Home China Laws 1997 Page 4

1997

ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

Category	AGRICULTURE, FORESTRY AND METEOROLOGY	Organ of Promulgation	The Standing Committee of the National People’s Congress	Status of Effect	In Force
Date of Promulgation	1991-10-30	Effective Date	1992-04-01

Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine

Contents
Chapter I  General Provisions
Chapter II  Entry Quarantine
Chapter III  Exit Quarantine
Chapter IV  Transit Quarantine
Chapter V  Quarantine of Materials Carried by Passengers or by Post
Chapter VI  Quarantine of Means of Transport
Chapter VII  Legal Responsibility
Chapter VIII  Supplementary Provisions

(Adopted at the 22nd Meeting of the Standing Committee of the Seventh

National People’s Congress on October 30, 1991, promulgated by Order No. 53
of the President of the People’s Republic of China on October 30, 1991 and
effective as of April 1, 1992)
Contents

Chapter I General Provisions

Chapter II Entry Quarantine

Chapter III Exit Quarantine

Chapter IV Transit Quarantine

Chapter V Quarantine of Materials Carried by Passengers or by Post

Chapter VI Quarantine of Means of Transport

Chapter VII Legal Responsibility

Chapter VIII Supplementary Provisions
Chapter I General Provisions

Article 1 This Law is formulated for the purpose of preventing
infectious or parasitic diseases of animals, diseases, insect pests and weeds
dangerous to plants, and other harmful organisms (hereinafter referred to,
for short, as diseases, insect pests and harmful organisms) from spreading
into or out of the country, protecting the production of agriculture,
forestry, animal husbandry and fishery as well as human health, and promoting
the development of foreign economic relations and trade.

Article 2 Animals and plants, their products and other quarantine
objects, containers and packaging materials used for carrying animals and
plants, their products or other quarantine objects, as well as means of
transport from animal or plant epidemic areas shall, on entry or exit, be
subject to quarantine inspection in accordance with this Law.

Article 3 An animal and plant quarantine department shall be instituted
under the State Council (hereinafter referred to, for short, as the State
animal and plant quarantine department), which shall conduct a unified
administration of the entry and exit animal and plant quarantine in the whole
country. Port animal and plant quarantine offices set up by the State animal
and plant quarantine department at ports open to the outside world and at
places busy with entry and exit animal and plant quarantine shall, in
accordance with this Law, carry out entry and exit animal and plant
quarantine.

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

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

Article 4 A port animal and plant quarantine office may exercise the
following functions and powers when performing quarantine inspection:

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

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

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

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

Article 5 The State shall prohibit the following objects from entering
the country:

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

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

(3) Animal carcasses; and

(4) Soil.

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

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

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

Article 6 In the event that a serious animal or plant epidemic occurs
abroad and is liable to spread into the country, the State Council shall
adopt emergent preventive measures and may, when necessary, issue orders to
prohibit means of transport from animal or plant epidemic areas from entering
the country or to blockade the relevant ports; the local people’s governments
in areas threatened by the animal or plant epidemic as well as the port
animal and plant quarantine offices concerned shall immediately take
emergency measures, and, at the same time, report to the people’s governments
at higher levels and the State animal and plant quarantine department.

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

Article 7 The State animal and plant quarantine department and port
animal and plant quarantine offices shall practise a quarantine supervision
system in relation to the procedures in the production, processing and
storage of animals and plants and their products for entry or exit.

Article 8 When a port animal and plant quarantine office is carrying out
its tasks of quarantine inspection in seaports, airports, railway or coach
stations, or post offices, relevant departments such as the Customs,
departments of communications, civil aviation, or railways, and postal
services shall coordinate therewith.

Article 9 Any quarantine functionary of an animal and plant quarantine
organ must be devoted to his or her duties and enforce the law impartially.

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

Article 10 Whoever imports animals, animal products, plant seeds,
seedlings or other propagating materials must submit an application in
advance and go through the formalities for examination and approval of
quarantine inspection.

Article 11 Whoever imports animals and plants, their products or other
quarantine objects through trade, scientific and technological cooperation,
exchanges, donations or aid shall specify in the contracts or agreements the
requirements for quarantine inspection prescribed by China’s law and the
necessity of quarantine certificates issued by the animal and plant
quarantine department under the government of the exporting country or region
being appended therewith.

