUTHORITIES

CHAPTER III OWNERSHIP AND EXERCISE OF COPYRIGHT

CHAPTER IV COPYRIGHT LICENCING CONTRACTS

CHAPTER V EXERCISE OF AND LIMITATIONS ON RIGHTS RELATED TO

CHAPTER VI ADMINISTRATIVE SANCTIONS

CHAPTER VII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISION

Article 1. The present Regulations are formulated according to the Article 54 of the Copyright Law of the People’s Republic
of China (hereinafter referred to as the Copyright Law).

Article 2. The term “works” used in the Copyright Law refers to original intellectual creations in the literary, artistic and
scientific domain, in so far as they are capable of being reproduced in a certain tangible form.

Article 3. The term “creation” mentioned in the Copyright Law refers to intellectual activities from which literary, artistic and
scientific works are directly resulted.

The making of arrangement and the provision of consultation, material means or supporting service, done for others in
their creating activities, shall not be deemed as acts of creating. Article 4. These works mentioned in the Copyright
Law and the present Regulations mean the following:

(1) Written works are works expressed in writing, such as novels, poems, essays and thesis;

(2) Oral works are works, such as unprepared speeches, lectures and court debates, which are created in spoken words and
have not been fixed on any material carrier;

(3) Musical works are works, with or without accompanying words, which can be sung or performed, such as symphony and songs;

(4) Dramatic works are works, such as dramas, operas and local art forms, which are created for stage performance;

(5) Qu Yi works are works created mainly for being performed in a way involving recitation, singing, or both, such
as cross talk, clapper talk, ballad singing and story telling;

(6) Choreographic works are works which are or can be expressed in successive body movements, gestures and facial
movements;

(7) Works of fine art are two- or three-dimensional works created in lines, colours or other medium which,
when being viewed, impart esthetic effect, such as paintings, works of calligraphy, sculptures and works of architecture;

(8) Photographic works are the kind of artistic works created by recording images on light-sensitive materials with the aid
of devices;

(9) Cinematographic, television and videographic works are works which, being recorded on some material, consist
of a series of frames of images, with or without accompanying sound, and can be projected with the aid of devices
suitable in relation to a specific works;

(10) Drawings of engineering designs and product designs and the accompanying descriptions are drawings
made for the purpose of actual construction and manufacturing and descriptive works contained in the said design drawings;

(11) Maps, diagrams and other graphic works refer to two- or three-dimensional works showing geographical
phenomenon and demonstrating the fundamental or the structure of a thing or an object, such as geographical maps,
plan of electrical circuit or an anatomical drawings.

Article 5. The exploitation referred to in the present Law in relation to works shall mean the doing of the following acts:

(1) Reproduction is the making of if one or more copies of a work by means like printing, photocopying, copying by
hand, rubbing, audio-recording, video-recording, re-recording or photographing;

(2) Performance is the public presentation of a work through vocal sound, facial movements and body movements, directly
or with the aid of technical devices;

(3) Broadcasting is the communication of works through wireless radio waves and cable television system;

(4) Exhibition is the public display of works of fine art and photography, whether their original copies or reproductions;

(5) Distribution is the provision of copies of a work to the public by means such as sale and rental, in so far
as the number of copies satisfy the reasonable need of the public;

(6) Publication is the public distribution of copies of the edited version of a work;

(7) Making of cinematographic, television and video works means the fixation for the first time of a
work on some materials by means of cinematographic production or analogous process. This subsection shall not
apply to the mere mechanical recording of performance or scenes or material objects;

(8) Adaptation is the creation of new original works on the basis of pre-existing ones by changing their original
form of expression or the purposes they are originally designed to serve;

(9) Translation is the conversion of the language of a work into another language;

(10) A notation is the explanation of characters, words and sentences used in a literary work;

(11) Compilation is the creation of a work by assembling a number of selected pre-existing works, in whole
or in parts, according to an arrangement designed for a specific purpose;

(12) Sorting-out is the rearrangement of pre-existing works or materials by changing their former state of being
fragmented and poorly-ordered into a one of being systematic and orderly, such as the glossing and repairing of ancient
classics.

Article 6. As used in the Law, the terms listed below shall mean the following:

(1) News of current events refers to the mere report of facts or happenings conveyed by newspapers, periodicals and radio
and television stations;

(2) Sound recordings refers to the original recordation of any sounds;

(3) Video recordings refers to the original recordation of a series of related images, with or without
accompanying sounds, other than cinematographic and television and videographic works;

(4) Radio and television broadcasts refer to the programme communicated by radio or television station by means
of diffusing signals carrying sound or images or both;

(5) Producer of sound recordings refers to a person who makes sound recordings;

(6) Producer of video recordings refers to a person who makes video recordings;

(7) Performer refers to persons who perform literary and artistic works professionally or not professionally.

CHAPTER II COPYRIGHT ADMINISTRATIVE AUTHORITIES

Article 7. The national Copyright Administration, being an administrative department for copyright matters under the State
Council, is responsible for the nation-wide work of administration of copyright by mainly carrying out the
following functions:

(1) To implement copyright-related laws and regulations and to promulgate rules in relation to copyright administration;

(2) To investigate and redress cases of infringement of copyright that are of nation-wide influence;

(3) To approve the formation of and to supervise the operation of collective administration of copyright,
copyright agent business dealing with cross-border transactions and arbitrations scheme for disputes raised
in relation to copyright contracts;

(4) To undertake administration as far as external copyright relation is concerned;

(5) To administer copyright of which the State is the owner;

(6) To provide guidance for local copyright authorities with their performance of administrative functions;

(7) To carry out other duties assigned by the State Council in relation to copyright administration.

Article 8. The copyright department under the local governments are responsible for copyright administration within their
respective jurisdiction, whose duties shall be determined by the government of each of the provinces, autonomous regions
and municipalities directly under the central government.

CHAPTER III OWNERSHIP AND EXERCISE OF COPYRIGHT SECTION I OWNERSHIP OF COPYRIGHT

Article 9. Unless the Law provided otherwise, copyright shall belong to citizens who have created works and the legal and non-legal entities
who are deemed authors by virtue of the Law.

The conditions laid down by the General Principles of the Civil Law of the People’s Republic of China must be satisfied
to be a legal entity. Social institutions and economic organizations, by not being able to meet the conditions
to be legal entities, and the relatively independent departments forming a legal entity are non-legal entities for the purpose
of the Law.

Article 10. Persons who have glossed or sorted-out preexisting works shall enjoy the copyright in the works thus created, in so far as
they are not enpost_titled to copyright in the works they used and do not have the right to prohibit the glossing or sorting-out
done by other person in relation to the same pre-existing work.

Article 11. Where joint authors failed to reach an agreement on the exercise of copyright in a work of joint authorship which can not
be used piecemeal, any party may not unreasonably prohibit the exercise by others of the said copyright.

Article 12. In the case of works of compilation, being in the form of encyclopedias, dictionaries, text books or photo books of large
size, as the case may be, copyright in the work as a whole shall belong to legal entities or non-legal entities
who have arranged manpower or provided financial aid and material means for their creation and bear the responsibility
in relation to the said work.

Article 13. Permission to make necessary alteration shall be implied where the copyright owner has authorized the making cinematographic,
television or videographic work based on his or her work, in so far as such alteration does not distort or mutilate the
original work.

Article 14. Where copyright in a work created within the fulfillment of duties belongs to the author, the author may ask his
institution to permit a third party to use the work in the same manner as the institution might have done. if the institution
does not use the work in the course of its business within 2 years after the creation of the work.

Within 2 years after the creation of the work, the author may, with the permission of the institution, permit a third
party to use the work in the manner as the institution may have done. Remunerations thus obtained shall be divided
between them according to agreed proportion.

Even after the expiry of the said 2 years, the institution may continue with use of the work in the course of its business.

The aforementioned 2 years period after the creation of the work shall be calculated from the date on which the work
concerned is submitted to the institution.

Article 15. Material and technical conditions mentioned in paragraph 2 of Article 16 (1) of the Law shall mean fund, equipments
or materials provided expressly for the creation of a work.

Article 16. In the case of a work of unknown author, the copyright, except the right of indication of authorship, shall be exercised
by the lawful holder of the original copy of the work. With the restoration of authorship, the copyright shall be exercised
by the author or his heir in post_title.

Article 17. Article 18 of the Law, which says that transfer of ownership of the original copy of a work of fine art shall not
be deemed as transfer of copyright in the work, is applicable to all works the ownership of original copy of which can be transferred.

SECTION II INHERITANCE OF COPYRIGHT

Article 18. Inheritance of economic rights contained in copyright shall be executed in accordance with the Law of Inheritance.

Article 19. In the case where one of the co-authors of a work of joint authorship dies without having heir in post_title or other beneficiary,
the economic rights he enjoyed in relation to his contribution to the work shall be exercised by the other co-authors.

Article 20. Right of indication of authorship, right of revision and right of integrity contained in copyright shall,
after the death of the author, be protected by the heir in post_title and other person to whom the economic rights are granted.

In the absence of heir in post_title or other beneficiary, right of indication of authorship, right of
revision and right of integrity contained in copyright shall be protected by the copyright administrative
authority.

Article 21. Copyright enjoyed by the State shall be enforced by the copyright administrative authority on behalf of the State.

Article 22. In the case of posthumous works, the right of disclosure may be exercised by the author’s heir in post_title or other beneficiary
for a period of 50 years, unless a prior statement by the author says expressly to the contrary. In the absence of heir
in post_title or other beneficiary, the said right shall be exercised by the lawful holder of the original copy of the work.

SECTION III COMING INTO EXISTENCE OF COPYRIGHT AND CALCULATION OF THE TERM OF PROTECTION

Article 23. Copyright protected under this Law shall emerge on the date when a work is created.

Article 24. In the case of a work of unknown author, the term of protection in relation to economic rights shall be 50 years
ending on December 31 of the fiftieth year after the first publication of the work. Article 21 of the Law
shall be applicable after authorship of the work becomes ascertained.

Article 25. In the case of works by foreign authors that have first published in China, the term of protection shall be calculated
from the date of first publication of the work.

The first publication in China mentioned in the paragraph 2 of Article 2 of the Law in relation to works of foreigners
refer to the situation where unpublished works of foreigners have been published for the first time in China by lawful
means.

Works of foreigners first published outside China shall be deemed first published in China if it is published in
China within 30 days after its first publication.

Unpublished works of foreigners shall also be deemed first published in China if their authorized adaptations
or translations are first published in China.

SECTION IV LIMITATIONS ON RIGHTS

Article 26. As used in the Law, a published work refers to a work which has been made known to the public by means stipulated in the
Law.

Article 27. The following conditions have to be satisfied for an act to be deemed appropriate quotation of published works by act to
be deemed appropriate quotation of published works by others mentioned in Article 22 (2) of the Law:

(1) The quotation is made solely for the purpose of introducing or reviewing the source works or making clear
a point;

(2) What has been quoted does not form a major or substantial part of the work of the quoter;

(3) The interests of the copyright owner of the work being quoted shall not be prejudiced.

Article 28. Article 22(3) of the Law refers to unavoidable inclusion of published works as is justified by the purpose of
reporting current events.

Article 29. Making use of published works of other persons by virtue of Article 22 (6) and (7) shall not harm the normal exploitation
of the works concerned and shall not unreasonably prejudice the legitimate interests of the copyright owners.

Article 30. In the case of performance of published works as is permitted by Article 22 (9) of the Law, no fees shall be charged on
viewing or hearing audience and no remuneration shall be paid to the performers.

Article 31. Article 22 (11) of the Law shall be applicable only to works originally created in Chinese.

CHAPTER IV COPYRIGHT LICENCING CONTRACTS

Article 32. It is a requirement that contracts with copyright owners and licence obtained for using their works be made in writing, except
the cases where works are to be published by newspaper and periodicals.

