Home China Laws 1997 Page 3

1997

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

The Standing Committee of the National People’s Congress

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

No.53

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

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

October 30, 1991

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

Chapter II Entry Quarantine

Chapter III Exit Quarantine

Chapter IV Transit Quarantine

Chapter V Quarantine of Materials Carried by Passengers or by Post

Chapter VI Quarantine of Means of Transport

Chapter VII Legal Responsibility

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1

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

Article 2

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

Article 3

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

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

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

Article 4

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

(1)

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

(2)

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

(3)

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

(4)

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

Article 5

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

(1)

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

(2)

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

(3)

Animal carcasses; and

(4)

Soil.

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

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

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

Article 6

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

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

Article 7

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

Article 8

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

Article 9

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

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

Chapter II Entry Quarantine

Article 10

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

Article 11

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

Article 12

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

Article 13

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

Article 14

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

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

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

Article 15

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

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

Article 16

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

(1)

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

(2)

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

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

Article 17

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

Article 18

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

Article 19

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

Chapter III Exit Quarantine

Article 20

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

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

Article 21

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

Article 22

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

(1)

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

(2)

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

(3)

Where the stipulated valid period of quarantine is exceeded.

Chapter IV Transit Quarantine

Article 23

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

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

Article 24

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

Article 25

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

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

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

Article 26

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

Article 27

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

Chapter V Quarantine of Materials Carried by Passengers or by Post

Article 28

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

Article 29

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

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

Article 30

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

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

Article 31

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

Article 32

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

Article 33

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

Chapter VI Quarantine of Means of Transport

Article 34

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

Article 35

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

Article 36

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

Article 37

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

Article 38

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

Chapter VII Legal Responsibility

Article 39

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

(1)

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

(2)

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

(3)

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

Article 40

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

Article 41

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

Article 42

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

Article 43

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

Article 44

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

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

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

Article 45

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

Chapter VIII Supplementary Provisions

Article 46

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

Article 47

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

Article 48

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

Article 49

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

Article 50

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

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

REGULATIONS FOR THE IMPLEMENTATION OF THE COPYRIGHT LAW

Regulations for the Implementation of the Copyright Law of the PRC

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II COPYRIGHT ADMINISTRATIVE AUTHORITIES

CHAPTER III OWNERSHIP AND EXERCISE OF COPYRIGHT

CHAPTER IV COPYRIGHT LICENCING CONTRACTS

CHAPTER V EXERCISE OF AND LIMITATIONS ON RIGHTS RELATED TO

CHAPTER VI ADMINISTRATIVE SANCTIONS

CHAPTER VII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER II COPYRIGHT ADMINISTRATIVE AUTHORITIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION II INHERITANCE OF COPYRIGHT

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION IV LIMITATIONS ON RIGHTS

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

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

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

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

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

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

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

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

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

CHAPTER IV COPYRIGHT LICENCING CONTRACTS

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

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

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

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

CHAPTER V EXERCISE OF AND LIMITATIONS ON RIGHTS RELATED TO COPYRIGHT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER VI ADMINISTRATIVE SANCTIONS

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

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

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

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

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

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

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

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

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

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

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

CHAPTER VII SUPPLEMENTARY PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) the situation of pollutants discharging;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

National People’s Congress on June 29, 1991, promulgated by Order No.48 of the
President of the People’s Republic of China on June 29, 1991, and effective
as of June 29, 1991)(Editor’s Note: This Decision has been invalidated by the
Criminal Law of the People’s Republic of China revised at the Fifth Session of
the Eighth National People’s Congress on March 14, 1997, and effective on
October 1, 1997)

The 20th Meeting of the Standing Committee of the Seventh National
People’s Congress decides to make the following provisions supplementary to
the Criminal Law:

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

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

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

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

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

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

REGULATIONS FOR THE IMPLEMENTATION OF COPYRIGHT LAW

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 1 Ownership of Copyright

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 2 Inheritance of Copyright

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

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

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

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

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

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

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

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

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

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

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

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

Section 4 Limitations on Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ADOPTION LAW

Category	MARRIAGE AND FAMILY	Organ of Promulgation	The Standing Committee of the National People’s Congress	Status of Effect	With An Amendment Existing
Date of Promulgation	1991-12-29	Effective Date	1992-04-01

ADOPTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Contents
Chapter I  General Provisions
Chapter II  Establishment of Adoptive Relationship
Chapter III  Validity of Adoption
Chapter IV  Termination of the Adoptive Relationship
Chapter V  Legal Responsibility
Chapter VI  Supplementary Provisions

(Adopted at the 23rd Meeting of the Standing Committee of the Seventh

National People’s Congress on December 29, 1991, promulgated by Order No. 54
of the President of the People’s Republic of China on December 29, 1991, and
effective as of April 1, 1992)(Editor’s Note: For the revised text,see the
Decision on the Revision of the Adoption Law of the People’s Republic of
China by the Standing Committee of the National People’s Congress
promulgated on November 4, 1998)
Contents

Chapter I General Provisions

Chapter II Establishment of Adoptive Relationship

Chapter III Validity of Adoption

Chapter IV Termination of the Adoptive Relationship

Chapter V Legal Responsibility

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted to protect the lawful adoptive relationship
and to safeguard the rights of parties involved in the adoptive relationship.

