1998

REGULATIONS FOR THE IMPLEMENTATION OF THE IMPORT AND EXPORT COMMODITY INSPECTION

Category  INSPECTION OF IMPORT AND EXPORT COMMODITIES Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-10-23 Effective Date  1992-10-23  


Regulations for the Implementation of the Law of the People’s Republic of China on Import and Export Commodity Inspection

Chapter I  General Provisions
Chapter II  Inspection of Import Commodities
Chapter III  Inspection of Export Commodities
Chapter IV  Survey of Import and Export Commodities
Chapter V  Supervision and Control
Chapter VI  Legal Responsibility
Chapter VII  Supplementary Provisions

(Approved by the State Council on October 7, 1992 and promulgated by

Decree No. 5 of the State Administration for Import and Export Commodity
Inspection on October 23, 1992)
Chapter I  General Provisions

    Article 1  These Regulations are formulated in accordance with the Law of
the People’s Republic of China on Import and Export Commodity Inspection
(hereinafter referred to as the Law of Commodity Inspection).

    Article 2  The State Administration for Import and Export Commodity
Inspection of the People’s Republic of China (hereinafter referred to as the
State Administration for Commodity Inspection) shall be in charge of the
inspection work of import and export commodities throughout the country.

    Article 3  The import and export commodity inspection bureaux and their
branches (hereinafter referred to as the commodity inspection authorities) set
up by the State Administration for Commodity Inspection in the provinces,
autonomous regions and municipalities directly under the Central Government,
as well as at ports and concentrating and distributing centres of import and
export commodities shall be in charge of the inspection work of import and
export commodities in the regions under their jurisdiction. The commodity
inspection authorities are held responsible for inspection and surveying of
the import and export commodities, administration and supervision over the
quality and inspection work of import and export commodities.

    Article 4  In the light of the need in the development of foreign trade,
the State Administration for Commodity Inspection shall formulate, adjust and
publish a List of Import and Export Commodities Subject to Inspection Enforced
by the Commodities Inspection Authorities (hereinafter referred to as the List
of Commodities) for those commodities which involve social and public
interests.

    Article 5  The statutory inspection on imports and exports by the
commodity inspection authorities or inspection agencies designated by the
State Administration for Commodity Inspection or commodity inspection
authorities covers:  

    (1) inspection of import and export commodities included in the List of
Commodities;

    (2) hygiene inspection on the foods for export;

    (3) testing and inspection on the performance and employment of the
packages and containers for dangerous export goods;

    (4) cargo worthiness inspection on such means of transportation as
vessels’ holds and containers for carrying perishable foods and frozen goods
for export;

    (5) inspection of imports and exports to be conducted by the commodity
inspection authorities according to relevant international treaties; and

    (6) inspection of imports and exports to be carried out by the commodity
inspection authorities as stipulated in other laws and administrative
regulations.

    Article 6  Hygiene inspection of imported and exported medicine,
calibration of weighing and measuring instruments, supervision and inspection
on the safety of imported and exported boilers and pressure vessels, survey of
the ships (including offshore platform, main equipments and materials for the
ships) and containers, inspection on airworthiness of aeroplanes (including
the plane’s engine and equipment) and safety inspection on nuclear
pressurebearing equipment are to be undertaken by other inspection
organizations according to the provisions of relevant laws and administrative
regulations.

    Article 7  The commodity inspection authorities may conduct random
inspection of and exercise supervision and control over the import and export
commodities other than those subject to statutory inspection.  

    With regard to the import and export commodities other than those subject
to statutory inspection for which the commodity inspection authorities have
issued inspection certificates as provided for in the foreign trade contract
or as applied for by the consignees and consignors of the commodities, the
commodity inspection authorities shall undertake inspection accordingly.

    Article 8  Samples of imports and exports, gifts, non-trade exhibits and
other non-trade articles may be exempted from inspection, unless otherwise
stipulated by the State or specified in the foreign trade contract.  

    Those import and export commodities included in the List of Commodities
having been found consistent in quality through inspection by the commodity
inspection authorities, or having been certified in quality by the relevant
foreign organizations approved by the State Administration for Commodity
Inspection may be exempted from inspection upon application by the consignees,
consignors or manufacturers of the goods and the approval by the State
Administration for Commodity Inspection.

    The specific measures for the exemption of import and export commodities
from inspection shall be formulated by the State Administration for Commodity
Inspection.

    Article 9  The inspection on import and export commodities by the
commodity inspection authorities covers quality, specifications, quantity,
weight, packages, as well as safety and hygiene requirements.

    Article 10  The commodity inspection authorities shall conduct inspection
on import and export commodities according to the following standards:  

    (1) If the compulsory standards or other inspection standards which must
be complied with are specified by laws or administrative regulations, the
inspection shall be performed according to the standards as specified by laws
and administrative regulations;  

    (2) In the absence of the compulsory standards or other inspection
standards which must be complied with as specified by laws or administrative
regulations, the inspection shall be performed according to the standards
agreed upon in the foreign trade contracts; if the trade is conducted against
the sample, the inspection shall be performed simultaneously according to the
sample provided;  

    (3) In case the compulsory standards or other inspection standards which
must be complied with as specified by laws or administrative regulations are
lower than the standards agreed upon in the foreign trade contract, the
inspection shall be conducted according to the standards agreed upon in the
foreign trade contract. If the trade is conducted against the sample, the
inspection shall be performed simultaneously according to the sample provided;
and  

    (4) In the absence of compulsory standards or other inspection standards
which must be complied with as specified by laws or administrative
regulations, and in case inspection standards are either not agreed upon or
agreed upon unclearly in the contract, the inspection shall be conducted
according to the standards of the manufacturing country, or relevant
international standards or the standards designated by the State
Administration for Commodity Inspection.

    Article 11  Based on the need of foreign trade and inspection work, the
State Administration for Commodity Inspection may formulate the sector
standards for the methods in the inspection of import and export commodities.

    Article 12  The inspection personnel of the commodity inspection
authorities are allowed to undertake inspection assignments after they pass
the qualification test and obtain certificates.  

    While performing their duties according to law, the inspection personnel
shall be free from any illegal interference or obstruction.
Chapter II  Inspection of Import Commodities

    Article 13  For import commodities subject to statutory inspection, the
consignees must make registration for the import commodities with the
commodity inspection authorities located at the port of discharge or the
station of arrival, which shall affix a stamp indicating “registration
accepted” on the Customs declarations. The commodities shall be checked and
released by the Customs against that stamp on the Customs declaration.

    Article 14  For the import commodities of which the inspection sites are
agreed upon in the foreign trade contracts or shipping contracts, the
inspection shall be conducted at the said sites; in the absence of such
agreement, the inspection shall be conducted at the port of discharge or the
station of arrival or at the sites designated by the commodity inspection
authorities.

    For large-volumed commodities in bulk and perishable goods or for those
commodities found damaged or deficient in quantity or weight during discharge,
the inspection must be performed at the port of discharge or the station of
arrival.  

    For the complete sets of equipment, machinery, electrical equipment and
meters and instruments of which inspection must go along with their
installations and trial performance and for the commodities which are
difficult to be repacked after opening up for inspection, the inspection may
be conducted at the sites of the consignees.

    Article 15  For the import commodities subject to statutory inspection,
the consignees, having made the registration, must apply to the commodity
inspection authorities for inspection by presenting the contracts, invoices,
packing lists, bills of lading and other necessary documents at the inspection
sites designated within the specified time limits and the commodity inspection
authorities shall conduct the inspection or organize the conduct of the
inspection. Those commodities that have not undergone application and
inspection are not permitted to be marketed or otherwise put to use.

    For the import commodities other than those subject to statutory
inspection which, however, shall be inspected by the commodity inspection
authorities as agreed upon in the foreign trade contract, the procedures for
application and inspection shall be followed as stipulated in the preceding
paragraph.

    Article 16  For the import commodities which already have been applied for
inspection, the commodity inspection authorities shall complete the inspection
within the time limit of claim. For those found up to standard, notices shall
be issued about the results of inspection; for those found substandard or for
those subject to inspection results by the commodities inspection authorities
according to the agreement in the foreign trade contract, the inspection
certificates should be issued respectively.

    Article 17  The import commodities that are found not in compliance with
the compulsory standards as stipulated by laws and administrative regulations
or other inspection standards that must be complied with by the commodity
inspection authorities shall undergo technical treatment under the supervision
of the commodity inspection authorities; only those proved up to standard
through reinspection are permitted to be marketed or put to use. As for those
which cannot undergo technical treatment or those found still not up to
standard through reinspection even after technical treatment, the commodity
inspection authorities shall order the consignees to return or destroy the
commodities.

    Article 18  For complete sets of equipment and accessories found not up to
standard through inspection, the commodity inspection authorities shall issue
notices indicating “installation and use not allowed”. Those found up to
standard through re-inspection by the commodity inspection authorities after
technical treatment may be installed and used.

    Article 19  Upon the arrival of import mobile vehicles, the consignees
shall procure license-plates from the traffic control office on the strength
of the inspection certificate for import vehicles issued by the commodity
inspection authorities, and report to the commodity inspection authorities the
vehicle’s condition 30 days prior to the expiration of the validity date of
quality warranty for record.

    Article 20  As to the import commodities subject to neither statutory
inspection nor to that by commodity inspection authorities as agreed upon in
the foreign trade contracts, the consignees shall receive the commodities
through their own inspection in a way as stipulated in the contract. The
commodity inspection authorities may supervise and urge the
inspection-receiving of the consignees and conduct random and check-up
inspection. In case the commodities are found substandard through inspection,
for which a claim is to be lodged on the strength of the inspection
certificate, the consignees shall apply in time to the commodity inspection
authority at the locality for inspection and certification.

    Article 21  For the import commodities found substandard through
inspection or random and check-up inspection by the commodity inspection
authorities with a claim already lodged with the foreign party for
compensation, a sufficient quantity of the goods or samples shall be retained
by the consignees provided that the commodities are not to be replaced or
returned; while the commodities intended for replacement by or return to the
foreign party must be well kept and may not be used until the settlement of
the compensation case.

    Article 22  If the import commodities are found damaged or short in
quantity or weight during discharge at the port for which a claim for
compensation is to be lodged, the consignees shall apply in time to the
commodity inspection authority at the port for inspection and certification.
The unloading unit shall discharge and store damaged goods separately.

    Article 23  For those important import commodities and large sized
complete sets of equipment involving the interests of the State and the
people, or of fairly high value and technical sophistication, the consignees
shall stipulate in the foreign trade contracts the clause to conduct initial
inspection and supervise the manufacturing or loading in the exporting
countries before shipment; and shall reserve the right of final inspection
after the arrival of goods and the right for lodging a claim in the contract,
and shall carry out the initial inspection and supervision over the
manufacturing or loading as agreed upon in the contracts.  

    The competent departments of the consignees shall strengthen the
supervision over the initial inspection, supervision of manufacturing or
loading of imported commodities before shipment. The commodity inspection
authorities, when necessary, may dispatch inspection personnel to take part
in, or may organize the conduct of, the initial inspection and supervision
over the manufacturing or loading before shipment.
Chapter III  Inspection of Export Commodities

    Article 24  For export commodities subject to statutory inspection, the
consignors shall apply to the commodity inspection authorities for inspection
by presenting the contract and other relevant documents at the site and within
the time limit specified by the commodity inspection authorities. The
commodity inspection authorities shall conduct inspection or organize the
conduct of the inspection.  

    For export commodities that are not subject to statutory inspection, but
subject to inspection by the commodity inspection authorities as agreed upon
in the foreign trade contract, the procedures for application and inspection
shall be followed as stipulated in the preceding paragraph.

    Article 25  For the export commodities already applied for inspection, the
commodity inspection authorities shall complete the inspection within the time
limit of not delaying the shipment. For those found up to standard through
inspection, the commodity inspection authorities shall issue inspection
certificates or releasing notices or shall affix stamps for releasing on the
Customs declaration as specified.  

    With regard to the export commodities to be inspected at the production
site while requiring a change of certification at the outbound port for
export, the commodity inspection authority at the production site shall issue
a certificate for the change of inspection certification as specified. The
consignor shall apply to the commodity inspection authority at the port for
checkup by presenting the said certificate and relevant documents within the
specified time limit. For those up to standard through inspection, the
commodity inspection authority at the port shall issue its inspection
certificates instead and the releasing notice or affix a releasing stamp on
the Customs declaration.

    Article 26  For export commodities other than those subject to statutory
inspection, the commodity inspection authorities may carry out random
inspection at regular  or  irregular intervals on the basis of the inspection
by manufacturers and trade units.

    Article 27  For the export commodities found up to standard through
inspection by the commodity inspection authorities, the consignors shall apply
for outbound shipping within 60 days from the date of issuance of the
inspection certificates or releasing notices; for outbound fresh and live
export goods, the consignors shall apply for shipping within the specified
time limit. Any deferment in export requires the consignors to apply to the
commodity inspection authorities for re-inspection.

    Article 28  Enterprises manufacturing packing containers for dangerous
goods for export must apply to the commodity inspection authorities for
performance testing of the packing containers. Only those packing containers
meeting the requirements through testing by the commodity inspection
authorities with performance testing certificates procured shall be permitted
for carrying dangerous goods.  

    Enterprises producing dangerous goods for export must apply to the
commodity inspection authorities for employment testing of the packing
containers. Only those packing containers for dangerous goods meeting the
requirements through testing by the commodity inspection authorities with
employment testing certificates procured shall be permitted to be employed for
carrying dangerous goods for export.