Article 12 The owner or his or her agent shall apply to the port animal
and plant quarantine office at the port of entry for quarantine inspection of
the animals and plants, their products or other quarantine objects, before or
on their entry, on the strength of documents such as the quarantine
certificates issued by the exporting country or region and the trade
contracts.

Article 13 On arrival at a port of a means of transport for carrying
animals, the port animal and plant quarantine office shall for the prevention
of epidemics adopt onthespot preventive measures and conduct disinfection of
persons embarking on or disembarking from the means of transport or having
contacts with the animals, the means of transport for carrying the animals
and the contaminated fields.

Article 14 Import animals and plants, their products and other
quarantine objects shall be quarantined at the port of entry; without consent
of the port animal and plant quarantine office, the same shall not be
unloaded from the means of transport.

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

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

Article 15 The import animals and plants, their products or other
quarantine objects that pass the quarantine inspection are allowed to enter
the country; the Customs shall, after verification, release the same on the
strength of the quarantine certificates issued, or the stamps on the customs
declaration forms affixed, by the port animal and plant quarantine office.

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

Article 16 In respect of the import animals that fail in the quarantine
inspection, the port animal and plant quarantine office shall issue the
Quarantine Treatment Notice notifying the owner or his or her agent to deal
with the said animals in either of the following manners:

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

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

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

Article 17 On discovering through quarantine inspection that import
plants, plant products or other quarantine objects are contaminated with
diseases, pests or weeds dangerous to plants, the port animal and plant
quarantine office shall issue the Quarantine Treatment Notice notifying the
owner or his or her agent to conduct such treatments as disinfection and
disinfestation, returning or destruction. Those that pass the quarantine
inspection after a treatment of disinfection and disinfestation are allowed
to enter the country.

Article 18 The catalogues of the Class A and Class B infectious or
parasitic diseases of animals specified in Article 16, paragraph 1, Items 1
and 2 of this Law and the catalogues of the diseases, pests or weeds
dangerous to plants specified in Article 17 of this Law shall be worked out
and announced by the department of agriculture administration under the State
Council.

Article 19 On discovering through quarantine inspection that import
animals and plants, their products or other quarantine objects are
contaminated with diseases, insect pests or harmful organisms which are not
covered by the catalogues specified in Article 18 of this Law but are
extremely harmful to agriculture, forestry, animal husbandry and fishery, the
port animal and plant quarantine office shall, in accordance with relevant
regulations of the department of agriculture administration under the State
Council, notify the owner or his or her agent to conduct such treatments as
disinfection and disinfestation, returning or destruction. Those that pass
the quarantine inspection after a treatment of disinfection and
disinfestation are allowed to enter the country.
Chapter III Exit Quarantine

Article 20 The owner, or his or her agent, of exit animals and plants,
their products or other quarantine objects shall, before their exit, submit
an application for quarantine inspection to the port animal and plant
quarantine office.

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

Article 21 Export animals and plants, their products or other quarantine
objects shall be quarantined by the port animal and plant quarantine office,
and those that pass the quarantine inspection or conform to the standards
after a treatment of disinfection and disinfestation are allowed to leave the
country. The Customs shall, after verification, release the same on the
strength of the quarantine certificates issued, or the stamps on the customs
declaration forms affixed, by the port animal and plant quarantine office.
Those that fail in the quarantine inspection and are unable to be treated by
disinfection and disinfestation with effective methods shall not be allowed
to leave the country.

Article 22 Where the animals and plants, their products or other
quarantine objects that pass the quarantine inspection are involved in any of
the following circumstances, the owner or his or her agent shall re-apply for
quarantine inspection:

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

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

(3) Where the stipulated valid period of quarantine is exceeded.
Chapter IV Transit Quarantine

Article 23 Whoever requests a transit of animals through the Chinese
territory must obtain in advance and through consultation the consent of
China’s State animal and plant quarantine department and the transit must be
conducted through the designated port and route.

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

Article 24 The transit of animals and plants, their products or other
quarantine objects requires the consignor or the escort to submit at the port
of entry the bills of lading and the quarantine certificates issued by the
animal and plant quarantine department under the government of the exporting
country or region to the port animal and plant quarantine office for
quarantine inspection. No further quarantine inspection is needed at the port
of exit.

Article 25 The transit animals that pass the quarantine inspection are
allowed to pass through the country; and in case any infectious or parasitic
disease of animals specified in the catalogues as stipulated in Article 18 of
this Law is discovered, the entire flock of the animals shall not be allowed
to transit.

