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1997

NATIONALITY LAW

Nationality Law of the People’s Republic of China

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

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

    





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

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

     (Effective Date:1991.03.01–Ineffective Date:)

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

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

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

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

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

CHAPTER II REPORTING OF ACCIDENTS

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

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

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

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

CHAPTER III INVESTIGATION OF ACCIDENTS

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

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

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

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

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

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

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

   Article 12 Duties of the accident investigation team:

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER V SUPPLEMENTARY PROVISIONS

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

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

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

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

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

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

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

    





REGULATIONS FOR THE ADMINISTRATION OF PRODUCT QUALITY CERTIFICATION

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (2) unifying or approving patterns of certification marks;

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

    (4) examining and approving the certification testing bodies;

    (5) registering and administering certification inspectors;

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

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

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

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

    (10) supervising the operation of certification work.

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

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

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

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

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

    (5) accepting and handling applications for certification;

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

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

    (8) settling the disputes involved in certification;

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

    (10) revoking certificates according to law.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Article 26  These Regulations do not apply to military products.

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

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





PROTECTION OF DISABLED PERSONS LAW

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

(Adopted at the 17th Meeting of the Standing Committee of the Seventh National People’s Congress on December 28,
1990 and promulgated by Order No.36 of the President of the People’s Republic of China on December 28, 1990)     

Contents    

Chapter I      General Provisions  

Chapter II     Rehabilitation   

Chapter III    Education  

Chapter IV     Employment  

Chapter V      Cultural Life  

Chapter VI     Welfare  

Chapter VII    Environment  

Chapter VIII   Legal Liabilities 

Chapter IX     Supplementary Provisions     

Chapter I 

General Provisions 

Article 1   This Law is formulated in accordance with the Constitution for the purposes of protecting the lawful rights
and interests of, and developing  undertakings for, disabled persons, and ensuring their equal and full participation in social
life and their share of the material and cultural wealth of the society.  

Article 2   A disabled person refers to one who suffers from abnormalities or loss of a certain organ or function, psychologically
or physiologically,  or in anatomical structure and who has lost  wholly or  in part the ability to engage in activities
in a normal way.  

“Disabled persons” refers to those with visual, hearing, speech or physical disabilities, mental retardation, mental disorder, multiple
disabilities and/or other disabilities.  

The criteria for classification of disabilities shall be established by the State Council.  

Article 3   Disabled persons shall enjoy equal rights with other citizens in political, economic. cultural and social fields,
in family life and other aspects.  

The citizen’s rights and personal dignity of disabled persons shall be protected by law.  

Discrimination against, insult of and infringement upon disabled persons shall be prohibited.  

Article 4   The State shall provide disabled persons with special assistance by adopting supplementary methods and supportive
measures with a view to alleviating or eliminating the effects of their disabilities and external barriers and ensuring the realization
of their rights.  

Article 5   The State and society shall provide special assurance, treatment and pension to wounded or disabled servicemen
and persons disabled while on duty or for protecting the interests of the State and people.  

Article 6   The people’s governments at all levels shall incorporate undertakings for disabled persons into plans for economic
and social development through budget arrangement, overall planning and coordination and other measures under  strengthened
leadership with  a view to ensuring that  undertakings for disabled persons develop in coordination with economic and social
progress.  

The State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
shall adopt organizational measures to coordinate departments concerned in the work for the disabled. The establishment of specific
institutions shall be decided upon by the State Council and/or the people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government.  

Departments concerned under the people’s governments at various levels shall keep in close contact with disabled persons, solicit
their opinions and fulfil their respective duties in the work for disabled persons.  

Article 7   The whole society should display socialist humanitarianism, understand, respect, care for and assist people
with disabilities and support the work for disabled persons.  

State organs, public organizations, enterprises, institutions and urban and rural organizations at grassroots level shall do their
work for the disabled well, as is within their responsibility.  

State functionaries and other personnel engaged in the work for the disabled should work hard to fulfil their lofty duties in serving
the disabled.  