Article 2 Adoption shall be in the interest of the upbringing and growth
of adopted minors, in conformity with the principle of equality and
voluntariness, and not in contravention of social morality.

Article 3 Adoption shall not contravene laws and regulations on family
planning.
Chapter II Establishment of Adoptive Relationship

Article 4 Minors under the age of 14, as enumerated below, may be
adopted:

(1) orphans bereaved of parents;

(2) abandoned infants or children whose parents cannot be ascertained or
found; or

(3) children whose parents are unable to rear them due to unusual
difficulties.

Article 5 The following citizens or institutions shall be enpost_titled to
place out children for adoption:

(1) guardians of an orphan;

(2) social welfare institutions; or

(3) parents unable to rear their children due to unusual difficulties.

Article 6 Adopters shall meet simultaneously the following requirements:

(1) childless;

(2) capable of rearing and educating the adoptee; and

(3) having reached the age of 35.

Article 7 Any childless citizen who has reached the age of 35 may adopt
a child belonging to a collateral relative by blood of the same generation
and up to the third degree of kinship, irrespective of the restrictions
specified in Item (3), Article 4; Item (3), Article 5; and Article 9 of this
Law as well as the restriction of a minor under the age of 14.

An overseas Chinese, in adopting a child belonging to a collateral
relative by blood of the same generation and up to the third degree of
kinship, may even be not subject to the adopter’s childless status.

Article 8 The adopter may adopt one child only, male or female.

Orphans or disabled children may be adopted irrespective of the
restrictions that the adopter shall be childless, reach the age of 35 and
adopt one child only.

Article 9 Where a male person without spouse adopts a female child, the
age difference between the adopter and the adoptee shall be no less than
40 years.

Article 10 Where the parents intend to place out their child for
adoption, they must act in concert. If one parent cannot be ascertained or
found, the other parent may place out the child for adoption alone.

Where a person with spouse adopts a child, the husband and wife must
adopt the child in concert.

Article 11 Adoption of a child and the placing out of the child for the
adoption shall both take place on a voluntary basis.

Where the adoption involves a minor aged 10 or more, the consent of the
adoptee shall be obtained.

Article 12 If the parents of a minor are both persons without full civil
capacity, the guardian(s) of the minor may not place out him(her) for
adoption, except when the parents may do serious harm to the minor.

Article 13 Where a guardian intends to place out an orphaned minor for
adoption, the guardian must obtain the consent of the person who has
obligations to support the orphan. Where the person who has obligations to
support the orphan disagrees to place out the orphan for adoption, and the
guardian is unwilling to continue the performance of his guardianship, it is
necessary to change the guardian in accordance with the General Principles of
the Civil Law of the People’s Republic of China.

Article 14 A stepfather or stepmother may, with the consent of the
parents of the stepson or stepdaughter, adopt the stepson or stepdaughter,
and such adoption may be free from the restrictions specified in Item (3),
Article 4; Item (3), Article 5; and Article 6 of this Law, as well as from
the restriction that the adoptee must be under the age of 14.

Article 15 Whoever adopts an abandoned infant or child whose parents
cannot be ascertained or found or an orphan in the care of a social welfare
institution shall register the adoption with a civil affairs department.

Apart from the provisions of the preceding paragraph, a written agreement
on adoption shall be concluded by the adopter and the person placing out the
child for adoption in accordance with the terms on adoption and on placing
out a child for adoption provided by this Law. The adoption may also be
notarized. If the adopter or the person placing out the child for adoption
wishes that the adoption be notarized, the adoption shall be notarized.

Article 16 Orphans or children whose parents are unable to rear them may
be supported by relatives or friends of their parents.

The adoptive relationship shall not apply to the relationship between the
supporter and the supported.

Article 17 Where a spouse places out a minor child for adoption after
the death of the other spouse, the parents of the deceased shall have the
priority in rearing the child.

Article 18 Persons having placed out a child for adoption may not bear
any more child, in violation of the regulations on family planning, on the
ground of having placed out their child for adoption.