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

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

Article 26 The port animal and plant quarantine office shall examine the
means of transport and the packings, in respect of the transit plants, animal
and plant products or other quarantine objects, which are allowed to transit
through the country if they pass the quarantine inspection; in case any
disease, insect pest or harmful organism specified in the catalogues as
stipulated in Article 18 of this Law is discovered, it shall be subjected to
a treatment of disinfection and disinfestation or denial of transit.

Article 27 Animals and plants, their products or other quarantine
objects, in the course of their transit, may not be unpacked or discharged
from the means of transport without the approval of the animal and plant
quarantine organ.
Chapter V Quarantine of Materials Carried by Passengers or by Post

Article 28 Whoever intends to carry or post plant seeds, seedlings or
other propagating materials into the country must submit an application in
advance and go through the formalities for examination and approval of
quarantine inspection.

Article 29 The catalogues of the animals and plants, their products and
other quarantine objects that are not allowed to be carried or posted into
the country shall be worked out and announced by the department of
agriculture administration under the State Council.

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

Article 30 Whoever enters the country carrying animals or plants, animal
or plant products or other quarantine objects which are not included in the
catalogues specified in Article 29 of this Law shall declare them to the
Customs at the port of entry and accept the quarantine inspection by the port
animal and plant quarantine office.

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

Article 31 The port animal and plant quarantine office shall, in respect
of the animals and plants, their products or other quarantine objects not
included in the catalogues specified in Article 29 of this Law, carry out
quarantine inspection at the International Postage Exchange Bureau, or, when
necessary, take the same back to the port animal and plant quarantine office
for quarantine inspection; and the same shall not be transported or delivered
without undergoing quarantine inspection.

Article 32 Animals or plants, animal or plant products or other
quarantine objects that enter the country by post shall be released if they
pass the quarantine inspection or conform to the standards after the
treatment of disinfection and disinfestation; those that fail in quarantine
inspection and are unable to be treated by disinfection and disinfestation
with effective methods shall be returned or destroyed, and the Quarantine
Treatment Notice shall be issued.

Article 33 The animals or plants, animal or plant products or other
quarantine objects that are carried or posted out of the country shall be
quarantined by the port animal and plant quarantine office, upon request by
the owner thereof.
Chapter VI Quarantine of Means of Transport

Article 34 Ships, airplanes or trains from the animal or plant epidemic
areas shall, upon their arrival at the port, be quarantined by the port
animal and plant quarantine office. In the event any disease, insect pest or
harmful organism specified in the catalogues mentioned in Article 18 of this
Law is discovered, the cargoes shall be subjected to such treatments as
prohibition from discharge from the means of transport,disinfection and
disinfestation, sealing up or destruction.

Article 35 Vehicles entering the country shall be disinfected for
epidemic prevention by the port animal and plant quarantine office.

Article 36 The swills and wastes of animal or plant nature on the means
of transport entering or leaving the country shall be disposed of in
accordance with the regulations of the port animal and plant quarantine
office and may not be cast away without authorization.

Article 37 The means of transport carrying export animals and plants,
their products or other quarantine objects shall conform to the regulations
on animal and plant quarantine and epidemic prevention.

Article 38 The old and disused ships entering the country for
disassembling purposes shall be quarantined by the port animal and plant
quarantine office. In the event that diseases, insect pests or harmful
organisms specified in the catalogues mentioned in Article 18 of this Law are
discovered, the said ships shall be subjected to a treatment of disinfection
and disinfestation.
Chapter VII Legal Responsibility

Article 39 Whoever, in violation of this Law, commits any of the
following acts shall be fined by the port animal and plant quarantine office:

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

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

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

Article 40 Where the animals or plants, animal or plant products or
other quarantine objects declared for quarantine inspection do not conform to
the actual conditions, the applicant shall be fined by the port animal and
plant quarantine office; and the quarantine certificates already obtained
shall be revoked.

Article 41 Whoever, in violation of this Law and without authorization,
unpacks the packings of transit animals or plants, animal or plant products
or other quarantine objects, discharges transit animals or plants, animal or
plant products or other quarantine objects from the means of transport, or
casts away transit animals’ carcasses, excrements, bedding materials or other
wastes,shall be fined by the port animal and plant quarantine office.