Article 8   The China Disabled Persons’ Federation (CDPF) and its local branches shall represent the common interests of
disabled persons, protect their lawful rights and interests, unite, educate and provide service to disabled persons.  

Disabled persons’ federations shall undertake tasks entrusted by the government, conduct work for disabled persons and mobilize social
forces in developing  undertakings for disabled persons.  

Article 9   Legal fosterers of disabled persons must fulfil their duties toward their charge.  

Guardians of disabled persons must fulfil their duties of guardianship and protect the lawful rights and interests of their charge.
 

Family members and guardians of disabled persons should encourage and assist disabled persons to enhance their capability of self-reliance.
 

Maltreatment and abandoning of disabled persons shall be prohibited. 

Article 10   Disabled persons must abide by laws, carry out their due obligations, observe public order and respect social
morality.  

Disabled persons should display an optimistic and enterprising spirit, have a sense of self-respect, self-confidence, self-exertion
and self-reliance, and make contributions to the socialist construction.  

Article 11   The State shall undertake, in a planned way, the work  of disability prevention, strengthen leadership
in this regard, publicize and popularize knowledge of eugenics and disability prevention,  formulate laws and regulations 
dealing with disability-causing factors such as heredity, diseases, medical poisoning, accidents, calamity and environmental pollution 
and adopt measures to prevent the occurrence and aggravation of disabilities by organizing and mobilizing social forces.  

Article 12   Governments and departments concerned shall award those disabled persons who make notable achievements in
socialist construction and those units or individuals who make remarkable contributions to safeguarding the lawful rights and interests
of, promoting undertakings for, and providing service to, disabled persons.  

     

Chapter  II 

Rehabilitation 

Article 13  The State and society shall adopt measures of rehabilitation to help disabled persons regain normal functions or
compensate for lost functions, thus enhancing their ability to participate in social life.  

Article 14  The work of rehabilitation shall, proceeding from the actual conditions, combine modern rehabilitation techniques
with traditional Chinese techniques, with rehabilitation institutions at the core and the community as the base and relying on the
families of disabled persons for support. Emphasis shall be laid on rehabilitation projects which are practical, easy to realize
and widely beneficial. Efforts shall also be made in the research, exploration and application of new rehabilitation technology so
as to provide more effective rehabilitation service to disabled persons.  

Article 15  The  governments and departments concerned should  establish in a planned way medical rehabilitation departments
(sections) in hospitals, set up appropriate special institutions of rehabilitation and carry out clinical practice and training,
scientific research, personnel training and work of technical guidance in the field of rehabilitation.  

The people’s governments and departments concerned at various levels shall organize and guide urban and rural community service networks,
medical prevention and health care networks, organizations and families of disabled persons and other social forces in carrying out
community-based rehabilitation work.  

Departments of education, welfare enterprises and institutions and other service organizations for disabled persons shall create
conditions for rehabilitation training activities.  

Disabled persons, with guidance from professional personnel and help from relevant staff, volunteers and family members, should 
actively take part in training programmes for functional recovery, and acquiring self-care ability  and  work skills.  

The State Council and departments concerned shall determine priority rehabilitation projects in different phases, formulate plans
thereof  and organize forces for their implementation.  

Article 16  Medical colleges and schools and other relevant educational institutes shall, in a planned way, offer courses and
specialties on rehabilitation so as to train various kinds of special personnel for rehabilitation work.  

The State and society shall provide various forms of technical training for personnel engaged in rehabilitation work, popularize
knowledge of rehabilitation among disabled persons, their family members, relevant staff and volunteers and teach them methods of
rehabilitation.  

Article 17  Governmental  departments concerned shall organize and support the research, production, supply and maintenance
of rehabilitation appliances, equipment for self-service, special articles and other auxiliary facilities for disabled persons.  
 

Chapter  III 

Education 

Article 18  The State shall guarantee the right of disabled persons to education.  

People’s governments at various levels shall make education of disabled persons a component of the State educational programme, strengthen
leadership in this respect and include it in their overall planning.  

