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

COPYRIGHT

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 FOR THE ADMINISTRATION OF THE FOREIGN-RELATED ARCHAEOLOGICAL ACTIVITIES

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1991-02-22 Effective Date  1991-02-22  


Measures of the People’s Republic of China for the Administration of the Foreign-related Archaeological Activities



(Approved by the State Council on December 31, 1990 and promulgated by

Decree No. 1 of the State Bureau of Cultural Relics on February 22, 1991)

    Article 1  These Measures are formulated with a view to strengthening the
administration of the foreign-related archaeological activities, protecting
the ancient cultural heritage of China and promoting its academic exchanges
in the archaeological field with foreign countries.

    Article 2  These Measures shall apply to the archaeological investigation,
exploration and excavation as well as to the related studies, scientific and
technological protection and  other  activities  which are  conducted by the
relevant Chinese units (hereinafter referred to as Chinese party) in
collaboration with foreign organizations or international organizations
(hereinafter referred to as foreign party) on the land territory, in the
inland waters and the territorial seas of China as well as in other sea area
within the jurisdiction of China.

    Article 3  Any foreign or international organization that intends to
conduct archaeological investigation, exploration or excavation in China must
undertake it in collaboration with China.

    Article 4  The State Bureau of Cultural Relics shall be in charge of the
unified administration of the foreign-related archaeological activities
throughout the country.

    Article 5  For the purposes of these Measures,

    (1) “archaeological investigation” refers to such activities, conducted
for the purpose of obtaining archaeological materials and information, as
archaeological recording of ancient cultural sites, ancient tombs, ancient
architectures, cave temples and other underground and underwater cultural
relics, and collecting of cultural relics and natural specimens;

    (2) “archaeological exploration” refers to exploring activities aiming at
obtaining such basic information as the nature, structure and range of
underground or underwater historical cultural remains;

    (3) “archaeological excavation” refers to such activities, conducted for
the purpose of obtaining archaeological materials and information, as
scientific discovering and archaeological recording of sites of ancient
culture, ancient tombs and other underground and underwater cultural relics
as well as collecting of cultural relics and natural specimens;

    (4) “archaeological recording” refers to such activities conducted in a
systematic manner as written description, surveying cartographing, rubbing,
photographing, cinematographing and videotaping;

    (5) “natural specimens” refers to natural remains obtained in
archaeological investigation, exploration and excavation.

    Article 6  Archaeological activities of investigation, exploration or
excavation jointly conducted by the Chinese and foreign parties shall be
guided by the following principles:

    (1) the two parties in collaboration shall jointly carry out a project of
archaeological investigation, exploration or excavation and a joint
archaeological team shall be organized, with the Chinese experts taking the
overall charge;

    (2) the two parties in collaboration shall jointly sort out the data
obtained from archaeological investigation, exploration or excavation and
prepare reports thereof all within the Chinese boundaries. The reports shall
be co|signed by the two parties in collaboration and the Chinese party shall
have priority for the publication thereof;

    (3) cultural relics, natural specimens and the originals of
archaeological recording obtained in the activities of archaeological
investigation, exploration or excavation conducted in collaboration shall be
owned by China and have their safety ensured;

    (4) the two parties in collaboration shall abide by the laws, regulations
and rules of China.

    Article 7  A foreign party that intends to conduct archaeological
investigation, exploration or excavation in collaboration with a Chinese
party shall submit a written application therefore to the State Bureau of
Cultural Relics in light of the following items:

    (1) intent of collaboration;

    (2) object, scope and purpose;

    (3) plan for team organization;

    (4) working procedures and measures for safety and technical protection
of the cultural relics, etc;

    (5) sources of funds and equipments and mode of management;

    (6) handling of accidents and risk sharing.

    Article 8  Any application for collaboration in an archaeological project
of investigation, exploration or excavation shall satisfy all the following
conditions:

    (1) it is conducive to China’s protection of cultural relics and
archaeological studies as well as to the international cultural and academic
exchanges;

    (2) the Chinese party has already laid down a foundation in the project
and made some progress in the studies, and has its own experts engaged in the
studies of the subject area in question;

    (3) the foreign party shall be a specialised archaeological research
institution with experts in the subject area in question or in a similar
subject area as well as proper experience in archaeological practice; and

    (4) there are reliable measures for the protection of the excavated
cultural relics.

    Article 9  The State Bureau of Cultural Relics shall subject an
application of a foreign party to an preliminary examination in conjunction
with the Chinese Academy of Social Sciences, and then, in accordance with the
relevant provisions of the State, transfer the application to the relevant
departments in charge of national defence, foreign affairs, public security,
national security and others for further examination, if it is found
satisfactory through the examination, the State Bureau of Cultural Relics
shall submit the application to the State Council for special approval.

    Article 10  After the special approval is granted by the State Council to
a project of collaboration for archaeological investigation, exploration or
excavation, an agreement shall be signed by the two parties in collaboration
on the specific matters of the approved project.

    Article 11  If the cultural relics or natural specimens obtained in an
archaeological investigation, exploration or excavation conducted in
collaboration need to be sent outside the Chinese boundaries for laboratory
test or technical appraisement, the matter shall be submitted to the State
Bureau of Cultural Relics for approval. The original specimens, except for
the consumption involved in the test or appraisement, shall all be
transported back to China thereafter.

    Article 12  Foreign students in China (including undergraduates,
postgraduates and visiting scholars) and foreign researchers whose authorized
period of stay for archaeological study or research in China is over one year
may join in  company with the unit where they study in activities of
archaeological investigation, exploration or excavation conducted by a
Chinese party exclusively or in collaboration with a foreign party, subject
to the approval by the State Bureau of Cultural Relics according to the
request made by the unit where they study or do research work with a prior
consent of the relevant unit of archaeological investigation, exploration or
excavation.

    Article 13  Any visit by a foreigner, a foreign organization or an
international organization to a cultural relics site within the Chinese
boundaries not yet open to public visitors can be conducted, if in areas open
to foreigners, only after the programme for the visit has been submitted one
month before by the department for the administration of cultural relics of
the province, autonomous region or municipality directly under the Central
Government where the cultural relics site is located or by the host central
governmental  department and the unit directly under it to the State Bureau
of Cultural Relics and after an approval has been obtained therefrom and, if
in areas not open to foreigners, only after the programme for the visit has
been submitted one month before by the department for the administration of
cultural relics of the province, autonomous region or municipality directly
under the Central Government where the cultural relics site is located or by
the host central governmental department and the unit directly under it to
the State Bureau of Cultural Relics and after an approval has been obtained
therefrom and, upon the completion of the necessary procedures at the
relevant department in accordance with the pertinent provisions governing
foreignrelated matters.

    Any visit to an archaeological site under excavation shall be made only
when the unit in charge of the excavation has been duly consulted by the host
unit and an approval has been obtained from the State Bureau of Cultural
Relics.

    During such visits, any foreigner, foreign organization or international
organization may not collect any cultural relics or natural specimen or make
any archaeological recording.

    Article 14  The State Bureau of Cultural Relics is enpost_titled to make
inspections on the operation of the archaeological investigation, exploration
or excavation conducted in collaboration and may suspend the operation if it
fails to comply with the provisions of the Operation Procedures for Field
Archaeology or to meet other relevant technical requirements and demand a
rectification within a time|limit.

    Article 15  In case of a violation of the provisions of Articles 6, 7, 8,
10 or 11 of these Measures, a warning, suspension of operation, cancellation
of the project, a fine of 1,000 to 10,000 yuan (RMB), confiscation of the
cultural relics illegally obtained or a compensation for the damages may be
enforced by the State Bureau of Cultural Relics according to the seriousness
of the case.

    Article 16  In case of an unauthorized admittance of foreign students or
researchers by a unit to the activities of archaeological investigation,
exploration or excavation or an unauthorized extension of their working
period, in violation of the provisions of Article 12 of these Measures, the
State Bureau of Cultural Relics may issue a warning or suspend the
qualifications of the unit in question for conducting team archaeological
excavation.

    Article 17  In case of an unauthorized visit to a site of cultural relics
or an unauthorized collection of cultural relics and natural specimens or
unauthorized archaeological recording in violation of the provisions of
Article 13 of these Measures by any foreigner, foreign organization or
international organization, the department for the administration of cultural
relics may stop their visit, confiscate the cultural relics and natural
specimens so collected as well as the archaeological recording.

    Article 18  Any violation of the provisions of these Measures that
constitutes an  offence  against the public security management shall be
punished in accordance with the Regulations of the People’s Republic of China
on the Administrative Penalties for Public Security. In case it constitutes a
crime, criminal responsibility shall be investigated according to law.

    Article 19  Archaeological investigation, exploration or excavation
conducted by archaeological team from Taiwan, Hong Kong or Macao in
collaboration with unit from the mainland of China may be governed with
reference to these Measures.

    Article 20  Measures for the administration of foreign-related matters in
studies and scientific and technological protection of cultural relics shall
be formulated by the State Bureau of Cultural Relics in accordance with the
principles of these Measures.

    Article 21  The State Bureau of Cultural Relics shall be responsible for
the interpretation of these Measures.

    Article 22  These Measures shall become effective as of the date of
promulgation.






MEASURES OF THE PEOPLE’S BANK OF CHINA ON ADMINISTRATION OF THE ESTABLISHMENT OF RESIDENT REPRESENTATIVE OFFICES IN CHINA BY FOREIGN-CAPITAL FINANCIAL INSTITUTIONS

19960429

The People’s Bank of China

Measures of the People’s Bank of China on Administration of the Establishment of Resident Representative Offices in China by Foreign-capital
Financial Institutions

June 11, 1991

Article 1

These Measures are formulated for the purpose of regulating the control of resident representative offices in China of foreign-capital
financial institutions (hereinafter referred to as resident representative offices), in accordance with the Interim Provisions of
the State Council of the People’s Republic of China on Administration of Resident Representative Offices of Foreign Enterprises.