    Article 29  For such means of transportation as vessels’ holds and
containers for carrying perishable foods and frozen goods for export, the
carriers and stuffing units or their agents must, before shipment, apply to
the commodity inspection authorities for inspection on fitness for carrying
the goods in respect to conditions like cleanliness, hygiene, freezing
efficiency, and sealing and tightness. Only those found up to the requirements
with certificates procured shall be allowed for shipment.

    Article 30  Export commodities subject to statutory inspection shall be
released by the Customs against the certificates, notices or the releasing
stamps affixed on the Customs declarations as prescribed in Articles 25, 28,
and 29 of these Regulations.

    Article 31  No commodities for export that are found substandard through
inspection, check-up at the port or random inspection by the commodity
inspection authorities shall be permitted for export.
Chapter IV  Survey of Import and Export Commodities

    Article 32  The commodity inspection authorities, and the inspection
agencies designated by the State Administration for Commodity Inspection or by
the commodity inspection authorities and other inspection agencies approved by
the State Administration for Commodity Inspection may accept the entrustment
of the foreign trade interested parties, relevant units at home and abroad or
foreign inspection agencies for surveying services of import and export
commodities within the specified scope and may issue certificates of survey.

    Article 33  The surveying services of import and export commodities
include:

    (1) quality inspection, quantity and weight survey, packaging survey and
evaluation of weight tonnage of import and export commodities;

    (2) supervision over loading and unloading of import and export
commodities;

    (3) stowage survey, damage survey, cargo damage survey, and average survey
of import and export commodities;

    (4) survey of the cargo worthiness of such means of transportation as
vessels, wagons, vehicles, aeroplanes and containers for the shipping of
export commodities;

    (5) sealing of the vessels’ holds or tanks, hatch survey and ullage
measurement for the shipping of import and export commodities;

    (6) survey of containers and containerized goods;

    (7) estimation and determination of the value, classifications, quality,
quantity and loss of the assets invested by the foreign business bodies
relevant to import and export commodities;

    (8) drawing and sealing of various kinds of samples;

    (9) issuance of certificates of value and other surveying and inspection
certificates; and

    (10) other surveying services for import and export commodities.

    Article 34  Upon the application of foreign trade interested parties, the
commodity inspection authorities may undertake issuance of certificates of
origin in connection with the General System of Preferences (G.S.P) and
general certificates  of  origin according to relevant laws and administrative
regulations.

    Article 35  When foreign trade interested parties intend to apply to the
commodity inspection authorities for  survey services, they shall provide
contracts, letters of credit and other relevant documents.
Chapter V  Supervision and Control

    Article 36  The State Administration for Commodity Inspection and
commodity inspection authorities shall exercise supervision and control over
the inspection work conducted by the inspection agencies and personnel
designated or accredited by the consignees, consignors, manufacturers,  
trading units,  storage and transport units of the import and export
commodities, the State Administration for Commodity Inspection and commodity
inspection authorities.

    Article 37  The State Administration for Commodity Inspection shall, in
the light of the need, conclude quality certification agreements on import and
export commodities with relevant foreign bodies. The commodity inspection
authorities shall conduct quality certification for import and export
commodities according to the relevant agreements or upon entrustment by
relevant foreign bodies. For those import and export commodities and their
manufacturers found qualified through certification, due certificates shall be
issued, and the use of quality certification marks for import and export
commodities shall be allowed. The specific measures shall be formulated by the
State Administration for Commodity Inspection.

    Article 38  In the light of the need, the State shall implement an import
safety license and export quality license system for important import and
export commodities involving safety and hygiene and their manufacturers. The
specific measures shall be formulated by the State Administration for
Commodity Inspection in conjunction with the relevant competent departments
under State Council.  

    No import commodities subject to the import safety license system shall be
allowed for import unless they have been granted an import safety license by
the State Administration for Commodity Inspection.  

    No export commodities subject to the export quality license system shall
be allowed for export unless they have been granted an export quality license
by the State Administration for Commodity Inspection or granted jointly by the
State Administration for Commodity Inspection and the relevant departments
under the State Council.

    Article 39  The State shall implement a hygiene registration system for
the foods for export and their manufacturers (including processing plant,
slaughter-houses, storehouses and cold storage, similarly hereinafter). The
specific measures shall be formulated by the State Administration for
Commodity Inspection in conjunction with the relevant competent departments
under the State Council.  

    Manufacturers of foods for export which are subject to a hygiene
registration system shall apply to the commodity inspection authorities for
hygiene registration; they shall not be allowed to produce, process or store
foods for export unless they have obtained the approval from the State
Administration for Commodity Inspection.  

    Manufacturers of foods for export which need overseas registration shall
apply to the State Administration for Commodity Inspection for unified
handling of the matter after they have gone through registration as stipulated
in the preceding paragraph.

    Article 40  Upon the application of manufacturers of goods for export or
at the request of foreign parties, the commodity inspection authorities shall
assess their quality assurance system. The specific measures shall be
formulated by the State Administration for Commodity Inspection.  

    Article 41  In case the manufacturers of import and export commodities
which have been approved to use certification marks or granted the import
safety license, export quality license or certificates of hygiene registration
are found not up to the specified requirements through re-examination, the
commodity inspection authorities shall instruct them to make improvements
within the specified time limit. If they still fail to meet the specified
requirements beyond the time limit, their qualification for using the
certification marks shall be canceled or their import safety license, export
quality license or certificates of hygiene registration shall be rescinded
subject to the approval by the State Administration for Commodity Inspection.

    Article 42  In the light of the need of inspection work, the commodity
inspection authorities may dispatch inspectors to the manufacturers of export
commodities subject to statutory inspection to undertake supervision over the
quality inspection of the export commodities before their release from the
factories, to conduct examination and supervision over the production and
testing conditions and quality assurance system of the manufacturers, and to
conduct random inspection on raw materials, parts and finished products,
packaging, marking, etc., used for the export commodities.

    Article 43  The commodity inspection authorities may, in the light of the
need, affix commodity inspection marks on the import and export commodities
found up to standard through inspection; and carry out the sealing for the
import and export commodities found up to standard or those that must be
sealed. The making and issuance of the commodity inspection marks and seals
shall be regulated by the State Administration for Commodity Inspection.

    Article 44  The commodity inspection authorities or the inspection
agencies designated or accredited by the State Administration for Commodity
Inspection or commodity inspection authorities shall conduct sampling
inspection of import and export commodities according to relevant
stipulations. The relevant

INTERIM PROVISIONS OF THE MINISTRY OF JUSTICE,THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON THE ESTABLISHMENT OF OFFICES WITHIN THE TERRITORY OF CHINA BY FOREIGN LAW FIRMS

The Ministry of Justice, the State Administration for Industry and Commerce

Interim Provisions of the Ministry of Justice,the State Administration for Industry and Commerce on the Establishment of Offices within
the Territory of China by Foreign Law Firms

the Ministry of Justice, the State Administration for Industry and Commerce

May 26, 1992

Chapter I General Provisions

Article 1

These Provisions are formulated for the purposes of promoting the foreign economic and trade development and legal affairs exchange
and administering the establishment of offices within the territory of China by foreign law firms.

Article 2

Upon approval of the Ministry of Justice of the People’s Republic of China and with registration at the State Administration for Industry
and Commerce of the People’s Republic of China, foreign law firms may establish their offices within the territory of China.

Article 3

Without approval and registration, no foreign law firm may establish any office within the territory of China and carry out any business
activity permitted by these Provisions. No foreign law firm may engage in a legal service activity in the name of consulting company
or commercial company or any other name.

Article 4

Offices established within the territory of China by foreign law firms (hereinafter referred to as offices of foreign law firms) and
their members must comply with China’s laws and may not harm the State security and social public interests of China and the lawful
rights and interests of Chinese citizens and legal persons.

Article 5

Business activities engaged in by the offices of foreign law firms and their members within the scope of these Provisions are protected
by China’s laws.

Article 6

According to the principle of mutual benefits, if a country to which the foreign law firm belongs allows Chinese law firms establish
offices within its territory, foreign law firms of the said country may establish offices within the territory of China according
to these Provisions.

Chapter II Establishment and Termination

Article 7

A foreign law firm which desires to establish an office within the territory of China shall submit its written application directly
to the Ministry of Justice of the People’s Republic of China or to the department (bureau) of justice in the place where the office
is located for transferring to the Ministry of Justice. The Ministry of justice of the People’s Republic of China examines the application,
makes a decision of approval or disapproval and issues a notice to the applicant within 60 days.

Article 8

A foreign law firm applying to establish an office within the territory of China shall submit the following materials (one original
and two duplicate copies) to the Ministry of Justice of the People’s Republic of China:

(1)

a written application signed by the legal representative or the major partner of the said foreign law firm, which contains:

a.

the name of the firm;

b.

reasons for establishing the office;

c.

basic information about the said foreign law firm;

d.

profiles of the chief representative and other members of the office;

e.

the scope of business;

f.

term and location of the office.

(2)

the legal certificate of business (duplicate) and letter of recommendation issued by the competent organ or organization of the country
to which the foreign law firm belongs;

(3)

power of attorney on the appointment of the chief representative of the office by the said law firm;

(4)

qualification certificates (duplicates) of lawyers dispatched to the office;

(5)

a letter of guarantee for complying with China’s laws and accepting supervision and administration from the relevant departments of
China; and

(6)

laws or documents of the country to which the said law firm belongs on allowing foreign law firms to establish offices in the said
country.

The written application specified in the preceding paragraph must be written in Chinese language, and other materials must be accompanied
with Chinese translations; the documents specified in sub-paragraphs (2), (3) and (4) of the preceding paragraph must be notarized
by the notary organizations of the country to which the foreign law firm belongs, and certified by the embassy or consulate of the
People’s Republic of China in the said country.

Article 9

An applicant shall, within 60 days after receiving the notice of approval, acquire a certificate of approval at the time and place
designated by the Ministry of Justice of the People’s Republic of China.

The applicant shall, within 30 days from the date of issuing the certificate of approval, apply for registration to the State Administration
for Industry and Commerce of the People’s Republic of China, and if no application for registration is filed as scheduled, the certificate
of approval becomes invalid automatically.

Article 10

The name of the office of a foreign law firm shall be called XX Law Firm XX (the city name) Office.

Article 11

The term of the office of a foreign law firm is five years, and upon approval, may be extended after the expiration of the term. The
term is computed from the date of issuing the certificate of registration.

Article 12

If the office of a foreign law firm changes its name, business scope, office location or chief representative, it shall submit a written
application to the organ originally approving its establishment, and after approval, apply to the original registration organ for
change registration within 30 days by presenting the document of approval.

Article 13

If the term of an office of a foreign law firm expires or its business activities are terminated in advance, it shall, 60 days in
advance, submit a written report to the original approval organ and registration organ, and after completing the settlement of its
taxes, debts and other matters, go through cancellation registration at the original registration organ.

Article 14

Foreign law firms assume direct responsibility for taxes and debts of their offices established within the territory of China.

Chapter III Business

Article 15

Offices of foreign law firms and their members may engage in the following business activities:

(1)

to provide consultancy to their clients on laws of the countries approving the lawyers of the said law firms to practice lawyer’s
business and on related international treaties, international commercial laws and international practice;

(2)

to accept authorization from their clients or China s law firms to handle legal affairs in the countries which have approved the lawyers
of the said law firms; and

(3)

to represent for foreign clients and to entrust China’s law firms to handle legal affairs within the territory of China.

Article 16

Offices of foreign law firms and their members may not engage in the following business activities:

(1)

to act as agent on Chinese legal affairs;

(2)

to interpret China s laws to their clients; or

(3)

other business activities not allowed by China’s laws for foreigners to engage in.

Article 17

Hiring of employees by offices of foreign law firms are handled with reference to the relevant provisions on the administration of
employees of permanent representative organizations of foreign enterprises.

Offices of foreign law firms may not employ Chinese lawyers.

Article 18

When engaging in business activities, offices of foreign law firms may charge fees from their clients. Fees charged from business
activities within the territory of China shall be settled within the territory of China. Their charging methods and standards must
be reported to the approval organ and registration organ for the record.

Chapter IV Administration

Article 19

The Ministry of Justice of the People’s Republic of China is the government department in charge of the administration of offices
of foreign law firms, exercises unified administration, supervision and inspection of business activities of offices established
in China by foreign law firms.

The Ministry of justice of the People’s Republic of China authorizes the departments (bureaus) of Justice of provinces, autonomous
regions and municipalities directly under the Central Government in the places where the offices of foreign law firms are located
to administer, supervise and inspect business activities of offices of foreign law firms according to these Interim Provisions.

Article 20

Offices of foreign law firms and their members shall follow China’s laws in carrying out their activities of entry and exit, residence,
taxation, foreign exchange, financial accounting and other fields, and accept the administration and supervision from the competent
organs of the Chinese government.

Article 21

Foreign law firms shall pay application fees to the approval organs when applying to establish offices within the territory of China,
and shall pay registration fees to the registration organs when applying for registration.

Article 22

Offices of foreign law firms must, prior to January 30 each year, submit their reports in Chinese language on their business activities,
financial revenues and expenditures, tax payment and other related information in the preceding year (in three copies) to the local
departments (bureaus) of justice.

The office of a foreign law firm must, 30 days prior to the expiration of the Registration Certificate issued by the registration
organ, apply to the State Administration for Industry and Commerce for a replacement of certificate.