The State, society, schools and families shall provide compulsory education to disabled children and juveniles.  

The State shall exempt disabled students who accept compulsory education from tuition and reduce fees or exempt them from fees in
the light of actual conditions. The State shall offer grants to aid students who are poor and disabled.  

Article 19  The education of disabled persons shall be  carried out according to  their physical and psychological
features and needs  and shall meet the following requirements:  

(1) Strengthen physical and psychological compensation and vocational and technical training while providing ideological and cultural
education;  

(2) Adopt normal or special methods of education according to different categories of disability and varied abilities of response;
and  

(3) The curricula, teaching materials and methods  for special education  and the age requirement for admission and schooling
may be determined with appropriate flexibility.  

Article 20  The principle of combining popularization with upgrading of quality  shall be implemented in education of disabled
persons, with emphasis on the former. Priority shall be given to compulsory education and vocational and technical education while
efforts shall be made to  carry out preschool education and gradually develop education at and above the senior middle school
level.  

Article 21  The State shall set up educational institutions for disabled persons and encourage social forces to run schools
and donate funds for schools.  

Article 22  Ordinary educational institutions shall provide education to disabled persons who are able to respond to ordinary
education.  

Ordinary primary schools and junior middle schools must admit disabled children or juveniles who are able to adapt themselves to
life and study there; ordinary senior middle schools, secondary polytechnic schools, technical schools and institutions of higher
learning  must admit disabled students who meet the state admission requirements  and shall not deny their admission for
their disabilities; in case of such denial, the disabled student, his/her family members or guardian may appeal to the relevant authorities
for disposition. The relevant authorities shall instruct the  school concerned to accept the student.  

Ordinary institutions of preschool education shall admit disabled children who are able to adapt themselves to the life there.  

Article 23  Preschool education institutions for the disabled, classes for disabled children attached to ordinary preschool
education institutions, preschool classes of special education schools, welfare institutions for disabled children and families of
disabled children shall be responsible for preschool education of disabled children.  

Special schools at or below junior middle school level and special classes attached to ordinary schools shall be responsible for
the implementation of compulsory education for disabled children and juveniles who are not able to respond to ordinary education.
 

Special schools and special classes attached to ordinary schools at or above senior middle  school level as well as institutions
of vocational and technical education for disabled persons shall be responsible for providing cultural education at or above senior
middle school level and vocational and technical education for eligible disabled persons.  

Article 24  Governmental departments concerned, units where disable persons work and society shall carry out anti-illiteracy
education, vocational training and other forms of adult education for disabled persons and encourage them to tap their talents through
self-studies.  

Article 25  The State shall systematically set up various forms of normal schools and specialties for special education at different
levels  and special education classes (departments) attached to ordinary normal schools to educate and train teaching staff
for special education. Ordinary normal schools shall offer courses or lectures on special education so that teachers in ordinary
education may  have some necessary knowledge of special education.   

Teachers of special education and sign language interpreters shall enjoy allowances for special education.  

Article 26  Governmental departments concerned shall organize and support the research and application of braille and sign language,
the compilation, writing and publication of  special education teaching materials and the research, production and supply of
teaching apparatus and other auxiliary facilities for special education.    

Chapter  IV 

Employment 

Article 27  The State shall guarantee disabled persons’  right to work.  

People’s governments at various levels shall formulate overall plans for employment of disabled persons and create conditions for
their employment.  

Article 28  Employment of disabled persons shall follow the principle of combining collective arrangement with individual arrangement.
Preferential policies and measures of support and protection shall be adopted with a view to  gradually popularizing, stabilizing
and rationalizing employment of disabled persons through multiple channels, at various levels and in a variety of forms.  

Article 29  The State and society shall set up welfare enterprises for disabled persons, workers sanatoria, massage therapy
centres and other enterprises and institutions of welfare nature as a way of providing concentrated  employment for disabled
persons.  