Article 2

Foreign-capital financial institutions mentioned in these Measures refer to foreign capital banks, securities companies, investment
companies, insurance companies, financial companies, credit card companies and financial leasing companies.

Article 3

A resident representative office is an agency of its head office, called the “such-and-such Representative Office”. Its principal
member in charge is called chief representative and other members are called representatives, advisers, assistants or secretaries.

Article 4

The People’s Bank of China (PBC) is the agency in charge of matters of examination and approval and of control in connection with
resident representative offices. Foreign-capital financial institutions can apply to PBC for establishment of resident representative
offices in the open cities of China in accordance with these Measures.

Article 5

A foreign-capital financial institution which applies for establishment of a resident representative office in China’s open cities
must submit to PBC the following documents and materials for the application:

(1)

written application signed by chairman of the board of directors or president of the head office of the applying institution and addressed
to the President of the People’s Bank of China;

(2)

a copy (or photocopy) of the license to do business or of the business registration certificate issued by the pertinent authorities
of the country or region where the applicant institution is located;

(3)

the articles of association of the applying institution’s head office and list of members of its board of directors or other similar
bodies;

(4)

annual reports of the applying institution of the last 3 years;

(5)

other documents and materials as PBC may require.

Except for the foregoing item (4), all documents and materials listed in the above paragraphs originally written in foreign languages
must have their Chinese translations attached.

A foreign-capital financial institution applying to set up a resident representative office in Beijing must submit its application
documents and materials to the Head Office of PBC while an application for the establishment of such an office in other cities shall
be submitted to the local branches of PBC which, after examination of the applicant’s paper, shall report to the PBC Head Office.

Article 6

PBC, within 3 months of receiving the application papers from a foreign-capital financial institution, shall decide whether to accept
its application or not. If an application is accepted, the applicant shall be issued a “Form of Application for Establishing Resident
Representative Offices in China by Foreign-capital Financial Institutions”. If no confirmation has been received from PBC after the
three-months period, the application is deemed automatically invalidated.

A foreign-capital financial institution must, within 2 months of receiving the “Form of Application for Establishing Resident Representative
Offices in China by Foreign-capital Financial Institutions” from PBC, submit to its Head Office for examination and approval the
filled out Form, together with the certificate of authority signed by the applicant’s chairman of the board of directors or president
for the chief representative of the resident representative office and the personal resumes of the chief and other representatives.

The Head Office of PBC, after approving the establishment in China of a resident representative office of a foreign-capital financial
institution, shall issue a certificate of approval to the applicant.

Article 7

Having obtained permission to set up a resident representative office in China, the foreign-capital financial institution must, in
conformity with relevant regulations of the country, go to the industrial and commercial administrative office and public security
office of the locality of the resident representative office to present the certificate of approval issued by PBC and perform the
procedures of business registration and residence registration for its staff members and their relatives. It shall also open a bank
account with a local state specialized bank and perform tax registration procedures at the local tax office.

Article 8

The work of a resident representative office falls within the scope of non-profit activities such as consultation, liaison and market
investigation. In its performance of duties, the resident representative office is not allowed to engage in business operations on
behalf of its home institution’s head office or agencies, including those in China.

Article 9

For a change of the chief representative of the resident representative office, it must present to the Head Office of PBC a letter
requesting approval of the change signed by the chairman of its board of directors or president and the documents authorizing the
appointment of a new chief representative and giving a resume of his biography. The change has to be approved by the PBC Head Office.

For and addition to or a change in the representatives, assistants and employees of foreign nationalities or from Hong Kong and Macao
in the Beijing based resident representative office, it must present to the Head Office of PBC a letter requesting approval of such
personnel changes signed by the officer in charge of the pertinent department of its head office and personal resumes of the newly
appointed personnel, the personnel changes have to be approved by the PBC Head Office.

For similar personnel changes in resident representative offices in other cities than Beijing, the offices concerned must present
the same kinds of documents as in the case of Beijing based office to the local branches of PBC, which shall approve the requested
personnel changes and report them to the PBC Head Office for record.

Article 10

For employment of Chinese citizens inside the country to work as advisers, secretaries, translators or ordinary workers at the recommendation
of Chinese foreign affairs service units, the resident representative office must report to the Head Office or local branches of
PBC the name list of the employed Chinese citizens and their resumes for record. Those whose employment is not reported for the record
are not allowed to work for the resident representative office.

Article 11

For a change of its name, the resident representative office must present to PBC a letter requesting approval of the change signed
by the chairman of the board of directors or president of its head office. On obtaining approval by the Head Office of PBC, the resident
representative office shall present the certificate of approval to the local industrial and commercial administrative office and
perform the formalities for a change in the registration.

Article 12

For a change of office location, the resident representative office shall present to PBC a letter requesting approval signed by its
officer in charge. On obtaining approval by PBC, the resident representative office shall present the certificate of approval to
the local industrial and commercial administrative office and perform for formalities for a change in the registration.

For a change of office location, the resident representative office based in Beijing shall report to the Head Office of PBC for approval
while resident representative offices located in other cities shall report to the local branches of PBC for approval.

Article 13

The chief representative of a resident representative office should reside in China to take charge of its routine work. If the chief
representative leaves China for more than 1 month or if he is unable to regularly stay in China to take charge of its routine work,
he should appoint in advance a special person to act for him and send the letter of appointment to the Head Office of PBC or a local
branch of PBC for record.

Article 14

Resident representative offices shall, before the end of February each year, present to PBC reports of their work in the previous
year. The reports must be made in Chinese in the forms specified by PBC, and truly reflect the offices’ work in China.

The resident representative office in Beijing should send its report to the Head Office of PBC while the resident representative offices
in other cities should send their reports to the local branches of PBC which will forward the reports to their Head Office.

Article 15

If a foreign-capital financial institution decides to withdraw its resident representative office in China, it must present in advance
a letter requesting approval signed by its head office to PBC. With approval from the Head Office of PBC, it shall proceed with the
cancellation of registration at the relevant office. It’s head office shall bear responsibility for any unsettled matters the resident
representative office involved in.

Article 16

The Head Office of the PBC is responsible for the supervision, inspection and regulation of the resident representative office stationed
in Beijing while it authorizes its branches to exercise supervision, inspection and regulation of the local resident representative
offices in other cities.

Article 17

The resident representative offices must abide by Chinese laws and regulations and these Measures. If a resident representative office
violates these Measures, the Head Office of PBC and its local branches have the right to take up the matter with the resident representative
office involved in.

Article 18

These Measures are applicable to the financial institutions registered in Hong Kong, Macao and Taiwan for their establishment of resident
representative offices.

Article 19

These Measures shall enter into force as of the date of promulgation. The Measures of the People’s Bank of China on Administration
of the Establishment of Resident Representative Offices in China by Overseas-Chinese-capital and Foreign-capital Financial Institutions
promulgated by the People’s Bank of China on February, 1983 are repealed simultaneously.



 
The People’s Bank of China
1991-06-11

 







CIRCULAR OF THE STATE COUNCIL CONCERNING THE QUARANTINE CONTROL SYSTEM FOR ANIMAL PRODUCTS LEAVING CHINA FOR TRADE PURPOSE

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1991-11-15 Effective Date  1991-11-15  


Circular of the State Council Concerning the Quarantine Control System for Animal Products Leaving China for Trade Purpose

(November 15, 1991)

    The “Law of the People’s Republic of China on the Entry and Exit Animal
and Plant Quarantine” has already adopted at the 22nd Meeting of the Standing
Committee of the Seventh National People’s Congress, and shall enter into
force as of April 1, 1992. Article 3 of the Law stipulates: “The organ in
charge of the quarantine of animal products leaving China for trade purpose
shall be designated by the State Council as it deems appropriate.” The State
Council maintains that, from a long-term point of view, it is more appropriate
for the agricultural department to exercise a unified administration over the
quarantine of animal products leaving China for trade purpose, but this cannot
do without a process. The State Council has, therefore, decided that the
quarantine work of animal products leaving China for trade purpose shall
continue to be undertaken by the State’s department of commodity inspection.






MEASURES OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPL’S REPUBLIC OF CHINA ON ADMINISTRATION OF THE BOND OF MATERIALS IMPORTED BY MATERIALS CORPORATIONS FOR ENTERPRISES WITH FOREIGN INVESTMENT

The General Administration of Customs

Measures of the General Administration of Customs of the Peopl’s Republic of China on Administration of the Bond of Materials Imported
by Materials Corporations for Enterprises with Foreign Investment

the General Administration of Customs

March 5, 1991

Article 1

In accordance with “The Customs Law of the People’s Republic of China” and in order to improve materials supply to the enterprises
with foreign investment and to strengthen Customs control, the measures hereof are formulated.

Article 2

The Measures are applicable to the materials corporations supply to enterprises with foreign investment (hereinafter referred to as
materials corporations) that are given the right to manage the bonded cargos listed in Article 5 of the regulations upon approval
by the government department in-charge.

Article 3

The materials corporations shall go through procedures of registration for the record after presenting to the local Customs Office
the documents of approval issued by the government departments in-charge and business licences issued by the industrial and commercial
administrations.

Article 4

The materials corporations shall present to the local Customs Office and a duplicate copy to the General Administration of Customs
a list of the annual plan for imports approved by the government departments in-charge as well the import quotas and the major commodities
for the materials corporations.