Article 33. In default of a clear indication in a contract in relation to the grant of exclusive right to use, only non-exclusive right
to use by the licensee shall be implied, unless the Law stipulated otherwise.

Article 34. The provision of standard forms of various copyright licencing contracts shall be the responsibility of the National
Copyright Administration.

Article 35. The person who has obtained exclusive right in relation to the use in a certain way of a work shall have the right
to prevent any other person including the copyright owner as licensor from using the work in the same way. However,
the sublicencing of the same right to a third party shall be subject to permission by the copyright owner, unless the
contracting parties agreed otherwise.

CHAPTER V EXERCISE OF AND LIMITATIONS ON RIGHTS RELATED TO COPYRIGHT

Article 36. As is used in the Law and the Regulation, rights related to copyright mean the right enjoyed by publishers in their publications,
the right enjoying by performers in their performances, the right enjoyed by producers of audio and video recordings in their
products and the right enjoyed by radio and television stations in their broadcasts.

Article 37. Publishers, performers, producers of audio and video recordings and radio and television stations, in the course of exercising
their rights, shall not prejudice copyrights their owners enjoyed in the works being used.

Article 38. Publishers shall enjoy exclusive right of exploitation in typographical design of the books, newspapers and periodicals
they have published.

Article 39. By virtue of Article 30 of the Law, legal protection shall be available for the exclusive right a publisher obtained to
publish, within the term of validity of and the territory of execution defined by the contract, a work in its original
language and in the form of original edition, revised version or condensed version.

Article 40. In the case where manuscripts was submitted to a publisher on the author’s own initiative, the publisher shall, within
6 months, notify the author whether he will publish the work or not. In the case of acceptance, a contract shall be made;
in the case of refusal, notification shall be sent to the author in a timely manner. In the case where no notification
is served and no contract is made, the author may, upon expiry of the said 6 months, demand that the manuscripts be returned
and economic compensation be made. The said 6 months shall be calculated from the date of receipt by the publisher of the
manuscripts.

Article 41. Articles 29, 30, 31 and 33 of the Law shall not be applicable to the case where the cost of publication of a work
is born by the author.

Article 42. The state of being out of print in relation to a work mentioned in Article 31 of the Law shall be established if a period
of 6 months after two subscription forms were mailed by the author to the publisher expires without action being
taken to satisfy the subscription.

Article 43. To object to the reprinting of his or her work in whole or in part by virtue of paragraph 2 of Article 32 of the Law, the
copyright owner is required to make a statement to that effect at the same time when the work is first published in a newspaper
or a periodical.

Article 44. No time limit shall be set on the term of protection in relation to the rights provided for in Article 36
(1) and (2) of the Law.

In the case of the term of protection in relation to the right of remuneration the performers enjoyed by virtue
of paragraph 2 of Article 39 and paragraph 3 of Article 42 of the Law, paragraph 1 of Article 39 and paragraph 2 of Article
42 of the Law shall apply.

Article 45. With reference to Article 35 of the Law, payment of remuneration by performers to copyright owner shall be done
through the person who has organized the performance in question.

Article 46. Performance by foreign performers taking place in China shall be protected by the Law.

Article 47. Audio and video recordings produced and distributed in China by foreign producers shall be protected by the Law.

Article 48. To object to the performance, recording or making broadcasts of his or her work by virtue of paragraph 2 of Article 35,
paragraph 1 of Article 37 and paragraph 2 of Article 40 of he Law, the copyright owner is required to make a
statement to that effect at the same time when his or her work is published, or have the statement carried in
copyright bulletin issued by the National Copyright Administration.

Article 49. To use published works of other persons by virtue of paragraph 2 of Article 32, paragraph 2 of Article 35, paragraph
1 of Article 37 and paragraph 2 of Article 40 of the Law, the user is required to pay remuneration to the copyright owner.
In the case where the copyright owner is not identifiable or the address of the copyright owner is not available,
the remuneration payable shall be remitted to the body designated by the National Copyright Administration for further
transfer to the due copyright owner within 1 month.

CHAPTER VI ADMINISTRATIVE SANCTIONS

Article 50. Infringements against copyright enumerated in Article 46 of the Law shall be liable to the administrative sanctions to
be imposed by copyright administrative authority in the form of public warning, injunction in relation to the
production and distribution of infringing copies, confiscation of unlawful gains and seizure of infringing copies and equipments
used for making infringing copies, as well as fine.

Article 51. The amount of the fine to be imposed for infringements against copyright enumerated in Article 46 of the Law
shall be the following, depending on situation of each of the cases:

(1) Infringing act given by Article 46 (1) of the Law shall be liable to a fine of from 100 to 5 000 yuan in RMB;

(2) Infringing acts given by Article 46 (2), (3), (4), (5), and (6) of the Law shall be liable to a fine of 10 000
to 100 000 yuan in RMB, or an amount of 2 to 5 times as much as the entire price of the infringing copies;

(3) Infringing act given by Article 46 (7) of the Law shall be liable to a fine of from 1 000 to 50 000 yuan in RMB

Article 52. Copyright administrative authorities under the local governments shall be empowered to redress the infringements
against copyright enumerated in Article 46 of the Law.

The National Copyright Administration shall investigate and redress the following infringements against copyright:

(1) Infringements against copyright that are of nationwide influence;

(2) Infringements against copyright where a foreign party is involved;

(3) Infringements against copyright that should be redressed by the National Copyright Administration, as the Administration
might think.

Article 53. In exercising its right of imposing administrative sanctions, copyright administrative authority may order the
infringer to compensate the loss the infringed party suffered.

CHAPTER VII SUPPLEMENTARY PROVISIONS

Article 54. Copyright owners may exercise their copyrights by way of collective administration.

Article 55. The interpretation of this Regulation shall be the responsibility of the National Copyright Administration.

Article 56. This Implementing Regulation shall enter in force on June 1, 1991.

MEASURES OF THE TIANJIN HARBOUR FREE TRADE ZONE FOR ADMINISTRATION OF PLANNING AND CONSTRUCTION

Measures of the Tianjin Harbour Free Trade Zone for Administration of Planning and Construction

(Effective Date:1991.09.16–Ineffective Date:)

Article 1 With a view to guaranteeing the implementation of the overall regional plan for the Tianjin Harbour Free Trade Zone (hereinafter
referred to as the Free Trade Zone), the measures are hereby formulated in accordance with “The Law of the People’s Republic of China
on Urban Planning” and other relevant laws and regulations.

Article 2 The land use and and various kinds of structures in the Free Trade Zone shall meet the requirement of the “General Plan of Tianjin,”
the “General Lay-Out of the Tianjin Harbour” and the “General Zoning Plan of the Tianjin Harbour Free Trade Zone”.

Article 3 The planning and administrative departments in the Free Trade Zone are responsible for the administration of planning and construction
within the Free Trade Zone and accept the business guidance by the Municipal Planning Bureau.

Article 4 The Free Trade Zone Administrative Committee (hereinafter referred to as the “Administrative Committee”) is responsible for formulating
the overall regional plan of the Free Trade Zone. After the examination and verification by the Municipal Planning Bureau, it can
be organized for implementation with the approval of the Municipal People’s Government.

Article 5 Applicants for land needed for construction in the Free Trade Zone shall hold the approved document on the construction project and
make an application to the Administrative Committee for the fixed spot. The Planning and Administrative Departments in the Free Trade
Zone, together with the Land and Environmental Protection Departments in the Free Trade Zone, shall verify the location and demarcation
line of the land and issue the license of construction land and go through the procedures for the use of land at the Land Administrative
Department in the Free Trade Zone.

Article 6 Those who want to construct, expand and rebuild various kinds of buildings and structures, roads, pipelines and other engineering
facilities in the Free Trade Zone may apply to the Administrative Committee with the relevant approved documents. With the examination
and verification of the land use right and with the stamp or signature by the Land Administrative Department in the Free Trade Zone,
together with the Planning Administrative Department in the Free Trade Zone, the Planning and Administrative Departments shall verify
and issue the license of construction project planning. After obtaining construction project planning license, the construction unit
may apply for performing the procedures for construction.

Article 7 The Administrative Department is responsible for the examination and approval of the construction of engineering pipelines in the
Free Trade Zone. Those pipelines that run beyond the Free Trade Zone shall be handled in accordance with the relevant stipulations.

Article 8 Those who want to use land temporarily and build temporary structures in the Free Trade Zone shall go through the relevant procedures
at the Planning and Administrative Department in the Free Trade Zone. It is strictly forbidden to build permanent buildings, structures
and other facilities within the land limit for temporary use. Land for temporary use and temporary buildings shall be handed over
and removed within the approved period and the site shall be put in order in accordance with the requirement of the Planning and
Administrative Department in the Free Trade Zone. Land for temporary use and temporary buildings is not permitted to be subleased
and changed, nor can the nature of its use be changed.

Article 9 The Planning and Administrative Departments in the Free Trade Zone are in charge of supervising and dealing with unlawful construction.

Article 10 The Tianjin Municipal People’s Government is responsible for the interpretation of these measures.

Article 11 These measures shall come into force as of the date of promulgation.

NATIONALITY LAW

Nationality Law of the People’s Republic of China

Important Notice: This English document is coming from “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING
FOREIGN-RELATED MATTERS” (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People’s
Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese
shall prevail.

Whole Document NATIONALITY LAW OF THE PEOPLE’S REPUBLIC OF CHINA(Adopted at the Third Session of the Fifth National
People’sCongress, promulgated by Order No. 8 of the Chairman of the StandingCommittee of the National People’s Congress
on and effective as ofSeptember 10, 1980)Article 1This Law is applicable to the acquisition, loss and restoration ofnationality
of the People’s Republic of China.Article 2The People’s Republic of China is a unitary multinational state; personsbelonging to
any of the nationalities in China shall have Chinesenationality.Article 3The People’s Republic of China does not recognize
dual nationality for anyChinese national.Article 4Any person born in China whose parents are both Chinese nationals or oneof whose
parents is a Chinese national shall have Chinese nationality.Article 5Any person born abroad whose parents are both Chinese nationals
or one ofwhose parents is a Chinese national shall have Chinese nationality. But aperson whose parents are both Chinese nationals
and have both settledabroad, or one of whose parents is a Chinese national and has settledabroad, and who has acquired foreign
nationality at birth shall not haveChinese nationality.Article 6Any person born in China whose parents are stateless or of
uncertainnationality and have settled in China shall have Chinese nationality.Article 7Foreign nationals or stateless persons who
are willing to abide by China’sConstitution and laws and who meet one of the following conditions may benaturalized upon approval
of their applications:(1) they are near relatives of Chinese nationals;(2) they have settled in China; or(3) they have other legitimate
reasons.Article 8Any person who applies for naturalization as a Chinese national shallacquire Chinese nationality upon approval
of his application; a personwhose application for naturalization as a Chinese national has beenapproved shall not retain
foreign nationality.Article 9Any Chinese national who has settled abroad and who has been naturalizedas a foreign national or has
acquired foreign nationality of his own freewill shall automatically lose Chinese nationality.Article 10Chinese nationals who meet
one of the following conditions may renounceChinese nationality upon approval of their applications:(1) they are near relatives
of foreign nationals;(2) they have settled abroad; or(3) they have other legitimate reasons.Article 11Any person who applies for
renunciation of Chinese nationality shall loseChinese nationality upon approval of his application.Article 12State functionaries
and military personnel on active service shall notrenounce Chinese nationality.Article 13Foreign nationals who once held
Chinese nationality may apply forrestoration of Chinese nationality if they have legitimate reasons; thosewhose applications
for restoration of Chinese nationality have beenapproved shall not retain foreign nationality.Article 14Persons who wish to
acquire, renounce or restore Chinese nationality, withthe exception of the cases provided for in Article 9, shall go through theformalities
of application. Applications of persons under the age of 18may be filed on their behalf by their parents or other
legalrepresentatives.Article 15Nationality applications at home shall be handled by the public securitybureaus of the municipalities
or counties where the applicants reside;nationality applications abroad shall be handled by China’s diplomaticrepresentative
agencies and consular offices.Article 16Applications for naturalization as Chinese nationals and for renunciationor restoration
of Chinese nationality are subject to examination andapproval by the Ministry of Public Security of the People’s Republic
ofChina. The Ministry of Public Security shall issue a certificate to anyperson whose application has been approved.Article 17The
nationality status of persons who have acquired or lost Chinesenationality before the promulgation of this Law shall remain
valid.Article 18This Law shall come into force on the day of its promulgation.