Article 30  The State shall promote the employment of  disabled persons by various units. People’s governments at all levels
and departments concerned shall organize and provide guidance in this regard. State organs, public organizations, enterprises, institutions
and urban and rural collective economic organizations shall employ  a certain proportion of disabled persons in appropriate
types of jobs and posts. The specific ratio may be determined by the people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government in line with their actual conditions.  

Article 31  Governmental departments concerned shall encourage and assist disabled persons to find employment through voluntary
organization or to open individual business.  

Article 32  Local people’s governments at various levels and rural grassroots organizations shall organize and support disabled
persons in rural areas to engage in crop planting, animal breeding, handicraft industry and other forms of production.  

Article 33  The State shall implement the policy of tax reduction or exemption in relation to welfare enterprises and institutions
for disabled persons and self-employed disabled workers in urban and rural areas, and provide assistance in production, management,
technology, funds, materials supply, working sites and other fields.  

Local people’s governments and departments concerned shall determine the types of products suitable for production by disabled persons,
give priority to the production of such products by welfare enterprises for disabled persons and gradually determine which products
are to be produced exclusively by such enterprises.  

Governmental departments concerned shall, in determining the quota for employing and engaging workers and staff members, allot a
certain proportion of the quota to disabled persons.  

Departments concerned shall, in verifying and issuing business licenses, give priority to disabled persons who apply for licenses
as self-employed workers or businessmen and give them preferential treatment in  allotting work sites and loans  and in
other ways.  

Departments concerned shall provide assistance to disabled persons engaged in various kinds of labour in rural areas by way of production
services, technical guidance, supply of materials for agricultural use, collection and purchase of farm and sideline products and
loans.  

Article 34  The State shall protect the property ownership and the managerial decision-making power of welfare enterprises and
institutions for disabled persons, whose lawful rights and interests shall not be violated.  

No discrimination shall be practised against disabled persons in employment, engagement, status regularization, promotion, determining
technical or professional post_titles, payment for labour, welfare, labour insurance or in other aspects.  

No enterprises or institutions shall deny disabled graduates assigned by the State from institutions of higher learning, polytechnic
schools or technical schools solely on the ground of their disabilities; in case of such denial, the disabled graduates may appeal
to departments concerned for disposition and the relevant departments shall instruct the  enterprises or institutions concerned
to accept the said graduate students.  

Enterprises and institutions where disabled persons work shall provide the disabled workers with appropriate working conditions and
labour protection.  

Article 35  Enterprises and institutions where disabled persons work shall provide in-service  technical training to disabled
employees with a view to upgrading their skills and techniques.    

Chapter V 

Cultural Life 

Article 36  The State and society shall encourage and assist disabled persons to participate in various cultural, sports and
recreative activities and strive to meet the needs of the spiritual and cultural life of disabled persons.       

Article 37  Cultural, sports and recreative activities for disabled persons should be directed at grassroots levels, integrated
in public cultural life and geared to the different characteristics and needs  of different categories of disabled persons with
a view to bringing about extensive participation.  

Article 38  The State and society shall adopt the following measures to enrich the spiritual and cultural life of disabled persons:
 

(1) Reflect the life of disabled persons through radio, film, television, press and periodicals, books and other media in the interests
of disabled persons.  

(2) Organize and support the compilation, writing and publication of braille books, audio materials for the blind and reading materials
for the deaf and mentally retarded; offer TV programmes in sign language and put in subpost_titles or narrations in some movies and TV
programmes.  

(3) Organize and support disabled persons for mass cultural, sports and recreative activities, and in staging special art performances,
holding special sports meets and participating in major international sports games and exchanges; and  

(4) Provide facilities and accommodations for disabled persons at places of cultural, sports, recreative and other public activities
and set up in a planned way activity centres for disabled persons.  

Article 39  The State and society shall encourage and assist disabled persons to engage in creative work beneficial to the people,
such as in literature, art, education, science and technology.    

Chapter VI 

Welfare 

Article 40  The State and society shall adopt supportive, relief and other welfare measures to secure and improve the life of
disabled persons.  

Article 41  The State and society shall provide relief and subsidies through various channels to disabled persons with real
financial difficulties.  