Article 5

The Customs shall exercise supervision and control over the bonded materials including raw materials, knock-down parts, parts and
components, elements and devices, fittings, auxiliary materials and fuel which are in short supply in the home market and have to
be imported to meet the needs of enterprises with foreign investment.

When the above-said bonded cargos are imported, they shall be declared at the Customs office upon presenting import contracts, Customs
Declaration of Import Goods and other related declarations and certificates for deferring payment of Customs duties. The bonded cargos
shall be kept in the public bonded storehouses approved by the Customs or the bonded storehouses under the management of the materials
corporations themselves. The Customs shall oversee and control the bonded cargos in accordance with “The Customs Law of the People’s
Republic of China” and “The Measures of the Customs of the People’s Republic of China on Administration of Bonded Storehouses and
Cargos.”

Article 6

Domestically-produced cargos which are supplied to enterprises with foreign investment shall not be allowed to be stored in the bonded
storehouses.

Article 7

When the enterprises with foreign investment purchase the imported cargos stored in the bonded storehouses from the materials corporations,
they shall go through declaration formalities according to provisions on inbound import cargos. Import licences shall be presented
to the Customs for examination in case the cargos are subject to import licences. The enterprises with foreign investment are exempted
from presenting import licences when they purchase the above-said cargos, in case the materials corporations have already delivered
the import licences to the Customs for examination in accordance with the rules and regulations.

If the above-said cargos are materials or parts needed for the execution of contracts on export products, the related enterprises
shall submit to the Customs for examination export contracts, order contracts signed between the enterprises and the materials corporations,
“the Registration Manual” verified and issued by the Customs and triple copy of “the Form of Approval for Material Supply to the
Enterprises with Foreign Investment by Materials Corporations” filled in and signed by the materials corporations. One copy of the
form of approval shall be signed by the Customs and given to the materials corporation for handling delivery of the cargos and completing
the verifying and writing-off formalities; another copy is for the enterprises with foreign investment; and another copy is for the
Customs to place on file to follow verifying and writing-off procedures.

Article 8

Enterprises with foreign investment that are enpost_titled to tax reduction or exemption in their import cargos may also enjoy tax reduction
or exemption when they purchase the same kind of cargos from the material corporations. Those that are not enpost_titled to tax reduction
and exemption shall pay Customs duties and the industrial and commercial consolidated tax for the import link according to the rules
and regulations.

Article 9

The duration is one year for the materials corporations to keep the imported cargos in the bonded store-houses. The corporations may
apply to the Customs for extending the duration in special conditions. But the extension of the duration shall not exceed one year.

The cargos that are beyond the bond timelimit or are surplus to the requirements of enterprises with foreign investment shall be shipped
back out of Chinese territory. The bonded cargos that fail to be shipped back out of the territory beyond the timelimit shall be
handled by the Customs in accordance with Article 21 of “The Customs Law of the People’s Republic of China.”

Article 10

The bonded cargos imported by the materials corporations shall not be sold or transferred to domestic enterprises without approval
by the Customs and the competent economic and trade departments and shall not be exchanged with domestic cargos for use.

Article 11

Any act in violation of those Measures shall be dealt with by the Customs according to the relevant provisions of “The Customs Law
of the People’s Republic of China.”

Article 12

Customs control over the bonded means of production imported by the Shenzhen Special Economic Zone shall be exercised in accordance
with “Provisions on Administration of the Market of Bonded Means of Production in the Shenzhen Special Economic Zone.”

Article 13

The power to interpret the Measures rests with the General Administration of Customs.

Article 14

The Measures shall enter into force on April 1, 1991.



 
The General Administration of Customs
1991-03-05

 







DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE REVISION OF ARTICLE 30 AND ARTICLE 31 OF THE THE PROTECTION OF CULTURAL RELICS

Category  CULTURE Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1991-06-29 Effective Date  1991-06-29  


Decision of the Standing Committee of the National People’s Congress Regarding the Revision of Article 30 and Article 31 of the Law
of the People’s Republic of China on the Protection of Cultural Relics


Appendix:  Article 30 and Article 31 of the Law of the People’s Republic

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

National People’s Congress on June 29, 1991, promulgated by Order No. 47 of
the President of the People’s Republic of China on June 29, 1991, and
effective as of the date of promulgation)

    The 20th Meeting of the Standing Committee of the Seventh National
People’s Congress, having considered the proposal submitted by the State
Council regarding the Draft Amendment to the Law of the People’s Republic of
China on the Protection of Cultural Relics, decides to make the following
revisions of Article 30 and Article 31 of the Law of the People’s Republic of
China on the Protection of Cultural Relics:

    1. The following five items are added to the acts to which administrative
sanctions shall be applicable as provided in Article 30:

    (1) scrawling upon, defiling or mutilating cultural relics under State
protection in not serious manners, or damaging or destroying signs put up in
accordance with the provisions of Article 9 of this Law for places to be
protected as cultural relics, for which the persons involved shall be fined
or instructed to compensate for the losses thus incurred by the public
security  department or by the units to which the cultural relics belong;

    (2) undertaking construction projects within the scope of protection for
a historical and cultural site, in contravention of the provisions of Article
11 of this Law, or constructing buildings or other structures within the area
delimited for the control of construction around a site to be protected for
its historical and cultural value, in contravention of the provisions of
Article 12 of this Law, for which the persons involved shall be instructed by
the departments for urban and rural planning, or by the said departments as
suggested by the departments for cultural administration, to stop the
construction and dismantle the buildings or other structures illegally
constructed, or, shall be fined;

    (3) carrying out such activities as demolition or excavation in the
vicinity of sites to be protected for their historical and cultural value,
thus endangering the safety of the cultural relics, for which the persons
involved shall be stopped from continuing such activities by the public
security department or by the said department as suggested by the departments
for cultural administration, and may concurrently be fined;

    (4) dealing, by agencies of cultural relics, in any cultural relics, the
buying or selling of which is not permitted by the departments for cultural
administration, for which the agencies involved shall, after examination and
verification by the administrative departments for industry and commerce in
conjunction with the departments for cultural administration, have their
illegal earnings confiscated by the administrative departments for industry
and commerce, and may concurrently be fined or shall have the cultural relics
illegally handled confiscated;

    (5) selling or presenting as gifts without permission any cultural relics
in their collection by museums, libraries or like institutions under public
ownership to other museums, libraries and like institutions under public
ownership, for which, the institutions involved shall be instructed by the
departments for cultural administration to recover the cultural relics sold
or presented as gifts and shall have the illegal earnings derived therefrom
confiscated or shall be fined; and the persons in charge and the persons
directly responsible shall be given administrative sanctions by the units to
which they belong or their higher authorities.

    Item (2) of Article 30 which reads: “buying or selling cultural relics
without the approval of the departments for cultural administration, for
which the persons involved shall be warned or fined by the departments for
the administration of industry and commerce, and their illegal earnings and
the cultural relics illegally handled by them may be confiscated,” is amended
to read: “buying or selling cultural relics without the approval of the
departments for cultural administration, for which, the persons involved
shall have their illegal earnings derived therefrom and the cultural relics
illegally handled confiscated by the administrative departments for industry
and commerce on their own or as suggested by the departments for cultural
administration, and may concurrently be fined.”

    A new paragraph is added to Article 30 as its second paragraph which
reads: “Anyone who is not satisfied with the administrative sanctions made in
accordance with the provisions of the preceding paragraph may apply for
reconsideration or bring a lawsuit according to law.”

    2. The following provisions are added to Article 31: (1) “selling or
presenting as gifts without permission any cultural relics in their
collection by museums, libraries or like institutions under public ownership
to any institution not under public ownership or to any individual, for which
the persons in charge and the persons directly responsible shall be
investigated for criminal responsibility by applying mutatis mutandis the
provisions of Article 187 of the Criminal Law;” (2) “functionaries of the
State who, by abusing their power, illegally appropriate any cultural relics
under State protection shall be deemed as embezzlers and punished as such;
those who have caused serious damage or losses to valuable cultural relics
shall be investigated for criminal responsibility by applying mutatis
mutandis the provisions of Article 187 of the Criminal Law.”

    The provisions of the first paragraph of Article 31 regarding the
investigation for criminal responsibility according to law is amended to
read: (1) the wording “smuggling valuable relics out of the country” in
Item (2) is amended to read: “smuggling cultural relics, the export of which
is prohibited by the State;” (2) a new item is added, which reads:
“excavating and robbing sites of ancient culture or ancient tombs.”

    The second paragraph of Article 31, which reads: “those who excavate
sites of ancient culture or ancient tombs without permission are punishable
for larceny”, is deleted.

    The third paragraph of Article 31, which reads: “those who sell valuable
cultural relics in private collections to foreigners without permission are
punishable for smuggling valuable cultural relics out of the country,” is
amended to read: “Any organization or individual who, without permission,
sells or presents as a gift to a foreigner any valuable cultural relics in
its, his or her collection, the export of which is prohibited by the State,
shall be deemed as smuggler and punished as such.”

    This Decision shall take effect as of the date of its promulgation.