Article 19 It is strictly forbidden to buy or sell a child or to do so
under the cloak of adoption.

Article 20 A foreigner may, in accordance with this Law, adopt a child
(male or female) in the People’s Republic of China.

With respect to the adoption by a foreigner in the People’s Republic of
China, papers certifying such particulars of the adopter as age, marital
status, profession, property, health and whether subjected once to criminal
punishment shall be provided. Such certifying papers shall be notarized by a
notarial agency or notary of the country to which the adopter belongs, and
the notarization shall be authenticated by the Embassy or Consulate of the
People’s Republic of China stationed in that country. The adopter shall
conclude a written agreement with the person placing out the child for
adoption, register in person the adoption with a Chinese civil affairs
department and complete the procedure for notarizing the adoption at a
designated notarial agency. The adoptive relationship shall be established as
of the date of the notarization.

Article 21 When the adopter and the person placing out the child for
adoption wish to make a secret of the adoption, others shall respect their
wish and shall not make a disclosure thereof.
Chapter III Validity of Adoption

Article 22 As of the date of establishment of the adoptive relationship,
the legal provisions governing the relationship between parents and children
shall apply to the rights and duties in the relationship between adoptive
parents and adopted children; the legal provisions governing the relationship
between children and close relatives of their parents shall apply to the
rights and duties in the relationship between adopted children and close
relatives of the adoptive parents.

The rights and duties in the relationship between an adopted child and
his or her parents and other close relatives shall terminate with the
establishment of the adoptive relationship.

Article 23 An adopted child may adopt his or her adoptive father’s or
adoptive mother’s surname, and may also retain his or her original surname,
if so agreed through consultation between the parties concerned.

Article 24 Any act of adoption contravening the provisions of Article 55
of the General Principles of the Civil Law of the People’s Republic of China
and those of this Law shall be of no legal validity.

Any act of adoption ruled to be invalid by a people’s court shall be of
no legal validity from the very start of the act.
Chapter IV Termination of the Adoptive Relationship

Article 25 No adopter may terminate the adoptive relationship before the
adoptee comes of age, except when the adopter and the person having placed
out the child for the adoption agree to terminate such relationship. If the
adopted child involved reaches the age of 10 or more, his or her consent
shall be obtained.

Where an adopter fails to perform the duty of rearing the adoptee or
commits maltreatment, abandonment, or other acts of encroachment upon the
lawful rights of the minor adopted child, the person having placed out the
child for adoption shall have the right to demand termination of the adoptive
relationship. Where the adopter and the person having placed out the child
for adoption fail to reach an agreement thereon, a suit may be brought in a
people’s court.

Article 26 Where the relationship between the adoptive parents and an
adult adopted child deteriorates to such a degree that their living together
in a same household becomes impossible, they may terminate their adoptive
relationship by agreement. In the absence of an agreement, they may bring a
suit in a people’s court.

Article 27 To terminate an adoptive relationship, the parties concerned
shall conclude a written agreement. Where the adoptive relationship was
established through registration with a civil affairs department, the parties
shall complete the procedure for registering the termination of the adoptive
relationship at a civil affairs department. Where the adoptive relationship
was notarized, the parties shall have the termination of the adoptive
relationship also notarized at a notarial agency.

Article 28 Upon termination of an adoptive relationship, the rights and
duties in the relationship between an adopted child and his or her adoptive
parents and their close relatives shall also terminate, and the rights and
duties in the relationship between the child and his or her parents and their
close relatives shall be restored automatically. However, with respect to the
rights and duties in the relationship between an adult adopted child and his
or her parents and their close relatives, it may be decided through
consultation as to whether to restore them.

Article 29 Upon termination of an adoptive relationship, an adult adopted
child who has been reared by the adoptive parents shall provide an amount of
money to support the adoptive parents who have lost ability to work and are
short of any source of income. If the adoptive relationship is terminated on
account of the maltreatment or desertion of the adoptive parents by the
grown-up adopted child, the adoptive parents may demand a compensation from
the adopted child for the living and education expenses paid during the
period of adoption.

If the parents of an adopted child request the termination of the
adoptive relationship, the adoptive parents may demand an appropriate
compensation from the parents for the living and education expenses paid
during the period of adoption, except if the adoptive relationship is
terminated on account of the maltreatment or desertion of the adopted child
by the adoptive parents.
Chapter V Legal Responsibility

Article 30 Whoever abducts and traffics in a child under the cloak of
adoption shall be investigated for criminal responsibility in accordance with
the Decision of the Standing Committee of the National People’s Congress
Regarding the Severe Punishment of Criminals Who Abduct and Traffic in or
Kidnap Women or Children.

