| Regulations of the People’s Republic of China on the Police Ranks of the People’s Police | |
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| Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
| Category | STATISTICS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-08-30 | Effective Date | 1992-08-30 |
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Circular of the State Council Concerning the Implementation of the Plan for a New National Economic Accounting System |
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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.
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(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 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 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 “Design” in the Patent Law means any new design of the shape, pattern, colour, or their combination, of a product, which creates an 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 Where any certificate or certified document submitted in accordance with the Patent Law and these Rules is in foreign language, and 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 Any document of the Patent Office may be served by mail, by personal delivery or by public announcement. Where any party concerned 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 For any document which shall be delivered personally in accordance with the prescription of the Patent Office, the date of delivery 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 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 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 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 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 provisions of paragraphs 1 and 2 of this Article shall not be applicable to the time limit referred to in Articles 24, 29, 41, 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 The said department shall, within four months from receipt of the application, send a report on the results of the examination to 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 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 (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 “Material means of the unit” mentioned in Article 6 of the Patent Law refers to unit’s money, equipment, spare parts, raw materials, Article 11 “Inventor” or “creator” mentioned in the Patent Law refers to any person who has made creative contributions to the substantive features 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 13 Any license contract for exploitation of the patent which has been concluded by the patentee with a unit or individual shall, within 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 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 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 Any party requesting the suspension of the relevant procedures by the Patent Office in accordance with the preceding paragraph, shall
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, 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 (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 (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 (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 The manner and order mentioned in the preceding paragraph shall be observed by the applicant of a patent for invention of a patent The description of the invention or utility model shall not contain such references to the claims as: “as described in part … of Article 19 The same sheet of drawings may contain several figures of the invention or utility model, and the drawings shall be numbered and The scale and the distinctness of the drawings shall be such that a reproduction with a linear reduction in size to two-thirds would Drawing reference signs not appearing in the text of the description of the invention or utility model shall not appear in the drawings. Article 20 The claims shall define clearly and concisely the matter for which protection is sought in terms of the technical features of the 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 The technical features mentioned in the claims may, in order to facilitate quicker understanding of the claim, make reference to the 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 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 (1) a preamble portion, indicating the post_title of the claimed subject matter of the invention or utility model, and those essential (2) a characterizing portion, stating, in such wording as “characterized in that …” or in similar expressions, the technical features Independent claims may be presented in any other form, where it is not appropriate, according to the nature of the invention or utility Each invention or utility model shall have only one independent claim, which shall precede all the dependent claims relating to the Article 23 A dependent claim of an invention or utility model shall contain a reference portion and a characterizing portion, and be presented (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 Article 24 The abstract shall indicate the technical field to which the invention or utility model pertains, the technical problems to be solved, Article 25 Where an application for a patent for invention concerns a new micro-organism, a micro-biological process or a product thereof and (1) deposit a sample of the micro-organism with a depository institution designated by the Patent Office before the date of filing, (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 Article 26 After the publication of an application for a patent for invention relating to a micro-organism, any unit or individual that intends (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 Where an application for a patent for design seeking concurrent protection of colours is filed, a drawing or photograph in colour, The applicant shall submit, in respect of the subject matter of the product incorporating the design which is in need of protection, 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 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 Article 30 The existing technology mentioned in Article 22, paragraph 3 of the Patent Law means any technology which has been publicly disclosed Article 31 The academic or technological meeting mentioned in Item 2 of Article 24 of the Patent Law means any academic or technological meeting 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, 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 Article 33 Any applicant may claim one or more priorities for an application for a patent; where the priorities of several earlier applications Where any applicant claims the right of domestic