    Article 30 and Article 31 of the Law of the People’s Republic of China on
the Protection of Cultural Relics shall be republished after being
correspondingly amended according to this Decision.
Appendix:  Article 30 and Article 31 of the Law of the People’s Republic
of China on the Protection of Cultural Relics

    (Amended according to the Decision Regarding the Revision of Article 30
and Article 31 of the Law of the People’s Republic of China on the Protection
of Cultural Relics adopted at the 20th Meeting of the Standing Committee of
the Seventh National People’s Congress on June 29, 1991)

    Article 30  Administrative sanctions shall be applied to those who have
committed any of the following acts:

    (1) scrawling upon, defiling or mutilating cultural relics under State
protection in not serious manners, or damaging or destroying signs put up in
accordance with the provisions of Article 9 of this Law for places to be
protected as cultural relics, for which the persons involved shall be fined
or instructed to compensate for the losses thus incurred by the public
security  department or by the units to which the cultural relics belong;

    (2) hiding cultural relics discovered underground, in inland waters, in
territorial seas or in other places and failing to report and deliver them to
the State,for which the persons involved shall be warned or fined by the
public security department and the cultural relics illegally acquired by them
shall be recovered;

    (3) undertaking construction projects within the scope of protection for
a historical and cultural site, in contravention of the provisions of
Article 11 of this Law, or constructing buildings or other structures within
the area delimited for the control of construction around a site to be
protected for its historical and cultural value, in contravention of the
provisions of Article  12 of this Law, for which the persons involved shall
be instructed by the departments for urban or rural planning on their own, or
by the said departments as suggested by the departments for cultural
administration, to stop the construction and dismantle the buildings or other
structures illegally constructed, or, shall be fined;

    (4) carrying out such activities as demolition or excavation in the
vicinity of sites to be protected for their historical and cultural value,
thus endangering the safety of the cultural relics, for which the persons
involved shall be stopped from continuing such activities by the public
security department or by the said department as suggested by the departments
for cultural administration, and may concurrently be fined;

    (5) buying or selling cultural relics without the approval of the
departments for cultural administration, for which, the persons involved
shall have their illegal earnings derived therefrom and the cultural relics
illegally handled confiscated by the administrative departments for industry
and commerce on their own or as suggested by the departments for cultural
administration, and may concurrently be fined;

    (6) dealing, by agencies of cultural relics, in any cultural relics, the
buying or selling of which is not permitted by the departments for cultural
administration, for which the agencies involved shall, after examination and
verification by the administrative departments for industry and commerce in
conjunction with the departments for cultural administration, have their
illegal earnings confiscated by the administrative departments for industry
and commerce, and may concurrently be fined or shall have the cultural relics
illegally handled confiscated;

    (7) selling cultural relics in private collections to foreigners without
permission, for which the persons involved shall be fined by the
administrative departments for industry and commerce, and the cultural relics
in question and the illegal earnings derived therefrom may also be
confiscated;

    (8) selling or presenting as gifts without permission any cultural relics
in their collection by museums, libraries or like institutions under public
ownership to other museums, libraries and like institutions under public
ownership, for which, the institutions involved shall be instructed by the
departments for cultural administration to recover the cultural relics sold
or presented as gifts and shall have the illegal earnings derived therefrom
confiscated or shall be fined; and the persons in charge and the persons
directly responsible shall be given administrative sanctions by the units to
which they belong or their higher authorities.

    Anyone who is not satisfied with the administrative sanctions made in
accordance with the provisions of the preceding paragraph may apply for
reconsideration or bring a lawsuit according to law.

    Article 31  Persons who commit any of the following acts shall be
investigated for criminal responsibility according to law:

    (1) misappropriating or stealing cultural relics of the State;

    (2) smuggling cultural relics, the export of which is prohibited by the
State, or serious cases of speculation in cultural relics;

    (3) wilful damage of valuable cultural relics or places of cultural and
historical interest under State protection;

    (4) excavating and robbing sites of ancient culture or ancient tombs; or

    (5) damage of, or losses to valuable cultural relics caused by the
dereliction of duty on the part of State functionaries.

    Selling or presenting as gifts without permission any cultural relics in
their collection by museums, libraries or like institutions under public
ownership to any institution not under public ownership or to any individual,
for which the persons in  charge and the persons directly responsible shall
be investigated for criminal responsibility by applying mutatis mutandis the
provisions of Article 187 of the Criminal Law.

    State functionaries who, by abusing their power, illegally appropriate
any cultural relics under State protection shall be deemed as embezzlers and
punished as such; those who have caused serious damage of or losses to
valuable cultural relics shall be investigated for criminal responsibility by
applying mutatis mutandis the provisions of Article 187 of the Criminal Law.

    Any organization or individual who, without permission, sells or presents
as a gift to a foreigner any valuable cultural relics in its, his or her
collection, the export of which is prohibited by the State, shall be deemed
as smuggler and punished as such.

    Personnel in charge of cultural relics who steal cultural relics placed
under their care shall be given heavier punishment according to law.






CIVIL PROCEDURE LAW






Law of Civil Procedure of the People’s Republic of China

    

(Adopted by the fourth session of the seventh National People’s Congress on 9th April 1991)

Part One General Principles

Chapter I. Tasks, Scope of Application and Basic Principles

   Article 1. The Law of Civil Procedure of the PRC takes the Constitution as its basis. It is enacted in the light of China’s experience in handling
civil cases and the actual conditions.

   Article 2. The tasks of the Law of Civil Procedure of the PRC are to protect the party from a lawsuit in exercising its litigant rights and
to ensure that the People’s Court establishes the truth based on facts, distinguishes right from wrong, applies laws correctly, handles
civil cases promptly, ascertains the relationship between civil rights and obligations, takes sanctions against civil violations,
safeguards the legitimate rights and interests of the party to a lawsuit, educates the citizens to abide conscientiously by the law,
safeguards social and economic order and ensures the smooth progress of socialist construction.

   Article 3. Provisions of the Law apply to civil lawsuits between citizens, between legal persons and between other organizations, as well as
among them, filed because of property and personal relationship, and are handled by the People’s Court.

   Article 4. Civil proceedings within the territory of the PRC shall abide by this Law.

   Article 5. In filing a lawsuit and responding to a lawsuit in the People’s Court, foreigners, people without nationality, foreign enterprises
and other organizations shall have the same equal litigant rights and obligations as the citizens, legal persons and other organizations
of the PRC.

Should the court of a foreign country restrict the civil litigant rights of the citizens, legal persons and other organizations of
the PRC, the People’s Court of the PRC shall exercise a reciprocal principle on the civil litigant rights of the citizens, enterprises
and other organizations of that country.

   Article 6. The judicial authority over civil cases is exercised by the People’s Court.

In civil proceedings, the People’s Court administers justice independently according to law, subject to no interference by administrative
organs, organizations or individuals.

   Article 7. In civil proceedings, the People’s Court shall base itself on facts and take the law as the criterion.

   Article 8. In civil proceedings, the litigants shall have equal litigant rights. In handling a civil case, the People’s Court shall ensure and
make it convenient for the litigants to exercise their litigant rights; in the application of the law, the litigants are deemed as
equals.

   Article 9. In civil proceedings, the People’s Court shall promote mediation in accordance with the principle of voluntariness and legitimacy;
a court decision shall be made promptly when mediation has failed.

   Article 10. In civil proceedings, the People’s Court practices the system of collegiate bench, withdrawal and public trial, and the system of
two instances, the first and the final.

   Article 11. Citizens of all nationalities have the right to use their own languages, spoken or written, in civil proceedings.

In districts compactly inhabited by a minority nationality or by a number of nationalities, the People’s Court shall hear cases and
issue legal documents in the commonly used language in the locality.

The People’s Court shall provide interpretation for a litigant participant unacquainted with the spoken or written language commonly
used in the locality.

   Article 12. When the People’s Court is hearing a civil case, the litigant has the right of debate.

   Article 13. Litigants have the right of disposing of their own civil rights and litigant rights within the limits prescribed by law.

   Article 14. The People’s Procuratorate has the right of legal supervision over the trials of civil cases.

   Article 15. Organs, social organizations, enterprises and institutions may support the injured units or individuals to file a suit with the People’s
Court against acts that damaged the civil rights or interests of the state, collectives or individuals.

   Article 16. The People’s Mediation Committee is a mass organization that mediates civil disputes under the guidance of the ground-level people’s
government and ground-level people’s court.

The People’s Mediation Committee conducts mediation according to the law and the principle of voluntariness. Litigants shall honor
the agreement reached through mediation; those who do not wish to mediate, or fail to reconcile their difference, or go back on their
word, may file a suit at the People’s Court.

The People’s Court shall correct any violations of law committed by the People’s Mediation Committee during mediation.

   Article 17. The People’s Congress of ethnic autonomous regions may draft flexible or supplementary provisions in accordance with the principles
incorporated in the Constitution and this Law, as well as the specific ethnic conditions in their localities. The provisions of an
autonomous region shall be reported to the NPC Standing Committee for ratification. The provisions of an autonomous prefecture and
county shall be reported to the standing committee of the provincial or autonomous regional people’s congress for ratification, and
to the NPC Standing Committee for the record.

Chapter II. Jurisdiction

Section One: Differentiated Jurisdiction

   Article 18. Unless otherwise stipulated in this Law, the ground-level people’s court is competent to rule on the first instance of civil cases.

   Article 19. The intermediate people’s court is competent to rule on the first instance of the following cases

(1) Major cases involving foreigners;

(2) Cases of great impact within its jurisdiction;

(3) Cases determined by the Supreme People’s Court as coming under its jurisdiction.

   Article 20. The Higher People’s Court is competent to rule on the first instance of civil cases having great impact within its jurisdiction.

   Article 21. The Supreme People’s Court is competent to rule on the first instance of the following civil cases

(1) Cases having great impact nationwide;

(2) Cases it deems necessary to try.

Section Two: Regional Jurisdiction

   Article 22. A civil suit against a citizen comes under the jurisdiction of the people’s court at the place where the defendant is domiciled;
where the defendant’s domicile and regular abode is different, the case comes under the jurisdiction of the people’s court at the
place of his regular abode.