Whoever abandons an infant shall be imposed upon a fine of not more
than 1,000 yuan by a public security organ; if the circumstances are so
flagrant as to constitute a crime, the offender shall be investigated for
criminal responsibility in accordance with Article 183 of the Criminal Law.

Whoever sells his or her own child shall be punished in accordance with
the provisions in the second paragraph of this Article.
Chapter VI Supplementary Provisions

Article 31 The people’s congress and its standing committee in a
national autonomous area may, on the basis of the principles of this Law and
in the light of the local conditions, formulate adaptive or supplementary
provisions.

The relevant regulations of a national autonomous region shall be
submitted to the Standing Committee of the National People’s Congress for the
record. The relevant regulations of an autonomous prefecture or autonomous
county shall be submitted to the standing committee of the provincial or
autonomous region’s people’s congress for approval before coming into force,
and shall also be submitted to the Standing Committee of the National
People’s Congress for the record.

Article 32 The State Council may, in accordance with this Law, formulate
measures for its implementation.

Article 33 This Law shall enter into force as of April 1, 1992.

TOBACCO MONOPOLY LAW

Category	TOBACCO MONOPOLY	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	1992-01-01

Law of the People’s Republic of China on Tobacco Monopoly

Contents
Chapter I  General Provisions
Chapter II  Plantation, Purchase and Allocation of Leaf Tobacco
Chapter III  Production of Tobacco Products
Chapter IV  Sale and Transportation of Tobacco Products
Chapter V  Production and Sale of Cigarette Paper, Filter Rod, Cigarette
Chapter VI  Import and Export Trade and Foreign Economic and
Chapter VII  Legal Responsibility
Chapter VIII  Supplementary Provisions

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

National People’s Congress on June 29, 1991, promulgated by Order No. 46 of
the President of the People’s Republic of China on June 29, 1991, and
effective as of January 1, 1992)
Contents

Chapter I General Provisions

Chapter II Plantation, Purchase and Allocation of Leaf Tobacco

Chapter III Production of Tobacco Products

Chapter IV Sale and Transportation of Tobacco Products

Chapter V Production and Sale of Cigarette Paper, Filter Rod,

Cigarette Tow and Cigarette
Manufacturing Equipment

Chapter VI Import and Export Trade and Foreign Economic and

Technological Co-operation

Chapter VII Legal Responsibility

Chapter VIII Supplementary Provisions
Chapter I General Provisions

Article 1 This Law is enacted with a view to exercising tobacco monopoly
administration, organizing the production and management of tobacco monopoly
commodities in a planned way, improving the quality of tobacco products,
safeguarding consumers’ interests and ensuring the national revenue.

Article 2 As used in this Law, “tobacco monopoly commodities” refer to
cigarettes, cigars, cut tobacco, redried leaf tobacco, leaf tobacco,
cigarette paper, filter rods, cigarette tow and cigarette manufacturing
equipment.

Cigarettes, cigars, cut tobacco and redried leaf tobacco are generally
referred to as tobacco products.

Article 3 The State shall according to law exercise monopoly
administration over the production, sale, import and export of tobacco
monopoly commodities, and practice a tobacco monopoly license system.

Article 4 The department of tobacco monopoly administration under the
State Council shall be responsible for the nation-wide tobacco monopoly. The
departments of tobacco monopoly administration in the provinces, autonomous
regions and municipalities directly under the Central Government shall be
responsible for the tobacco monopoly within the areas under their respective
jurisdiction, and shall be under the dual leadership of the department of
tobacco monopoly administration under the State Council and the people’s
governments of the relevant provinces, autonomous regions and municipalities
directly under the Central Government, with the leadership of the department
of tobacco monopoly administration under the State Council as the main
leading authority.

Article 5 The State shall strengthen the scientific research and
technical development of tobacco monopoly commodities, so as to improve the
quality of tobacco products and reduce the content of tar and other hazardous
ingredients in such products.

The State and society shall intensify the publicity of and education in
the fact that smoking is hazardous to health, forbid or restrict smoking on
public traffic vehicles and in public places, dissuade teen-agers and
youngsters from smoking, and forbid primary school pupils and middle school
students from smoking.

Article 6 The State shall exercise administration of tobacco monopoly in
national autonomous areas, and shall, according to the relevant provisions of
this Law and the Law on Regional National Autonomy, take the interests of
national autonomous areas into account and give preferential treatment to the
plantation of leaf tobacco and the production of tobacco products in such
areas.
Chapter II Plantation, Purchase and Allocation of Leaf Tobacco

Article 7 For the purpose of this Law, the term “leaf tobacco” means
fluecured tobacco and selected air- and sun-cured tobacco needed for the
production of tobacco products. The catalogue of selected air- and sun-cured
tobacco items shall be determined by the department of tobacco monopoly
administration under the State Council.