Article 42 Whoever violates the provisions of this Law and causes
a serious animal or plant epidemic shall be investigated for criminal
responsibility by applying mutatis mutandis the provisions of Article 178 of
the Criminal Law.

Article 43 Whoever forges or alters the quarantine certificates, stamps,
marks or seals shall be investigated for criminal responsibility in
accordance with the provisions of Article 167 of the Criminal Law.

Article 44 If a party is not satisfied with the decision on punishment
made by an animal and plant quarantine organ, it may, within 15 days after
receipt of the notification of the punishment, apply for reconsideration to
the organ at the next higher level over the organ that has made the decision
on punishment; the party may also directly bring a suit in a people’s court
within 15 days after receipt of the notification of the punishment.

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

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

Article 45 Where a quarantine functionary of an animal and plant
quarantine organ who abuses his or her power, practises favouritism or
embezzlement, forges a quarantine result, or neglects his or her duty or
delays the performance of quarantine inspection and the issuance of
certificates, criminal responsibility shall be investigated according to law
if the offence constitutes a crime; if the offence does not constitute a
crime, the offender shall be subjected to administrative sanctions.
Chapter VIII Supplementary Provisions

Article 46 As used in this Law, the following terms respectively mean:

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

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

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

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

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

Article 47 If provisions of this Law contravene those of the
international treaties concerning animal and plant quarantine which the
People’s Republic of China has concluded or to which China is a party, the
provisions of the international treaties concerned shall prevail, with the
exception of the treaty clauses on which the People’s Republic of China has
declared reservations.

Article 48 &n

INTERIM PROVISIONS CONCERING COMPENSATION FOR BODILY INJURY OF PASSENGERS IN DOMESTIC AIR TRANSPORT

Interim Provisions Concering Compensation for Bodily Injury of Passengers in Domestic air TransporT

Important Notice:This English document is coming from the “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 INTERIM PROVISIONS CONCERNING COMPENSATION FOR BODILY INJURY OFPASSENGERS IN DOMESTIC AIR TRANSPORT(Adopted
at the 31st Executive Meeting of the State Council onJanuary 3, 1989,

promulgated by Decree No. 28 of the State Council of thePeople’s Republic of China on February 20, 1989 and become effective as ofMay
1, 1989)

Article 1These Provisions are formulated for the purpose of defining the civilliability that domestic air carriers shall bear for the
bodily injury ofpassengers.Article 2These Provisions shall apply to the compensation for the bodily injury ofpassengers that occur
in domestic air passenger transportation.The term “domestic air passenger transportation” referred to in thepreceding paragraph
denotes any air passenger transportation in which,according to the contract of carriage, the place of departure, the agreedstops,
and the destination are all within the territory of the People’sRepublic of China.Article 3The carriers shall be liable for
compensation for death and injurysustained by passengers on board an aircraft or in the course ofembarkation or disembarkation.Article
4The carriers shall not be liable for compensation provided they can provethat death or injury of passengers is caused by force
majeure or by thepassengers’ own health conditions.Article 5The carriers’ liability to pay compensation may be reduced or
exemptedprovided they can prove that the death or injury of passengers is causedby the negligence or wilful misconducts on the
part of the passengersthemselves.Article 6The maximum amount of compensation shall be 70,000 Renminbi yuan for eachindividual
passenger, for which the carriers are liable for compensationas under these Provisions.Article 7Passengers may at their own discretion
to cover with an insurance companyan insurance against accidental bodily injury in air transportation. Thepayment of the insurance
indemnity, however, shall not exempt or reducethe amount of compensation that the carriers shall be liable for paying.Article
8Compensation paid to foreigners, overseas Chinese, compatriots from HongKong and Macao, and compatriots from Taiwan may be
converted into thecurrency of the country or region concerned and the rate of exchange shallbe decided as per the listed rate of
exchange officially published by theState Administrative department for control of foreign exchange of thePeople’s Republic
of China on the day on which the compensation is paid.Article 9In the event that a dispute with respect to the compensation for
injuryarises between the passengers or their heir and the carrier, they may filea suit with the people’s court.Article 10The Civil
Aviation Administration of China shall be responsible for theinterpretation of these Provisions.Article 11These Provisions shall
become effective as of May 1, 1989 and theRegulations Concerning Compulsory Insurance Against Accidental Injury forAir
Passengers promulgated by the Financial & Economic Commission of theAdministration Council of the People’s Republic of China on
April 24, 1951shall be nullified simultaneously.

