1997

ADOPTION LAW

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


ADOPTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

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

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

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

    Chapter I    General Provisions

    Chapter II   Establishment of Adoptive Relationship

    Chapter III  Validity of Adoption

    Chapter IV   Termination of the Adoptive Relationship

    Chapter V    Legal Responsibility

    Chapter VI   Supplementary Provisions

Chapter I  General Provisions

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

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

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

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

    (1) orphans bereaved of parents;

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

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

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

    (1) guardians of an orphan;

    (2) social welfare institutions; or  

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

    Article 6  Adopters shall meet simultaneously the following requirements:

    (1) childless;

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

    (3) having reached the age of 35.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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






TOBACCO MONOPOLY LAW

Category  TOBACCO MONOPOLY Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1991-06-29 Effective Date  1992-01-01  


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

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

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

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

    Chapter I     General Provisions

    Chapter II    Plantation, Purchase and Allocation of Leaf Tobacco

    Chapter III   Production of Tobacco Products

    Chapter IV    Sale and Transportation of Tobacco Products

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

                  Cigarette Tow and Cigarette
Manufacturing Equipment

    Chapter VI    Import and Export Trade and Foreign Economic and

                  Technological Co-operation

    Chapter VII   Legal Responsibility

    Chapter VIII  Supplementary Provisions
Chapter I  General Provisions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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






MEASURES FOR THE ADMINISTRATION OF THE FOREIGN-RELATED ARCHAEOLOGICAL ACTIVITIES

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


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



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

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

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

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

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

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

    Article 5  For the purposes of these Measures,

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

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

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

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

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

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

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

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

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

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

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

    (1) intent of collaboration;

    (2) object, scope and purpose;

    (3) plan for team organization;

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

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

    (6) handling of accidents and risk sharing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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






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

19960429

The People’s Bank of China

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

June 11, 1991

Article 1

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

Article 2

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

Article 3

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

Article 4

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

Article 5

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

other documents and materials as PBC may require.

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

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

Article 6

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

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

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

Article 7

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

Article 8

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

Article 9

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

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

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

Article 10

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

Article 11

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

Article 12

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

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

Article 13

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

Article 14

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

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

Article 15

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

Article 16

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

Article 17

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

Article 18

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

Article 19

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



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

 







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

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


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

(November 15, 1991)

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






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

The General Administration of Customs

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

the General Administration of Customs

March 5, 1991

Article 1

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

Article 2

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

Article 3

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

Article 4

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

Article 5

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

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

Article 6

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

Article 7

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

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

Article 8

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

Article 9

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

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

Article 10

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

Article 11

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

Article 12

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

Article 13

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

Article 14

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



 
The General Administration of Customs
1991-03-05

 







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

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


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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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






CIVIL PROCEDURE LAW






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

    

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

Part One General Principles

Chapter I. Tasks, Scope of Application and Basic Principles

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter II. Jurisdiction

Section One: Differentiated Jurisdiction

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

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

(1) Major cases involving foreigners;

(2) Cases of great impact within its jurisdiction;

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

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

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

(1) Cases having great impact nationwide;

(2) Cases it deems necessary to try.

Section Two: Regional Jurisdiction

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

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

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

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

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

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

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

(4) Actions against persons in prison.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section Three: Transferred Jurisdiction and Designated Jurisdiction

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

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

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

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

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

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

Chapter III. Trial Group

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

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

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

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

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

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

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

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

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

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

Chapter IV. Withdrawal

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

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

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

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

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

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

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

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

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

Chapter V. Litigant Participants

Section One: Litigants

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section Two: Litigant Representatives

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

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

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

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

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

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

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

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

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

Chapter VI. Evidence

   Article 63. Evidence falls into the following categories

(1) Documentary evidence;

(2) Material evidence;

(3) Video and audio material;

(4) Testimony of witnesses;

(5) Statement by litigants;

(6) Conclusion of expert corroborations;

(7) Records of inspection.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter VII. Period and Service

Section I: Period

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

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

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

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

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

Section II: Service

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

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

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

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

The State Council

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

GuoFa [1991] No.12

March 6, 1991

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

1.

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

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

2.

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

3.

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

4.

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

5.

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

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

Attachment:

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

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

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

 
The State Council
1991-03-06

 




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

The Standing Committee of the National People’s Congress

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

Order No. 49 [1991] of President

June 29, 1991

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

ContentsChapter I General Provisions

Chapter II Prevention

Chapter III Rehabilitation

Chapter IV Supervision

Chapter V Legal Responsibility

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

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

Article 2

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

Article 3

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

Article 4

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

Article 5

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

Article 6

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

Article 7

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

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

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

Article 8

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

Article 9

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

Article 10

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

Article 11

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

Chapter II Prevention

Article 12

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

Article 13

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

Article 14

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

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

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

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

Article 15

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

Article 16

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

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

Article 17

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

Article 18

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

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

Article 19

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

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

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

Article 20

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

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

Chapter III Rehabilitation

Article 21

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

Article 22

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

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

Article 23

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

Article 24

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

Article 25

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

Article 26

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

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

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

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

Article 27

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

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

Article 28

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

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

Chapter IV Supervision

Article 29

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

Article 30

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

Article 31

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

Chapter V Legal Responsibility

Article 32

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

Article 33

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

Article 34

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

Article 35

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

Article 36

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

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

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

Article 37

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

Article 38

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

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

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

Article 39

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

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

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

Article 40

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

Chapter VI Supplementary Provisions

Article 41

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

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

Article 42

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



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

 







CONSTITUTION ACT, 1982 – page 22

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