priority, if the earlier application is one for a patent for invention, he or it (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 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 (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 Article 35 Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in The expression “special technical features” shall mean those technical features that define a contribution which each of those inventions, The claims in one application for a patent for two or more inventions which are in conformity with the provisions of the preceding (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 (5) an independent claim for a product, an independent claim for a process specially adapted for the manufacture of the product, an (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 Article 36 The expression “the same class” mentioned in Article 31, paragraph 2 of the Patent Law means that the products incorporating the Where two or more designs are filed as one application in accordance with the provisions of Article 31, paragraph 2 of the Patent Article 37 When withdrawing an application for a patent, the applicant shall submit to the Patent Office a declaration stating the post_title of Where a declaration to withdraw an application for a patent is submitted after the printing preparation has been done by the Patent
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, (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 Where a member of the Patent Reexamination Board has taken part in the examination of the application, the provisions of the preceding 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 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 (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 REPLY OF THE STATE COUNCIL TO THE APPLICATION OF LIAONING PROVINCE TO BUILD A BORDER ECONOMIC COOPERATION ZONE IN DANDONG
(July 7, 1992) The People’s Government of Laoning Province: The Application for Establishment of a Riverside Development Zone Dandong Your application has been approved for the establishment of a border PATENT LAW OF THE PEOPLE’S REPUBLIC OF CHINA AMENDMENTSUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PROPLE’S CONGRESS REGARDING THE IMPOSITION OF PUNISHMENT IN RESPECT OF OFFENCES OF TAX EVASION AND REFUSAL TO PAY TAX
With a view to imposing punishment in respect of offences of tax evasion 1. “Tax evasion” means that a taxpayer fails to pay, or underpays the Where a withholding agent by means specified in the preceding paragraph Whoever has repeatedly committed any offence specified in the preceding 2. Where a taxpayer that has not paid the tax due adopts the means of 3. Where an enterprise or institution commits any offence specified 4. Where a taxpayer fails to pay, or underpays the amount of tax payable 5. Where an enterprise or institution has fraudulently obtained from the Where a unit other than those specified in the preceding paragraph or an 6. “Refusal to pay tax” means the refusal to pay tax with resort to Whoever has refused to pay tax with resort to violence and has caused 7. Where an offence specified herein is committed, the tax authorities 8. These Provisions shall come into force as of January 1, 1993. MEASURES FOR THE ADMINISTRATION OF THE STATE COUNCIL ON PARTICIPATION OF FOREIGN FIRMS IN THE SALVAGE OF SUNKEN SHIPS AND OBJECTS IN THE CHINESE COASTAL WATERS
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The Standing Committee of the National People’s Congress Order of the President of the People’s Repbulic China No. 61 “Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Imposition of Punishments in President of the People’s Republic of China Yang Shangkun September 4,1992 Supplementary Provisions of the Standing Committee of the National people’s Congress Concerning the Imposition of Punishments in Respect With a view to imposing punishments in respect of offenses of tax evasion and refusal to pay tax, the relevant supplementary provisions 1. “Evasion of tax” means that a taxpayer fails to pay or underpays the amount of tax payable through the adoption of the means of forging, Where a withholding agent fails to pay or underpays the tax which has been withheld or collected through the adoption of the means Where the illegal acts specified in the preceding two Paragraphs have been committed several times and no punishment has been imposed, 2. Where a taxpayer who has failed to pay the amount of tax payable adopts the means of transferring or concealing the property, resulting 3. Where an enterprise or institution commits the offenses specified in Articles 1 or 2 hereof, a fine shall be imposed on the enterprise 4. Where a taxpayer offers a bribe to tax officials and fails to pay or underpays the amount of tax payable, an investigation into the 5. Where an enterprise or institution fraudulently obtains a tax refund through the adoption of deceptive means such as fraudulently Where an entity or individual other than those as prescribed in the preceding Paragraph fraudulently obtains a tax refund for export 6. “Refusal to pay tax” means the refusal to pay tax by using violence or menace. A taxpayer who has refused to pay tax shall be subject In the case of refusal to pay tax by using violence which causes a person to suffer from serious injury or death, a serious punishment 7. Where the offenses specified herein are committed, the tax authorities shall pursue the payment of the amount of tax which has not 8. The present provisions shall enter into force as of January 1,1993. |
The Standing Committee of the National People’s Congress
1992-09-04
| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-07-12 | Effective Date | 1992-07-12 |
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Measures Governing the Participation of Foreign Firms in the Salvage of Sunken Ships and Objects in the Chinese Coastal Waters |
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(Promulgated on July 12, 1992 by Decree No. 102 of the State Council of
the People’s Republic of China and effective as of the date of promulgation)
Article 1 These Measures are formulated in order to strengthen the
control of the participation of foreign firms in the activities salvaging
sunken ships and objects in the Chinese coastal waters and to ensure the
lawful rights and interests of the parties concerned.
Article 2 These Measures shall apply to the participation of foreign
firms in the activities salvaging sunken ships and objects with commercial
value in the Chinese coastal waters.
These Measures shall not apply to the cases where the owners of the sunken
ships and objects engage in the salvage themselves or invite salvage agencies
to undertake the salvage in the Chinese coastal waters.