INTERIM REGULATIONS ON ENCOURAGING FOREIGN INVESTMENT IN THE DEVELOPMENT AND MANAGEMENT OF WHOLE TRACTS OF LAND

Interim Regulations on Encouraging Foreign Investment in the Development and Management of Whole Tracts of Land

(Effective Date:1991.05.17–Ineffective Date:)

Article 1. In order to further encourage foreign investment in the development and management of whole tracts of land and to bring in technologically
advanced and export-oriented enterprises, the Regulations hereof are formulated in line with the “Interim procedures for the Administration
of Foreign Investment in the Development and Management of Whole Tracts of Land” issued by the State Council, the “Interim Regulations
Governing Leasing and Transfer of the Right to use State-Owned Land in Urban Areas,” other relevant regulations and the concrete
conditions in this province.

Article 2. Foreign investors developing and managing whole tracts of land, as stated in the Regulations, means the comprehensive development
of state-owned land as planned. This is carried out after acquisition of the right to use that land, including leveling the ground,
building the drainage and water, power and heat supply systems, and road transport. Communications and other public facilities to
lay down appropriate conditions for industrial and other construction purpose. Then land developers can proceed with the transfer
of land-use right and the operation of public utilities, or building general-purpose factory buildings, supporting facilities in
the service of production and people’s livelihood, and other buildings erected on the ground; and transferring or leasing these buildings
to others.

The projects of foreign investors developing and managing whole tracts of land must be conducted in special economic zones, coastal
open cities and their economic and technological development zones, and coastal economic open areas. For such projects within the
stipulated limits that the provincial people’s government is authorized to examine and approve, their written project proposals and
feasibility study reports shall be submitted to the government for examination and approval (but, written proposals and feasibility
study reports of projects belonging to the city of xiamen shall be submitted to the Xiamen municipal government for examination and
approval.)

Article 3. the development and management of whole tracts of land by foreign investors must be conducted in accordance with regulations enacted
by the state regarding development and management of whole tracts of land; the overall design of the area development project must
be in conformity with the regional planning and the overall urban planning and design of the places where the projects are located;
and the overall design of the area development project must meet the requirements for transportation, urban construction and environmental
protection. The use of the developed land in the development areas shall focus on production; the projects introduced into such areas
shall be in line with the state industrial policies and shall go through the stipulated procedures on submitting written proposals
to the related authorities for examination and approval.

Article 4. After legitimately obtaining the land-use right, the development enterprises shall have the right to engage in development and construction
in the development areas according to the approved overall land development programme; to lease or transfer the land-use right of
the areas that they have already invested in and developed to others in accordance with terms prescribed in the contracts; to bring
other enterprises into the development areas according to the state industrial policies; and to manage water and power supply facilities
developed by the development enterprises themselves in the development areas. The term of leasing out the land-use right usually
lasts for 50 years, but upon its expiry, the term can be extended by going through the land-use right leasing extension procedures
according to law if it is so wished by the foreign investors.

If the land-use right transferee fails to use the land two years after the transfer is completed, the government has the right to
withdraw the land-use right according to law. During the development period, if the foreign investors fail to develop and use the
whole areas of land according to the contracts, the government has the right to withdraw the land-use right of the part of the development
areas that has not yet been utilized.

Article 5. In the development areas, the land used for production shall not account for less than 80% of the total development area and the
land used for supporting facilities for people’s livelihood and services shall be controlled within 20% of the total development
area. Land used for building hospitals, schools, day-care centres and other public facilities with foreign investment or land used
for building offices for administrative branches of the government may not be included in the aforesaid percentages.

Article 6. The development enterprises and foreign-funded enterprises in the development areas shall be exempted from the levy of land-use fees
during the construction period as prescribed in the contracts; technologically advanced and export-oriented enterprises scheduled
to operate for more than 10 years shall, after their status is confirmed by the relevant authorities, be exempted from the land-use
fees for five years; and projects involving development of science and technology, education, culture, medical work and public health,
public welfare causes and capital construction which are encouraged by the state may apply for exemption or reduction of land-use
fees.

Enterprises engaged in development of whole tracts of land on waste hills, wasteland and waste beaches shall be exempted from land-use
fees for 20 years (including the construction period).