A civil suit against an institution or any other organization comes under the jurisdiction of the people’s court at the place where
the defendant is registered.

When the domiciles and regular abodes of several defendants in the same civil suit come under the jurisdiction of two or more people’s
courts, they all have the right of jurisdiction.

   Article 23. The following civil suits come under the jurisdiction of the people’s court at the place where the plaintiff is domiciled; where
the plaintiff’s domicile and regular abode is different, the case comes under the jurisdiction of the people’s court at the place
of his regular abode

(1) Actions concerning the identity of persons who do not reside within the domain of the PRC;

(2) Actions concerning the identity of persons whose whereabouts are unknown or who have been declared missing;

(3) Actions against persons undergoing re-education through labor;

(4) Actions against persons in prison.

   Article 24. Actions arising from disputes over contracts come under the jurisdiction of the people’s court at the place of their signing or the
place of their implementation.

   Article 25. The two parties to a contract may specify in writing, the jurisdiction of the people’s court of their choice with regard to the defendant’s
registered address, the place for honoring the contract, the place where the contract is signed, the plaintiff’s registered address
and the place of the tendered object, but they must not violate the provisions on differentiated jurisdiction and special jurisdiction
in this Law.

   Article 26. Actions arising from disputes over insurance contracts come under the jurisdiction of the people’s court at the place of the defendant’s
registered address, or at the place of the insured objects.

   Article 27. Actions arising from disputes over negotiable instruments come under the jurisdiction of the people’s court at the place where the
payment is to be made, or at the place where the defendant domiciled.

   Article 28. Actions arising from disputes over contracts concerning rail, road, water, air or through transportation come under the jurisdiction
of people’s court at the place of departure, destination or the place where the defendant is registered.

   Article 29. Actions against acts of encroachment come under the jurisdiction of the people’s court at the place where such acts are committed
or at the place where the defendant is domiciled.

Articles 30. Actions claiming compensation for damage arising from rail, road, water and air accidents come under the jurisdiction
of the people’s court at the place where such accidents occurred, or at the place where the vehicles or ships first arrived, or at
the place where the aircraft first landed, or at the place where the defendant is registered.

   Article 31. Actions claiming compensation for damage from ship collisions or other maritime accidents come under the jurisdiction of the people’s
court at the place where such collisions took place, or at the port where the damaged ship first arrived, or at the port where the
ship responsible for the damage is detained or registered.

   Article 32. Actions claiming salvage money come under the jurisdiction of the people’s court at the place of the salvage or at the port where
the salvaged ship first arrived.

   Article 33. Actions claiming common sea damage come under the jurisdiction of the people’s court at the port where the ship first arrived, or
at the place where common sea damage is settled, or at the port where the journey ends.

   Article 34. The following cases come under the special jurisdiction of the people’s court provided for by this article:

(1) Actions started on account of disputes over immovable property come under the jurisdiction of the people’s court at the place
of the immovable property;

(2) Actions started on account of disputes arising from harbor operations come under the jurisdiction of the people’s court at the
place of the harbor;

(3) Actions started on account of disputes over inheriting property come under the jurisdiction of the people’s court at the place
of the residence of the benefactor at the time of his death or the place of the principal property.

   Article 35. Where an action comes under the jurisdiction of two or more people’s courts, the plaintiff may file a suit at any of them; where
the plaintiff brings an action with two or more people’s courts which are competent, the case shall be handled by the people’s court
that is the first to place the case on file.

Section Three: Transferred Jurisdiction and Designated Jurisdiction

   Article 36. When a people’s court becomes aware that the case it is handling does not come under its jurisdiction, it shall transfer the case
to the competent people’s court which shall handle the case. When a people’s court considers that, according to the rules, it does
not have the right of jurisdiction over a case referred to it, it shall request the superior people’s court level to designate the
jurisdiction and shall make no further transfer by itself.

   Article 37. Where the competent people’s court is unable to perform its right of jurisdiction on special accounts.

Where the right of jurisdiction is in dispute between people’s courts, it shall be resolved through consultation by the two parties
involved; where consultation has failed, they shall request their common superior people’s court to designate the jurisdiction.

   Article 38. Where a party has an objection to the right of jurisdiction after the case is accepted by the people’s court, the party shall raise
its objection at the time of submitting a written reply. The people’s court shall examine the objection raised by the party. Where
the objection is tenable, a ruling shall be made to transfer the case to the competent people’s court; where the objection is untenable,
it shall reject the objection.

   Article 39. A superior people’s court has the right to conduct as the first instance the trial of a civil case which is under the jurisdiction
of an inferior people’s court; it may also refer a civil case under its own jurisdiction of first instance to an inferior people’s
court for trial.

Where an inferior people’s court considers that a civil case of first instance under its jurisdiction should be tried by a superior
people’s court, it may request that the case be referred to the latter.

Chapter III. Trial Group

   Article 40. In civil cases of first instance in the people’s court, justice is administered by a collegiate bench made up of either judges and
assessors, or only of judges. Members of the collegiate bench must total an odd number.

In civil cases where simple procedures are applicable, justice is administered by one judge independently.

Assessors during the exercise of their functions have equal rights and obligations with the judges.

   Article 41. In civil cases of second instance in the people’s court, justice is administered by a collegiate bench made up of judges. Members
of the collegiate bench must total an odd number. The trial de novo of a case returned shall be conducted by a newly organized collegiate
bench in the trial court in accordance with the procedure of first instance.

A case originally of first instance shall be tried de novo by a newly organized collegiate bench in accordance with the procedure
of first instance; a case originally of second instance shall be tried de novo by a newly organized collegiate bench in accordance
with the procedure of second instance.

   Article 42. The presiding judge of the collegiate bench shall be appointed by the president of the court or by a chief judge from among the judges;
where the president of the court or the chief judge takes part in the trial, he shall act as the presiding judge.

   Article 43. The principle of the minority being subordinate to the majority is followed in the deliberation of the collegiate bench. The minutes
of the deliberation shall be made and signed by all members of the collegiate bench. Differing opinions must be recorded accurately.

   Article 44. Judges shall handle cases impartially and in accordance with the law.

Judges may not accept dinner invitations or gifts from the litigants or their legal representatives.

The legal liability of judges, who take bribes, practice favouritism, engage in fraudulent practices and bend the law in administering
justice, shall be pursued. In cases where such acts constitute crimes, the criminal liability involved shall be investigated pursuant
to the law.

Chapter IV. Withdrawal

   Article 45. In any of the following circumstances, a judge must withdraw from the exercise of his functions, and a litigant is enpost_titled to challenge
him in verbal or written form

(1) Where he is a litigant in the case or a close relative of a litigant or his legal representative;

(2) Where he has an interest in the case;

(3) Where he has other relations with a litigant, which may affect fairness in the administration of justice.

The provisions of the preceding paragraph are applicable to recording clerks, interpreters, expert witnesses and inspectors.

   Article 46. In challenging, a litigant shall submit the reasons at the beginning of the hearing; where the cause of the withdrawal is learned
after the hearing commences, the challenge may be raised before the conclusion of arguments in court.

Except for emergency measures required by the case, the person who is thus challenged shall temporarily stop exercising his functions
in the case before a people’s court makes a decision on the challenge.

   Article 47. The withdrawal of a court president who serves as the presiding judge shall be decided by a judicial committee, while that of a judge
shall be decided by the president; the withdrawal of other personnel shall be decided by the presiding judge.

   Article 48. A people’s court shall make a verbal or written decision on a litigant’s application for withdrawal within three days of filing the
application. If the applicant is dissatisfied with the decision, he may apply for reconsideration upon receipt of the decision. During
the period of reconsideration, the person who is challenged shall not stop exercising his functions in the case. The people’s court
shall make a decision on reconsideration and notify the applicant accordingly within three days of receiving the application.

Chapter V. Litigant Participants

Section One: Litigants

   Article 49. Citizens, legal persons and other organizations may act as litigants in civil proceedings.

A legal person shall be represented by his legal representative in the proceedings, while other organizations shall be represented
by their principal leaders.

   Article 50. A litigant has the right to entrust his representative with applying for withdrawal, collecting and presenting evidence, taking part
in arguments, requesting mediation, filing an appeal and requesting execution.

A litigant may inspect materials pertaining to the case, and copy such materials and legal documents. The extent to which materials
pertaining to the case can be inspected and copied, and the methods for doing so, shall be specified by the Supreme People’s Court.

A litigant must exercise his rights in accordance with the law, observe procedural order, and implement any legally binding verdict,
ruling and mediation agreement.

   Article 51. Litigants of the two parties may reconcile of their own accord.

   Article 52. The plaintiff may abandon or alter his request for litigation. The defendant may admit or retort the request, and has the right to
file a counter suit.

   Article 53. A joinder is a case in which the litigants of one or both parties involve two or more people with common litigant objects or objects
of the same type, and which a people’s court deems appropriate to handle together after obtaining the litigants’ consent.

Where the litigants of one party in a joinder have common rights and obligations regarding the litigant objects, the litigant acts
of one of them are binding on the others if the latter recognize the acts; where the litigants have no common rights or obligations
regarding the litigant objects, the litigant acts of any of them are not binding on the others.

   Article 54. The litigants of one party involving many people in a joinder may name a representative to handle the litigation. The representative’s
litigant acts are binding on the litigants he represents. However, the consent of the litigants thus represented must be obtained
when it comes to changing the representative, abandoning the request for litigation, recognizing the other party’s request for litigation
and seeking reconciliation.