Article 3 For the purpose of these Measures, the following terms shall
have the meanings respectively defined hereunder:
(1) “Foreign firm” means enterprises or other economic organizations or
individuals of foreign countries.
(2) “Coastal waters” means the internal seas and territorial seas of the
People’s Republic of China as well as all the other sea areas under its
jurisdiction.
(3) “Sunken ships and objects” means all kinds of vessels and objects
which have sunken under the surface of water or have been buried beneath the
mud surface at seabed in the Chinese coastal waters, which include the main
bodies of the sunken ships or objects and their equipments, and all of the
cargoes or other sundries loaded thereon.
Sunken warships and weaponry with important military value and sunken
ships and objects confirmed as cultural relics are not covered in the scope of
salvage by the participation of foreign firms.
(4) “Salvage operation” means all kinds of operational activities for
salvaging sunken ships and objects according to a joint salvage contract or a
contract for a Chinese-foreign salvage cooperative enterprise, including the
implementation of survey, identification, salvage and other activities related
thereto.
(5) “Operator of salvage” means any unit or individual that actually
operates the salvage.
Article 4 The Chinese Government shall protect, in accordance with the
law, the gains and other lawful rights and interests due to the Chinese and
foreign parties who participate in the salvage of sunken ships and objects in
the Chinese coastal waters (hereinafter referred to as “Chinese and foreign
parties participating in the salvage”).
All the activities of Chinese and foreign parties participating in the
salvage shall comply with the related laws, rules and regulations of the
People’s Republic of China, and be subjected to the control and supervision of
the competent authorities of the Chinese Government.
Article 5 The Ministry of Communications of the People’s Republic of
China is in charge of the affairs regarding the participation of foreign firms
in the salvage of sunken ships and objects in the Chinese coastal waters.
Article 6 Foreign firms may participate in the salvage of sunken ships
and objects in the Chinese coastal waters in either of the following modes:
(1) to sign a joint salvage contract with a Chinese operator of salvage
and undertake the salvage activities in accordance with the rights and duties
of each party as stipulated in the contract;
(2) to establish a Chineseforeign salvage cooperative enterprise with a
Chinese operator of salvage and undertake the salvage activities.
Article 7 Any Chinese operator of salvage shall be a professional salvage
agency with the qualification of undertaking salvage, and such qualification
shall be examined and approved by the Ministry of Communications of the
People’s Republic of China pursuant to the state-formulated requirements of
the professional salvage agency.
Article 8 Definite salvage targets must be expressly fixed in either a
joint salvage contract or a contract for a Chineseforeign salvage cooperative
enterprise. Any sunken ships or objects other than those fixed in the
contracts found during the salvage operation may not be salvaged by either
Chinese or foreign party participating in the salvage without authorization.
Article 9 The Ministry of Communications of the People’s Republic of
China shall be responsible for uniformly organizing negotiations with foreign
firms on affairs concerning the salvage of sunken ships and objects in the
Chinese coastal waters, determining salvage projects and organizing Chinese
operators of salvage to sign joint salvage contracts or contracts for
Chinese-foreign salvage cooperative enterprises with foreign firms in
accordance with the law.
Article 10 The joint salvage contract signed between a foreign firm and a
Chinese operator of salvage shall accord with the related stipulations of the
Law of the People’s Republic of China on Economic Contracts Involving Foreign
Interest and be subject to the approval by the Ministry of Communications of
the People’s Republic of China.
The Chinese-foreign salvage cooperative enterprise formed by a foreign
firm and a Chinese operator of salvage shall go through the formalities of
examination and approval as well as registration in accordance with the
stipulations of the Law of the People’s Republic of China on Chinese-Foreign
Contractual Joint Ventures.
Article 11 While a joint salvage contract or a contract for a
Chinese-foreign salvage cooperative enterprise is submitted to the authorities
for examination and approval, the relevant documents of the implementing
salvage plan approved by the harbour superintendency establishments of the
People’s Republic of China (hereinafter referred to as harbour
superintendency) shall be presented; where an area of fishing port is
involved, the relevant documents approved by the fishery administrative
authorities and fishing harbour superintendency establishments shall be
presented; where a military forbidden area or district is involved, the
relevant documents approved by the competent military authorities shall be
presented.
The examination and approval authorities shall, within 45 days after
receiving the application for examination and approval of the above-mentioned
contract, decide whether to approve or disapprove.