The State and society shall foster and provide relief, in accordance with relevant regulations, to disabled persons without work
capabilities, or legal fosterer, or financial resource.  

Article 42  Units where disabled persons work, urban and rural grassroots organizations and families of disabled persons should
encourage and assist disabled persons to join social insurance.  

Article 43  People’s governments at various levels and the society shall establish welfare centres and other placement and foster
institutions, settle and foster disabled persons in accordance with relevant regulations and gradually improve their living standards.
 

Article 44  Agencies of public services shall provide preferential and auxiliary services to disabled persons.  

In taking public transport vehicles, disabled persons  shall be given convenience and special consideration; they shall be permitted
to carry on board their  indispensable and auxiliary facilities free of charge.  

Blind persons may take local buses, trolleybuses, subways and ferries free of charge. Mailing and delivery of braille books shall
be free of charge.   

People’s governments at county and township levels shall, in line with the actual conditions, reduce or exempt disabled persons in
rural areas from obligatory labour, public utilities fees and other social obligations.  

People’s governments at various levels shall step by step increase their care and support for the disabled.     

Chapter  VII 

Environment 

Article 45  The State and society shall step by step create a sound  environment to improve the conditions for disabled
persons to participate in  social life.  

Article 46  The State and society shall gradually regularize the design of urban roads and buildings to the convenience of disabled
persons and adopt barrier-free measures.  

Article 47  The State and society shall promote mutual understanding and exchanges between disabled persons and their fellow-citizens,
publicize undertakings for disabled persons and deeds of assisting disabled persons, promulgate the unyielding spirit of disabled
persons and foster a social environment of unity, fraternity and mutual assistance.  

Article 48  The third Sunday of May each year is the National Day of Assisting Disabled Persons.    

Chapter  VIII 

Legal Liabilities 

Article 49   Where the lawful rights and interests of disabled persons are violated, the offended persons or their agents
shall have the right to appeal to the competent authorities for disposition, or institute lawsuits at people’s courts in accordance
with law.  

Article 50   Where government functionaries neglect their duties, in violation of law, and infringe upon the lawful rights
and interests of disabled persons, the units to which they belong  or their higher authorities shall instruct such persons to
correct their wrong doings or subject them to administrative sanctions.  

Article 51   Whoever infringes upon the lawful rights and interests of a disabled person and causes property or other losses
or damage shall compensate for the losses or damage according to law or bear other civil liabilities. 

Article 52  Whoever infringes upon the right of person or other lawful rights of disabled persons by taking advantage of their
disabilities and constitutes a crime shall be given a heavier punishment in accordance with the relevant provisions of the Criminal
Law.  

Whoever, by violence or other means, publicly insults disabled persons, shall, if the circumstances are serious, be investigated
for criminal responsibility in accordance with the provisions of Article 145 of the Criminal Law, and, if the circumstances are less
serious, be subject to punishment in accordance with the provisions of Article 22 of the Regulations on Administrative Penalties
for Public Security.  

Whoever maltreats disabled persons shall be punished in accordance with the provisions of Article 22 of the Regulations on Administrative
Penalties for Public Security; and, if the circumstances are flagrant, he shall be investigated for criminal responsibility in accordance
with the provisions of Article 182 of the Criminal Law.  

Whoever refuses to perform his  duty of fostering a disabled person who is unable to live independently, shall, if the circumstances
are flagrant, or if he abandons such a disabled person, be investigated for criminal responsibility in accordance with the provisions
of Article 183 of the Criminal Law.  

Whoever has illicit sexual relations with a disabled person who is unable to account for her own conduct due to mental retardation
or mental disorder shall be deemed to have  committed rape and shall be investigated for criminal responsibility in accordance
with the provisions of Article 139 of the Criminal Law.     

Chapter IX 

Supplementary Provisions 

Article 53  Departments concerned under the State Council shall formulate relevant regulations in accordance with this Law and
submit them to the State Council for approval before implementation.  

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

Article 54  This Law shall enter into force as of May 15, 1991.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.






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.





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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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