REGULATIONS ON REPORTING AND HANDLING FATAL ACCIDENTS OF WORKERS AND EMPLOYEES IN ENTERPRISES

Regulations on Reporting and Handling Fatal Accidents of Workers and Employees in Enterprises

(Effective Date:1991.03.01–Ineffective Date:)

CHAPTER I GENERAL PRINCIPLES CHAPTER II REPORTING OF ACCIDENTS CHAPTER III INVESTIGATION OF ACCIDENTS CHAPTER IV HANDLING OF ACCIDENTS
CHAPTER V SUPPLEMENTARY PROVISIONS

Article 1 The present regulations are drawn up to ensure the timely reporting, tabulating, investigating and handling fatal accidents involving
workers and employees, taking active measures of prevention, and forestalling such accidents.

Article 2 The present regulations are applicable to all enterprises within the territory of the People’s Republic of China.

Article 3 The fatal accidents referred to in the present regulations are those causing personal harms and acute intoxication of workers and
employees in the course of work.

Article 4 The work of reporting, tabulating, investigating and handling fatal accidents must be based on the principle of relying on facts
and being scientific.

CHAPTER II REPORTING OF ACCIDENTS

Article 5 When a fatal accident happened, the injured or whoever at the site of accident should immediately report directly or via their superiors
to the top executives of the enterprise.

Article 6 On receiving the report of an accident causing serious injuries, deaths, or major casualties, the top executives of the enterprise
should immediately report to the department in charge of the enterprise and the local labour department, the department of public
security, people’s procuratorate and the trade unions.

Article 7 On receiving the report of a fatal or major fatal accident, the department in charge of the enterprise and the labour department
should immediately report to their superior authorities up to the departments in charge and the labour departments in the province,
autonomous region and municipality directly under the Central Government. Major fatal accidents should be reported to the departments
in charge and the labour departments in the State Council.

Article 8 The enterprise where a fatal or major fatal accident happened should protect the site of the accident and take quick and necessary
measures to save the lives of personnel and property, and prevent the spreading of the accident.

CHAPTER III INVESTIGATION OF ACCIDENTS

Article 9 In case of an accident causing light or serious injuries, the top executives of an enterprise or their appointees should organize
an accident investigation team with the participation of personnel from the production, technical and safety sectors as well as trade
union representatives to make investigation.

Article 10 In case of a fatal accident, the departments in charge of the enterprise should form an accident investigation team together with
the local municipal (or its equivalent) labour department, department of public security, and trade unions to make investigation.

In case of a major fatal accident, the departments in charge of the enterprise at the provincial, autonomous regional and municipal
(municipalities under the Central Government) levels or the departments in charge in the State Council should form an accident investigation
team together with the labour department, department of public security, the procuratorate and trade union at the same level to make
investigation.

The accident investigation teams formed in accordance with the provisions of the two preceding paragraphs of the present Article should
invite the participation of the people’s procuratorate; they may also invite the participation of other departments and specialists.

Article 11 Members of the accident investigation team should satisfy the following conditions:

(1) Specialized in any one aspect required in the investigation of an accident;

(2) Being not a party of direct interest to the accident.

Article 12 Duties of the accident investigation team:

(1) Find out clearly the causes, occurrence, casualties and economic losses due to the accident;

(2) Determine the person(s) responsible for the accident;

(3) Put forward its opinions on the handling of the accident and proposals on the preventive measures to be taken;

(4) Write out the report on the investigation of the accident.

Article 13 The accident investigation team has the right to ask for relevant information and data from the enterprise concerned and from related
units and personnel, and none of them should refuse its request.

Article 14 After clarifying the circumstances of the accident, if the accident investigation team could not arrive at a unanimous view on the
analysis of the accident and the measures to deal with those responsible, the labour department has the right to put forward its
conclusions. After this, if opinions still differ, the team should report the case to a superior labour department to deal with the
case together with other departments concerned. Following this, if opinions yet differ, the case should be submitted to the people’s
government at the same level for arbitration. However, all this should not exceed the time limit imposed on handling the accident.

Article 15 No unit or person is allowed to impede or interfere in the normal work of the accident investigation team.

Article 16 The opinions of the accident investigation team for handling the accident and its proposals for preventive measures should be carried
out by the enterprise where the accident occurred and the department in charge of the enterprise.

Article 17 In case of a fatal accident caused by a neglect of safety in production, giving directions in contravention to established rules
and regulations, working against rules, failure to observe duties or not taking effective measures in face of hidden hazards or dangers,
the department in charge of the enterprise or the enterprise itself in accordance with relevant provisions of the State should mete
out administrative punishment to top executives of the enterprise or the persons directly responsible. In case of a crime, the judicial
organs should investigate and affix the penal responsibilities in accordance with the law.

Article 18 If in contravention to the present regulations an enterprise fail to report the occurrence of a fatal accident, or give false information,
intentionally delay reporting, intentionally destroy the site of accident, or refuse to accept investigation and refuse to provide
relevant information and data without proper reasons, the departments concerned should mete out administrative punishment toward
the executives of the unit in question and those directly responsible. In case of a crime, the judicial organs should make investigations
and affix the penal responsibilities in accordance with the law.

Article 19 In the course of investigating and handling a fatal accident, if there were cases of derogation of duties, practice of favouritism
or taking retaliatory measures, the relevant units should mete out administrative punishment toward those responsible according to
State provisions. In case of a crime, the judicial organs should make investigations and affix the penal responsibilities in accordance
with the law.

Article 20 The work of handling a fatal accident should conclude within 90 days. In special cases, it should not exceed 180 days. After winding
up a case of a fatal accident, the results should be publicly announced.

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 21 The method of tabulation and the forms of tables of fatal accidents shall be prepared by the labour departments under the State Council
together with the statistical departments under the State Council in accordance with relevant stipulations.

The method of determining economic losses due to a fatal accident and the method of classification of accidents shall be prepared
by the labour departments and other relevant departments under the State Council. The existing laws and administrative regulations
otherwise drawn up for the investigation and handling of fatal accidents should be observed as they are.

Article 22 The labour departments shall be responsible for the supervision and control of enterprises implementing the present regulations.

Article 23 In case of extraordinarily major accidents, it should be handled in accordance with relevant State provisions.

Article 24 Fatal accidents in government organs, institutions and people’s organizations should be handled with reference to the present regulations.

Article 25 The right of interpretation of the present regulations rests with the labour departments of the State Council.

Article 26 The present regulations come into effect as from May 1, 1991. At the same time, the ” Code of Reporting Fatal Accidents of Workers
and Employees” issued by the State Council in 1956 becomes null

REGULATIONS FOR THE ADMINISTRATION OF PRODUCT QUALITY CERTIFICATION

Category	TECHNOLOGICAL CONTROL	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1991-05-07	Effective Date	1991-05-07

Regulations of the People’s Republic of China for the Administration of Product Quality Certification

Chapter I  General Provisions
Chapter II  Organization and Management
Chapter III  Qualifications and Procedures
Chapter IV  Testing Bodies and Inspectors
Chapter V  Penalty Provisions
Chapter VI  Supplementary Provisions

(Promulgated by Decree No. 83 of the State Council of the People’s

Republic of China on May 7, 1991, and effective as of the date of
promulgation)
Chapter I  General Provisions

Article 1 These Regulations are formulated in order to ensure quality of
products, improve the credibility of products, safeguard the interests of the
users and consumers, facilitate international trade, and promote
international cooperation in quality certification.

Article 2 Product quality certification (hereinafter referred to as
certification) is an activity of a certification body, on the basis of
product standards and the relevant technical requirements and through its
confirmation and issuance of a certificate and certification mark, to certify
a product as in conformity with the relevant standards and technical
requirements.

Article 3 When a product has its national or sector standards to refer
to, an enterprise may apply for its certification to the sector certification
committee set up either by the competent department of the standardization
administration under the State Council or by other departments authorized by
the competent department.

Products subject to the provisions of the State laws, administrative
regulations, or rules formulated by the competent department of the
standardization administration under the State Council together with the
relevant administrative departments under the State Council that without
being certified they may not be marketed, imported or used, shall be treated
according to the State laws, administrative regulations or rules.

Article 4 Certification is classified as safety certification and
conformity certification.

Products under safety certification must conform to the requirements of
the relevant compulsory standards stipulated in the Standardization Law of
the People’s Republic of China (hereinafter referred to as the
Standardization Law).

Products under conformity certification must conform to the requirements
of the national or sector standards provided for by the Standardization Law.

Article 5 The certified products shall, except for inspections subject
to the State laws and administrative regulations, be exempt from any other
inspection and enjoy such Stateprescribed preferential treatments as higher
price for higher quality or priority in recommendation for national excellent
quality appraisal.

Article 6 The competent department of the standardization administration
under the State Council shall be in charge of the unified administration of
certification throughout the country. Sector certification committees set up
either directly by the competent department of the standardization
administration under the State Council or by other administrative departments
under the State Council with authorization of the competent department shall
be responsible for the actual operations of the certification work.
Chapter II Organization and Management

Article 7 The functions of the competent department of the
standardization administration under the State Council in the management of
the certification work are as follows:

(1) formulating principles, policies, plans and programmes for
certification;

(2) unifying or approving patterns of certification marks;

(3) examining and approving the compositions and articles of association
of the certification committee;

(4) examining and approving the certification testing bodies;

(5) registering and administering certification inspectors;

(6) examining and approving and issuing catalogues of products to be
covered by certification;

(7) publishing directories of certified products and their producers;

(8) being responsible for conducting international activities in
certification;

(9) coordinating and settling major issues in certification work; and

(10) supervising the operation of certification work.

Article 8 A certification committee shall be composed of experts from
the relevant departments of production, marketing, utilization, scientific
research and quality supervision of products and its tasks are as follows:

(1) proposing draft catalogues of products to be covered by certification;

(2) formulating specific measures for the operation of certification;

(3) ratifying national or sector standards for the certification purpose;

(4) recommending testing bodies which shall undertake certification tasks;

(5) accepting and handling applications for certification;

(6) organizing the quality system audit of an enterprise applying for
certification;

(7) approving certification, issuing certificates and filing it with the
competent department of the standardization administration under the State
Council;

(8) settling the disputes involved in certification;

(9) being responsible for supervisions and inspections of certified
products and their producers; and

(10) revoking certificates according to law.

Article 9 The competent departments of the standardization
administration of the local people’s governments at or above the county level
shall exercise supervisions and inspections over certified products within
their administrative areas and their tasks are as follows:

(1) investigating and dealing with products which do not conform to the
standards applied to when being certified, or products bearing counterfeit
certification marks;

(2) cooperating with the certification committees in supervising the
quality of certified products; and

(3) investigating and dealing with any other act concerning certification
which is against the laws, administrative regulations or rules formulated by
the competent department of the standardization administration under the
State Council together with the relevant administrative departments under the
State Council.
Chapter III Qualifications and Procedures

Article 10 Any Chinese or foreign enterprise may apply for certification.
An applying enterprise shall have the following qualifications:

(1) its product meets the requirements of national or sector standards;

(2) its product can be produced in normal serial production with stable
quality; and

(3) the quality system of the producing enterprise conforms to the
national standards for quality control and quality assurance and to the
supplementary requirements thereof.