   Article 55. Where a case exists in which the litigants are two or more in number with litigant objectives of the same type, but the exact number
is still not determined at the time of litigation, the people’s court may issue a public notice explaining the case and litigant
request and notifying those who have the right to join the litigation to register with the people’s court within a prescribed period.

The registered litigants may elect a representative; if they are unable to elect a representative, the court shall choose a representative
through consultation with the registered litigants.

The litigation acts of the representative are binding on the litigants he represents. When the representative acts to alter or abandon
the litigant request, recognize the litigant request of the other party, or reconcile, he must have the approval of the litigants
he represents.

The judgment or ruling of the people’s court is binding on all the registered individuals who have the right to join; it is also binding
on those with the right to join who did not take part in the registration but apply to start an action within the prescribed litigation
period.

   Article 56. A third party who deems himself enpost_titled to an independent request with regard to the litigant objectives of both parties has the
right to start an action.

Where a third party is not enpost_titled to an independent request as regards the litigant objectives in dispute, but is legally interested
in the results of the civil proceedings, he may apply to take part in the action or the people’s court may notify him to do so. A
third

party who is ordered to accept civil responsibility by the people’s court has the rights and obligations of a litigant.

Section Two: Litigant Representatives

   Article 57. Where the litigant is incapable of litigant action, he may be represented by his legal representative; where he has no legal representatives,
the people’s court shall appoint a representative for him. Where the legal representatives shirk the representation responsibilities
among themselves, the people’s court shall appoint one of them to represent the litigant in the action.

   Article 58. Litigants or legal representatives may entrust one or two persons to represent them in the action.

Lawyers, close relatives of the litigants, persons recommended by social organizations or the units where the litigants work, or other
citizens approved by the people’s court may be entrusted as litigant representatives.

   Article 59. Where a representative is entrusted in the action, a letter of attorney signed or sealed by the party that entrusted the representative
must be presented to the people’s court.

The letter of attorney must list the items of trust and the limit of powers. Where the litigant representative acts to recognize,
abandon or alter the litigant request, lodge a counter-charge or file an appeal, he must have the special authorization of the represented.

The letter of attorney from a Chinese citizen residing abroad must be certified by the Chinese embassy or consulate in the said country.
If there is no Chinese embassy or consulate, it should be certified by the embassy or consulate of a third country that has diplomatic
relations with China and then delivered to the Chinese embassy or consulate in that third country for certification, or it may be
certified by a patriotic overseas Chinese organization.

   Article 60. Where the power of a litigant representative is changed or removed, the litigant shall inform the people’s court in writing, and
the latter shall notify the litigant of the other party.

   Article 61. Lawyers acting as litigant representatives or other representatives of the litigant have the rights to investigate, collect evidence
and inspect the files of the case in question. The scope and procedure for inspecting the files of the case in question shall be
formulated by the Supreme People’s Court.

   Article 62. The parties involved in divorce cases shall appear before the court, except those incapable of expressing themselves, even though
there are litigant representatives; where the party is unable to appear before the court in special circumstances, he or she must
present his or her views in written form to the people’s court.

Chapter VI. Evidence

   Article 63. Evidence falls into the following categories

(1) Documentary evidence;

(2) Material evidence;

(3) Video and audio material;

(4) Testimony of witnesses;

(5) Statement by litigants;

(6) Conclusion of expert corroborations;

(7) Records of inspection.

T SIZE=”-1″>None of the aforementioned evidence shall serve as the basis of establishment of facts before it has been ascertained
and verified.

   Article 64. Litigants are obliged to present evidence for their assertions.

The people’s court shall investigate and collect evidence which litigants and their representatives cannot collect because of objective
reasons, or evidence which the people’s court deems necessary for the hearing.

The people’s court shall, in accordance with the legal procedure, examine and verify the evidence fully and objectively.

   Article 65. The people’s court has the right to acquire evidence from the relevant units and individuals, and they shall not refuse it.

The people’s court shall examine the documents provided as evidence by relevant units and individuals, distinguish the true from the
false and determine validity.

   Article 66. The evidence shall be displayed and cross-examined by the litigants at the court. Evidence involving state secrets, commercial secrets
and personal secrets shall be kept confidential. Where it is necessary to display such evidence, it shall not be done in public hearing.

   Article 67. The people’s court shall acknowledge the validity of legal acts, legal facts and documents that have been notarized through legal
procedure, except those that can be overturned by counter-evidence.

   Article 68. Originals shall be presented as documentary or material evidence. Where there is indeed difficulty in presenting the originals, reproductions,
photos, copies or abridged versions may be presented.

Documentary evidence in foreign languages must be accompanied by a Chinese translation.

   Article 69. The people’s court shall distinguish the true from the false video and audio material, and, in conjunction with other evidence, determine
whether they can serve as the basis for the establishment of facts.

   Article 70. Whoever knows something about the case in question has the obligation to testify at the hearing. Leaders of the relevant units shall
support the witnesses to testify. Where the witness has difficulty in appearing at a hearing, he may present written testimony upon
the permission of the people’s court.

Those who are unable to express themselves accurately are unqualified to act as witnesses.

   Article 71. The people’s court shall examine the statement of a litigant in the light of the other evidence in the case and determine whether
it can serve as the basis of establishment of a fact.

Where a litigant refuses to make a statement, it shall not affect the establishment of facts in the case by the people’s court on
the basis of the evidence.

   Article 72. When the people’s court needs to corroborate special problems, it shall refer them to a legal corroboratory department; where there
is no legal corroboratory department, the people’s court shall designate a corroboratory department.

The corroboratory department and its designated expert witness have the right to acquaint themselves with the files of the case requiring
corroboration, and question the litigants and witnesses when necessary.

The corroboratory department and the expert witness shall submit a written conclusion of corroboration and sign or seal the corroboration
bill. Where it is corroborated by an expert witness, the bill shall be sealed by the unit where he works to prove his identity.

   Article 73. In inspecting material evidence or the scene, the inspector must produce the document of the people’s court and invite the local
basic organization or the litigant’s unit to send people to take part. The litigant or an adult member of his family shall be present
on the scene; if he refuses to be present, it shall not affect the inspection.

The relevant units and individuals, in accordance with the notice of the people’s court, have the obligation to protect the scene
and assist the inspection.

The inspector shall prepare a written record of the inspection and its results, which shall be signed or sealed by the inspector,
the litigant and the invited participants.

   Article 74. If the evidence should possibly be destroyed or lost, or if it would be difficult to obtain afterwards, the litigant participant
may request the people’s court for security of evidence; the people’s court may also take security measures on its own initiative.

Chapter VII. Period and Service

Section I: Period

   Article 75. The period includes the legal period and the period designated by the people’s court.

The period is computed in hours, days, months and years. The hour and the day from which the period begins are not included therein.

When the final day of the period falls on a holiday, the first day after the holiday shall be the date of the expiration of the period.

The period does not include the time of travel. Litigant documents which have been collected by the post office prior to the expiration
of the period are not deemed to be overdue.

   Article 76. Where the time limit has been exceeded owing to force majeure or other legitimate grounds, the litigant may, within 10 days after
the obstacle is removed, request an extension of the time limit; the people’s court shall decide on granting such a request.

Section II: Service

   Article 77. The service of litigant documents must be accompanied by a certificate of delivery upon which the addressee shall mark the date of
delivery and sign or seal.

The delivery date marked by the addressee on the certificate of delivery is the date of service.

   Article 78. Litigant documents shall be delivered directly to the addressee in person. When the addressee is a citizen and is absent, the documents
may be delivered to an adult member of his family who lives with him, and he shall sign upon delivery; when the addressee is a legal
person or other organizations, the legal representative of the legal person, the principal persons in charge of the organizations
or persons delegated by them shall accept the delivery and sign on their behalf; when the addressee delegates a litigant representative,
the documents shall be served upon this representative who shall sign upon delivery; and when the addressee already delegates a person
on

CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL OF THE NATIONAL DEVELOPMENT ZONES FOR HIGH AND NEW TECHNOLOGY INDUSTRIES AND RELEVANT POLICIES AND PROVISIONS

The State Council

Circular of the State Council Concerning the Approval of the National Development Zones for High and New Technology Industries and
Relevant Policies and Provisions

GuoFa [1991] No.12

March 6, 1991

In pursuance of the Decision of the Central Committee of the Communist Party of China on the Reform of the Science and Technology
System, a number of development zones for new and high technology industries have been successively established in recent years in
some large-and medium-sized technology-intensive cities and coastal areas, which have promoted the development of new and high technology
industries in our country. In order to act in the spirit of “further implementing the Torch Programme and managing well the development
zones for new and high technology,” as advocated in the Proposal of the Central Committee of the Communist Party of China on the
Formulation of the Ten-Year Programme and the Eighth Five-Year Plan for National Economic and Social Development so as to expedite
the development of new and high technology industries, the State Council has decided to designate another group of existing development
zones for new and high technology industries in various places as national development zones for new and high technology industries,
in addition to the Beijing Experimental Zone for the Development of New Technology Industries approved by the State Council in 1988,
and to bestow them preferential policies accordingly. The following are hereby notified:

1.