Article 23

If an office of a foreign law firm violates these Provisions, the Ministry of Justice of the People’s Republic of China or its authorized
department (bureau) of justice of the province, autonomous region or municipality directly under the Central Government may give
such sanctions as warning, order for suspension of business or revocation of the approval according to the seriousness of the circumstance;
and the State Administration for Industry and Commerce of the People’s Republic of China or its authorized local administrative organ
for industry and commerce may give such sanctions as fine, confiscation of illegal gains or revocation of its registration in accordance
with laws and regulations governing the administration for industry and commerce.

Chapter V Supplementary Provisions

Article 24

The establishment of permanent representatives within China by foreign law firms is governed by applying mutatis mutandis these Interim
Provisions.

Article 25

The establishment of offices or permanent representatives in the Chinese mainland by law firms from Hong Kong and Macao is governed
by reference to these Interim Provisions for the time being.

Article 26

The Ministry of Justice of the People’s Republic of China is responsible for the interpretation of these Interim Provisions.

Article 27

These Interim Provisions shall enter into force as of the date of promulgation.



 
The Ministry of Justice, the State Administration for Industry and Commerce
1992-05-26

 







PROTECTION OF MINORS

Law of the People’s Republic of China on the Protection of Minors

    

(Adopted at the 21st Meeting of the Standing Committee of the Seventh National People’s Congress on September 4, 1991, promulgated
by Order No. 50 of the President of the People’s Republic of China on September 4, 1991 and effective as of January 1, 1992)

CHAPTER I GENERAL PROVISIONS

CHAPTER II PROTECTION BY THE FAMILY

CHAPTER III PROTECTION BY THE SCHOOL

CHAPTER IV PROTECTION BY THE SOCIETY

CHAPTER V JUDICIAL PROTECTION

CHAPTER VI LEGAL RESPONSIBILITY

CHAPTER VII SUPPLEMENTARY PROVISIONS

   Article 1 This Law is enacted in accordance with the Constitution for the purpose of protecting the physical and mental health of
minors, safeguarding their lawful rights and interests, promoting their all- round development-morally, intellectually and
physically, and training them into successors to the socialist cause with lofty ideals, sound morality, better education
and a good sense of discipline.

   Article 2 Minors as used in this Law refer to citizens under the age of eighteen.

   Article 3 The State, society, schools and families shall educate minors in ideals, morality, culture, discipline and legal system as well
as in patriotism, collectivism, internationalism and communism, foster among them the social ethics of loving the motherland,
the people, labour, science and socialism, and fight against the corrosive influences of bourgeois, feudal and other decadent
ideologies.

   Article 4 The protection of minors shall follow the following principles:

(1) Safeguarding the lawful rights and interests of minors;

(2) Respecting the personal dignity of minors;

(3) Fitting in with the characteristics of minors’ physical and mental development; and

(4) Combining education with protection.

   Article 5 The State shall protect the rights of the person and property as well as other lawful rights and interests of minors from violation.

To protect minors is the common responsibility of State organs, armed forces, political parties, social organizations,
enterprises and institutions, self-governing organizations of mass character at grass- roots levels in urban and rural areas,
guardians of minors and other adult citizens.

Any organization or individual shall have the right to dissuade or stop any act encroaching upon the lawful rights and interests
of minors, or report to or complain before a department concerned thereagainst.

The State, society, schools and families shall educate and help minors to safeguard their lawful rights and interests by legal
means.

   Article 6 State organs at the central and local levels shall, within the scope of their functions and responsibilities, ensure the protection
of minors.

The State Council and the people’s governments of the provinces, autonomous regions and municipalities directly under
the Central Government shall adopt organizational measures according to needs to coordinate the departments concerned
in their efforts to ensure the protection of minors.

The Communist Youth League organs, women’s federations, trade unions, youth federations, students’ federations, young pioneers’
organizations and other social organizations shall assist the people’s governments at various levels in ensuring the protection
of minors and safeguarding their lawful rights and interests.

   Article 7 The people’s governments at various levels and departments concerned shall give awards to organizations and individuals that
have made outstanding achievements in the protection of minors.

CHAPTER II PROTECTION BY THE FAMILY

   Article 8 The parents or other guardians of minors shall fulfil their responsibility of guardianship and their obligations according to
law to bring up the minors. They shall not maltreat or forsake the minors, nor shall they discriminate against female
or handicapped minors. Infanticide and infant-abandoning shall be forbidden.

   Article 9 The parents or other guardians of minors shall respect the minors’ right to receive education, must ensure to the minors of
school age the compulsory education as provided by relevant regulations, and shall not make minors receiving compulsory
education at school discontinue their schooling.

   Article 10 The parents or other guardians of minors shall cultivate the minors in sound ideology and conduct by appropriate methods, guide
them to undertake activities that are conducive to their physical and mental development, prevent and stop them from smoking,
excessive drinking, leading a vagrant life, gambling, drug-taking or prostitution.

   Article 11 The parents or other guardians of minors may not permit or force the minors to marry, nor may they undertake an engagement for
the minors.

   Article 12 The parents or other guardians of minors who refuse to perform their duties as guardians or encroach upon the lawful rights
and interests of the minors under their guardianship shall bear the responsibility therefor according to law.

Where the parents or other guardians of minors commit any act specified in the preceding paragraph and refuse to mend their
ways after education, the people’s court may, upon application by the person(s) or unit(s) concerned, disqualify them as guardians
and designate guardians anew in accordance with the provisions in Article 16 of the General Principles of the Civil Law.

CHAPTER III PROTECTION BY THE SCHOOL

   Article 13 Schools shall comprehensively implement the State policy for education and conduct moral, intellectual, physical, aesthetic
and labour education among the minor students, and give them guidance in social life as well as education in puberty knowledge.

Schools shall show concern for and take good care of the minor students; with respect to those who have shortcomings in conduct
or difficulties in study, schools shall give patient education and help, and may not discriminate against them.

   Article 14 Schools shall respect the minor students’ right to receive education and may not arbitrarily expel any minor students from schools.

   Article 15 Teaching and administrative staff in schools and kindergartens shall respect the personal dignity of the minors, and
may not enforce corporal punishment or corporal punishment in disguised forms, or any other act that humiliates the personal
dignity of the minors.

   Article 16 Schools may not let the minor students engage in any activity in school buildings or in any other educational and teaching facilities
that are dangerous to their personal safety and health.

No organization or individual may disrupt the order of teaching in schools, occupy or damage school ground, housing and installations.

   Article 17 Collective activities organized by schools and kindergartens for minor students and children, such as taking part in rallies,
recreational activities and social practices, shall be conductive to the sound growth of minors; accidents endangering personal
safety shall be prevented.

   Article 18 In respect of minors who are sent to work-and-study schools to receive compulsory education pursuant to relevant regulations of
the State, the work-and-study schools shall conduct among such minors ideological, cultural, labour skill and vocational
education.

Teaching and administrative staff in work-and-study schools shall show concern for, take good care of and respect the students
and may not discriminate against or detest such students.

   Article 19 Kindergartens shall do a good job in nursing care and education so as to promote the harmonious development of the children
in physique, intellectual ability and moral values.

CHAPTER IV PROTECTION BY THE SOCIETY

   Article 20 The State shall encourage social organizations, enterprises, institutions and other organizations and citizens to hold various
forms of social activities that are conducive to the sound growth of minors.

   Article 21 People’s governments at various levels shall create conditions to establish and improve places and facilities suited to
the needs of minors for cultural life.

   Article 22 Museums, memorial halls, scientific and technological centres, cultural centres, cinemas and theatres, stadiums
and gymnasiums, zoos, parks and other similar places shall be open to secondary school students and primary school
pupils on preferential basis.

   Article 23 In respect of places, such as commercial dancing halls that are not appropriate for minors to take part in the activities therein,
the competent departments and business managers shall take measures to ensure that no admission shall be given to minors.

   Article 24 The State shall encourage units of the press, publication, broadcasting, film and television, art and literature, as well
as writers, scientists, artists and other citizens to create or provide works beneficial to the sound growth of minors.
The State shall render support to the publication of books, newspapers, magazines and audio- visual products specially catering
to minors.

   Article 25 It shall be strictly prohibited for any organization or individual to sell, rent, or disseminate by any other means to minors,
books, newspapers, magazines or audio-visual products of pornography, violence, wanton killing and terror that are pernicious
to minors.

   Article 26 Food, toys, utensils and amusement facilities for children may not be harmful to children’s safety and health.

   Article 27 No person may smoke in the classrooms, dormitories and recreational rooms of secondary and primary schools, kindergartens,
as well as any other indoor places where minors gather for activities.

   Article 28 No organization or individual may hire any minor under the age of sixteen, except as otherwise provided by the State.

Any organization or individual that recruits according to relevant regulations of the State minors over the age of sixteen
but under eighteen shall, in respect of the types of jobs, duration of time and intensity of labour as well as protective
measures, follow the relevant regulations of the State and may not assign them to any overstrenuous, poisonous or harmful labour
or any dangerous operation.

   Article 29 In respect of minors who wander about and go begging or those who flee from their homes, the civil affairs departments or
other departments concerned shall take the responsibility to send them back to their parents or other guardians; with regard
to those whose parents or guardians cannot be ascertained for the time being, the welfare organizations for children
established by the civil affairs departments shall accept and take care of them.

   Article 30 No organization or individual may disclose the personal secrets of minors.

   Article 31 No organization or individual may conceal, destroy or discard mail of any minor. Except when the inspection of mail in accordance
with legal procedures by the public security organs or the people’s procuratorates is necessary for the investigation
of a criminal offence, or when the opening of mail of a minor without capacity is done on his or her behalf by the parents
or other guardians, no organization or individual may open mail of any minor.

   Article 32 Departments of public health and schools shall provide minors with necessary sanitary and health-care conditions and make efforts
to prevent diseases.

   Article 33 Local people’s governments at various levels shall make efforts to develop child-care undertakings and strive to run nurseries
and kindergartens well, encourage and support State organs, social organizations, enterprises and institutions as well
as other sectors of society to establish nursing rooms, nurseries and kindergartens, advocate and support the establishment
of household nurseries.

   Article 34 Departments of public health shall, in relation to children, establish a preventive inoculation certificate system, make efforts
to prevent common and frequently-occurring diseases among children, strengthen supervision and control over the prevention
and treatment of infectious diseases and give more effective professional guidance to sanitation and health-care work in nurseries
and kindergartens.

   Article 35 People’s governments at various levels and departments concerned shall, through various forms, foster and train child-care
and teaching staff in nurseries and kindergartens, and strengthen political, ideological and professional education thereto.

   Article 36 The State shall protect according to law the intellectual achievements and the right of honour of minors from encroachment.

For minors who have shown unusual talent or made outstanding achievements, the State, society, families and schools
shall create conditions favourable to their sound development.

   Article 37 In respect of minors who have completed the prescribed length of schooling in terms of compulsory education and will not
receive education at a higher level, the relevant governmental departments, social organizations, enterprises and institutions
shall, in line with the actual conditions, train them in vocational skills and create conditions for their engagement
in labour or employment.

   Article 38 In respect of delinquent minors, the policy of education, persuasion and redemption shall be implemented and the principle
of taking education as the main method and punishment as the subsidiary shall be upheld.

   Article 39 In respect of minors reaching the age of fourteen who have committed crimes but are not subject to criminal punishment because
they have not yet reached the age of sixteen, their parents or other guardians shall be ordered to subject them
to discipline; when necessary, such minors may also be taken in for rehabilitation by the government.

   Article 40 Public security organs, people’s procuratorates and people’s courts shall, in dealing with cases involving crimes committed
by minors, take their physical and mental characteristics into consideration, and may, in line with needs, set
up special organs or designate special persons to handle such cases.

Public security organs, people’s procuratorates, people’s courts and reformatories for juvenile delinquents shall respect
the personal dignity of the delinquent minors and safeguard their lawful rights and interests.

   Article 41 Public security organs, people’s procuratorates and people’s courts shall guard minors under custody, pending trial, separately
from adults under custody.

Minors who are sentenced to fixed-term imprisonment by the people’s courts shall be housed and guarded separately from adults
serving their sentences.

   Article 42 All cases involving crimes committed by minors over fourteen years old but under sixteen shall not be tried publicly. Cases involving
crimes committed by minors over sixteen years old but under eighteen shall, in general, not be tried publicly.

With regard to cases involving crimes committed by minors, the names, home addresses and photos of such minors as well as other
information which can be used to deduce who they are, may not be disclosed, before the judgment, in news reports, films,
TV programmes and in any other openly circulated publications.

   Article 43 The families, schools and other units concerned shall coordinate, in educating and redeeming the delinquent minors, with
the reformatories for juvenile delinquents and other similar units where the delinquent minors are held.

   Article 44 Minors who are exempt from prosecution by the people’s procuratorates, from criminal punishment by the people’s courts, or
the execution of whose sentence is announced suspended by the people’s court, and minors who have been released from
reformatory custody or have served their terms of imprisonment shall not be discriminated against in respect of resuming
schooling, entering a higher school or employment.

   Article 45 The people’s courts shall, in handling cases concerning inheritance, protect the minors’ right of inheritance according to
law.

In handling cases of divorce, if disputes arise between the two parties concerned over the support of the minor child or
children and no agreement can be reached, the people’s courts shall make judgment in accordance with the principle of
safeguarding the rights and interests of the child or children and in light of the specific conditions of the two parties concerned.

   Article 46 Where the lawful rights and interests of a minor is infringed, the infringed or his or her guardians shall have the right
to request the department concerned to deal with the matter or bring a suit in a people’s court according to law.

   Article 47 Whoever has encroached upon the lawful rights and interests of a minor and caused him or her losses in property or other losses
or harms shall compensate for the losses or bear other civil liabilities according to law.