Other air- and sun-cured tobacco items which are not included in the
abovementioned catalogue may be sold at rural or urban trade markets.

Article 8 In growing tobacco, good varieties of tobacco shall be
cultivated and popularized in line with the local conditions. Good varieties
of tobacco shall, after examination and approval by the national or
provincial tobacco evaluation committees, be supplied by local tobacco
companies.

Article 9 Leaf tobacco purchasing plans shall be assigned by the
planning departments of the local people’s governments at or above the county
level on the basis of the plans assigned by the planning department under the
State Council. No other organizations or individuals shall make any
modifications thereto.

Tobacco companies or their authorized agencies shall conclude leaf
tobacco purchasing contracts with tobacco growers. Any leaf tobacco
purchasing contract shall specify the agreed area for leaf tobacco plantation.

The purchasing prices of leaf tobacco shall be set, on a grading basis,
by the pricing authorities under the State Council in conjunction with the
department of tobacco monopoly administration under the State Council.

Article 10 A unified purchase of leaf tobacco shall be effected by
tobacco companies or their authorized agencies in accordance with the
standards and prices set by the State. No other organizations or individuals
may effect any leaf tobacco purchase.

Tobacco companies or their authorized agencies shall, after setting price
on a grading basis and according to the State-prescribed standards, purchase
all the leaf tobacco grown by leaf tobacco growers within the plantation
areas specified in the leaf tobacco purchasing contracts. The grades and
prices thereof shall not be forced down, and disputes arising from leaf
tobacco purchasing shall be dealt with properly.

Article 11 The plans for allocating leaf tobacco and redried leaf
tobacco among the provinces, autonomous regions and municipalities directly
under the Central Government shall be assigned by the planning department
under the State Council; the plans for allocating leaf tobacco and redried
leaf tobacco within areas under the jurisdiction of each province, autonomous
region or municipality directly under the Central Government shall be
assigned by the planning department of the relevant province, autonomous
region or municipality directly under the Central Government. No other
organizations or individuals may make any modifications thereto.

A contract must be concluded for any allocation of leaf tobacco or
redried leaf tobacco.
Chapter III Production of Tobacco Products

Article 12 The establishment of an enterprise producing tobacco products
shall be subject to the approval of the department of tobacco monopoly
administration under the State Council and the acquisition of a license for
the tobacco monopoly production enterprise, and then to the registration upon
its examination and approval by the administrative department for industry
and commerce; the splitup, merger or dissolution of an enterprise producing
tobacco products shall be subject to the approval of the department of
tobacco monopoly administration under the State Council and go through
formalities for the change and cancellation of the registration with the
administrative department for industry and commerce. The administrative
department for industry and commerce shall not approve and register an
enterprise that has not obtained a license for the tobacco monopoly
production enterprise.

Article 13 Capital construction or technological innovation to be
conducted by an enterprise producing tobacco products for expanding
production capacity shall be subject to the approval by the department of
tobacco monopoly administration under the State Council.

Article 14 The total annual production plans for cigarettes and cigars
of the provinces, autonomous regions and municipalities directly under the
Central Government shall be assigned by the planning department under the
State Council. The total annual production plans for cigarettes and cigars of
an enterprise producing tobacco products shall be assigned by the department
of tobacco monopoly administration at the provincial level on the basis of
the plans assigned by the planning department under the State Council and in
light of the marketing conditions. Local people’s governments shall not
assign additional production quotas to an enterprise producing tobacco
products. If an enterprise producing tobacco products, in light of the
marketing conditions, finds it necessary to manufacture cigarettes and cigars
exceeding the total annual production plans, it must obtain the approval of
the department of tobacco monopoly administration under the State Council.

The national tobacco company shall, on the basis of the total annual
production plans set by the planning department under the State Council,
assign cigarette output targets with grading and classification
specifications to the tobacco companies at the provincial level, which shall,
on the basis of the cigarette output targets with grading and classification
specifications set by the national tobacco company and in light of the
marketing conditions, assign cigarette output targets with grading and
classification specifications to the enterprise producing tobacco products.
An enterprise producing tobacco products may, in light of the marketing
conditions, make appropriate adjustments to the cigarette output targets with
grading and classification specifications, within the scope of the total
annual production plans of the enterprise.
Chapter IV Sale and Transportation of Tobacco Products

Article 15 Any enterprise which is to engage in the wholesale trade of
tobacco products shall be subject to the approval of the department of
tobacco monopoly administration under the State Council or the department of
tobacco monopoly administration at the provincial level, and the acquisition
of a license for the tobacco monopoly wholesale enterprise, and then to the
approval and registration by the administrative department for industry and
commerce.