The State Council approves the designation, as examined and determined by the State Science and Technology Commission, of the following
21 development zones as the national ones for new and high technology industries:

Donghu New Technology Development Zone, Wuhan; Pukou Export-Oriented Development Zone for New and High Technologies, Nanjing; Nanhu
Science and Technology Development Zone, Shenyang; Tianjin New Technology Industries Park; Xi’an Development Zone for New Technology
Industries; Chengdu Development Zone for New and High Technology Industries; Weihai Torch Development Zone for High Technology Industries;
Zhongshan Torch Development Zone for High Technology Industries; Nanhu-Nanling New Technology Industries Park, Changchun; Harbin
High Technology Development Zone; Changsha Experimental Zone for the Development of Science and Technology; Fuzhou Science and Technology
Park; Tianhe Development Zone for New and High Technology Industries, Guangzhou; Hefei Science and Technology Industry Park; Chongqing
Development Zone for New and High Technology Industries; Hangzhou Development Zone for New and High Technology Industries; Guilin
Development Zone for New Technology Industries; Zhengzhou High Technology Development Zone; Ningwozhuang Experimental Zone for the
Development of New Technology Industries, Lanzhou; Shijiazhuang Development Zone for New and High Technology Industries; and Jinan
Development Zone for High Technology Industries.

2.

In addition, the Caohejin Development Zone for Newly-Emerged Technologies in Shanghai, Dalian New and High Technology Industries Park,
Shenzhen Science and Technology Industry Park, Xiamen Torch Development Zone for High Technology Industries and Hainan International
Science and Technology Industry Park, which have been respectively set up in the economic and technological development zones and
in the special economic zones, are also designated as the national development zones for new and high technology industries.

3.

The State Council authorizes the State Science and Technology Commission to be responsible for the examination and determination of
the bounds and the area of each national development zone for new and high technology industries, and for the relevant management
and specific guidance of each zone.

4.

The State Council approves the Requirements and Measures for the Acknowledgment and Determination of High and New Technology Enterprises
in the National Development Zones for High and New Technology Industries (Attachment I) and Interim Provisions on Policies for the
National Development Zones for High and New Technology Industries (Attachment II) both formulated by the State Science and Technology
Commission, and Provisions on the Tax Policy for the National Development Zones for High and New Technology Industries (Attachment
III) formulated by the State Administration of Taxation, which should all be observed and implemented.

5.

In the Beijing Experimental Zone for the Development of New Technology Industries, all transactions of business should be conducted
in accordance with the Interim Regulations of the Beijing Experimental Zone for the Development of New Technology Industries, except
for the magnitude control of investment in fixed assets and the reserved percentage of foreign exchange earned through exportation,
which should comply with the existing provisions.

It is of great significance for the readjustment of industrial structure, the promotion of the traditional industries transformation,
the improvement of labour productivity and the enhancement of international competitiveness to accelerate the commercialization and
industrialization of the achievements in high technology by relying on our own scientific and technical strength. All localities
and all relevant departments shall strengthen leadership over and give effective support to the development zones for new and high
technology industries and, in accordance with the relevant provisions and policies of the State, promote a sound development of new
and high technology industries of our country.

Attachment:

I: Requirements and Measures for the Acknowledgment and Determination of High and New Technology Enterprises in the National Development
Zones for New and High Technology Industries(omitted)

II: Interim Provisions on Policies for the National Development Zones for High and New Technology Industries(omitted)

III: Provisions on the Tax Policy for the National Development Zones for High and New Technology Industries(omitted)

 
The State Council
1991-03-06

 




LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON WATER AND SOIL CONSERVATION

The Standing Committee of the National People’s Congress

Law of the People’s Republic of China on Water and Soil Conservation

Order No. 49 [1991] of President

June 29, 1991

(Adopted at the 20th Meeting of the Standing Committee of the Seventh National People’s Congress on June 29, 1991 , Promulgated by
Order No. 49 of the President of the People’s Republic of China on June 29, 1991)

ContentsChapter I General Provisions

Chapter II Prevention

Chapter III Rehabilitation

Chapter IV Supervision

Chapter V Legal Responsibility

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated for the purpose of the prevention and control of soil erosion, the protection and rational utilization of water
and soil resources, the mitigation of disasters of flood, drought and sandstorm, the improvement of ecological environment and the
development of production.

Article 2

As used in this Law, the term ” water and soil conservation ” means preventive and rehabilitative measures taken against soil erosion
which is caused by natural factors or human activities.

Article 3

All units and individuals shall have the obligation to protect water and soil resources, prevent and control soil erosion, and also
have the right to report against any unit or individual that damages water and soil resources and causes soil erosion.

Article 4

The state shall, in relation to the work of water and soil conservation, implement the policy of prevention first, overall planning,
comprehensive prevention and control, adoption of measures suited to local conditions, strengthening management and stress on beneficial
results.

Article 5

The State Council and the local people’s governments at various levels shall regard the work of water and soil conservation as an
important duty, and adopt measures to ensure the prevention and control of soil erosion.

Article 6

The department of water administration under the State Council shall be in charge of the work of water and soil conservation throughout
the country. The departments of water administration under the local people’s governments at or above the county level shall be in
charge of the work of water and soil conservation in areas under their respective jurisdiction.

Article 7

The department of water administration under the State Council and those under the local people’s governments at or above the county
level shall, on the basis of investigation and assessment of water and soil resources, draw up water and soil conservation plans
in conjunction with other departments concerned. Such water and soil conservation plans shall be subject to the approval by the people’s
governments at the corresponding levels. Any water and soil conservation plan approved by the local people’s government at or above
the county level shall be submitted to the department of water administration under the people’s government at the next higher level
for the record. Any modification to be made to an approved water and soil conservation plan shall be re-submitted for approval to
the original approving department.

The people’s governments at or above the county level shall incorporate the tasks specified in the water and soil conservation plans
into their respective plans for national economic and social development, allocate special funds therefor and organize the implementation
thereof.

The people’s governments at or above the county level shall, in line with the actual conditions of soil erosion, designate key areas
on which preventive and rehabilitative efforts against soil erosion shall be focused.

Article 8

Units and individuals engaged in production and construction activities which may cause soil erosion must adopt measures to protect
the water and soil resources, and shall be responsible to take rehabilitative measures against the soil erosion resulted from their
production and construction activities.

Article 9

The people’s governments at various levels shall intensify the publicity of and education in water and soil conservation, and popularize
scientific knowledge concerning water and soil conservation.

Article 10

The state shall encourage the research in and raise the level of science and technology of water and soil conservation, popularize
the advanced technology in water and soil conservation, and train in a planned way scientific and technological personnel in the
field of water and soil conservation.

Article 11

Units and individuals that have made outstanding achievements in the prevention and control of soil erosion shall be awarded by the
people’s government.

Chapter II Prevention

Article 12

The people’s governments at various levels shall organize every citizen to engage in afforestation and encourage the planting of grass,
thereby enlarging forest-covered areas and increasing vegetation.

Article 13

The local people’s governments at various levels shall, in light of respective actual conditions, organize agricultural collective
economic organizations as well as state-owned agricultural, forest, and livestock farms to plant firewood forests, forage and green
manure crops, and to conduct in a planned way the closing of hillsides for facilitating afforestation and growing grass and the rotation
of closing and grazing periods, so as to check winds, fix drifting sand and preserve vegetation. Destroying forest or burning vegetation
for land reclamation and stripping vegetation and digging up tree stumps on steep hill slopes or in arid regions shall be prohibited.

Article 14

Reclamation of hillsides with a slope of over 25 degrees for cultivation of crops shall be prohibited.

The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may, in line with
the actual conditions of the areas under their respective jurisdiction, prescribe the reclamation-forbidden slope of below 25 degrees.

The specific area of the reclamation-forbidden slope shall be determined and announced by the local people’s government at the county
level.

Anyone who has conducted reclamation for cultivation of crops on the reclamation-forbidden slopes before the entry into force of this
Law shall, on the basis of capital farming construction and in the light of the actual conditions, gradually stop the cultivation
and, instead, plant trees, grow grass and restore the vegetation, or build terraced fields thereon.

Article 15

Anyone who reclaims waste hillsides with a slope of above 5 degrees but under the prescribed reclamation-forbidden degrees must obtain
prior approval from the department of water administration under the people’s government at the county level; anyone who intends
to reclaim waste hills lopes owned by the state may apply to the people’s government at or above the county level for going through
the procedures for land reclamation only after obtaining approval from the department of water administration under the people’s
government at the county level.

Article 16

Felling of forest trees must be carried out in a rational manner and in line with the local conditions, and clear felling shall be
strictly controlled. Preventive measures against soil erosion shall be adopted in the felling areas and on skid trails, and reforestation
shall be accomplished in good time after the felling. With respect to protective forests such as those for water supply conservation,
water and soil conservation, windbreak and sand-fixation, felling shall only be permitted for tending and regeneration of forests.

For and felling in a forest area, water and soil conservation measures, for the felling area, worked out in accordance with the provisions
of the preceding paragraph, must be included in the felling plan thereof. After the felling plan is approved by the department of
forestry administration, the water and soil conservation measures for the felling area shall be implemented under the supervision
of the departments of water administration and forestry administration.

Article 17

Water and soil conservation measures must be adopted to prevent soil erosion when preparations for afforestation, tending of young
growth, and cultivation of commodity trees such as oil-tea camellia and tung tree are done on hillsides with a slope of above 5 degrees.

Article 18

In the construction of a railway, highway or water project, the disturbance of vegetation shall be minimized; waste sand, rocks and
earth thus created must be disposed of in an area specially designated for the purpose, and shall not be dumped out into any river,
lake, reservoir or any ditch or canal other than the specially designated area; slope protection must be built or other land management
measures adopted on hillslopes within the frontage of the railway and highway; after the project is completed, trees must be planted
and grass grown on the earth-fetching area, excavated land surface and the exposed land surface for the disposition of waste sand,
rock and earth, in order to prevent soil erosion.

In the establishment of a mining or electrical power enterprise or any other large or medium-sized industrial enterprise, the abandoned
stripped topsoil, waste rock, tailings and residues must be disposed of in a specially designated area, and shall not be dumped out
into any river, lake, reservoir or any ditch or canal other than the specially designated area. If the vegetation is damaged on account
of the mining or construction, measures must be taken to rehabilitate the topsoil and vegetation, thereby preventing soil erosion.