Article 11 An enterprise shall apply for certification in accordance
with the following procedures:

(1) A Chinese enterprise shall submit its written application to the
certification committee. A foreign enterprise or its sale agent shall submit
its written application to the competent department of the standardization
administration under the State Council or to the certification committee
designated by the competent department;

(2) The certification committee shall inform the testing bodies to
conduct testing of the product;

(3) The certification committee shall conduct quality system audit of the
producing enterprise applying for certification; and

(4) The certification committee shall issue a certificate and give
permission for the use of a certification mark to the product which is
qualified for certification.

Product testing and quality system audit of a foreign enterprise may be
carried out by foreign certification bodies on commission of certification
committees designated by the competent department of the standardization
administration under the State Council according to bilateral or
multilateral agreements.

Article 12 Enterprises which have obtained the certificates are subject
to supervisions and inspections by the certification committees over their
products and quality systems.

Supervisions and inspections over the products and quality systems of the
foreign enterprises which have obtained the certificates may be carried out
by foreign certification bodies on commission according to bilateral or
multilateral agreements.

Article 13 When the standard applied to a certified product or the
quality system of an enterprise has changed to such an extent that the
product is no longer up to the qualifications it had when it was certified,
the enterprise shall cease using the certification mark.
Chapter IV Testing Bodies and Inspectors

Article 14 Testing bodies shall be examined and accredited by the
competent department of the standardization administration under the State
Council before they engage in certification testing.

Article 15 Certification inspectors shall be trained and assessed, and
registered by the competent department of the standardization administration
under the State Council before they carry out inspections over enterprises
applying for certification (including enterprises which have received
certificates).

Article 16 Testing bodies and inspectors undertaking certification tasks
shall perform their functions and obligations set by the competent department
of the standardization administration under the State Council and relevant
certification committees and be subject to their supervision and check-up.

Article 17 Testing bodies and inspectors undertaking certification tasks
shall be accountable for the test reports and inspection reports they
present, keep technical secrets of the certified products, and may not
illegally possess the scientific and technological achievements of others.
Chapter V Penalty Provisions

Article 18 Any act concerning certification which violates laws,
administrative regulations or rules jointly formulated by the competent
department of the standardization administration under the State Council and
the relevant administrative departments under the State Council shall be
subject to penalty in accordance with the provisions of laws, administrative
regulations or rules.

Article 19 Should a certified product being delivered and marketed with
the certification mark fails to meet the standards applied to when being
certified, the competent department of the standardization administration
shall order cessation of its sales and impose a fine not exceeding twice
times the amount of the illegal gains.

Should a product either uncertified or failing to pass the certification
be delivered and marketed with a certification mark, the competent department
of the standardization administration shall order cessation of its sales and
impose a fine not exceeding three times the amount of the illegal gains, and
a fine not exceeding 5,000 yuan (RMB) may be imposed on the person in charge
of the law-breaking unit.

A fine not exceeding three times the amount of the illegal gains shall be
imposed by the competent department of the standardization administration for
transfer of the certification mark, and a fine not exceeding 5,000 yuan (RMB)
may be imposed on the person in charge of the lawbreaking unit.

Article 20 In either of the following cases, the certificate shall be
revoked by the certification committee which conferred it:

(1) The quality of the certified product has deteriorated seriously, or
the quality system of the producing enterprise is no longer up to the
qualifications it had when being certified, which has caused losses and
damages to users or consumers.

(2) The supervision and inspection conclude that the certified product
does not conform to the standards, for which the producing enterprise is
responsible.

Article 21 Should a certified product fails to meet the certification
requirements but has been delivered and marketed, the producing enterprise
shall guarantee its repair, exchange and refund. The producing enterprise
shall be liable for compensation according to law when the product has caused
losses and damages to users or consumers.

Article 22 Anyone engaged in the certification management, testing and
inspection who transgresses law, neglects his duties or practises favouritism
and irregularities shall be subject to administrative sanctions by his
employing unit. When a crime is constituted, the offender’s criminal
responsibilities shall be investigated by judicial authorities according to
law.

Article 23 If a party disagrees with a pecuniary penalty, an application
for reconsideration of the case may be lodged within 15 days on receipt of
the notification of the penalty with the administrative authorities at the
next higher level of the authorities which made the penalty decision. If a
party still disagrees with the decision of reconsideration, a suit may be
brought to the people’s court within 15 days on receipt of the decision of
reconsideration. A party may also bring a suit to the people’s court directly
within 15 days on receipt of the notification of the penalty. The authorities
which made the penalty decision shall apply to the people’s court for
compulsory enforcement of the decision, in case a party fails both to apply
for reconsideration or initiate legal proceedings with a people’s court and
to comply with the penalty decision within the specified period.
Chapter VI Supplementary Provisions

Article 24 Certification fees shall be charged and collected from
enterprises applying for certification according to the non-profit-making
principle. The specific measures for charging shall be laid down separately
by the competent department of the standardization administration under the
State Council together with the pricing authorities of the State Council.

Article 25 Commodity inspection bodies may carry out quality
certification work on import and export commodities according to agreements
signed between the national commodity inspection department and the relevant
foreign bodies or on commission of the relevant foreign bodies.

Article 26 These Regulations do not apply to military products.

Article 27 The competent department of the standardization
administration under the State Council shall be responsible for the
interpretation of these Regulations.

Article 28 These Regulations shall come into force as of the date of
promulgation.