Article 16 Any enterprise or individual that is to engage in the retail
trade of tobacco products shall be subject to the examination and approval
of, before the issuance of a license for tobacco monopoly retail trade by,
the administrative department for industry and commerce under the people’s
government at the county level on the commission of the department of tobacco
monopoly administration at the next higher level. In areas where departments
of tobacco monopoly administration at the county level have been set up, such
departments may, after their examination and approval, also issue tobacco
monopoly retail licenses.

Article 17 The department of tobacco monopoly administration under the
State Council shall, together with the pricing authorities under the State
Council, select on a grading basis cigarettes of certain brands as
indicators. The prices of such indicators shall be set by the pricing
authorities under the State Council together with the department of tobacco
monopoly administration under the State Council. The prices of nonindicator
cigarettes, of cigars and cut tobacco shall be fixed by the department of
tobacco monopoly administration under the State Council or by the departments
of tobacco monopoly administration of the provinces, autonomous regions and
municipalities directly under the Central Government, as authorized by the
department of tobacco monopoly administration under the State Council, and
shall be submitted for the record to the pricing authorities under the State
Council or to the pricing authorities under the people’s governments of the
relevant provinces, autonomous regions and municipalities directly under the
Central Government.

Article 18 The State shall lay down the tar content grading standards
for cigarettes and cigars. The packages of cigarettes and cigars shall
indicate the grade of tar content and that smoking is hazardous to your
health.

Article 19 Advertising for tobacco products shall be banned on
broadcasting stations, television stations, or in newspapers or periodicals.

Article 20 Applications must be made for the registration of trade marks
of cigarettes, cigars and packed cut tobacco, which shall not be manufactured
and marketed before the trade mark is registered upon approval.

The production and sale of tobacco products with counterfeit trade marks
shall be forbidden.

Article 21 Trade mark labels for tobacco products must be printed by
enterprises designated by the administrative department for industry and
commerce at the provincial level. Non-designated enterprises may not print
trade mark labels for tobacco products.

Article 22 Whoever consigns the transportation of tobacco monopoly
commodities to others or undertakes the transportation thereof by himself
must hold a transportation permit signed and issued by the department of
tobacco monopoly administration or its authorized agency; consignees may not
undertake the transportation for any consignor who does not hold a
transportation permit.

Article 23 Whoever sends by post or brings from another place leaf
tobacco or tobacco products shall not exceed the quantity limits prescribed
by the competent department under the State Council.

Article 24 Any individual who enters the territory of China shall not
carry tobacco products more than the quantity limits prescribed by the
competent department under the State Council.
Chapter V Production and Sale of Cigarette Paper, Filter Rod, Cigarette
Tow and Cigarette Manufacturing Equipment

Article 25 Any enterprise which is to engage in the production of
cigarette paper, filter rods, cigarette tow or cigarette manufacturing
equipment must apply to the department of tobacco monopoly administration
under the State Council for approval and obtain a license for the tobacco
monopoly production enterprise.

As used in this Law, the term “cigarette manufacturing equipment” means a
complete set of equipment for cigarette manufacturing.

Article 26 Any enterprise engaged in the production of cigarette paper,
filter rods, cigarette tow or cigarette manufacturing equipment shall
organize production in accordance with the plans assigned by the department
of tobacco monopoly administration under the State Council and the order
contracts concluded with the enterprises producing tobacco products.

Article 27 Any enterprise engaged in the production of cigarette paper,
filter rods, cigarette tow or cigarette manufacturing equipment may sell its
products only to tobacco companies or enterprises producing tobacco products
with the license for tobacco monopoly production enterprises.
Chapter VI Import and Export Trade and Foreign Economic and
Technological Co-operation

Article 28 The department of tobacco monopoly administration under the
State Council shall, in accordance with the relevant regulations of the State
Council, exercise control over tobacco industry’s import and export trade and
its foreign economic and technological cooperation.

Article 29 Any enterprise engaged in the import and export of tobacco
monopoly commodities, the consignment for sale of foreign tobacco products or
the purchase and sale of dutyfree foreign tobacco products within a customs
surveillance zone shall be subject to the approval of the department of
tobacco monopoly administration under the State Council or the department of
tobacco monopoly administration at the provincial level and must obtain a
special license for the tobacco monopoly operation enterprise.