   Article 48 Where teaching and administrative staff in schools, nurseries or kindergartens subject minor students or children to corporal
punishment or corporal punishment in disguised forms, and if the circumstances are serious, disciplinary sanctions
shall be given by their units or the authorities at higher levels.

   Article 49 Where enterprises, institutions or individual industrialists and businessmen illegally hire minors who have not reached the
age of sixteen, the relevant labour departments shall order such units or individuals to make corrections and shall impose
fines on them; if the circumstances are serious, the relevant administrative departments for industry and commerce shall revoke
their business licenses.

   Article 50 Where commercial dancing halls or other similar places not appropriate for minors to participate in the activities therein
give admission to minors, the competent departments shall order such units to make corrections, and may impose fines on them.

   Article 51 Whoever sells, rents or disseminates by any other means to minors pornographic books, newspapers, magazines or audio-visual
products shall be given heavier punishment according to law.

   Article 52 Where an encroachment upon the right of the person or other lawful rights of a minor constitutes a crime, criminal responsibility
shall be investigated according to law.

Whoever maltreats a minor family member in a vicious manner shall be investigated for criminal responsibility in accordance
with the provisions in Article 182 of the Criminal Law.

Judicial personnel who, in violation of the rules or regulations on prison management, subject imprisoned minors to corporal
punishment or maltreatment, shall be investigated for criminal responsibility in accordance with the provisions in Article
189 of the Criminal Law.

Where a person has the obligation to support a minor but refuses to do so, and if the circumstances are flagrant, criminal responsibility
shall be investigated in accordance with the provisions in Article 183 of the Criminal Law.

Whoever commits infanticide shall be investigated for criminal responsibility in accordance with the provisions in Article
132 of the Criminal Law.

Whoever, while fully aware of the school buildings being in danger of collapse, does not take any measures, thus resulting in
the collapse of the said buildings and causing injuries or death, shall be investigated for criminal responsibility in accordance
with the provisions in Article 187 of the Criminal Law.

   Article 53 Whoever instigates a minor to break law or commit criminal offences shall be given heavier punishment according to law.

Whoever lures, instigates or forces a minor to take or inject drugs or engage in prostitution shall be given heavier punishment
according to law.

   Article 54 A party concerned, if not satisfied with the decision on administrative sanctions made according to this Law, may first apply
for reconsideration to an administrative organ at a higher level or to an administrative organ prescribed by relevant laws
or regulations. If still not satisfied with the reconsideration decision, the party may bring a suit in a people’s court.
The party may also directly bring a suit in a people’s court. Where the relevant laws or regulations prescribe that
the party concerned shall first apply to the administrative organ for reconsideration, and, if not satisfied with the
reconsideration decision, then bring a suit in a people’s court, such laws or regulations shall be complied with.

If a party, within the prescribed period, neither applies for reconsideration of the decision on administrative sanctions,
nor brings a suit in a people’s court, nor complies with the decision, the organ which has made the punitive decision may
either apply to a people’s court for compulsory execution, or enforce the decision according to law.

CHAPTER VII SUPPLEMENTARY PROVISIONS

   Article 55 Departments concerned under the State Council may formulate on the basis of this Law relevant regulations, which shall be submitted
to the State Council for approval before implementation.

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

   Article 56 this law shall enter into force as of January ,1, 1992.

    






REGULATIONS ON THE ADMINISTRATION OF SAVINGS

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-12-11 Effective Date  1993-03-01  


Regulations on the Administration of Savings

Chapter I  General Provisions
Chapter II  Savings Institutions
Chapter III  Savings Services
Chapter IV  Rates and Calculation of Interests on Saving Deposits
Chapter V  Withdrawing Ahead of Time, Registration of Loss, Inquiry and
Chapter VI  Legal Liability
Chapter VII  Supplementary Provisions

(Adopted at the 97th Executive Meeting of the State Council, promulgated

by Decree No. 107 of the State Council of the People’s Republic of China on
December 11, 1992, and effective as of March 1, 1993)
Chapter I  General Provisions

    Article 1  These Regulations are formulated for the purposes of developing
savings, protecting the legitimate rights and interests of depositors, and
strengthening the administration of savings.

    Article 2  Any savings institution handling savings as a business and any
individual participating in savings within the territory of China must observe
the provisions of these Regulations.

    Article 3  “Savings” mentioned in these Regulations refer to those
activities in which an individual deposits his own RMB or foreign currency in
a savings institution while the savings institution issues a bankbook or
deposit certificate in return; and when the individual withdraws the principal
and interest on his deposits against his bankbook or deposit certificate, the
savings institution will pay him the principal and interest according to
provisions.

    No unit or individual may convert public funds into savings deposited on
an individual’s behalf.

    Article 4  “Savings institution” mentioned in these Regulations refers to
those institutions under banks or credit cooperatives which handle savings
services with the approval of the People’s Bank of China or one of its
branches, and those under postal enterprises which handle savings services
statutorily.

    Article 5  The State protects the ownership, other legitimate rights and
interests over legal savings deposits of individuals and encourages
individuals’ participation in savings.

    In handling savings businesses, savings institutions shall observe the
principles of voluntariness in depositing, freedom of withdrawal, interest on
every deposit and keeping secret for depositors.

    Article 6  The People’s Bank of China shall be responsible for the
administration of savings throughout the country.

    The People’s Bank of China and its branches shall be responsible for the
approval of savings institutions and savings services, for the coordination of
various savings institutions in their savings businesses and for the mediation
of their disputes, for the supervision and auditing of savings services, and
for correction and punishment of violations of the State laws, regulations and
policies governing savings.

    Article 7  The People’s Bank of China may, with the approval of the State
Council, take proper actions in the interest of depositors for the stability
of savings.

    Article 8  With the exception of savings institutions, no other unit or
individual may handle savings services.
Chapter II  Savings Institutions

    Article 9  To establish a savings institution, the principles of unified
planning, convenience for the masses, focusing on efficiency and ensuring
security shall be abided by.

    Article 10  To establish a savings institution, a report shall be
submitted to the People’s Bank of China or one of its branches for approval
according to the relevant State provisions, and a Permit for Financial
Business be applied for, unless otherwise provided for by the State laws and
administrative regulations.

    Article 11  To establish a savings institution, the following requirements
must be met:

    (1) having its own name, organizational structure and place of business;

    (2) having no less than four workers qualified for savings services; and

    (3) having necessary security and protective equipment.

    Article 12  A savings institution may establish its agency with the
approval of the local branch of the People’s Bank of China. Measures for the
administration of savings agencies shall be formulated by the People’s Bank of
China.

    Article 13  A savings institution shall conduct its business during its
fixed business hours and shall not suspend business or shorten its business
hours at will.

    Article 14  Savings institutions shall ensure the payment of the principal
and interest on savings deposits and shall not illegally refuse payment.

    Article 15  Savings institutions shall not resort to unfair means to
absorb savings deposits.
Chapter III  Savings Services

    Article 16  A savings institution may handle the following RMB savings
services:

    (1) current deposits;

    (2) time deposits by which a fixed sum may be put in and withdrawn when it
becomes due;

    (3) time deposits by which odd money may be put in as savings and a round
sum made up and withdrawn when it becomes due;

    (4) time deposits by which the interest may be withdrawn and the principal
remaining till it becomes due;

    (5) time deposits by which a round sum may be put in and petty cash be
withdrawn within a fixed time period;

    (6) deposits with a current or fixed account at the depositor’s
convenience;

    (7) time deposits for a fixed sum of overseas Chinese RMB; and

    (8) savings deposits of other kinds approved by the People’s Bank of China.

    Article 17  With the approval of foreign exchange control departments, a
savings institution may handle the following foreign currency savings services:

    (1) current deposits;

    (2) time deposits by which a fixed sum may be put in and withdrawn when it
becomes due; and

    (3) foreign currency savings deposits of other kinds approved by the
People’s Bank of China.

    The principle and interest on foreign currency savings deposits shall be
paid in foreign currency.

    Article 18  In handling a time deposit service, a savings institution may,
at the request of the depositor, handle the automatic renewing of the time
deposit account when it becomes due.

    Article 19  Based on the State policies regarding housing reform and
actual needs and with the approval of the local branch of the People’s Bank of
China, a savings institution may handle personal housing savings services.

    Article 20  With the approval of the People’s Bank of China or one of its
branches, a savings institution may handle the following financial services:

    (1) distributing and cashing securities offered to individual residents
such as State treasury bonds, financial bonds and enterprise bonds;

    (2) extending small secured loans on personal time deposit certificates;
and

    (3) other financial services.

    Article 21  A savings institution may act as an agent issuing wages,
collecting house rents, water and electricity charges, and providing other
services.
Chapter IV  Rates and Calculation of Interests on Saving Deposits

    Article 22  Rates of interests on savings deposits shall be proposed by
the People’s Bank of China and published with the approval of the State
Council, or shall be fixed and published by the People’s Bank of China with
the authorization of the State Council.

    Article 23  Savings institutions shall openly list interest rates of
savings deposits and shall not change them without approval.

    Article 24  For an undue time deposit the whole of which is to be
withdrawn ahead of time, the interest shall be calculated at the rate
of current deposits listed openly on the date of withdrawal. If only part of
an undue deposit is to be withdrawn ahead of time, the interest on this part
withdrawn ahead of time shall be calculated at the rate of current deposits
listed openly on the date of withdrawal, and the interest on the remaining
shall, when it becomes due, be calculated at the rate of time deposits listed
openly on the date of the opening of the account.

    Article 25  For an overdue time deposit, the interest during the
overdue period shall be calculated at the rate of current deposits listed
openly on the date of withdrawal unless a renewal of the time deposit has been
handled as agreed upon between parties.

    Article 26  For a time deposit of which the interest rate has changed
before it becomes due, the interest shall be calculated at the rate of
the time deposit listed openly on the date of the opening of the account.

    Article 27  For a current deposit of which the interest rate has changed
during the period in which it was deposited, the interest shall be calculated
at the rate of current deposits listed openly on the date of the settlement of
the interest. If the whole of a current deposit is to be withdrawn, the
interest shall be calculated at the rate of current deposits listed openly on
the date of the closing of the account.

    Article 28  Any depositor who thinks the payment of the interest on his
savings deposits is in error shall be enpost_titled to apply for a review by the
savings institution concerned, which shall accept the application and review
the calculation of the interest in time.
Chapter V  Withdrawing Ahead of Time, Registration of Loss, Inquiry and
Transfer of Ownership

    Article 29  A depositor must hold his deposit certificate and his own
identity certificate when withdrawing ahead of time his undue time deposits.
If another person acts as an agent withdrawing the deposits for the depositor,
the person must hold his own identity certificate.

    Article 30  Bankbooks or deposit certificates shall be in the form of
nominated or unnominated certificates. The loss of nominated certificates may
be registered and the loss of unnominated ones may not be registered.

    Article 31  A depositor must without delay apply to the savings
institution with which he opened his account to register the loss of his
deposit certificate, bankbook or his seal having its impression on record by
holding his own identity certificate and providing the relevant data such as
the depositor’s name and address, date of the opening of the account, category
and amount of the deposits, and account number. If special circumstances
exist, a depositor may register the loss orally or by letter or by telegram
provided that he complete the formality of registering the loss in writing
within five days.

    The savings institution must suspend payment on the savings deposits
concerned upon acceptance of the application for registration. If the savings
deposits has been withdrawn by another person before the acceptance of the
application, the savings institution shall be exempted from the liability for
compensation.

    Article 32  Savings institutions and their personnel shall have an
obligation to keep secret the depositors’ savings and relevant information.

    Savings institutions shall not inquire into, freeze or allocate savings
deposits on behalf of any unit or individual, unless otherwise provided for by
laws and administrative regulations of the State.

    Article 33  If a dispute arising from a savings deposit results in the
transfer of ownership, the savings institution shall handle the formality of
the transfer according to the legally effective written judgments or orders or
conciliation statements made by the people’s court.
Chapter VI  Legal Liability

    Article 34  If any unit or individual commits any of the following actions
in violation of the provisions of these Regulations, the People’s Bank of
China or one of its branches shall order it or him to make corrections, and
may impose a fine, or order it or him to suspend business operations for
rectification, or revoke the Permit for Financial Business according to the
seriousness of the circumstances. If the circumstances are serious enough to
constitute a crime, the offender shall be investigated for criminal liability.

    (1) handling savings services without approval;

    (2) establishing a savings institution without approval;

    (3) handling a new savings service by a savings institution without
approval;

    (4) handling financial businesses not described in these Regulations by a
savings institution without approval;

    (5) suspending business or shorten business hours without approval;

    (6) absorbing savings deposits by unfair means by a savings institution;

    (7) changing interest rates of savings deposits in violation of the State
provisions governing interest rates;

    (8) disclosing information concerning a depositor’s savings, or inquiring
into, freezing or allocating savings deposits on others’ behalf without
completing legal procedures; or

    (9) committing other actions violating the State laws, administrative
regulations or policies governing savings.

    Any violator of the provisions of the second paragraph of Article 3 in
these Regulations shall be punished according to the relevant State provisions.

    Article 35  Any party who refuses to accept a decision of punishment may
apply for reconsideration according to the provisions of the Administrative
Reconsideration Regulations. If he refuses to accept the reconsideration
decision, he may bring a lawsuit before a people’s court according to the
Administrative Procedure Law of the People’s Republic of China.

    Article 36  In a case where an applicant for reconsideration neither
brings a lawsuit nor performs the decision of reconsideration within a time
limit, the provisions of the Administrative Reconsideration Regulations shall
apply.