PROTECTION OF DISABLED PERSONS LAW

Law of the People’s Republic of China on the Protection of Disabled Persons



	(Adopted at the 17th Meeting of the Standing Committee of the Seventh National People’s Congress on December 28, 1990 and promulgated by Order No.36 of the President of the People’s Republic of China on December 28, 1990) Contents Chapter I General Provisions Chapter II Rehabilitation Chapter III Education Chapter IV Employment Chapter V Cultural Life Chapter VI Welfare Chapter VII Environment Chapter VIII Legal Liabilities Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution for the purposes of protecting the lawful rights and interests of, and developing undertakings for, disabled persons, and ensuring their equal and full participation in social life and their share of the material and cultural wealth of the society. Article 2 A disabled person refers to one who suffers from abnormalities or loss of a certain organ or function, psychologically or physiologically, or in anatomical structure and who has lost wholly or in part the ability to engage in activities in a normal way. “Disabled persons” refers to those with visual, hearing, speech or physical disabilities, mental retardation, mental disorder, multiple disabilities and/or other disabilities. The criteria for classification of disabilities shall be established by the State Council. Article 3 Disabled persons shall enjoy equal rights with other citizens in political, economic. cultural and social fields, in family life and other aspects. The citizen’s rights and personal dignity of disabled persons shall be protected by law. Discrimination against, insult of and infringement upon disabled persons shall be prohibited. Article 4 The State shall provide disabled persons with special assistance by adopting supplementary methods and supportive measures with a view to alleviating or eliminating the effects of their disabilities and external barriers and ensuring the realization of their rights. Article 5 The State and society shall provide special assurance, treatment and pension to wounded or disabled servicemen and persons disabled while on duty or for protecting the interests of the State and people. Article 6 The people’s governments at all levels shall incorporate undertakings for disabled persons into plans for economic and social development through budget arrangement, overall planning and coordination and other measures under strengthened leadership with a view to ensuring that undertakings for disabled persons develop in coordination with economic and social progress. The State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall adopt organizational measures to coordinate departments concerned in the work for the disabled. The establishment of specific institutions shall be decided upon by the State Council and/or the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government. Departments concerned under the people’s governments at various levels shall keep in close contact with disabled persons, solicit their opinions and fulfil their respective duties in the work for disabled persons. Article 7 The whole society should display socialist humanitarianism, understand, respect, care for and assist people with disabilities and support the work for disabled persons. State organs, public organizations, enterprises, institutions and urban and rural organizations at grassroots level shall do their work for the disabled well, as is within their responsibility. State functionaries and other personnel engaged in the work for the disabled should work hard to fulfil their lofty duties in serving the disabled. Article 8 The China Disabled Persons’ Federation (CDPF) and its local branches shall represent the common interests of disabled persons, protect their lawful rights and interests, unite, educate and provide service to disabled persons. Disabled persons’ federations shall undertake tasks entrusted by the government, conduct work for disabled persons and mobilize social forces in developing undertakings for disabled persons. Article 9 Legal fosterers of disabled persons must fulfil their duties toward their charge. Guardians of disabled persons must fulfil their duties of guardianship and protect the lawful rights and interests of their charge. Family members and guardians of disabled persons should encourage and assist disabled persons to enhance their capability of self-reliance. Maltreatment and abandoning of disabled persons shall be prohibited. Article 10 Disabled persons must abide by laws, carry out their due obligations, observe public order and respect social morality. Disabled persons should display an optimistic and enterprising spirit, have a sense of self-respect, self-confidence, self-exertion and self-reliance, and make contributions to the socialist construction. Article 11 The State shall undertake, in a planned way, the work of disability prevention, strengthen leadership in this regard, publicize and popularize knowledge of eugenics and disability prevention, formulate laws and regulations dealing with disability-causing factors such as heredity, diseases, medical poisoning, accidents, calamity and environmental pollution and adopt measures to prevent the occurrence and aggravation of disabilities by organizing and mobilizing social forces. Article 12 Governments and departments concerned shall award those disabled persons who make notable achievements in socialist construction and those units or individuals who make remarkable contributions to safeguarding the lawful rights and interests of, promoting undertakings for, and providing service to, disabled persons. Chapter II Rehabilitation Article 13 The State and society shall adopt measures of rehabilitation to help disabled persons regain normal functions or compensate for lost functions, thus enhancing their ability to participate in social life. Article 14 The work of rehabilitation shall, proceeding from the actual conditions, combine modern rehabilitation techniques with traditional Chinese techniques, with rehabilitation institutions at the core and the community as the base and relying on the families of disabled persons for support. Emphasis shall be laid on rehabilitation projects which are practical, easy to realize and widely beneficial. Efforts shall also be made in the research, exploration and application of new rehabilitation technology so as to provide more effective rehabilitation service to disabled persons. Article 15 The governments and departments concerned should establish in a planned way medical rehabilitation departments (sections) in hospitals, set up appropriate special institutions of rehabilitation and carry out clinical practice and training, scientific research, personnel training and work of technical guidance in the field of rehabilitation. The people’s governments and departments concerned at various levels shall organize and guide urban and rural community service networks, medical prevention and health care networks, organizations and families of disabled persons and other social forces in carrying out community-based rehabilitation work. Departments of education, welfare enterprises and institutions and other service organizations for disabled persons shall create conditions for rehabilitation training activities. Disabled persons, with guidance from professional personnel and help from relevant staff, volunteers and family members, should actively take part in training programmes for functional recovery, and acquiring self-care ability and work skills. The State Council and departments concerned shall determine priority rehabilitation projects in different phases, formulate plans thereof and organize forces for their implementation. Article 16 Medical colleges and schools and other relevant educational institutes shall, in a planned way, offer courses and specialties on rehabilitation so as to train various kinds of special personnel for rehabilitation work. The State and society shall provide various forms of technical training for personnel engaged in rehabilitation work, popularize knowledge of rehabilitation among disabled persons, their family members, relevant staff and volunteers and teach them methods of rehabilitation. Article 17 Governmental departments concerned shall organize and support the research, production, supply and maintenance of rehabilitation appliances, equipment for self-service, special articles and other auxiliary facilities for disabled persons. Chapter III Education Article 18 The State shall guarantee the right of disabled persons to education. People’s governments at various levels shall make education of disabled persons a component of the State educational programme, strengthen leadership in this respect and include it in their overall planning. The State, society, schools and families shall provide compulsory education to disabled children and juveniles. The State shall exempt disabled students who accept compulsory education from tuition and reduce fees or exempt them from fees in the light of actual conditions. The State shall offer grants to aid students who are poor and disabled. Article 19 The education of disabled persons shall be carried out according to their physical and psychological features and needs and shall meet the following requirements: (1) Strengthen physical and psychological compensation and vocational and technical training while providing ideological and cultural education; (2) Adopt normal or special methods of education according to different categories of disability and varied abilities of response; and (3) The curricula, teaching materials and methods for special education and the age requirement for admission and schooling may be determined with appropriate flexibility. Article 20 The principle of combining popularization with upgrading of quality shall be implemented in education of disabled persons, with emphasis on the former. Priority shall be given to compulsory education and vocational and technical education while efforts shall be made to carry out preschool education and gradually develop education at and above the senior middle school level. Article 21 The State shall set up educational institutions for disabled persons and encourage social forces to run schools and donate funds for schools. Article 22 Ordinary educational institutions shall provide education to disabled persons who are able to respond to ordinary education. Ordinary primary schools and junior middle schools must admit disabled children or juveniles who are able to adapt themselves to life and study there; ordinary senior middle schools, secondary polytechnic schools, technical schools and institutions of higher learning must admit disabled students who meet the state admission requirements and shall not deny their admission for their disabilities; in case of such denial, the disabled student, his/her family members or guardian may appeal to the relevant authorities for disposition. The relevant authorities shall instruct the school concerned to accept the student. Ordinary institutions of preschool education shall admit disabled children who are able to adapt themselves to the life there. Article 23 Preschool education institutions for the disabled, classes for disabled children attached to ordinary preschool education institutions, preschool classes of special education schools, welfare institutions for disabled children and families of disabled children shall be responsible for preschool education of disabled children. Special schools at or below junior middle school level and special classes attached to ordinary schools shall be responsible for the implementation of compulsory education for disabled children and juveniles who are not able to respond to ordinary education. Special schools and special classes attached to ordinary schools at or above senior middle school level as well as institutions of vocational and technical education for disabled persons shall be responsible for providing cultural education at or above senior middle school level and vocational and technical education for eligible disabled persons. Article 24 Governmental departments concerned, units where disable persons work and society shall carry out anti-illiteracy education, vocational training and other forms of adult education for disabled persons and encourage them to tap their talents through self-studies. Article 25 The State shall systematically set up various forms of normal schools and specialties for special education at different levels and special education classes (departments) attached to ordinary normal schools to educate and train teaching staff for special education. Ordinary normal schools shall offer courses or lectures on special education so that teachers in ordinary education may have some necessary knowledge of special education. Teachers of special education and sign language interpreters shall enjoy allowances for special education. Article 26 Governmental departments concerned shall organize and support the research and application of braille and sign language, the compilation, writing and publication of special education teaching materials and the research, production and supply of teaching apparatus and other auxiliary facilities for special education. Chapter IV Employment Article 27 The State shall guarantee disabled persons’ right to work. People’s governments at various levels shall formulate overall plans for employment of disabled persons and create conditions for their employment. Article 28 Employment of disabled persons shall follow the principle of combining collective arrangement with individual arrangement. Preferential policies and measures of support and protection shall be adopted with a view to gradually popularizing, stabilizing and rationalizing employment of disabled persons through multiple channels, at various levels and in a variety of forms. Article 29 The State and society shall set up welfare enterprises for disabled persons, workers sanatoria, massage therapy centres and other enterprises and institutions of welfare nature as a way of providing concentrated employment for disabled persons. Article 30 The State shall promote the employment of disabled persons by various units. People’s governments at all levels and departments concerned shall organize and provide guidance in this regard. State organs, public organizations, enterprises, institutions and urban and rural collective economic organizations shall employ a certain proportion of disabled persons in appropriate types of jobs and posts. The specific ratio may be determined by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government in line with their actual conditions. Article 31 Governmental departments concerned shall encourage and assist disabled persons to find employment through voluntary organization or to open individual business. Article 32 Local people’s governments at various levels and rural grassroots organizations shall organize and support disabled persons in rural areas to engage in crop planting, animal breeding, handicraft industry and other forms of production. Article 33 The State shall implement the policy of tax reduction or exemption in relation to welfare enterprises and institutions for disabled persons and self-employed disabled workers in urban and rural areas, and provide assistance in production, management, technology, funds, materials supply, working sites and other fields. Local people’s governments and departments concerned shall determine the types of products suitable for production by disabled persons, give priority to the production of such products by welfare enterprises for disabled persons and gradually determine which products are to be produced exclusively by such enterprises. Governmental departments concerned shall, in determining the quota for employing and engaging workers and staff members, allot a certain proportion of the quota to disabled persons. Departments concerned shall, in verifying and issuing business licenses, give priority to disabled persons who apply for licenses as self-employed workers or businessmen and give them preferential treatment in allotting work sites and loans and in other ways. Departments concerned shall provide assistance to disabled persons engaged in various kinds of labour in rural areas by way of production services, technical guidance, supply of materials for agricultural use, collection and purchase of farm and sideline products and loans. Article 34 The State shall protect the property ownership and the managerial decision-making power of welfare enterprises and institutions for disabled persons, whose lawful rights and interests shall not be violated. No discrimination shall be practised against disabled persons in employment, engagement, status regularization, promotion, determining technical or professional post_titles, payment for labour, welfare, labour insurance or in other aspects. No enterprises or institutions shall deny disabled graduates assigned by the State from institutions of higher learning, polytechnic schools or technical schools solely on the ground of their disabilities; in case of such denial, the disabled graduates may appeal to departments concerned for disposition and the relevant departments shall instruct the enterprises or institutions concerned to accept the said graduate students. Enterprises and institutions where disabled persons work shall provide the disabled workers with appropriate working conditions and labour protection. Article 35 Enterprises and institutions where disabled persons work shall provide in-service technical training to disabled employees with a view to upgrading their skills and techniques. Chapter V Cultural Life Article 36 The State and society shall encourage and assist disabled persons to participate in various cultural, sports and recreative activities and strive to meet the needs of the spiritual and cultural life of disabled persons. Article 37 Cultural, sports and recreative activities for disabled persons should be directed at grassroots levels, integrated in public cultural life and geared to the different characteristics and needs of different categories of disabled persons with a view to bringing about extensive participation. Article 38 The State and society shall adopt the following measures to enrich the spiritual and cultural life of disabled persons: (1) Reflect the life of disabled persons through radio, film, television, press and periodicals, books and other media in the interests of disabled persons. (2) Organize and support the compilation, writing and publication of braille books, audio materials for the blind and reading materials for the deaf and mentally retarded; offer TV programmes in sign language and put in subpost_titles or narrations in some movies and TV programmes. (3) Organize and support disabled persons for mass cultural, sports and recreative activities, and in staging special art performances, holding special sports meets and participating in major international sports games and exchanges; and (4) Provide facilities and accommodations for disabled persons at places of cultural, sports, recreative and other public activities and set up in a planned way activity centres for disabled persons. Article 39 The State and society shall encourage and assist disabled persons to engage in creative work beneficial to the people, such as in literature, art, education, science and technology. Chapter VI Welfare Article 40 The State and society shall adopt supportive, relief and other welfare measures to secure and improve the life of disabled persons. Article 41 The State and society shall provide relief and subsidies through various channels to disabled persons with real financial difficulties. The State and society shall foster and provide relief, in accordance with relevant regulations, to disabled persons without work capabilities, or legal fosterer, or financial resource. Article 42 Units where disabled persons work, urban and rural grassroots organizations and families of disabled persons should encourage and assist disabled persons to join social insurance. Article 43 People’s governments at various levels and the society shall establish welfare centres and other placement and foster institutions, settle and foster disabled persons in accordance with relevant regulations and gradually improve their living standards. Article 44 Agencies of public services shall provide preferential and auxiliary services to disabled persons. In taking public transport vehicles, disabled persons shall be given convenience and special consideration; they shall be permitted to carry on board their indispensable and auxiliary facilities free of charge. Blind persons may take local buses, trolleybuses, subways and ferries free of charge. Mailing and delivery of braille books shall be free of charge. People’s governments at county and township levels shall, in line with the actual conditions, reduce or exempt disabled persons in rural areas from obligatory labour, public utilities fees and other social obligations. People’s governments at various levels shall step by step increase their care and support for the disabled. Chapter VII Environment Article 45 The State and society shall step by step create a sound environment to improve the conditions for disabled persons to participate in social life. Article 46 The State and society shall gradually regularize the design of urban roads and buildings to the convenience of disabled persons and adopt barrier-free measures. Article 47 The State and society shall promote mutual understanding and exchanges between disabled persons and their fellow-citizens, publicize undertakings for disabled persons and deeds of assisting disabled persons, promulgate the unyielding spirit of disabled persons and foster a social environment of unity, fraternity and mutual assistance. Article 48 The third Sunday of May each year is the National Day of Assisting Disabled Persons. Chapter VIII Legal Liabilities Article 49 Where the lawful rights and interests of disabled persons are violated, the offended persons or their agents shall have the right to appeal to the competent authorities for disposition, or institute lawsuits at people’s courts in accordance with law. Article 50 Where government functionaries neglect their duties, in violation of law, and infringe upon the lawful rights and interests of disabled persons, the units to which they belong or their higher authorities shall instruct such persons to correct their wrong doings or subject them to administrative sanctions. Article 51 Whoever infringes upon the lawful rights and interests of a disabled person and causes property or other losses or damage shall compensate for the losses or damage according to law or bear other civil liabilities. Article 52 Whoever infringes upon the right of person or other lawful rights of disabled persons by taking advantage of their disabilities and constitutes a crime shall be given a heavier punishment in accordance with the relevant provisions of the Criminal Law. Whoever, by violence or other means, publicly insults disabled persons, shall, if the circumstances are serious, be investigated for criminal responsibility in accordance with the provisions of Article 145 of the Criminal Law, and, if the circumstances are less serious, be subject to punishment in accordance with the provisions of Article 22 of the Regulations on Administrative Penalties for Public Security. Whoever maltreats disabled persons shall be punished in accordance with the provisions of Article 22 of the Regulations on Administrative Penalties for Public Security; and, if the circumstances are flagrant, he shall be investigated for criminal responsibility in accordance with the provisions of Article 182 of the Criminal Law. Whoever refuses to perform his duty of fostering a disabled person who is unable to live independently, shall, if the circumstances are flagrant, or if he abandons such a disabled person, be investigated for criminal responsibility in accordance with the provisions of Article 183 of the Criminal Law. Whoever has illicit sexual relations with a disabled person who is unable to account for her own conduct due to mental retardation or mental disorder shall be deemed to have committed rape and shall be investigated for criminal responsibility in accordance with the provisions of Article 139 of the Criminal Law. Chapter IX Supplementary Provisions Article 53 Departments concerned under the State Council shall formulate relevant regulations in accordance with this Law and submit them to the State Council for approval before implementation. The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate measures of implementation in accordance with this Law. Article 54 This Law shall enter into force as of May 15, 1991.

RULES FOR IMPLEMENTATION OF THE THE PREVENTION AND CONTROL OF ATMOSPHERIC POLLUTION

Category	ENVIRONMENTAL PROTECTION	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1991-05-24	Effective Date	1991-07-01

Rules for Implementation of the Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution

Chapter I  General Provisions
Chapter II  Supervision and Management of the Prevention and Control of
Chapter III  Prevention and Control of Soot Pollution
Chapter IV  Prevention and Control of Pollution by Waste Gas, Dust and
Chapter V  Legal Liability
Chapter VI  Supplementary Provisions

(Approved by the State Council on May 8, 1991 promulgated by Decree No.5

of the National Office for Environment  Protection on May 24, 1991)
Chapter I  General Provisions

Article 1 These Rules for Implementation are formulated in accordance
with the provisions of Article 40 of the Law of the People’s Republic of
China on the Prevention and Control of Atmospheric Pollution.