Any enterprise with a special license for the tobacco monopoly operation
enterprise must, in accordance with the relevant regulations of the
department of tobacco monopoly administration under the State Council, submit
to the department the plans and statements about its purchases, sales and
stock.
Chapter VII Legal Responsibility

Article 30 Whoever, in violation of this Law, purchases leaf tobacco
without authorization shall be fined by the department of tobacco monopoly
administration, and the leaf tobacco illegally purchased shall be repurchased
by the said department at the price set by the State; if the illegal purchase
involves large quantities, the leaf tobacco purchased and the illegal income
derived therefrom shall be confiscated.

Article 31 Whoever transports or consigns to others the transportation
of tobacco monopoly commodities without a transportation permit, or in excess
of the quantity specified in the transportation permit, shall be fined by the
department of tobacco monopoly administration, and the tobacco monopoly
commodities thus involved may be purchased by the said department at the
price set by the State; if the circumstances are serious, the tobacco
monopoly commodities illegally transported and the illegal income derived
therefrom shall be confiscated.

A consignee who, knowing that the goods to be transported are tobacco
monopoly commodities, undertakes the transportation thereof for units or
individuals that do not hold transportation permits, shall be confiscated of
the illegal income derived therefrom by the department of tobacco monopoly
administration, with the concurrent punishment of a fine.

Whoever brings from another place leaf tobacco or tobacco products far in
excess of the quantity limits prescribed by the State shall be dealt with in
accordance with the provisions of the first paragraph of this Article.

Article 32 Where an enterprise that does not hold a license for the
tobacco monopoly production enterprise produces tobacco products, the
department of tobacco monopoly administration shall order it to close down,
confiscate the illegal income derived therefrom and concurrently impose
a fine.

Where an enterprise that does not hold a license for the tobacco monopoly
production enterprise produces cigarette paper, filter rods, cigarette tow or
cigarette manufacturing equipment, the department of tobacco monopoly
administration shall order it to stop the production of the said products,
confiscate the illegal income derived therefrom and may concurrently impose
a fine.

Article 33 Where an enterprise that does not hold a license for the
tobacco monopoly wholesale enterprise engages in the wholesale trade of
tobacco products, the department of tobacco monopoly administration shall
order it to close down or to stop the wholesale trade of tobacco products,
confiscate the illegal income derived therefrom and concurrently impose
a fine.

Article 34 Where an enterprise that does not hold a special license for
the tobacco monopoly operation enterprise engages in the import and export of
tobacco monopoly commodities, the consignment for sale of foreign tobacco
products, or the purchase and sale of duty-free foreign tobacco products, the
department of tobacco monopoly administration shall order it to stop the
aforesaid operations, confiscate the illegal income derived therefrom and
concurrently impose a fine.

Article 35 Where an enterprise or individual that does not hold a
tobacco monopoly retail license engages in the retail sale of tobacco
products, the administrative department for industry and commerce shall order
it or him/her to stop retail business, confiscate the illegal income derived
therefrom and concurrently impose a fine.

Article 36 Where an enterprise or individual produces or sells
cigarettes, cigars or packed cut tobacco without registered trade marks, the
administrative department for industry and commerce shall order it or him/her
to stop the production and sales thereof and shall concurrently impose a fine.

Where an enterprise or individual produces or sells tobacco products with
counterfeit trade marks, the administrative department for industry and
commerce shall order it or him/her to stop the infringing act and to
compensate the losses of the infringed, and may concurrently impose a fine;
if the infringement constitutes a crime, the offender’s criminal
responsibility shall be investigated according to law.

Article 37 Where an enterprise or individual, in violation of the
provisions of Article 21 of this Law, illegally prints trade mark labels for
tobacco products, the administrative department for industry and commerce
shall destroy the printed trade mark labels, confiscate the illegal income
derived therefrom and concurrently impose a fine.

Article 38 Where an enterprise or individual profiteers in tobacco
monopoly commodities and the profiteering constitutes a crime of illicit
speculation, such profiteer’s criminal responsibility shall be investigated
according to law; if the circumstances are not so serious as to constitute
a crime, the administrative department for industry and commerce shall
confiscate the profiteered tobacco monopoly commodities as well as the
illegal income derived therefrom and may concurrently impose a fine.

Personnel of a department of tobacco monopoly administration or of
a tobacco company, who, by taking advantage of their office, commit the crime
specified in the preceding paragraph, shall be subjected to heavier
punishments according to law.

Article 39 Any enterprise or individual that forges or alters the
licenses prescribed in this Law such as those for tobacco monopoly production
enterprises, tobacco monopoly business, as well as transportation permits,
shall be investigated for criminal responsibility according to law.