    Article 37  A savings institution that, in violation of the relevant State
provisions, infringes upon the legitimate rights and interests of depositors
and thereby causes losses to them shall be bear liability for compensation
according to law.
Chapter VII  Supplementary Provisions

    Article 38  For those time deposits with their accounts opened prior to
the implementation of these Regulations, the interest during the period in
which savings are deposited shall be calculated according to the previous
relevant provisions of the State.

    Article 39  The People’s Bank of China shall be responsible for the
interpretation of these Regulations and for the formulation of the
implementation rules.

    Article 40  These Regulations shall come into effect on March 1, 1993. The
Rules of the People’s Bank of China for Savings Deposits, promulgated by the
People’s Bank of China on May 28, 1980, shall be invalidated on the same date.






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AUTHORIZING THE PEOPLE’S CONGRESS OF SHENZHEN CITY AND ITS STANDING COMMITTEE AND THE PEOPLE’S GOVERNMENT OF SHENZHEN CITY TO FORMULATE REGULATIONS AND RULES RESPECTIVELY FOR IMPLEMENTATION IN THE SHENZHEN SPECIAL ECONOMIC ZONE

Category  SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1992-07-01 Effective Date  1992-07-01  


Decision of the Standing Committee of the National People’s Congress on Authorizing the People’s Congress of Shenzhen City and Its
Standing Committee and the People’s Government of Shenzhen City to Formulate Regulations and Rules Respectively for Implementation
in the Shenzhen Special Economic Zone

(Adopted on July 1, 1992)

    In accordance with the Decision of the Second Session of the Seventh
National People’s Congress Regarding the Proposal Submitted for Deliberation
by the State Council on Authorizing Shenzhen City to Formulate Regulations
and Rules for the Shenzhen Special Economic Zone, the 26th Meeting of the
Standing Committee of the Seventh National People’s Congress, having
considered the proposal submitted by the State Council for authorizing the
People’s Congress of Shenzhen City and its Standing Committee and the People’s
Government of Shenzhen City to formulate respectively regulations and rules
for the Shenzhen Special Economic Zone, decides that the People’s Congress of
Shenzhen City and its Standing Committee are authorized to formulate, in light
of the specific conditions and actual needs and pursuant to the provisions of
the Constitution and the basic principles laid down in laws and administrative
regulations and rules, regulations to be implemented in the Shenzhen Special
Economic Zone which shall be submitted to the Standing Committee of the
National People’s Congress, the State Council and the Standing Committee of
the People’s Congress of Guangdong Province for the record, and that the
People’s Government of Shenzhen City is authorized to formulate rules and is
responsible for their implementation in the Shenzhen Special Economic Zone.






CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF PROPOSALS SUBMITTED BY THE BUREAU OF LEGISLATIVE AFFAIRS OF THE STATE COUNCIL ON MATTERS RELATING TO HEALTH CERTIFICATES OF CHINESE CREW MEMBERS ON BOARD SHIPS CONDUCTING INTERNATIONAL VOYAGES

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The General Office of the State Council Status of Effect  In Force
Date of Promulgation  1992-08-30 Effective Date  1992-08-30  


Circular of the General Office of the State Council Concerning the Approval and Transmission of Proposals Submitted by the Bureau
of Legislative Affairs of the State Council on Matters Relating to Health Certificates of Chinese Crew Members on Board Ships Conducting
International Voyages


APPENDIX: PROPOSALS ON MATTERS RELATING TO HEALTH CERTIFICATES OF CHINESE

(August 30, 1992)

    The State Council has approved the Proposals on Matters Relating to Health
Certificates
of Chinese Crew Members on Board Ships Conducting International
Voyages, submitted by the Bureau of Legislative Affairs of the State Council,
and hereby transmits them to you for implementation.
APPENDIX: PROPOSALS ON MATTERS RELATING TO HEALTH CERTIFICATES OF CHINESE
CREW MEMBERS ON BOARD SHIPS CONDUCTING INTERNATIONAL VOYAGES

    Through repeated consultation with the Ministries of Public Health and
Communications, and with the consent of the two ministries, our Bureau has
made the following proposals on matters relating to health certificates of
Chinese crew members on board ships conducting international voyages:

    1. Chinese crew members on board ships conducting international voyages
shall hold their health certificates and show them to the frontier health and
quarantine offices for examination when they leave the country.

    The above-mentioned “health certificate” shall, under the supervision of
the administrative department of public health under the State Council, be
printed by the administrative department of communications under the State
Council.

    2. Based on the incorporation of proposals from the administrative
department of communications, the items and form of a health certificate shall
be determined and published by the administrative department of public health
under the State Council. Other items of health check-ups for seaworthiness
shall be determined by the administrative department of communications under
the State Council.

    3. Health certificates shall be required for Chinese crew members working
on board ships which leave or enter international ports or boundary river
ports of our country.

    In cases where they leave the country by other means of transport to meet
a ship, or are sent to work on board a foreign ship, the above-mentioned
persons may, on the strength of the certifications issued by the sending units
and their seamen’s papers, also use the same health certificates to be
examined by the frontier health and quarantine offices.

    4. Chinese crew members on board ships conducting international voyages,
except those who engage in the supply of food and drinking water, shall hold
their health certificates to undergo health check-ups in the health and
quarantine offices, or in hospitals at or above the county level, or in other
medical and health institutions qualified for health check-ups and designated
or having already been designated by the administrative department of public
health under the State Council. For those who pass the health check-ups, the
check-up units shall fill in the health certificates with check-up results and
affix their official seals or special seals for health check-ups thereto. Such
health certificates shall become effective immediately upon sealing.

    With regard to the health check-ups and visas for crew members of local
fleets, the ships’ companies may reach an agreement with the local health and
quarantine offices through consultation.

    5. Health certificates of crew members who engage in the supply of food
and drinking water on ships conducting international voyages shall be issued
by the health and quarantine offices. For those who undergo health check-ups
in the health and quarantine offices, their health certificates shall be
directly issued by the health and quarantine offices. Those who undergo health
check-ups in other health check-up units mentioned in the preceding article
shall bring their laboratory test reports (regarding liver function tests and
faeces sample culture) and chest fluoroscopy reports to the health and
quarantine offices for verification. After the health and quarantine offices
verify health check-up results in such reports according to the items listed
in the health certificates (not including the items of health check-up for
seaworthiness) and issue the health certificates to them, the health
certificates shall become effective.

    Under special circumstances, carriers may one day ahead of time apply for
the issuance of health certificates, and the health and quarantine offices may
issue health certificates by boarding ships before joint inspections.

    The health and quarantine offices shall promptly issue health certificates
which have been verified up to standard.

    6. The term of validity for a health certificate shall be five years. The
term of validity for a health check-up shall be 12 months.

    7. If anyone falls under any of the following categories, the health and
quarantine offices may declare a health check-up null and void or refuse to
issue a health certificate.

    (1) failing to undergo a health check-up according to the items listed in
the health certificate (not including the items for seaworthiness);

    (2) forging a health certificate, or forging or altering health check-up
results;

    (3) having an expired health certificate or health check-up results;

    (4) undergoing a health check-up in a disqualified unit; or

    (5) having a health certificate with its form and items printed not in
accordance with the provisions of the administrative department of public
health under the State Council.

    The health and quarantine offices shall have the power to confiscate
health certificates mentioned in Items (2), (3), (4) and (5) and to handle the
cases according to the relevant provisions of laws and regulations.

    If the aforesaid matters cannot be found inappropriate, we propose that
the General Office of the State Council, with the approval of the State
Council, transmit them to the Ministries of Public Health and Communications
for implementation.






REGULATIONS ON THE PROTECTION OF TYPES OF TRADITIONAL CHINESE MEDICINE

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-10-14 Effective Date  1993-01-01  


Regulations on the Protection of Types of Traditional Chinese  Medicine

Chapter I  General Provisions
Chapter II  Classification and Approval for the Protection of Types of
Chapter III  Protection of Protected Types of Traditional Chinese Medicine
Chapter IV  Penalties
Chapter V  Supplementary Provisions

(Promulgated by Decree No.106 of the State Council of the People’s

Republic of China on October 14, 1992, and effective as of January 1, 1993)
Chapter I  General Provisions

    Article 1  These Regulations are formulated for the purposes of improving
the quality of types of traditional Chinese medicine, protecting the
legitimate rights and interests of traditional Chinese medicine producing
enterprises, and promoting the development of traditional Chinese medicine.

    Article 2  These Regulations apply to types of traditional Chinese
medicine produced and manufactured within the territory of China, including
prepared traditional Chinese medicines, extracts and preparations from natural
medicinal materials, as well as artificial traditional Chinese medicines.

    Those types of traditional Chinese medicine for which patents are applied
for shall be dealt with under the provisions of the Patent Law, and not under
these Regulations.

    Article 3  The State encourages research and development of types of
traditional Chinese medicine with clinical effects, and practises a
classification protection system for types of traditional Chinese medicine
with reliable quality and certain curative effects.

    Article 4  The administrative department of public health under the State
Council shall be responsible for the supervision and control of the protection
of types of traditional Chinese medicine throughout the country. The State
competent authority for the production and trading of traditional Chinese
medicine shall assist the administrative department with the control of the
protection of types of traditional Chinese medicine throughout the country.
Chapter II  Classification and Approval for the Protection of Types of
Traditional Chinese Medicine

    Article 5  Types of traditional Chinese medicine under the protection of
these Regulations must be those listed in the national pharmaceutical
standards. Upon the determination of the administrative department of public
health under the State Council, protection of types of traditional Chinese
medicine listed in the pharmaceutical standards of provinces, autonomous
regions and municipalities directly under the Central Government may be
applied for.

    The protection of types of traditional Chinese medicine shall consist of
first class protection and second class protection.

    Article 6  For types of traditional Chinese medicine which conform to any
of the following conditions, first class protection may be applied for.

    (1) having special curative effects for a certain disease;

    (2) artificial medicines prepared from varieties of wild medicinal
materials analogously under first class protection; or

    (3) used for the prevention and cure of special diseases.

    Article 7  For types of traditional Chinese medicine which conform to any
of the following conditions, second class protection may be applied for.

    (1) conforming to the provisions of Article 6 in these Regulations, or
having once been listed under first class protection but now being cancelled;

    (2) having outstanding curative effects for a certain disease; or

    (3) effective substances and special preparations extracted from natural
medicinal materials.

    Article 8  New medicines approved by the administrative department of
public health under the State Council shall be protected within a period of
protection as described by the administrative department. For those of them
which conform to the provisions of Article 6 or 7 in these Regulations, an
application for the renewal of the protection may, six months before the
expiration date of protection approved by the administrative department of
public health under the State Council, be offered according to the provisions
of these Regulations.

    Article 9  Procedures for handling applications for the protection of
types of traditional Chinese medicine are as follows:

    (1) Any traditional Chinese medicine producing enterprise may, if it
thinks that the type of traditional Chinese medicine it produces conforms to
the provisions of Article 5, 6, 7 or 8 in these Regulations, apply for
protection with the local competent authority for the production and trading
of traditional Chinese medicine in the province, autonomous region or
municipality directly under the Central Government. The local competent
authority for the production and trading of traditional Chinese medicine shall
write down its comments on the application, then transmit it to the
administrative department of public health at the same level, which shall make
a preliminary examination and write down its comments and submit the
application, with comments, to the administrative department of public health
under the State Council. Under special circumstances, a traditional Chinese
medicine producing enterprise may directly apply to the State competent
authority for the production and trading of traditional Chinese medicine which
shall write down comments on the application and transmit it to the
administrative department of public health under the State Council, or may
directly apply to the administrative department of public health under the
State Council.

    (2) The State examination and evaluation committee for the protection of
types of traditional Chinese medicine shall, under the authorization of the
administrative department of public health under the State Council, be
responsible for the examination and evaluation of the types of traditional
Chinese medicine for which the protection is applied for. The committee shall
provide an examination and evaluation conclusion within six months as of the
date of receiving an application.

    (3) Based on the conclusion of the State examination and evaluation
committee for the protection of types of traditional Chinese medicine, the
administrative department of public health under the State Council shall, in
consultation with the State competent authority for the production and trading
of traditional Chinese medicine, decide whether or not to grant the protection
thereto. For the types of traditional Chinese medicine of which the protection
has been approved, the administrative department of public health under the
State Council shall issue a Certificate of Protection of Types of Traditional
Chinese Medicine.

    The administrative department of public health under the State Council
shall be responsible for the formation of the State examination and evaluation
committee for the protection of types of traditional Chinese medicine, members
of which shall, in consultation with the State competent authority for the
production and trading of traditional Chinese medicine, be appointed from
experts in the field of medical service, scientific research, inspection, as
well as trading and management of traditional Chinese medicine.

    Article 10  Any enterprise applying for protection of types of traditional
Chinese medicine shall provide the State examination and evaluation committee
for the protection of types of traditional Chinese medicine with complete sets
of materials as required by the administrative department of public health
under the State Council.

    Article 11  The administrative department of public health under the State
Council shall make announcements in the designated professional newspapers and
periodicals regarding the types of traditional Chinese medicine to which
protection has been granted or those for which the period of protection has
expired.
Chapter III  Protection of Protected Types of Traditional Chinese Medicine

    Article 12  The period of protection for types of traditional Chinese
medicine is as follows:

    The period of first class protection is thirty years, twenty years and ten
years respectively.

    The period of second class protection is seven years.