Article 2 The local people’s governments at various levels shall be
responsible for the quality of the atmospheric environment within their
administrative areas and take the measures to prevent and control the
atmospheric pollution, and to protect and improve the atmospheric environment.

Article 3 The economic construction departments of the people’s
governments at various levels shall, according to the atmospheric environment
protection requirements by the people’s government at the same level,
incorporate the protection of the atmospheric environment into the production
and construction plans of their own departments and organize to implement it.

Article 4 Enterprises that discharge atmospheric pollutants must
incorporate the protection of the atmospheric environment into the production
and construction plans and the technology innovation plans of their own
enterprises. The competent authority for enterprises shall strengthen the
supervision and administration on the protection of the atmospheric
environment of the enterprises.

Article 5 The capital, material and equipment for the protection of the
atmospheric environment in a construction project shall be arranged together
with the master engineering on the basis of over-all view.
Chapter II Supervision and Management of the Prevention and Control of
Atmospheric Pollution

Article 6 Before a construction project that discharge atmospheric
pollutants is put into operation or used, its facility for the prevention and
control of atmospheric pollution shall, through the inspection and
examination by the environment protection departments that examine and
approve the environmental impact statement of the said project, be satisfied
with the following requirements:

(1) the processing result of the facility for the prevention and control
of atmospheric pollution has reached the designed standard;

(2) the managerial regulations and rules for the facility for the
prevention and control of atmospheric pollution are sound;

(3) the concerning technical information for the facility for the
prevention and control of atmospheric pollution is complete.

Only when the facilities for the prevention and control of atmospheric
pollution are qualified through check and acceptance, the construction
project may be put into operation and used.

Article 7 The units that discharge atmospheric pollutants shall, with
regard to the facility for the prevention and control of atmospheric
pollution, strengthen the management, periodically inspect or renew the
facility and assure the normal functioning of the facility.

Article 8 The units that discharge atmospheric pollutants must, in
accordance with the provisions, submit the registration form for discharging
pollutants report to the local environment protection department. After the
registration of report, if the categories, quantities and concentrations of
pollutants discharged are needed to be substantially changed, a new
registration form for discharging pollutants report shall be submitted 15 days
before the change; for those sudden substantial changes, a new registration
form for discharging pollutants report must be submitted within 3 days after
the change.

Article 9 If the pollutant treatment facilities are to be dismantled or
left idle, a report must be submitted to the local environment protection
department to explain the reason. The environment protection department shall,
after receipt of the report, give an official reply within 1 month. It shall
be deemed as agreed if an official reply is not given by the end of the
period.

Article 10 The units that are ordered to eliminate or control the
pollution by a deadline shall report periodically to the environment
protection department about the process of elimination or control.

The environment protection department shall inspect the situation of
elimination or control of the units that are ordered to eliminate or control
the pollution by a deadline and check and accept the project on which the
elimination or control is completed, and report the check and acceptance
results to the people’s government at the same level.

Article 11 The units that cause an accident of atmospheric pollution
must, within 48 hours after the accident is taken place, give an initial
report to the local environment protection department on the situation such
as the time, place and type of the accident taken place, the quantities of
the pollutant discharged, economic loss and people’s injury. After the
accident is checked up a detailed written report shall be given on the
situation such as the reason, process and damage of the accident, measures
taken, settlement decision, questions left over and measures of prevention,
and together with the concerning documents for evidence.

Article 12 The personnel for supervision and administration from the
environment protection department and other supervision and administration
departments shall, while conducting an on-the-spot inspection on the units
that discharge pollutants within their administrative area, present their
certificates of inspection or be dressed with the signs.

The certificate of inspection hold by the personnel for supervision and
administration from the environment protection department shall be issued by
the environment protection department of the people’s government at or above
the level of the municipality directly under the province government.

Article 13 When conducting an on-the-spot inspection the environment
protection department and other supervision and administration departments
may require the inspected units to provide the following information and
material:

(1) the situation of pollutants discharging;

(2) the operation, function and management situation of the discharge and
treatment facilities;

(3) the types, norms and calibration situation of the monitoring
instrument and equipment;

(4) the monitoring analysis method taken and monitoring record;

(5) the enforcement situation of elimination or control by a deadline;

(6) the information of the accidents and the concerning record;

(7) the information of production technology and use of raw material
concerning the pollution;

(8) other information and situation concerning the prevention and control
of atmospheric pollution.
Chapter III Prevention and Control of Soot Pollution

Article 14 The competent department concerned under the State Council
shall, pursuant to the standards for boiler soot discharge prescribed by the
state, stipulate the concentrations of boiler soot discharged initially and
the standards for blackness of mist in the boiler quality standard.

Before the design of a new boiler production is finalized, the
concentrations of boiler soot discharged initially, the standards for
blackness of mist and their testing data material shall be submitted to the
environment protection department of the people’s government at or above the
level of the municipality directly under the province government for a record.

The boiler manufacture factories must mark the concentrations of boiler
soot discharged initially and the standards for blackness of mist on the
nameplates or directions of the boiler products.

Any boiler dissatisfied with the concentrations of boiler soot discharged
initially and the standards for blackness of mist described in paragraph 1 of
this Article shall not be manufactured, sold or imported.

Article 15 Before put into operation or use the newly-built industrial
kilns and newly-installed boilers shall be checked and accepted by the
environment protection department according to the described procedures; if
the standard for discharging atmospheric pollutants is not met, they shall
not be put into operation or used.

Article 16 When an industry district or residence area is newly built in
the city or an outdated city area is transformed in batches, the heating and
electricity shall be supplied jointly; if the requirement of joint supply of
heating and electricity is not met, the central heating shall be supplied;
the facilities of joint supply of heating and electricity and supply of
central heating shall be designed, built or delivered to use together with
the construction project.

Article 17 The relevant departments under the State Council and the local
people’s governments at various levels shall adopt measures to popularize
shaped coal and the technology of combustion with low pollution, and to limit
the combustion of bulk coal gradually. The fuel supplying department shall
supply the coal with low pollution for civil use in priority.
Chapter IV Prevention and Control of Pollution by Waste Gas, Dust and
Malodorous Substances

Article 18 Any project that discharges toxic waste gas or dust shall not
be newly built in the residence area. The built project in operation or use
that exceeds the discharging standards shall undergo the purification
treatment; an enterprise or institution that causes serious atmospheric
pollution shall be ordered to eliminate or control the pollution by a deadline
by the people’s government according to its jurisdiction.

Article 19 The inflammable gas engendered during industrial production
such as the coking furnace gas, blast furnace gas, mining gas that is sent out
steadily or synsetic ammonia gas shall be recovered for utilization. Those
having the condition of recovery for utilization do not recover for
utilization shall be ordered to eliminate or control the pollution by a
deadline by the environment protection department of people’s government at
or above the county level with approval of the concerned people’s government
that the enterprise is subordinated to.

Article 20 The burning of asphalt, asphalt felt, rubber, plastics,
leather and other materials that may produce toxic or harmful smoke or dust or
malodorous gases in densely inhabited areas due to specific circumstance shall
be approved by the local environment protection department, and these
materials shall be centrally burned in the established burning furnace.

When a fixed smelting furnace is to be used in a building construction of
cities and towns, sealing measures shall be taken.

Article 21 In the transportation, loading and unloading, and storage of
substances that may diffuse toxic or harmful gases or dust, the protective
measures such as sealing or covering , spraying measures must be taken
according to the concerning provisions.

Article 22 Motorized vehicles and vessels shall not be permitted to
discharge atmospheric pollutants in excess of the prescribed discharge
standards; measures shall be taken to deal with motorized vehicles and vessels
that discharge atmospheric pollutants in excess of the prescribed discharge
standards.

Article 23 The environment protection department of the people’s
government at various levels shall conduct unified supervision and
administration on the prevention and control of atmospheric pollution caused
by the motorized vehicles and vessels.

The administrative departments of public security, transportation,
railways and fishery at various levels shall, by performing their respective
functions, conduct supervision and administration on the atmospheric pollution
caused by motorized vehicles and vessels.

Article 24 The administrative departments for manufacture and maintenance
of motorized vehicles and vessels shall incorporate the prevention and control
of atmospheric pollution caused by motorized vehicles and vessels into the
industrial quality management.

Automobiles that discharge pollutants in excess of the national discharge
standards shall not permitted to be manufactured, sold or imported.
Chapter V Legal Liability

Article 25 A fine, which shall be imposed of according to the provisions
of Article 31 of the Law of the People’s Republic of China on the Prevention
and Control of Atmospheric Pollution, shall be executed pursuant to the
following provisions:

(1) those who refuse to report or submit a false report on items for which
registration is required by the environment protection department under the
State Council for the discharge of pollutants shall be imposed of a fine
ranging from 300 to 3000 yuan;

(2) those who dismantle or leave idle the installations for the prevention
and control of pollutants without prior approval by the environmental
protection department , or discharge pollutants in excess of the prescribed
discharge standards shall be imposed of a fine ranging from 500 to 30000 yuan;

(3) those who refuse an on-the-spot inspection by the competent
environmental protection department or other supervisory and management
departments, or resort to trickery and fraud during inspection shall be
imposed of a fine ranging from 300 to 3000 yuan;

(4) those who without authorization burn asphalt, asphalt felt, rubber,
plastics, leather and other material that may produce toxic or harmful smoke
or dust or malodorous gases in densely inhabited areas shall be imposed of a
fine ranging from 300 to 3000 yuan;

(5) those who fail to pay the fee for excessive discharge of pollutants
according to the state provisions shall be imposed of a fine ranging from
1000 to 10000 yuan.

Article 26 A fine, which shall be imposed of according to the provisions
of Article 32 of the Law of the People’s Republic of China on the Prevention
and Control of Atmospheric Pollution, shall be executed pursuant to the
following provisions:

(1) When a construction project is put into operation or used in
circumstances where its facilities for the prevention and control of
atmospheric pollution have not completed, the environment protection
department responsible for the examination and approval of the environment
impact statement on the construction project shall order the suspension of
its operation or use and may concurrently impose a fine ranging from 5000 to
50000 yuan;

(2) When a construction project is put into operation or used in
circumstances where its facilities for the prevention and control of
atmospheric pollution fail to meet the requirements specified in the state
provisions concerning environmental protection for such a construction
project, the environment protection department responsible for the examination
and approval of the environment impact statement on the construction project
shall order the suspension of its operation or use and may concurrently impose
a fine ranging from 2000 to 20000 yuan.

Article 27 According to the provisions of paragraph 1 in Article 33 of
the Law of the People’s Republic of China on the Prevention and Control of
Atmospheric Pollution an enterprise or institution that has failed to
eliminate or control pollution by the deadline as required shall be imposed
of a fine ranging from 10000 to 100000 yuan.

Article 28 A fine, which shall be imposed of according to the provisions
of Article 34 of the Law of the People’s Republic of China on the Prevention
and Control of Atmospheric Pollution, shall be executed pursuant to the
following provisions:

(1) those enterprises or institutions which cause an atmospheric pollution
accident shall be imposed of a fine ranging from 10000 to 50000 yuan;

(2) those which cause a substantial economic loss shall be fined on the
basis of 30 percent of the direct loss but not exceeding 200000 yuan.

Article 29 The environment protection department of the people’s
government at or above county level may impose a fine not more than 10000
yuan, but a fine more than 10000 yuan shall be reported to the environment
protection department of the people’s government at the higher level for
approval.