Article 7. the same standards for levying charges on provision of water, power, gas, transport and communication services for the state enterprises
shall be applied to productive enterprises in the development areas. However, the latter shall pay the fees for capacity expansion
and introduction of supporting facilities in accordance with the state regulations. The development enterprises investing in the
construction of supporting facilities of water and power supply outside the development areas shall be exempted from the fees of
capacity expansion and introduction of supporting facilities pertaining to electric voltage and water resources at the level of aforesaid
construction. The standards for levying charges on using waterpower supply and other public productive facilities constructed by
the development enterprises in the development areas may be set by the development enterprises in the development enterprises themselves
and they may also enjoy the autonomy in managing such facilities. If there is a surplus in the capacity of the facilities, it is
necessary for the development enterprises to supply the surplus to users outside the development areas or to connect these utilities
with networks there. the development enterprises shall sign contracts with the local public utilities enterprises pursuant to the
relevant regulations enacted by the state and engage in operation according to the terms prescribed in the contracts.

Article 8. In order to simplify the procedures for examining and approving the establishment of foreign-funded enterprises in the development
areas, an appraisal of the overall environmental impact in such areas shall be conducted to control the total number and to regularly
monitor the operation of enterprises in the development areas and the appraisal shall be examined and approved by the environmental
protection departments. The standards for fire-fighting, labour safety and protection, earthquake prevention and greening projects
shall be controlled at a regional level and shall be included into the same overall development programme submitted to the relevant
authorities for examination and approval. The development enterprises must see to it that the foreign-funded enterprises in the development
areas meet the foreign-funded enterprises in the development areas meet the aforesaid requirements; the relevant government departments
shall supervise the implementation of this provision according to law.

Article 9. The development areas shall enjoy the policies offered to key industrial satellite towns (except for development areas located in
special economic zones and economic and technological development zones). Upon the expiry of their period for tax exemption or reduction,
export-oriented enterprises whose status has been confirmed by related authorities may enjoy a 50% reduction in the enterprise income
tax in the year when more than 70% of their products are exported. Upon the expiry of their period for tax exemption or reduction,
enterprises using advanced technology may enjoy a 50% reduction in the enterprise income tax for an extended period of three years.

If the development areas are isolated experimental zones for importing improved agricultural varieties and fine breeds and their establishment
has been approved by the provincial government, income form experimental projects of importing improved varieties and fine breeds
in such development areas shall be exempted from industrial and commercial consolidated tax for five years and such experimental
projects shall be exempted from enterprise income tax for five years starting from the first profit-making year.

Article 10. Equipment for production and management, building materials, and vehicles for productive use imported by the development enterprises
that are also productive enterprises within their total investment; means of transport and office equipment imported by the enterprises
according to related regulations and for the use of the enterprises themselves; and reasonable amounts of goods and means of transport
imported by foreign investors and employees of the development enterprises for the use of themselves and their households shall be
exempted from custom duties and industrial and commercial consolidated tax. The above-mentioned equipment and goods imported by foreign-funded
enterprises in the development areas shall be handled in accordance with the relevant regulations issued by the customs.

Article 11. To meet the needs of the foreign-funded enterprises in the development areas for production, storage and transport, upon approval
of the customs, the development enterprises may set up bonded storehouses and the export-oriented enterprises in such areas may set
up bonded factories. The products transferred among chain enterprises in the development areas for processing and products for indirect
export may also be bonded.

Article 12. In the development areas, foreign investors shall be permitted to set up the tertiary industry to serve the production and people’s
livelihood in such areas in order to further boost the economic development and improve the investment environment there.

Article 13. The employees of foreign-funded enterprises in the development areas can be recruited from among the job-waiting people in this province.
The local labour departments shall take care of the employee-recruiting procedures and report the employment for record to the labour
departments in localities where the newly-recruited hold the residential papers.

The enterprises have the right to set their own salary standards and to recruit or dismiss their employees in accordance with laws.

Article 14. The administration of the development areas shall be executed by the agencies jointly set up by the competent authorities and local
governments.

Article 15. The present Regulations are applicable to Sino-foreign joint ventures, Sino-foreign cooperative production enterprises and solely
foreign-funded enterprises that are engaged in projects of development and management of whole tracts of land. Corporations, enterprises
and other economic institutions as well as individuals from Hongkong, Macau and Taiwan that invest and engage in the development
of whole tracts of land may do so with reference to these Regulations.

Article 16. These Regulations shall taken effect on the day they are promulgated and the authority for interpretation of these Regulations rests
with the Office of Special Economic Zones under the People’s Government of Fujian Province.