    Article 13  Within the period of protection, the prescriptions and
pharmaceutical techniques of types of traditional Chinese medicine under first
class protection shall be kept secret and shall not be published by the
producing enterprises having been granted the Certificate of Protection of
Types of Traditional Chinese Medicine, the competent authorities for the
production and trading of traditional Chinese medicine, the administrative
departments of public health, and other units or individuals concerned.

    Departments, enterprises and units concerned which have the duty to keep
secrets shall set up necessary security systems as required by the State.

    Article 14  Transfer to any foreign country of prescriptions and
pharmaceutical techniques of types of traditional Chinese medicine under first
class protection shall be dealt with according to the relevant State
provisions of security.

    Article 15  Where, due to special circumstances, it is necessary to extend
the period of protection of a type of traditional Chinese medicine under first
class protection, the producing enterprise shall, six months before the
expiration date of protection, submit an application for extension according
to the procedures described in the Article 9 of these Regulations. The
extended period of protection shall be decided by the State examination and
evaluation for the protection of types of traditional Chinese medicine,
however, an extension approved each time shall not exceed the period of
protection granted for the first time.

    Article 16  The period of protection of types of traditional Chinese
medicine under second protection may be extended for seven years upon
expiration.

    If it is necessary to extend the period of protection of a type of
traditional Chinese medicine under second class protection, the producing
enterprise shall, six months before the expiration date of protection, submit
an application for extension according to the procedures described in the
Article 9 of these Regulations.

    Article 17  The production of protected types of traditional Chinese
medicine within the period of protection shall be restricted to enterprises
which have been granted the Certificate of Protection of Types of Traditional
Chinese Medicine, unless otherwise provided for in Article 19 of these
Regulations.

    Article 18  Where more than one enterprises produce a type of traditional
Chinese medicine under protection before the protection is granted by the
administrative department of public health under the State Council, those
enterprises who have not applied for the Certificate of Protection of Types of
Traditional Chinese Medicine shall, within six months as of the date of
announcement, report the case to the administrative department of public
health under the State Council and provide relevant materials according to the
provisions of Article 10 of these Regulations. The administrative department
of public health under the State Council shall designate a pharmaceutical
inspection institution to inspect the quality of the reported type of medicine
as has been done with the type under protection. Based on the inspection, the
administrative department of public health under the State Council may take
the following measures:

    (1) If it is up to the national pharmaceutical standards, the Certificate
of Protection of Types of Traditional Chinese Medicine shall be issued through
consultation with the State competent authority for the production and trading
of traditional Chinese medicine.

    (2) If it is below the national pharmaceutical standards, the registered
document of approval of this type of traditional Chinese medicine shall be
revoked according to the laws and regulations governing pharmaceutical
administration.

    Article 19  For protected types of traditional Chinese medicine in short
supply for clinical needs, the administrative departments of public health in
provinces, autonomous regions and municipalities directly under the Central
Government shall, as proposed by the State competent authority for the
production and trading of traditional Chinese medicine, and with the approval
of the administrative department of public health under the State Council,
issue registered documents of approval to the enterprises which produce in
their localities the same types of traditional Chinese medicine as the
protected types for imitation. The imitation enterprises shall pay reasonable
use fees to the enterprises who hold the Certificate of Protection of Types of
Traditional Chinese Medicine and transfer the prescriptions and pharmaceutical
techniques of the protected types. The amounts of the use fees shall be
decided by the two sides through consultation. If the two sides fail to reach
an agreement, the administrative department of public health under the State
Council shall make a ruling.

    Article 20  Enterprises producing protected types of traditional Chinese
medicine and the competent authorities for the production and trading of
traditional Chinese medicine shall improve conditions of production and the
qualities of the protected types as required by the administrative departments
of public health in provinces, autonomous regions and municipalities directly
under the Central Government.

    Article 21  Registration of protected types of traditional Chinese
medicine within the period of protection in any foreign country shall be
subject to the approval of the administrative department of public health
under the State Council.
Chapter IV  Penalties

    Article 22  If anyone divulges secrets in violation of the provisions of
Article 13 of these Regulations, the unit to which he belongs or the higher
authority shall impose upon him disciplinary sanctions. If a crime has been
constituted, criminal liability shall be investigated according to laws.

    Article 23  If anyone, in violation of the provisions of Article 17 of
these Regulations, imitates a protected type of traditional Chinese medicine
without approval, the administrative departments of public health at or above
the county level shall punish him as a producer of fake medicines.

    If anyone fabricates the Certificate of Protection of Types of Traditional
Chinese Medicine and relevant certification documents to produce and sell
medicines, the administrative departments of public health at or above the
county level shall confiscate all medicines involved and illegal gains, and
may concurrently fine him not more than three times the prices of the standard
equivalents of medicines involved.

    If the aforesaid acts have constituted crimes, the judicial organs shall
investigate for criminal liabilities.

    Article 24  A party who refuses to accept the decision of punishment made
by the administrative departments of public health may apply for
administrative reconsideration or institute administrative proceedings
according to the relevant provisions of laws and administrative regulations.
Chapter V  Supplementary Provisions

    Article 25  Requirements and application forms for the protection of types
of traditional Chinese medicine shall be decided by the administrative
department of public health under the State Council.

    Article 26  The administrative department of public health under the State
Council shall be responsible for the interpretation of these Regulations.

    Article 27  These Regulations shall come into effect on January 1, 1993.






REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE POLICE RANKS OF THE PEOPLE’S POLICE

Regulations of the People’s Republic of China on the Police Ranks of the People’s Police

(Adopted at the 26th Meeting of the Standing Committee of the Seventh National People’s Congress on July 1, 1992
and promulgated by Order No.59 of the President of the People’s Republic of China on July 1, 1992) 

Contents 

Chapter I   General Provisions 

Chapter II  Classification of the Police Ranks 

Chapter III Initial Conferment of the Police Ranks 

Chapter IV  Promotion of the Police Ranks 

Chapter V   Retention, Demotion and Deprivation of the Police Ranks               
   

Chapter VI  Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  These Regulations are formulated in accordance with the Constitution, with a view to strengthening the revolutionization,
modernization and standardization of the contingent of the people’s police, enhancing their sense of responsibility, sense of honour
and sense of  discipline and facilitating their command and management as well as the performance of their duty. 

Article 2  A system of police ranks shall be practised for the people’s police. The police ranks of the Chinese People’s Armed
Police Force shall be governed by the provisions of Article 32 of the Regulations on the Military Ranks of Officers of the Chinese
People’s Liberation Army. 

Article 3  The police ranks are post_titles and insignias that mark off the different ranks and status of the people’s police and
represent the honour the State bestows on them. 

Article 4  The police ranks of the people’s police shall follow a scheme of police ranks graded in correspondence with post
levels. 

Article 5  The people’s police with higher police ranks shall be the superiors of those with lower ranks. Where a policeman(woman)
with a higher rank is subordinate,  in respect of post, to a policeman(woman) with a lower rank, the latter shall be the superior. 

Article 6  The Ministry of Public Security shall be in charge of the work concerning the police ranks. 

Chapter II 

Classification of the Police Ranks 

Article 7  The police ranks of the people’s police are classified into the following five ranks with thirteen classes: 

(1) Commissioner-General, Deputy Commissioner-General; 

(2) Commissioner: First Class, Second Class, Third Class; 

(3) Supervisor: First Class, Second Class, Third Class; 

(4) Superintendent: First Class, Second Class, Third Class; 

(5) Constable: First Class, Second Class. 

The police ranks of the people’s police holding specialized and technical posts shall be preceded by “specialized and technical.” 

Article 8  The police ranks corresponding to the different levels of administrative posts held by the people’s police shall
follow the below scheme:       

(1) Post at the level of  minister: Commissioner-General; 

(2) Post at the level of vice-minister: Deputy Commissioner-General; 

(3) Post at the level of director of department: Commissioner First Class or Commissioner Second Class; 

(4) Post at the level of deputy director of department: Commissioner Second Class or Commissioner Third Class; 

(5) Post at the level of director of division: from Commissioner Third Class down to Supervisor Second Class; 

(6) Post at the level of deputy director of division: from Supervisor First Class down to Supervisor Third Class; 

(7) Post at the level of chief of section: from Supervisor First Class down to Superintendent First Class; 

(8) Post at the level of deputy chief of section: from Supervisor Second Class down to Superintendent Second Class; 

(9) Post at the level of section staff (Sergeant): from Supervisor Third Class down to Superintendent Third Class; 

(10) Post at the level of office clerk (Constable): from Superintendent First Class down to Constable Second Class. 

Article 9  The police ranks corresponding to the different levels of specialized and technical posts held by the people’s police
shall follow the below scheme: 

(1) Senior specialized and technical posts: from Commissioner First Class down to Supervisor Second Class; 

(2) Intermediate specialized and technical posts: from Supervisor First Class down to Superintendent Second Class; 

(3) Junior specialized and technical posts: from Supervisor Third Class down to Constable First Class. 

Chapter III 

Initial Conferment of the Police Ranks 

Article 10  The police ranks shall be conferred on  the people’s police according to the scheme of ranks graded in correspondence
with post levels. 

Article 11  The conferment of a police rank shall go by the conferee’s present post, political integrity, ability, period of
holding the present post as well as seniority. 

Article 12  The people’s police recruited from school graduates, or from the society through examinations, or transferred from
other departments shall be conferred on the police ranks that correspond to their respective posts assigned to. 

Article 13  The initial conferment of the police ranks on the people’s police shall be approved according to the limits of authority
prescribed as follows: 

(1) Ranks of Commissioner-General, Deputy Commissioner-General, Commissioner First Class and Commissioner Second Class shall be subject
to the approval of and be conferred by the Premier of the State Council; 

(2) Ranks of Commissioner Third Class and Supervisors shall be subject to the approval of and be conferred by the Minister of Public
Security; 

(3) Ranks of Superintendents shall be subject to the approval of and be conferred by the directors of the public security departments
(bureaus) of provinces, autonomous regions and municipalities directly under the Central Government. 

(4) Ranks of Constables shall be subject to the approval of and be conferred by the directors of the political departments of the
public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government. 

The ranks of Superintendents and Constables in the offices of the Public Security Ministry as well as organs under its direct jurisdiction
shall be subject to the approval of and be conferred by the Director of the Political Department of the Public Security Ministry. 

Chapter IV 

Promotion of the Police Ranks 

Article 14  The people’s police with ranks of no higher than Supervisor Second Class shall be promoted within the range of the
police ranks corresponding to their post levels and according to the intervals and qualifications prescribed in this Article. 

Intervals for promotion in ranks : each promotion to the next higher class requires an interval of three years for those holding
ranks from Constable Second Class to Superintendent First Class; each promotion to the next higher class requires an interval of
four years for those holding ranks from Superintendent First Class to Supervisor First Class. The periods during which the people’s
police receive in-service training in schools or academies shall be included in the intervals for the promotion in their ranks. 

Qualifications for promotion in ranks: (1) implementation of laws, regulations and policies of the State, and observance of laws
and discipline; (2) competence for the post; (3) maintenance of close ties with the masses, honesty in performing official duties,
and decency and uprightness. 

At the end of an interval for promotion, those who are qualified for promotion after appraisal shall be promoted to the next higher
class; those who are not qualified for promotion shall receive a deferred promotion. Those who have rendered outstanding services
may be promoted ahead of time. 

Article 15  Selective promotion in the police ranks for the people’s police with ranks of Supervisor First Class or above shall
be conducted within the range of the police ranks corresponding to their post levels and in the light of their political integrity
and ability, as well as their actual performance.  

Article 16  Where, because of promotion in post, the police rank of a people’s policeman(woman) is lower than the minimum rank
prescribed in the scheme for his or her new post, he or she shall be promoted to that minimum rank correspondingly. 

Article 17  Superintendents may be promoted to Supervisors, and Supervisors to Commissioners only when they have received appropriate
training in relevant people’s police schools or academies and proved qualified thereafter. 

Article 18  The limits of authority for approving promotions in the police ranks of the people’s police shall be governed by
the provisions regarding the limits of authority for approving conferment prescribed in Article 13 herein. Where Superintendents
and Constables are promoted ahead of time, the promotion shall be subject to the approval of the Director of the Political Department
of the Public Security Ministry. 

Chapter V 

Retention, Demotion and Deprivation of the Police Ranks 

Article 19  The people’s police who have retired, as or not as veteran cadres,  may retain their police ranks, but shall
not wear the insignias thereof. 

The people’s police who are transferred out of their post as police, or resign from or quit their office  shall not retain their
police ranks. 

Article 20  When a people’s policeman(woman) is demoted to a lower post for his or her incompetence at the current post, and,
if his or her police rank is higher than the maximum rank as prescribed in the scheme for his or her new post, his or her rank shall
be adjusted to that maximum rank correspondingly. The limits of authority for approving such rank adjustment shall be the same as
those for approving the original rank. 

Article 21  The people’s police who violate the police discipline may be punished with a demotion in the police ranks. The limits
of authority for approving such demotion in ranks shall be the same as those for approving the original rank. Once a people’s policeman(woman)
is punished with a demotion in rank, the interval for his or her promotion in the police ranks shall be computed anew on the basis
of the police rank he or she holds after demotion. 

Demotion in the police ranks of the people’s police shall not be applied to Constables Second Class. 

Article 22  The people’s police who are expelled from public service shall be deprived of their police ranks accordingly. 

The people’s police who commit crimes and are sentenced to deprivation of political rights or to fixed-term imprisonment or more
serious criminal punishments shall be deprived of their police ranks accordingly. 

The provisions in the preceding paragraph shall apply to the retired people’s police who commit crimes. 