Article 19

When the construction of a railway, highway or a water project is carried out, a mining or electrical power enterprise or any other
large or medium-sized industrial enterprise is established in a mountainous, hilly or sandstorm area, the environmental impact statement
for the project must include a water and soil conservation programme approved by the department of water administration. The water
and soil conservation programme shall be drawn up in accordance with the provisions of Article 18 of this Law.

Where a township collective mining enterprise is to be set up or an individual is to apply for mining, in accordance with the provisions
of the Law on Mineral Resources, in a mountainous, hilly or sandstorm area, a water and soil conservation programme approved by the
department of water administration under the people’s government at or above the county level must be submitted before the application
for going through the approving procedures for mining operation is made.

Water and soil conservation facilities in a construction project must be designed, constructed and put into operation simultaneously
with the principal part of the project. When a construction project is completed and checked for acceptance, the water and soil conservation
facilities shall be checked for acceptance at the same time, with personnel from the department of water administration participating.

Article 20

The local people’s governments at various levels shall take measures to strengthen the control over such production activities as
mining, earth-fetching, sand-digging and quarrying, so as to prevent soil erosion.

Earth-fetching, sand-digging and quarrying shall be prohibited in areas in danger of land-collapsing or land-sliding or where mudrock
flow is liable to occur. The scope of such areas shall be determined and announced by the local people’s governments at or above
the county level.

Chapter III Rehabilitation

Article 21

The people’s governments at or above the county level shall, in accordance with the water and soil conservation plans, organize competent
administrative departments and units concerned to engage in a planned way in the rehabilitation of soil erosion.

Article 22

In a water-eroded region, by taking a small river basin comprising the natural ravines and flanking hillslopes as a unit, a comprehensive
system for the prevention and control of soil erosion shall be set up on the basis of overall planning and comprehensive rehabilitation.

In a wind-eroded region, such measures as exploitation of water resources, water diversion for sand removal, planting of trees and
growing of grass, installation of artificial sandbreak and forest network shall be adopted to build a protective system for windbreak
and sand-fixation, thereby controlling hazards of sand storms.

Article 23

The state shall encourage the agricultural collective economic organizations and farmers in soil-eroded regions to carry out rehabilitation
of soil erosion, and shall also practice a policy of giving support as to fund, energy, grain, taxation, etc.; the specific measures
thereof shall be prescribed by the State Council.

Article 24

The local people’s governments at various levels shall organize agricultural collective economic organizations and farmers to manage
in a planned way the cultivated land with a slope of above 5 degrees but under the reclamation-forbidden degrees, by taking in line
with different conditions such water and soil conservation measures as regulating drainage systems, building terraced fields, and
practicing a method of cultivation conducive to water and soil conservation.

Article 25

In soil-eroded regions, any individual who contracts for the use of land owned by the collective shall include the responsibility
of rehabilitating soil erosion in the contract.

Article 26

The rehabilitation of soil erosion on barren hills, waste valleys, barren hillocks and desolated beaches may be contracted to agricultural
collective economic organizations, individual farmers or leaseholding household groups.

Where the rehabilitation of soil erosion on barren hills, waste valleys, barren hillocks or desolated beaches are contracted out,
contracts for the rehabilitation of soil erosion shall be concluded according to the principle of the benefits derived therefrom
to be enjoyed by the contractors for the rehabilitation.

The trees planted on account of the contracted rehabilitation and the fruits yielded therefrom shall belong to the contractors; and
the land expanded as a result of the contracted rehabilitation shall be used by the contractors.

The state shall protect the lawful rights and interests of the parties to a contract for rehabilitation. Within the term of the contracted
rehabilitation, if a contractor dies, his or her successor (s) may, in accordance with the agreements stipulated in the contract,
continue to undertake the contract.

Article 27

Any enterprise or institution must, in the course of construction or production, adopt water and soil conservation measures, and shall
be responsible for the rehabilitation of the soil eroded. If an enterprise or institution is unable to carry out the rehabilitation,
the department of water administration shall undertake the task, and the cost thus entailed shall be borne by the enterprise or institution
that has caused the soil erosion.

The expenses for the prevention and control of soil erosion arising in the course of construction shall be allocated from the capital
construction investment; the expenses for the prevention and control of soil erosion arising in the course of production shall be
allocated from the production cost.

Article 28

The people’s governments at or above the county level shall organize departments concerned to inspect for acceptance the water and
soil conservation facilities built and the trees and grass planted in soil-eroded regions.

The management and protection of water and soil conservation facilities, experimental sites, trees and grass planted and other rehabilitation
achievements shall be strengthened.

Chapter IV Supervision

Article 29

The department of water administration under the State Council shall establish a monitoring network for water and soil conservation,
so as to conduct monitoring and prediction of the nation- wide soil erosion developments and publicly announce the results thereof.

Article 30

Personnel in charge of supervision over water and soil conservation in the departments of water administration under the people’s
governments at or above the county level shall have the right to carry out on-the-spot inspection on the situations of soil erosion
and the prevention and control thereof in areas under their respective jurisdiction. Units and individuals that are being inspected
must truthfully report the situations and provide necessary working conditions for the inspection.

Article 31

Any dispute arising among regions over the prevention and control of soil erosion shall be solved through consultation; if no settlement
is reached through consultation, the case shall be handled by the people’s government at the next higher level.

Chapter V Legal Responsibility

Article 32

In the case of any violation of the provisions in Article 14 of this Law by cultivation crops on reclamation-forbidden hillslopes,
the department of water administration under the people’s government at the county level shall order the cessation of the reclamation
and the adoption of remedial measures, and may also impose a fine.

Article 33

Where any enterprise, institution, or agricultural collective economic organization, without approval of the department of water administration
under the people’s government at the county level, reclaims waste hillsides with a slope of above 5 degrees but under the reclamation-forbidden
degrees, the department of water administration under the people’s government at the county level shall order the cessation of the
reclamation and the adoption of remedial measures, and may also impose a fine.

Article 34

In the case of earth-fetching, sand-digging or quarrying in areas in danger of land-collapsing or land-sliding or where mud-rock flow
is liable to occur, as designated by the local people’s government at or above the county level, the department of water administration
under the people’s government at or above the county level shall order the cessation of the above law-breaking acts and the adoption
of remedial measures, and shall also impose a fine.

Article 35

In the case of tree-felling in forest areas without adopting water and soil conservation measures, thus causing serious soil erosion,
the department of water administration shall report thereon to the people’s government at or above the county level for a decision
to order a rectification within a fixed period of time and the adoption of remedial measures, and shall also impose a fine

Article 36

Any enterprise or institution that causes soil erosion in the course of construction or production and fails to carry out rehabilitation
may, in light of the harmful consequences thus entailed, be punishable with a fine or be instructed to suspend its business for rehabilitation;
the responsible persons concerned shall be subjected to administrative sanctions by the unit where they work or by the competent
departments at higher levels.

The imposition of a fine shall be subject to a decision by the people’s government at the county level on a report submitted by the
department of water administration under the people’s government at the county level. The decision on ordering the suspension of
business for rehabilitation shall be made by the people’s government at the municipal or county level; the suspension of business
for rehabilitation for an enterprise or institution directly under the Central Government or a people’s government at the provincial
level shall be reported to the State Council or the provision people’s government for approval.

Any individual who engages in mining causes soil erosion and fails to carry out rehabilitation shall be punished in accordance with
the provisions of the preceding two paragraphs.

Article 37

Whoever hinders, by use of violence or threat, the performance of duty according to Law by personnel in charge of supervision over
water and soil conservation shall be investigated for criminal responsibility according to law; those who refuse to accept or hinders
the performance of duty by personnel in charge of supervision over water and soil conservation, but without resorting to violence
or use of threat, shall be punished by the public security organ in accordance with the Regulations on Administrative Penalties for
Public Security.

Article 38

If any party is not satisfied with the decision on administrative sanctions, it may, within 15 days after the receipt of the notice
of sanctions, apply for reconsideration to the organ at the next higher level over the one that has made the decision. The party
may also directly bring a suit in a people’s court within 15 days after the receipt of the said notice.

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

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

Article 39

Any individual or unit that causes damage from soil erosion shall bear the responsibility of removing the damage, and shall compensate
the units and individuals that have directly suffered the damage.

Any dispute over the liability or amount of compensation may, upon the request by a party, be dealt with by the department of water
administration; if the party is not satisfied with the decision thus made, it may bring a suit in a people’s court. The party may
also directly bring a suit in a people’s court.

In case of irresistible natural disasters, if damage from soil erosion cannot be avoided despite of taking reasonable measures promptly,
the individual or unit concerned shall be exempted from responsibility.

Article 40

In case a person in charge of supervision over water and soil conservation derelicts his or her duty or abuses his or her power and
thus brings losses to the public property or the interests of the state and the people, administrative sanctions shall be enforced
by the unit to which the offender belongs or by the competent department at a higher level; if the offence constitutes a crime, the
offender shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 41

The State Council shall for mutate the implementing regulations in accordance with this Law.

The standing committees of the people’s congresses of the provinces, autonomous regions and municipalities directly under the Central
Government may, in accordance with this Law and in the light of the respective actual conditions, formulate measures of implementation.

Article 42

This Law shall enter into force as of the date of promulgation. The Regulations on the Work of Water and Soil Conservation promulgated
by the State Council on June 30, 1982 shall be annulled on the same date.



 
The Standing Committee of the National People’s Congress
1991-06-29

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...