PROVISIONS ON THE REPORT AND HANDLING OF CASUALTY ACCIDENTS TO ENTERPRISES EMPLOYEES

Category	LABOUR ADMINISTRATION	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1991-02-22	Effective Date	1991-05-01

Provisions on the Report and Handling of Casualty Accidents to Enterprises Employees

Chapter I  General Provisions
Chapter II  Report of Accidents
Chapter III  Investigation of Accidents
Chapter IV  Handling of Accidents
Chapter V  Supplementary Provisions

(Promulgated by Decree No.75 of the State Council of the People’s Republic

of China on February 22, 1991 and effective as of May 1, 1991)
Chapter I  General Provisions

Article 1 These Provisions are enacted for the purposes of promptly
reporting, counting, investigating and handling casualty accidents to
enterprises employees, actively taking preventive measures and forestalling
casualty accidents.

Article 2 These Provisions apply to all enterprises within the territory
of the People’s Republic of China.

Article 3 “Casualty accidents” used in these Provisions refers to
accidents of personal injury and acute poisoning to enterprises employees
occurring in the process of labour.

Article 4 The principles of realism and scientism shall be maintained in
reporting, counting, investigating and handling casualty accidents.
Chapter II Report of Accidents

Article 5 The injured or other involved persons on the scene of a
casualty accident shall, upon the occurrence of the accident, immediately
report to the enterprise principal directly or level by level.

Article 6 An enterprise principal shall, upon the receipt of a report on
a serious injury, death or heavy death accident, immediately report to the
department responsible for the enterprise, the labour department, the public
security authority, the people’s procuratorate and the trade union in the
place where the enterprise is located.

Article 7 The department responsible for the enterprise and the labour
department shall, upon the receipt of a report on a death or heavy death
accident, immediately report to higher departments level by level according to
their respective administrative relationship; a death accident shall be
reported to the provincial, autonomous regional or municipal level and a heavy
death accident to the competent department and the labour department of the
State Council.

Article 8 An enterprise suffering a death or heavy death accident shall
keep the scene of the accident and shall promptly take necessary measures in
saving persons and property and avoiding the extension of the accident.
Chapter III Investigation of Accidents

Article 9 An enterprise principal or his authorized person shall organize
an investigation group which is composed of personnel in charge of production,
technology and safety and the trade union members to investigate a slight or
serious injury accident.

Article 10 The department responsible for the enterprise shall consult
with the labour department, the public security authority and the trade union
at the level of districted city (or at the level equivalent to a districted
city) in the place where the enterprise is located to form an investigation
group to investigate a death accident.

The department responsible for the enterprise at the provincial,
autonomous regional or municipal level or the competent department of the
State Council shall, according to the administrative relationship to the
enterprise, consult with the labour department, the public security authority,
the administrative supervision department and the trade union at the same
level to form an investigation group to investigate a heavy death accident.

The investigation groups mentioned in the preceding two paragraphs shall
invite the people’s procuratoriats to join in, and may also invite other
departments and relevant experts to join in.

Article 11 Members of the investigation group shall meet the following
requirements:

(1) having expertise in a certain field necessary for the investigation of
the accident; and

(2) not having personal interests in the accident.

Article 12 The functions of the investigation group are:

(1) to ascertain the cause and course of the accident and the number of
casualties and the state of economic losses;

(2) to determine the person responsible for the accident;

(3) to make a proposal for handling the accident and taking preventive
measures; and

(4) to give a investigation report on the accident.

Article 13 The investigation group has power to collect information and
demand materials relating to the accident from the enterprise suffering the
accident and any involved organization and individual who may not refuse to
assist.

Article 14 If the investigation group disagrees in analysing the accident
and handling the person responsible for the accident upon ascertaining the
facts, the labour department has power to raise a conclusive opinion. If the
disagreement remains, the case shall be referred to the higher labour
department for handling in consultation with relevant departments. Should the
departments disagree, the case shall be referred to the people’s government at
the same level for decision. However, the time limit for handling the accident
shall not be exceeded.

Article 15 No organization or individual may obstruct and interfere in
the normal working of the investigation group.
Chapter IV Handling of Accidents

Article 16 An enterprise suffering an accident and its responsible
department shall deal with the proposals made by the investigation group for
handling the accident and taking preventive measures.