The environment protection department of the people’s government of
municipality directly under the province government may impose a fine not more
than 50000 yuan,but a fine more than 50000 yuan shall be reported to the
environment protection department of people’s government at the province
level for approval.

The environment protection department of the people’s government of
provinces, autonomous regions or municipalities directly under the Central
government may impose a fine not more than 200000 yuan.

All the fine amount shall be handed over to the state treasury, and no
unit or individual shall hold back.

Article 30 The units or individuals that pay the fee for excessive
discharge of pollutants or are warned or fined shall not be exempted from the
liability of eliminating the pollution, removing the hazard or of making
compensation to the losses.
Chapter VI Supplementary Provisions

Article 31 The relevant departments under the State Council and the
people’s governments of provinces, autonomous regions or municipalities
directly under the Central government may formulate implementing measures
according to the Law of the People’s Republic of China on the Prevention and
Control of Atmospheric Pollution and these Regulations.

Article 32 The environment protection department under the State Council
shall be responsible for explainations to these Rules.

Article 33 These Rules shall be implemented as of the date of July 1,
1991.

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE PUNISHMENT OF THE CRIME OF EXCAVATING AND ROBBING SITES OF ANCIENT CULTURE OR ANCIENT TOMBS

Category	CRIMINAL LAW	Organ of Promulgation	The Standing Committee of the National People’s Congress	Status of Effect	Invalidated
Date of Promulgation	1991-06-29	Effective Date	1991-06-29	Date of Invalidation	1997-10-01

Supplementary Provisions of the Standing Committee of the National People’s Congress Regarding the Punishment of the Crime of Excavating and Robbing Sites of Ancient Culture or Ancient Tombs

(Adopted at the 20th Meeting of the Standing Committee of the Seventh

National People’s Congress on June 29, 1991, promulgated by Order No.48 of the
President of the People’s Republic of China on June 29, 1991, and effective
as of June 29, 1991)(Editor’s Note: This Decision has been invalidated by 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 20th Meeting of the Standing Committee of the Seventh National
People’s Congress decides to make the following provisions supplementary to
the Criminal Law:

Whoever excavates and robs a site of ancient culture or ancient tomb of
historical, artistic or scientific value shall be sentenced to fixed-term
imprisonment of not less than three years but not more than ten years, and may
concurrently be punished with a fine; if the circumstances are relatively
minor, the offender shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and may concurrently be punished with
a fine: and, under any of the following circumstances, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years, or life
imprisonment or death, and shall concurrently be punished with a fine or
confiscation of property:

(1) Excavating and robbing a site of ancient culture or ancient tomb which
is designated as major sites to be protected for their historical and cultural
value at the national level or at the provincial level;

(2) Being the ringleader of a gang engaged in excavating and robbing sites
of ancient culture or ancient tombs;

(3) Excavating and robbing sites of ancient culture or ancient tombs for
many times;

(4) Excavating a site of ancient culture or ancient tomb, and robbing
valuable cultural relics therein, or causing serious damage to valuable
cultural relics therein.

All cultural relics seized from excavating and robbing sites of ancient
culture or ancient tombs shall be recovered.

REGULATIONS FOR THE IMPLEMENTATION OF COPYRIGHT LAW

Category	INTELLECTUAL PROPERTY RIGHT	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1991-05-30	Effective Date	1991-06-01

Regulations for the Implementation of Copyright Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II  Copyright Administrative Authorities
Chapter III  Ownership and Exercise of Copyright
Chapter IV  Copyright Licensing Contracts
Chapter V  Exercise of and Limitations on Rights Relating to Copyright
Chapter VI  Administrative Sanctions
Chapter VII  Supplementary Provisions

(Approved by the State Council on May 24, 1991, and promulgated by Decree

No. 1 of the National Copyright Administration on May 30, 1991)
Chapter I  General Provisions

Article 1 These Regulations for the Implementation are formulated in
accordance with Article 54 of the Copyright Law of the People’s Republic of
China (hereinafter referred to as “the Copyright Law”).

Article 2 The term “works” as used in the Copyright Law means
intellectual creations with originality in the literary, artistic or
scientific domain, insofar as they are capable of being reproduced in a
tangible form.

Article 3 The term “creation” as used in the Copyright Law means
intellectual activities that directly create literary, artistic or scientific
works.

Any organizational work, consultation, material support or other
auxiliary services offered to the creation of other shall not be deemed as
creation.

Article 4 For the purposes of the Copyright Law and these Regulations,
the following expressions concerning works shall have the meanings hereunder
assigned to them:

(1) “written works” means works expressed in written form, such as novels,
poems, essays, and theses;

(2) “oral works” means works which are created in spoken words and have
not been fixed on any material carrier, such as impromptu speeches, lectures
and court debates;

(3) “musical works” means such works as symphonic works and songs, with
or without accompanying words, which can be sung or performed;

(4) “dramatic works” means such works as dramas, operas and local
traditional operas which are used for stage performance;

(5) “quyi works” means such works as “xiang sheng” (cross talk),
“kuaishu” (clapper talk), “dagu” (ballad singing with drum accompaniment) and
“pingshu” (story telling based on classical novels), which are all used for
performance involving mainly recitation or singing, or both;

(6) “choreographic works” means works which are or can be expressed in
successive body movements, gestures and facial movements;

(7) “works of fine arts” means two- or three-dimensional works of the
plastic arts created in lines, colours or other media which impart aesthetic
effect, such as paintings, works of calligraphy, sculptures and works of
architecture;

(8) “photographic works” means the kind of artistic works created by
recording images of objects on light-sensitive materials with the aid of
devices;

(9) “cinematographic, television and videographic works” means works
which are recorded on some material consisting of a series of images, with or
without accompanying sound, and which can be projected or broadcast with the
aid of suitable devices;

(10) “drawing of engineering designs and product designs, and their
descriptions” means drawings designed for the purpose of actual construction
and manufacturing, and the description contained in the said drawings;

(11) “maps, diagrammatic sketches and other graphic works” means two- or
three-dimensional works showing geographical phenomena or demonstrating the
fundamentals or the structure of a thing or an object, such as geographical
maps, circuit plans or anatomical drawings.

Article 5 For the purposes of the Copyright Law and these Regulations,
the following expressions concerning modes of exploitation of works shall
have the meanings hereunder assigned to them:

(1) “reproduction” means the act of producing one or more copies of a
work by printing, photocopying, copying, lithographing, making a sound
recording or video recording, duplicating a photographic work, or by other
means;

(2) “performance” means the public presentation of a work by performing
music or drama, reciting a poem, or doing similar acts through vocal sound,
facial movements and body movements, directly or with the aid of technical
devices;

(3) “broadcasting” means the communication of works through wireless
radio waves or cable television system;

(4) “exhibition” means the public display of the original copies or
reproductions of works of fine arts and photograph;

(5) “distribution” means the provision of a certain number of copies of a
work to the public through selling, renting or other means, insofar as the
said number of copies satisfy the reasonable needs of the public;

(6) “publication” means the public distribution of copies of the edited
version of a work;

(7) “the making of cinematographic, television or video works” means the
fixation for the first time of a work on a certain carrier by way of
cinematographic production or similar means. The mere mechanical recording of
a performance or scenery shall not be regarded as the making of the
above-mentioned works;

(8) “adaptation” means the creation of new works with originality on the
basis of preexisting ones by changing their original forms of expression or
their purposes for use;

(9) “translation” means the conversion of the language of a work into
another language;

(10) “annotation” means the explanation of the characters, words and
sentences used in a written work;

(11) “compilation” means the creation of a work by assembling a number of
selected pre-existing works, in whole or in part, according to an arrangement
designed for a specific purpose;

(12) “arrangement” means the re-editing of pre-existing written works or
materials that are in a fragmented and poorly ordered state so as to turn
them into a systematic and orderly state, such as the glossing and repairing
of ancient classics.

Article 6 For the purposes of the Copyright Law and these Regulations,
the following expressions shall have the meanings hereunder assigned to them:

(1) “news on current events” means the mere facts or happenings conveyed
by newspapers, periodicals and radio and television programmes;

(2) “sound recordings” means the original recordation of any sound;

(3) “video recordings” means the original recordation of a connected
series of related images, with or without accompanying sounds, other than
cinematographic and television and videographic works;

(4) “radio and television broadcasts” means the programmes communicated
by a radio or television station by means of diffusing signals carrying
sounds or images or both;

(5) “producer of sound recordings” means a person who makes sound
recordings;

(6) “producer of video recordings” means a person who makes video
recordings;

(7) “performer” means an actor or any other person who performs literary
and artistic works.
Chapter II Copyright Administrative Authorities

Article 7 The National Copyright Administration is the copyright
demonstration department under the State Council and shall be responsible for
the nationwide work of administration of copyright. Its main functions are:

(1) to implement copyright-related laws and regulations, and to formulate
measures in relation to copyright administration;

(2) to investigate and handle cases of infringement of copyright that are
of nationwide influence;

(3) to approve the establishment of collective administrative organs of
copyright, foreign-related copyright agencies and arbitration agencies on
disputes of copyright contracts, and to supervise and guide their work;

(4) to be in charge of the foreign-related copyright administration;

(5) to administer copyrights of which the State is the owner;

(6) to provide guidance for the work of local copyright administration
departments;

(7) to discharge other duties assigned by the State Council in relation
to copyright administration.

Article 8 The copyright administration departments under the local
people’s governments shall be in charge of the copyright administration
within their respective administrative areas, whose functions shall be
determined respectively by the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government.
Chapter III Ownership and Exercise of Copyright

Section 1 Ownership of Copyright

Article 9 Unless otherwise provided by law, copyright of a work shall
belong to the citizen who has created the work, or the legal entity or an
entity without legal personality which is deemed as the author of the work.

A legal entity must be in conformity with the conditions laid down by the
General Principles of Civil Law of the People’s Republic of China. Registered
social institutions and economic organizations which do not meet the
conditions of legal entities, and the relatively independent constituent
departments forming a legal entity are entities without legal personality.

Article 10 Persons who have glossed or rearranged others’ pre-existing
works shall enjoy the copyright in the works thus created, but shall not be
enpost_titled to copyright in the original works and shall not prevent other
persons from glossing or rearranging the same pre-existing works.

Article 11 Where co-authors fail to reach an agreement through
consultation on the exercise of copyright in a joint work which cannot be
used separately, any party may not prevent the other party from exercising
the said copyright without legitimate reasons.

Article 12 In the case of works of compilation in form of encyclopaedias,
dictionaries, textbooks, photo books of large size or the like, the copyright
in such works as a whole shall belong to the legal entities or entities
without legal personality which have sponsored the creation, provided
financial aid or materials for the creation and bear the responsibilities in
relation to the said works.

Article 13 Where the copyright owner has authorized others to make
cinematographic, television or videographic works based on his works, it is
deemed that he has permitted them to make necessary alteration of his works,
insofar as such alteration does not distort or mutilate the original work.

Article 14 Where copyright in a work created in the course of employment
belongs to the author, the author may, in the case that the entity to which
he belongs has not exploited the work in the scope of its professional
activities within two years after the completion of the work, request the
said entity to permit a third party to exploit the work in the same manner as
the entity may have, the said entity may not refuse the request, unless it
has legitimate reasons.

Remuneration obtained from the use of a work by a third party permitted
by the author within two years after the creation of the work, with the
consent of the entity to which he belongs and used in the same manner as the
entity may have shall be divided between the author and the entity according
to agreed proportions.

After the expiry of the period of two years after the completion of a
work, the entity may continue to exploit the work within the scope of its
professional activities.

The duration of two years period after the completion of a work shall be
calculated from the date on which the work is submitted to the entity.