Chapter VI 

Supplementary Provisions 

Article 23  These Regulations shall apply to the police ranks of the people’s police who work in the State security departments
and the reform-through-labour and rehabilitation-through-labour institutions, as well as to the judicial police in the people’s courts
and the people’s procuratorates. 

The limits of authority for approving conferment of and promotion in the police ranks of the people’s police in the State security
departments and the reform-through-labour and rehabilitation-through-labour institutions shall be prescribed by the State Council. 

The limits of authority for approving the conferment of and promotion in the police ranks of the judicial police shall be prescribed
by the Supreme People’s Court and the Supreme People’s Procuratorate with reference to these Regulations. 

The police rank system shall not be practised for the personnel who do not hold police posts in the public security departments,
the State security departments, and the  reform-through-labour and rehabilitation-through-labour institutions. 

Article 24  The patterns of the insignias for the police ranks and the way of wearing them shall be drawn up by the State Council. 

Article 25 The measures for the implementation of these Regulations shall be formulated by the State Council. 

Article 26  These Regulations shall go into effect as of the date of promulgation.

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







CIRCULAR OF THE STATE COUNCIL CONCERNING THE IMPLEMENTATION OF THE PLAN FOR A NEW NATIONAL ECONOMIC ACCOUNTING SYSTEM

_

Category  STATISTICS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-08-30 Effective Date  1992-08-30  


Circular of the State Council Concerning the Implementation of the Plan for a New National Economic Accounting System



(August 30, 1992)

    Since our country’s reform and opening up, the national economy has
developed with great strides. The economic structures have been adjusted
greatly. A deepgoing change has taken place in the economic system and
economic mechanism. Economic relations and technological exchange with foreign
countries are expanding day by day. The original national economic accounting
system based on the economy
of products is becoming more and more incompatible
with the requirements for the development of a socialist commodity economy.
The urgent need to establish a complete set of new national economic
accounting rules which are suitable to China’s conditions must be met, in
order to grasp the national economic operations as a whole, strengthen the
macroeconomic regulation, lead the economic work firmly onto a track of
adjusting economic structures and improving efficiency, use scientific methods
for policy-making, and promote the development of the national economy in a
sustained, stable and coordinated way.

    The Decision of the State Council on Strengthening the Statistical Work in
January of 1984 provided that a unified and scientific national economic
accounting system should be established. Since then, we have made a prolonged
effort and now are almost ready to launch a new national economic accounting
system. For several years, the State Statistical Bureau has cooperated with
departments concerned, higher learning bodies and scientific research
institutions in researching into theories, designing methods, conducting
experiments, making trial calculations and doing other relevant work so that
the Plan for the National Economic Accounting System of China (For Trial
Implementation) has been drawn up and approved upon the justification of
departments concerned and experts in different fields. This plan for a new
accounting system is based on the reproduction theory of Marxism, suited to
our country’s actual conditions and combined with scientific accounting
methods and helpful experiences throughout the world. With better usefulness
and having proved to be practical through experiments and trial calculations
in some places, this plan can be put into operation.

    Accordingly, the State Council has decided to implement the plan for a new
national economic accounting system by two stages beginning this year. In the
first stage, the framework of the new accounting system shall be formed
respectively at the national and provincial levels within this year and the
next, in order to realize a preliminary transition. In the second stage, a
total transition to the new national economic accounting system shall have
been basically finished by the beginning of the year 1995. The first stage is
of crucial importance. The main target of the first stage is to establish
basic accounting statements for the new accounting system. That is, data for
the year 1992 shall be used to work out the statement for domestic output
value and its usage, statement for input and output, statement for flow of
capital and statement for balance of payments, with a view of reflecting the
national economic operations in a comprehensive and systematic way. To reach
the target during the second stage is to work out all statements and accounts
for the new accounting system more accurately and more completely, and to
establish corresponding statistical indexes, statistical classifications and
database systems.

    The implementation of the plan for a new national economic accounting
system should be considered as a major reform of the old accounting system and
an important measure to improve the macro-decision and macro-control process,
and to promote the deepening of reforms and expansions. This task involves a
wide range of subjects, demands high-level technology and is more difficult to
accomplish. Localities and departments shall treat the task as their common
duty and shall join to accomplish it. Different departments shall closely
cooperate with each other to provide prompt data needed by the new national
economic accounting system in such fields as finance, statistics and industry,
and share information among them, while they shall reform their own accounting
systems as required by the new national economic accounting system. Localities
and departments shall make efforts to publicize the new national economic
accounting system and give professional training, do a good job to create the
fundamental conditions for statistical and accounting work, in order to lay a
firm foundation and create a proper environment for introducing the new
national economic accounting system. People’s governments at all levels shall
strengthen in real earnest their leadership over the task and lend necessary
support thereto by providing personnel and allocating funds.

    Measures for the implementation of the plan for the new national economic
accounting system shall be separately formulated and published by the State
Statistical Bureau in consultation with other relevant departments.






RULES FOR THE IMPLEMENTATION OF THE PATENT LAW

Rules for the Implementation of the Patent Law of the PRC

     (Effective Date:1992.12.21–Ineffective Date:)

CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION FOR PATENT CHAPTER III EXAMINATION AND APPROVAL OF APPLICATION FOR PATENT CHAPTER
IV INVALIDATION OF PATENT RIGHT CHAPTER V COMPULSORY LICENSE FOR EXPLOITATION OF PATENT CHAPTER VI REWARDS TO INVENTOR OR CREATOR
OF SERVICE INVENTION-CREATION CHAPTER VII ADMINISTRATIVE AUTHORITIES FOR PATENT AFFAIRS CHAPTER VIII PATENT REGISTER AND PATENT GAZETTE
CHAPTER IX FEES CHAPTER X SUPPLEMENTARY PROVISIONS

   Article 1 These Rules are formulated in accordance with the Patent Law of the People’s Republic of China (hereinafter referred to as the “Patent
Law”).

   Article 2 “Invention” in the Patent Law means any new technical solution relating to a product, a process or an improvement thereof.

“Utility model” in the Patent Law means any new technical solution relating to the shape, the structure, or their combination, of
a product, which is fit for practical use.

“Design” in the Patent Law means any new design of the shape, pattern, colour, or their combination, of a product, which creates an
aesthetic feeling and is fit for industrial application.

   Article 3 Any proceeding provided for by the Patent Law and these Rules shall be conducted in a written form.

   Article 4 Any document submitted under the Patent Law and these Rules shall be in Chinese. The standard scientific and technical terms shall
be used if there is a prescribed one set forth by the State. Where no generally accepted translation in Chinese can be found for
a foreign name or locality or scientific or technical term, the one in the original language shall be also indicated.

Where any certificate or certified document submitted in accordance with the Patent Law and these Rules is in foreign language, and
where the Patent Office deems it necessary, it may request a Chinese translation of the certificate or the certifying document to
be submitted within a specified time limit; where the translation is not submitted within the specified time limit, the certificate
or certifying document shall be deemed not to have been submitted.

   Article 5 For any document sent by mail to the Patent Office, the date of mailing indicated by the postmark on the envelope shall be presumed
to be the date of filing. If the date of mailing indicated by the postmark on the envelope is illegible, the date on which the Patent
Office receives the document shall be the date of filing, except where the date of mailing is proved by the addresser.

Any document of the Patent Office may be served by mail, by personal delivery or by public announcement. Where any party concerned
appoints a patent agency, the document shall be sent to the patent agency; where no patent agency is appointed, the document shall
be sent to the person first named in the request or to the representative. If such person refuses to accept document, it shall be
presumed to have been served.

For any document sent by mail by the Patent Office, the 16th day from the date of mailing shall be presumed to be the date on which
the addressee receives the document.

For any document which shall be delivered personally in accordance with the prescription of the Patent Office, the date of delivery
is the date on which the addressee receives the document.

Where the address of a document is not clear and it cannot be sent by mail, the document may be served by making an announcement in
the Patent Gazette.

At the expiration of one month from the date of the announcement, the document shall be presumed to have been served.

   Article 6 The first day of any time limit prescribed in the Patent Law and these Rules shall not be counted. Where a time limit is counted
by year or by month, it shall expire on the corresponding day of the last month, if there is no corresponding day in that month,
the time limit shall expire on the last day of that month.

If a time limit expires on an official holiday, the time limit shall expire on the first working day after that official holiday.

   Article 7 Where a time limit prescribed in the Patent Law or these Rules or specified by the Patent Office is not observed because of force
majeure, resulting the loss of rights on the part of a party concerned, he or it shall, within two months from the date on which
the impediment is removed, at the latest within two years immediately following the expiration of that time limit, state the reasons,
together with relevant supporting documents and request the Patent Office to restore his or its rights.

Where a time limit prescribed in the Patent Law or these Rules or specified by the Patent Office is not observed because of any justified
reason, resulting the loss of rights on the part of a party concerned, he or it shall, within two months from the date of receipt
of a notification from the Patent Office, state the reasons and request the Patent Office to restore his or its rights.

Where the party concerned makes a request for an extension of a time limit specified by the Patent Office, he or it shall, before
the time limit expires, state the reasons to the Patent Office and complete the relevant procedures.

The provisions of paragraphs 1 and 2 of this Article shall not be applicable to the time limit referred to in Articles 24, 29, 41,
45 and 61 of the Patent Law.

The provisions of paragraph 2 of this Article shall not be applicable to the time limit referred to in Article 88 of these Rules.

   Article 8 Where the invention for which a patent is applied for by a unit of the national defence system relates to the secrets of the State
concerning national defence and is required to be kept secret, the application for patent shall be filed with the patent organization
set up by the competent department of science and technology of national defence under the State Council. Where any application for
patent for invention relating to the secrets of the State concerning national defence and requiring to be kept secret is received
by the Patent Office, the Patent Office shall transfer the application to the afore- mentioned patent organization for examination.
The Patent Office shall make a decision on the basis of the opinions of the said patent organization after examination. In addition
to the preceding paragraph, the Patent Office, after receiving a patent application for an invention which is required to be examined
for its confidential nature shall send it to the department concerned of the State Council for examination.

The said department shall, within four months from receipt of the application, send a report on the results of the examination to
the Patent Office. Where the invention is required to be kept secret, the Patent Office shall handle the application as one for secret
patent and notify the applicant accordingly.

   Article 9 The date of filing referred to in the Patent Law, except that mentioned in Articles 28 and 45, means the priority date where a right
of priority is claimed.

The date of filing referred to in these Rules means the date on which the application for patent is filed with the Patent Office.

   Article 10 “Service invention-creation made by a person in execution of the tasks of the unit to which he belongs” mentioned in Article 6 of
the Patent Law refers to any invention-creation made:

(1) in the course of performing his own duty;

(2) in execution of any task, other than his own duty, which was entrusted to him by the unit to which he belongs;

(3) within one year from his resignation, retirement or change of work, where the invention-creation relates to his own duty or the
other task entrusted to him by the unit to which he previously belonged.

“Material means of the unit” mentioned in Article 6 of the Patent Law refers to unit’s money, equipment, spare parts, raw materials,
or technical data which are not to be disclosed to the public.

   Article 11 “Inventor” or “creator” mentioned in the Patent Law refers to any person who has made creative contributions to the substantive features
of the invention-creation. Any person who, during the course of accomplishing the invention-creation, is responsible only for organization
work, or who offers facilities for making use of materials means, or who takes part in other auxiliary functions, shall not be considered
as inventor or creator.

   Article 12 For any identical invention-creation, only one patent right shall be granted.

Two or more applicants who file, on the same day, applications for patent for the identical invention-creation, as provided for in
Article 9 of the Patent Law, shall, after receipt of a notification from the Patent Office, hold consultation among themselves to
decide the person or persons who shall be enpost_titled to file the application.

   Article 13 Any license contract for exploitation of the patent which has been concluded by the patentee with a unit or individual shall, within
three months from the date of entry into force of the contract, be submitted to the Patent Office for record.

   Article 14 “The patent agency” as stipulated in Article 19 paragraph 1 and Article 20 of the Patent Law shall, on the authorization of the State
Council, be designated by the Patent Office.

   Article 15 Where any dispute arises concerning the right to apply for a patent for an invention-creation or the right to own a patent right
which has been granted, any of the parties concerned may request an administrative authority for patent affairs to handle the matter
or may institute legal proceedings in a people’s court.

Any party to a dispute concerning the right to apply for a patent or the right to own a patent right which has been brought to an
administrative authority for patent affairs or to a people’s court for a settlement, may request the Patent Office to suspend the
relevant procedures.

Any party requesting the suspension of the relevant procedures by the Patent Office in accordance with the preceding paragraph, shall
submit a written request to the Patent Office, together with the relevant document certifying the acceptance of the case by an administrative
authority for patent affairs or by a people’s court.

CHAPTER II APPLICATION FOR PATENT

   Article 16 Anyone who applies for a patent shall submit application documents in duplicate.

Any applicant who appoints a patent agency for filing an application for a patent with, or for dealing with other patent matters before,
the Patent Office, shall submit a power of attorney indicating the scope of the power entrusted.

   Article 17 Other related matters mentioned in Article 26, paragraph 2 of the Patent Law refer to:

(1) the nationality of the applicant;

(2) where the applicant is an enterprise or other organization, the name of the country in which the applicant has the principal business
office;

(3) where the applicant has appointed a patent agency, the relevant matters to be indicated;

(4) where the priority of an earlier application is claimed, the relevant matters to be indicated;

(5) the signature or seal of the applicant or the patent agency;

(6) a list of the documents constituting the application;

(7) a list of the documents appending the application;

(8) any other related matter which needs to be indicated.