Article 17 Where anyone causes an accident by neglecting production
safety, commanding or operating against rules and regulations, neglecting
duties or failing to take effective measures upon finding potential dangers of
accidents or damages, the department responsible for the enterprise or the
enterprise shall, in accordance with the relevant provisions of the state,
impose disciplinary sanctions on the enterprise principle and persons directly
responsible; if a crime has been constituted, the judicial organs shall
investigate for criminal responsibilities.

Article 18 Where anyone, in violation of these Provisions, conceals, or
falsely reports, or deliberately delays reporting an accident, or
deliberately destroys the scene of an accident, or refuses to accept
investigation and refuses to provide information and materials relating to an
accident without justified reasons, the competent department shall, in
accordance with the relevant provisions of the state, impose disciplinary
sanctions on principals of involved organizations and persons directly
responsible; if a crime has been constituted, the judicial organs shall
investigate for criminal responsibilities.

Article 19 Where anyone neglects his duties, bends laws for his personal
interests, or makes retaliation when investigating and handling a casualty
accident, the organization to which he belongs shall, in accordance with the
relevant provisions of the state, impose disciplinary sanctions on him; if a
crime has been constituted, the judicial organ shall investigate for criminal
responsibilities.

Article 20 The work for handling a casualty accident shall be closed
within 90 days, or 180 days if the circumstances are special. The conclusion
shall be published after the closing of handling a casualty accident.
Chapter V Supplementary Provisions

Article 21 The labour department of the State Council shall, in
accordance with the relevant provisions of the state, formulate measures of
casualty statistics and report forms in consultation with the statistics
department of the State Council.

The labour department of the State Council shall, in consultation with the
relevant department of the State Council, formulate measures to determine
economic losses in casualty accidents and measures to classify accidents.

Provisions governing the investigation and handling of casualty accidents
in other laws and regulations than these Provisions shall prevail.

Article 22 The labour departments shall supervise and inspect the
implementation of these Provisions by enterprises.

Article 23 In the case of specially serious accidents, relevant
provisions of the state shall apply.

Article 24 Casualty accidents suffered by state organs, institutions and
mass organizations shall be handled with reference to these Provisions.

Article 25 The labour department of the State Council shall be
responsible for the interpretation of these Provisions.

Article 26 These Provisions shall enter into force as of May 1, 1991.
Procedures for the Report of Casualty Accidents to Workers and Staff
promulgated by the State Council in 1956 shall be repealed at the same time.

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

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

(Effective Date:1991.09.16–Ineffective Date:)

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

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

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

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

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

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

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

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

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

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

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

NATIONALITY LAW

Nationality Law of the People’s Republic of China

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

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

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

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

(Effective Date:1991.03.01–Ineffective Date:)

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

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

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

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

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

CHAPTER II REPORTING OF ACCIDENTS

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

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

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

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

CHAPTER III INVESTIGATION OF ACCIDENTS

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

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

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

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

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

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

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

Article 12 Duties of the accident investigation team:

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER V SUPPLEMENTARY PROVISIONS

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

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

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

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

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

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

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

REGULATIONS FOR THE ADMINISTRATION OF PRODUCT QUALITY CERTIFICATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) unifying or approving patterns of certification marks;

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

(4) examining and approving the certification testing bodies;

(5) registering and administering certification inspectors;

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

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

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

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

(10) supervising the operation of certification work.

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

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

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

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

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

(5) accepting and handling applications for certification;

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

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

(8) settling the disputes involved in certification;

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

(10) revoking certificates according to law.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 26 These Regulations do not apply to military products.

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

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

PROTECTION OF DISABLED PERSONS LAW

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) the situation of pollutants discharging;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RAILWAY LAW

ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

INTERIM PROVISIONS CONCERING COMPENSATION FOR BODILY INJURY OF PASSENGERS IN DOMESTIC AIR TRANSPORT

INTERIM REGULATIONS ON ENCOURAGING FOREIGN INVESTMENT IN THE DEVELOPMENT AND MANAGEMENT OF WHOLE TRACTS OF LAND

PROVISIONS ON THE REPORT AND HANDLING OF CASUALTY ACCIDENTS TO ENTERPRISES EMPLOYEES

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

NATIONALITY LAW

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

REGULATIONS FOR THE ADMINISTRATION OF PRODUCT QUALITY CERTIFICATION

PROTECTION OF DISABLED PERSONS LAW

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

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