Article 15 The material and technical resources mentioned in Item (1),
second paragraph of Article 16 of the Copyright Law shall mean the funds,
equipments or materials provided exclusively for the creation of a work.

Article 16 In the case of a work of an unidentified author, the
copyright, except the right of authorship, shall be exercised by the lawful
holder of the original copy of the work. Where the author has been identified,
the copyright shall be exercised by the author or his heir in post_title.

Article 17 The provisions in Article 18 of the Copyright Law, which
reads that the transfer of ownership of the original copy of a work of fine
arts or other works shall not be deemed to include the transfer of copyright
in such work, is applicable to any work of which the ownership of the
original copy can be transferred.

Section 2 Inheritance of Copyright

Article 18 Inheritance of property rights contained in copyright shall
be executed in accordance with the Law of Inheritance.

Article 19 In the case where one of the coauthors of a work of joint
authorship dies without heir in post_title or other behested beneficiary, the
right of exploitation and right to remuneration he enjoyed in the work shall
be exercised by the other coauthors.

Article 20 The right of authorship, right of revision and right of
integrity shall, after the death of the author, be protected by the heir in
post_title and other behested beneficiary. In the absence of an heir in post_title or
other behested beneficiary, the right of authorship, the right of revision
and the right of integrity shall be protected by copyright administration
departments.

Article 21 Copyright enjoyed by the State shall be exercised by the
copyright administration departments on behalf of the State.

Article 22 In the case of posthumous work, the right of publication may
be exercised by the author’s heir in post_title or other behested beneficiary
within a period of 50 years, unless the author had expressly stated
otherwise. In the absence of an heir in post_title or other behested beneficiary,
the said right shall be exercised by lawful holder of the original copy of
the work.

Section 3 Acquisition of Copyright and Calculation of the Term of
Protection

Article 23 Copyright shall occur on the date when a work is created and
shall be protected under the Copyright Law.

Article 24 In the case of a work of an unidentified author, the term of
protection in relation to the right of exploitation and the right to
remuneration shall be 50 years ending on December 31 of the 50th year after
the first publication of the work. Article 21 of the Copyright Law shall be
applicable after the author of the work has been identified.

Article 25 In the case of a work of a foreigner first published in the
territory of China, the term of protection shall be calculated from the date
of the first publication of the work.

The first publication of a work of a foreigner in the territory of China
mentioned in the second paragraph of Article 2 of the Copyright Law refers to
the publication of an unpublished work of foreigner for the first time in the
territory of China by lawful means.

Where a foreigner’s work first published outside China is published in
China within 30 days thereafter, it shall be deemed first published in the
territory of China.

Unpublished works of foreigners, if their authorized adaptations or
translations are first published in China, shall be deemed first published in
the territory of China.

Section 4 Limitations on Rights

Article 26 A published work as mentioned in the Copyright Law refer to a
work which has been made available by the copyright owner to the public by
means as stipulated in the Copyright Law.

Article 27 The following conditions have to be conformed with for an act
to be deemed appropriate quotation of published works by others, as mentioned
in Article 22, Item (2) of the Copyright Law:

(1) the quotation is made solely for the purpose of introduction to, or
comment on, a work or demonstration of a point;

(2) the quotation shall not form a major or substantial part of the work
of the quoter;

(3) the interests of the copyright owner of the work being quoted shall
not be prejudiced.

Article 28 The provisions of Article 22, Item (3) of the Copyright Law
refer to unavoidable inclusion of published works as is justified by the
purpose of reporting current events.

Article 29 The use of published works of other persons in accordance
with the provisions of Article 22, Items (6) and (7) of the Copyright Law
shall not harm the normal exploitation of the works concerned and shall not
unreasonably prejudice the lawful rights and interests of the copyright
owners.

Article 30 Where a published work is performed in accordance with the
provisions of Article 22, Item (9) of the Copyright Law, no fees shall be
charged on the audience and no payments shall be made to the performers.

Article 31 The provisions of Article 22, Item (11) of the Copyright Law
shall be applicable only to the works originally created in the language of
the Han nationality.
Chapter IV Copyright Licensing Contracts

Article 32 The contracts with copyright owners and the license obtained
for using their works shall be made in written form, except in cases where w
orks are to be published by newspapers or periodicals.

Article 33 In default of a clear indication in a contract in relation to
the grant of exclusive right to use, only a nonexclusive right to use by the
licensee shall be granted, unless the Copyright Law stipulates otherwise.

Article 34 The provision of standard forms of various copyright
licensing contracts shall be the responsibility of the National Copyright
Administration.

Article 35 The person who has obtained the exclusive right in relation
to the use in a certain way of a work shall have the right to prevent any
other person, including the copyright owner, from using the work in the same
way. However, the sublicensing of the same right to a third party shall be
subject to permission by the copyright owner, unless the contract stipulates
otherwise.
Chapter V Exercise of and Limitations on Rights Relating to Copyright

Article 36 Rights relating to copyright, as mentioned in the Copyright
Law and these Regulations, mean the right enjoyed by publishers in their
publications, the right enjoyed by performers in their performances, the
right enjoyed by producers of audio and video recordings in their products
and the right enjoyed by radio and television stations in their broadcasts.

Article 37 Publishers, performers, producers of audio and video
recordings and radio and television stations, in the course of exercising
their rights, shall not prejudice the rights of the copyright owners of the
works being used and of the original work.

Article 38 Publishers shall enjoy exclusive right of exploitation in the
typographical design of the books, newspapers and periodicals which they have
published.

Article 39 In accordance with Article 30 of the Copyright Law, the
exclusive right of publisher to publish a work in its original language and
in the form of original edition, revised version or abridged version shall,
within the term of validity of and the domain of execution defined by the
contract, be protected by law.

Article 40 In the case where a manuscript is submitted to a publisher on
the author’s own initiative, the publisher shall, within six months, notify
the author whether the work will be published or not. In case of acceptance,
a contract shall be singed; in case of refusal, a timely notification shall
be sent to the author. Where no notification is served or no contract is
signed, the author may, upon expiry of six months, demand that the manuscript
be returned and financial compensation be made. The duration of six months
shall be calculated from the date of receipt of the manuscript by the
publishers.

Article 41 The provisions of Articles 29, 30, 31 and 33 of the Copyright
Law shall not be applicable where the cost of publication of a work is borne
by the copyright owner.

Article 42 The state of stocks being exhausted in relation to a work as
mentioned in Article 31 of the Copyright Law shall be established if two
successive subscription forms mailed by the copyright owner to the publisher
fail to receive any reply within six months.

Article 43 Where a copyright owner intends to declare that reprinting or
excerpting is not permitted in accordance with the second paragraph of
Article 32 of the Copyright Law, the copyright owner is required to append
that declaration to the work when it is first published in a newspaper or a
periodical.

Article 44 No timelimit shall be set on the term of protection in
relation to the rights provided for in Article 36, Items (1) and (2) of the
Copyright Law.

In the case of the term of protection in relation to the right to
remuneration which the performers enjoyed in accordance with the second
paragraph of Article 39 and the third paragraph of Article 42 of the
Copyright Law, the first paragraph of Article 39 and the second paragraph of
Article 42 of the Copyright Law shall apply.

Article 45 In accordance with Article 35 of the Copyright Law, a
performer shall pay remuneration to the copyright owner through the organizer
of the performance.

Article 46 Performance by foreign performers in the territory of China
shall be protected by the Copyright Law.

Article 47 Audio and video recordings produced and distributed in the
territory of China by foreign producers shall be protected by the Copyright
Law.

Article 48 Where a copyright owner intends to declare that the
performance, recording or making broadcasts of his work is not permitted in
accordance with the second paragraph of Article 35, the first paragraph of
Article 37 and the second paragraph of Article 40 of the Copyright Law, the
copyright owner is required to do that when his work is published, or have
his declaration carried in the copyright bulletin issued by the National
Copyright Administration.

Article 49 To use published works of other persons in accordance with
the second paragraph of Article 32, the second paragraph of Article 35, the
first paragraph of Article 37 and the second paragraph of Article 40 of the
Copyright Law, the user shall pay remuneration to the copyright owner. In the
case where the copyright owner is not identifiable or the address of the
copyright owner is not available, the remuneration payable shall be remitted,
within one month, to an agency designated by the National Copyright
Administration for further transfer to the due copyright owner.
Chapter VI Administrative Sanctions

Article 50 Infringements against copyright enumerated in Article 46 of
the Copyright Law shall be liable to the administrative sanctions to be
imposed by copyright administration departments in the form of warning,
injunction in relation to production and distribution of infringing copies,
confiscation of unlawful gains and seizure of infringing copies and
equipments used for making infringing copies, as well as a fine.

Article 51 The amount of a fine to be imposed for infringements against
copyright enumerated in Article 46 of the Copyright Law shall be, depending
on the seriousness of each of the cases, as follows:

(1) an infringing act as mentioned in Article 46, Item (1) of the
Copyright Law shall be liable to a fine of 100 to 5,000 yuan (RMB);

(2) infringing acts as mentioned in Article 46, Items (2), (3), (4), (5)
and (6) of the Copyright Law shall be liable to a fine of 10,000 to 100,000
yuan (RMB), or an amount of two to five times as much as the prices in total;

(3) an infringing act as mentioned in Article 46, Item (7) of the
Copyright Law shall be liable to a fine of 1,000 to 50,000 yuan (RMB).

Article 52 Copyright administration departments under the local people’s
governments shall be responsible for investigating and handling the
infringements against copyright enumerated in Article 46 of the Copyright Law
within their respective administrative areas.

The National Copyright Administration shall investigate and handle the
following infringements against copyright enumerated in Article 46 of the
Copyright Law:

(1) infringements against copyright that are of nationwide influence;

(2) infringements against copyright where a foreign party is involved;

(3) infringements against copyright that the investigation and handling
of which are deemed to be the responsibility of the National Copyright
Administration.

Article 53 In exercising its right of imposing administrative sanctions,
a copyright administration department may order the infringer to compensate
the infringed party for the suffered loss.
Chapter VII Supplementary Provisions

Article 54 Copyright owners may exercise their copyrights by way of
collective administration.

Article 55 The National Copyright Administration shall be responsible
for the interpretation of these Regulations.

Article 56 These Regulations shall enter into force as of June 1, 1991.

1 234 5 Page 3 of 5

1997

MEASURES OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OVER IMPORT AND EXPORT GOODS OF THE...

RAILWAY LAW

LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

REGULATIONS FOR THE IMPLEMENTATION OF THE COPYRIGHT LAW

MEASURES OF THE TIANJIN HARBOUR FREE TRADE ZONE FOR ADMINISTRATION OF PLANNING AND CONSTRUCTION

NATIONALITY LAW

REGULATIONS ON REPORTING AND HANDLING FATAL ACCIDENTS OF WORKERS AND EMPLOYEES IN ENTERPRISES

REGULATIONS FOR THE ADMINISTRATION OF PRODUCT QUALITY CERTIFICATION

PROTECTION OF DISABLED PERSONS LAW

RULES FOR IMPLEMENTATION OF THE THE PREVENTION AND CONTROL OF ATMOSPHERIC POLLUTION

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE PUNISHMENT OF THE CRIME OF EXCAVATING AND ROBBING SITES OF ANCIENT CULTURE OR ANCIENT TOMBS

REGULATIONS FOR THE IMPLEMENTATION OF COPYRIGHT LAW

CONSTITUTION ACT, 1982 – page 22

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

CONSTITUTION ACT, 1982 – page 17

CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

CONSTITUTION ACT, 1982 – page 11

CONSTITUTION ACT, 1982 – page 10

CONSTITUTION ACT, 1982 – page 9

CONSTITUTION ACT, 1982 – page 8

CONSTITUTION ACT, 1982 – page 7