Where there are two or more applicants and where they have not appointed a patent agency, they shall designate a representative.

   Article 18 The description of an application for a patent for invention or utility model shall be presented in the following manner and order:

(1) state the post_title of the invention or utility model as appearing in the request;

(2) specify the technical field to which the invention or utility model relates;

(3) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching
and examination of the invention or utility model, and cite the documents reflecting such art;

(4) specify the purpose which the invention or utility model is designed to fulfil;

(5) disclose the technical solution of the invention or utility model, as claimed, in such a manner that a person having ordinary
skill in the field can understand it and fulfil the purpose of the invention or utility model;

(6) state the advantageous effects of the invention or utility model, with reference to the background art;

(7) briefly describe the figures in the drawings, if any;

(8) describe in detail the best mode contemplated by the applicant for carrying out the invention or utility model; this shall be
done in terms of examples, where appropriate, and with reference to the drawings, if any.

The manner and order mentioned in the preceding paragraph shall be observed by the applicant of a patent for invention of a patent
for utility model, unless, because of the nature of the invention or utility model, a different manner or order would afford a better
understanding and a more economical presentation.

The description of the invention or utility model shall not contain such references to the claims as: “as described in part … of
the claim,” nor shall it contain commercial advertising.

   Article 19 The same sheet of drawings may contain several figures of the invention or utility model, and the drawings shall be numbered and
arranged in numerical order consecutively as “Figure 1, Figure 2…”

The scale and the distinctness of the drawings shall be such that a reproduction with a linear reduction in size to two-thirds would
still enable all details to be clearly distinguished.

Drawing reference signs not appearing in the text of the description of the invention or utility model shall not appear in the drawings.
Drawing reference signs not appearing in the drawings shall not appear in the text of the description. Drawing reference signs for
the same composite part used in an application document shall be consistent throughout. The drawings shall not contain any other
explanatory notes, except words which are indispensable.

   Article 20 The claims shall define clearly and concisely the matter for which protection is sought in terms of the technical features of the
invention or utility model.

If there are several claims, they shall be numbered consecutively in Arabic numerals.

The technical terminology used in the claims shall be consistent with that used in the description.

The claims may contain chemical or mathematical formulae but no drawings.

They shall not, except where absolutely necessary, contain such references to the description or drawings as: “as described in part
… of the description”, or “as illustrated in figure … of the drawings.”

The technical features mentioned in the claims may, in order to facilitate quicker understanding of the claim, make reference to the
corresponding reference signs in the drawings of the description. Such reference signs shall follow the corresponding technical features
and be placed between parentheses, and they shall not be construed as limiting the claims.

   Article 21 The claims shall have an independent claim, and may also contain dependent claims.

An independent claim shall outline the technical solution of an invention or utility model and describe the indispensable technical
features necessary for fulfilling the purpose of the invention or utility model.

A dependent claim shall further define the claim which it refers to by additional features that are claimed for protection.

   Article 22 An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, and be presented
in the following forms:

(1) a preamble portion, indicating the post_title of the claimed subject matter of the invention or utility model, and those essential
technical features that are common to the invention or utility model and the prior art;

(2) a characterizing portion, stating, in such wording as “characterized in that …” or in similar expressions, the technical features
of the invention or utility model, which distinguish it from the prior art. These features, in combination with the features stated
in the preamble portion, serve to define the scope of protection of the invention or utility model.

Independent claims may be presented in any other form, where it is not appropriate, according to the nature of the invention or utility
model, to present them in the form prescribed in the preceding paragraph.

Each invention or utility model shall have only one independent claim, which shall precede all the dependent claims relating to the
same invention or utility model.

   Article 23 A dependent claim of an invention or utility model shall contain a reference portion and a characterizing portion, and be presented
in the following form:

(1) a reference portion, indicating the serial number(s) of the claim(s) referred to, and the post_title of the subject matter;

(2) a characterizing portion, stating the additional technical features of the invention or utility model. A dependent claim referring
to one or more other claims shall refer only to the preceding claim or claims. A multiple dependent claim which refers to more than
one other claim shall not serve as a basis for any other multiple dependent claim.

   Article 24 The abstract shall indicate the technical field to which the invention or utility model pertains, the technical problems to be solved,
the essential technical features and the use(s) of the invention or utility model. The abstract may contain the chemical formula
which best characterizes the invention. In an application for a patent which contains drawings, the applicant shall indicate and
provide a drawing which best characterizes the invention or utility model. The scale and the distinctness of the drawing shall be
such that a reproduction with a linear reduction in size to 4 cm * 6 cm would still enable all details to be clearly distinguished.
The whole text of the abstract shall contain not more than 200 Chinese characters. There shall be no commercial advertising in the
abstract.

   Article 25 Where an application for a patent for invention concerns a new micro-organism, a micro-biological process or a product thereof and
involves the use of a micro-organism which is not available to the public, the applicant shall, in addition to the other requirements
provided for in the Patent Law and these Rules, complete the following procedures:

(1) deposit a sample of the micro-organism with a depository institution designated by the Patent Office before the date of filing,
or, at the latest, on the date of filing, and submit, at the time of filing, or, at the latest, within three months from the filing
date, a receipt of deposit and the viability proof from the depository institution; where they are not submitted within the specified
time limit, the sample of the micro-organism shall be deemed not to have been deposited;

(2) give in the application document relevant information of the characteristics of the micro-organism;

(3) indicate, where the application relates to the deposit of the micro- organism, in the request and the description the scientific
name (with its Latin name), the name and address of the depository institution, the date on which the sample of the micro-organism
was deposited and the accession number of the deposit; where, at the time of filing, they are not indicated, they shall be supplied
within three months from the date of filing; where after the expiration of the time limit they are not supplied, the sample of the
micro-organism shall be deemed not to have been deposited.

   Article 26 After the publication of an application for a patent for invention relating to a micro-organism, any unit or individual that intends
to make use of the micro-organism mentioned in the application for the purpose of experiment shall make a request to the Patent Office
containing the following:

(1) the name and address of the unit or individual making the request;

(2) an undertaking not to make the micro-organism available to any other person;

(3) an undertaking to use the micro-organism for experimental purpose only before the grant of the patent right.

   Article 27 The size of drawings or photographs of a design submitted in accordance with the provisions of Article 27 of the Patent Law shall
not be smaller than 3 cm * 8 cm, nor larger than 15cm * 22 cm.

Where an application for a patent for design seeking concurrent protection of colours is filed, a drawing or photograph in colour,
and a drawing or photograph in white and black, shall be submitted.

The applicant shall submit, in respect of the subject matter of the product incorporating the design which is in need of protection,
the relevant views and stereoscopic drawings or photographs, so as to clearly show the subject matter for which protection is sought.

   Article 28 Where an application for a patent for design is filed, a brief explanation of the design shall, when necessary, be indicated.

The brief explanation of the design shall include the main creative portion of the design, the colours for which protection is sought
and the omission of the view of the product incorporating the design. The brief explanation shall not contain any commercial advertising
and shall not be used to indicate the function and the uses of the product.

   Article 29 Where the Patent Office finds it necessary, it may require the applicant for a patent for design to submit a sample or model of the
product incorporating the design. The volume of the sample or model submitted shall not exceed 30 cm * 30 cm * 30 cm, and its weight
shall not surpass 15 kilos. Articles easy to get rotten or broken, or articles that are dangerous, may not be submitted as sample
or model.

   Article 30 The existing technology mentioned in Article 22, paragraph 3 of the Patent Law means any technology which has been publicly disclosed
in publications in the country or abroad, or has been publicly used or made known to the public by any other means in the country,
before the date of filing, that is prior art.

   Article 31 The academic or technological meeting mentioned in Item 2 of Article 24 of the Patent Law means any academic or technological meeting
organized by a department concerned of the State Council or by a national academic association.

Where any application for a patent falls under the provisions of Item 1 or Item 2 of Article 24 of the Patent Law, the applicant shall,
when filing the application, make a declaration and, within a time limit of two months from the date of filing, submit a certificate
issued by the unit which organized the international exhibition or academic or technological meeting, stating that the invention-creation
was in fact exhibited or published and also the date of its exhibited or publication. Where any application for a patent falls under
the provisions of Item 3 of Article 24 of the Patent Law, the Patent Office may, when necessary, require the applicant to submit
a certifying document.

   Article 32 Where an applicant is to comply with the requirements for claiming the right of priority in accordance with Article 30 of the Patent
Law, he or it shall, in his or its written declaration, indicate the date of filing and the filing number of the application which
was first filed (hereinafter referred to as the earlier application) and the country in which that application was filed. If the
written declaration does not contain the date of filing of the earlier application and the name of that country, the declaration
shall be deemed not to have been made. Where the foreign priority is claimed, the copy of the earlier application document submitted
by the applicant shall be certified by the competent authority of the foreign country concerned; where the domestic priority is claimed,
the copy of the earlier application document shall be prepared by the Patent Office.

   Article 33 Any applicant may claim one or more priorities for an application for a patent; where the priorities of several earlier applications
are claimed, the priority period for the application shall be calculated from the earliest priority date.

Where any applicant claims the right of domestic priority, if the earlier application is one for a patent for invention, he or it
may file an application for a patent for invention or utility model for the same subject matter; if the earlier application is one
for a patent for utility model, he or it may file an application for a patent for utility model or invention for the same subject
matter. But when the later application is filed, if the earlier application is one for a patent for utility model, it may not be
the basis of domestic priority:

(1) where foreign or domestic priority has already been claimed;

(2) where a patent right has been granted;

(3) where it belongs to divisional application filed as prescribed.

Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn from the date on which the later application
is filed.

   Article 34 Where an application for a patent is filed or the right of foreign priority is claimed by any applicant having no habitual residence
or business office in China, the Patent Office may, when necessary, require the applicant to submit the following documents:

(1) a certificate concerning the nationality of the applicant;

(2) a certificate concerning the seat of the business office or the headquarters, if the applicant is an enterprise or other organization;

(3) a testimonial showing that the country, to which the foreigner, foreign enterprise or other foreign organization belongs, recognizes
that Chinese citizens and entities are, under the same conditions applied to its nationals, enpost_titled to patent right, right of priority
and other related rights in that country.

   Article 35 Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in
accordance with the provisions of Article 31, paragraph 1 of the Patent Law shall be technically interrelated and contain one or
more same or corresponding special technical features.

The expression “special technical features” shall mean those technical features that define a contribution which each of those inventions,
considered as a whole, makes over the prior art.

The claims in one application for a patent for two or more inventions which are in conformity with the provisions of the preceding
paragraph may be any of the following:

(1) independent claims of the same category for two or more products or processes which cannot be included in one claim;

(2) an independent claim for a product and an independent claim for a process specially adapted for the manufacture of the product;

(3) an independent claim for a product and an independent claim for a use of the product;

(4) an independent claim for a product, an independent claim for a process specially adapted for the manufacture of the product, and
an independent claim for a use of the product;

(5) an independent claim for a product, an independent claim for a process specially adapted for the manufacture of the product, an
independent claim for an apparatus specially designed for carrying out the process;

(6) an independent claim for a process and an independent claim for an apparatus specially designed for carrying out the process.

The claim in one application for a patent for two or more utility models which are in conformity with the provisions of the first
paragraph of this Article may be independent claims for two or more products which cannot be included in one claim.

   Article 36 The expression “the same class” mentioned in Article 31, paragraph 2 of the Patent Law means that the products incorporating the
designs belong to the same subclass in the classification of products for designs, The expression “be sold or used in sets” means
that the products incorporating the designs have the same designing concept and are customarily sold or used at the same time.

Where two or more designs are filed as one application in accordance with the provisions of Article 31, paragraph 2 of the Patent
Law, they shall be numbered consecutively and the numbers shall be placed in front of the post_titles of the view of the product incorporating
the design.

   Article 37 When withdrawing an application for a patent, the applicant shall submit to the Patent Office a declaration stating the post_title of
the invention-creation, the filing number and the date of filing.

Where a declaration to withdraw an application for a patent is submitted after the printing preparation has been done by the Patent
Office for publishing of the application documents, the application shall be published as scheduled.

CHAPTER III EXAMINATION AND APPROVAL OF APPLICATION FOR PATENT

   Article 38 Any person who is to examine or hear a case in the procedures of preliminary examination, substantial examination, reexamination,
revocation or invalidation shall, on his own initiative or upon the request of the party concerned or any other interested person,
avoid being present in any of the following situations:

(1) where he is a close relative of the party concerned or the latter’s agent;

(2) where he has an interest in the application for patent or the patent right;

(3) where he has such other kinds of relations with the party concerned or the latter’s agent that might influence impartial examination
and hearing.

Where a member of the Patent Reexamination Board has taken part in the examination of the application, the provisions of the preceding
paragraph shall apply.

The avoidance of a person in examining and hearing a case shall be decided by the Patent Office.

   Article 39 Upon the receipt of an application for a patent for invention or utility model consisting of a request, a description (a drawing
being indispensable for utility model) and one or more claims, or an application for a patent for design consisting of a request
and one or more drawings or photographs showing the design, the Patent Office shall accord the date of filing and a filing number
and notify the applicant.

   Article 40 In any of the following situations, the Patent Office shall not accept and shall notify the applicant accordingly:

(1) where the application for a patent for invention or utility model does not contain a request, a description (or a description
of utility model without drawings) or claims, or the application for a patent for design does not contain a request, drawings or
photographs;

(2) where the application is not written in Chinese;

(3) where the application is not in conformity with the provisions of paragraph 1 of Article 94 of these Rules;

(4) where the request does not contain the name and address of the a

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...