Any enterprise or individual that purchases or sells the licenses
prescribed in this Law such as those for tobacco monopoly production
enterprises, tobacco monopoly business, as well as transportation permits,
shall be investigated for criminal responsibility by applying mutatis
mutandis the provisions of Article 117 of the Criminal Law.

Personnel of a department of tobacco monopoly administration or of a
tobacco company who, by taking advantage of their office, commit the crimes
specified in the preceding two paragraphs shall be subjected to heavier
punishments according to law.

Article 40 Where the smuggling of tobacco monopoly commodities
constitutes the crime of smuggling, the smuggler’s criminal responsibility
shall be investigated in accordance with the Supplementary Provisions
Concerning the Punishment of the Crimes of Smuggling; if the smuggling does
not involve tobacco monopoly commodities in large quantities, thus not
constituting the crime of smuggling, the smuggled commodities and articles as
well as the illegal income derived therefrom shall be confiscated by the
Customs, and a fine may concurrently be imposed.

Personnel of a department of tobacco monopoly administration or of a
tobacco company who, by taking advantage of their office, commit the crime
specified in the preceding paragraph shall be subjected to heavier
punishments according to law.

Article 41 The department of tobacco monopoly administration shall have
the right to carry out inspection on the implementation of this Law. Whoever
by means of violence or threat obstructs such inspectors from carrying out
their duties according to law shall be investigated for criminal
responsibility according to law; whoever refuses or obstructs such inspectors
from carrying out their duties according to law, but without resorting to
violence or threat, shall be punished by the public security organs in
accordance with the Regulations on the Administrative Penalties for Public
Security.

Article 42 Personnel from a people’s court or a relevant department
dealing with lawbreaking cases who share out the confiscated tobacco products
shall be investigated for criminal responsibility in accordance with the
provisions of Article 1 and Article 2 of the Supplementary Provisions
Concerning the Punishment of the Crimes of Embezzlement and Bribery.

Personnel from a people’s court or a relevant department dealing with
lawbreaking cases who purchase the confiscated tobacco products shall be
ordered to return the products and may be subjected to administrative
sanctions.

Article 43 Personnel from the department of tobacco monopoly
administration or from a tobacco company who abuse their power, seek personal
interests and commit malpractice or neglect their duties shall be subjected
to administrative sanctions; if the circumstances are so serious as to
constitute a crime, the offender shall be investigated for criminal
responsibility according to law.

Article 44 A party, if not satisfied with the decision on administrative
sanctions made by the department of tobacco monopoly administration or the
administrative department for industry and commerce, may, within 15 days
after receiving the notice about the decision on punishment, apply for
reconsideration to the authorities at the next higher level over the
authorities that made the decision on punishment; the party may also, within
15 days after receiving the notice about the decision on punishment, directly
bring a suit in a people’s court.

The reconsideration department shall, within 60 days after receiving the
application for reconsideration, make a reconsideration decision. The party,
if not satisfied with the reconsideration decision, may, within 15 days after
receiving the reconsideration decision, bring a suit in a people’s court; if
the reconsideration department fails to make a reconsideration decision
within the time limit, the party may, within 15 days after the expiration of
the time limit for reconsideration, bring a suit in a people’s court.

If a party has not applied for reconsideration, nor brought a suit in
a people’s court within the time limit, nor complied with the decision on
punishment, the department that has made the decision may apply to a people’s
court for compulsory execution.
Chapter VIII Supplementary Provisions

Article 45 The State Council shall formulate implementing regulations on
the basis of this Law.

Article 46 This Law shall enter into force on January 1, 1992. The
Regulations on Tobacco Monopoly promulgated by the State Council on September
23, 1983 shall be annulled simultaneously.

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.

1 234 5 Page 3 of 5

1997

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

RAILWAY LAW

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

REGULATIONS FOR THE IMPLEMENTATION OF THE COPYRIGHT LAW

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

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

REGULATIONS FOR THE IMPLEMENTATION OF COPYRIGHT LAW

ADOPTION LAW

TOBACCO MONOPOLY LAW

MEASURES FOR THE ADMINISTRATION OF THE FOREIGN-RELATED ARCHAEOLOGICAL ACTIVITIES

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

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

CONSTITUTION ACT, 1982 – page 22

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

CONSTITUTION ACT, 1982 – page 17

CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

CONSTITUTION ACT, 1982 – page 11

CONSTITUTION ACT, 1982 – page 10

CONSTITUTION ACT, 1982 – page 9

CONSTITUTION ACT, 1982 – page 8

CONSTITUTION ACT, 1982 – page 7