Article 12 After the approval of the joint salvage contract, the foreign
firm shall apply for business registration to the State Administration for
Industry and Commerce of the People’s Republic of China within 30 days after
its receipt of the document of approval and obtain a business license; it
shall register with the local tax authorities within 30 days after obtaining
the business license.
Article 13 A foreign firm participating in the salvage of sunken ships
and objects within the internal seas and territorial seas of the People’s
Republic of China shall bear all the costs and expenses as well as the
financial risks during the salvage operation. The Chinese operator of salvage
is responsible for the coordination with the relevant authorities, the
fulfilment of the necessary formalities and the guardianship during the
salvage operation.
A foreign firm participating in the salvage of sunken ships and objects
beyond the internal seas and territorial seas of the People’s Republic of
China and within other sea areas under its jurisdiction shall bear all the
costs and expenses as well as the financial risks in the phase of survey and
identification. The Chinese and foreign parties shall implement the salvage
operation according to the stipulations of the contract where the salvage is
necessary.
Article 14 The vessels, equipments and labour services needed by the
foreign firm in implementing the joint salvage contract shall first be leased
and employed from the Chinese operator of salvage, if the conditions are the
same.
Article 15 The objects recovered from the salvage of sunken ships and
objects in the Chinese coastal waters with the participation of a foreign firm
(hereinafter referred to as “recovered objects”) shall be disposed of in the
following ways:
(1) The ownership of the sunken ships and objects recovered within the
internal seas and territorial seas of the People’s Republic of China resides
in the People’s Republic of China. The foreign firm shall obtain its gains
from the recovered objects or the sum evaluated in terms of money in
accordance with the stipulations of the joint salvage contract or the contract
for the Chineseforeign salvage cooperative enterprise.
The Chinese operator of salvage shall obtain its gains from the recovered
objects or the sum evaluated in terms of money in accordance with the relative
stipulations of the State or those of the contract for the Chinese-foreign
salvage cooperative enterprise.
(2) The sunken ships and objects recovered from beyond the internal seas
and territorial seas of the People’s Republic of China but within other sea
areas under its jurisdiction shall be distributed to Chinese and foreign
parties participating in the salvage according to the proportions stipulated
in the contract, in form of the recovered objects or the sum evaluated in
terms of money.
(3) Any cultural relics found in the recovered objects or during the
salvage operation shall be reported to the local administrative department for
cultural relics without delay. The department for cultural relics shall
dispose of them in accordance with the law and regulations of the People’s
Republic of China concerning cultural relics protection and give appropriate
rewards to the personnel concerned.
Article 16 The recovered objects obtained by the foreign firms according
to law can be purchased by the relevant authorities of Chinese Government at
the price of international market or transported abroad by the foreign firms
after being taxed and going through the Customs formalities pursuant to the
Chinese Law.
Foreign currency of other gains obtained by the foreign firms can be
remitted abroad after being taxed according to Law.
Article 17 Before the salvage operation, the operators of salvage shall
apply for the issuance of a navigation warning in accordance with the relevant
stipulations of the Maritime Traffic Safety Law of the People’s Republic of
China.
The Ministry of Communications of the People’s Republic of China shall
circulate the related data such as the commencement and termination time of
the salvage operation and its geographical position to the State Bureau of
Oceanography and other relevant authorities.
The operators of salvage shall engage in their salvage operation within
the operational area approved by the harbour superintendency and report the
progress of the salvage activities according to the requirements of the
harbour superintendency. Any methods detrimental to marine resources, marine
environment, underwater facilities, marine military installations and other
interests of the People’s Republic of China may not be used in salvage
operation.
Article 18 The relevant personnel from Chinese and foreign parties
participating in the salvage shall, from the beginning to the end, take part
in the salvage operation and are jointly responsible for the work of
registering and storing the recovered objects.
Article 19 All the recovered objects shall receive the inspection by the
relevant authorities at the place assigned by the competent authorities of the
Chinese Government.
Article 20 Anyone who has violated these Measures to salvage sunken ships
and objects in the Chinese coastal waters shall be ordered to stop the salvage
operation and be warned or fined by harbour superintendency. The violator who
has already caused losses to the State or other individuals shall bear the
liability of compensation.
The amount of fine shall be appraised and decided according to the related
penalty provisions of the State marine traffic administration.
Article 21 The participation of any enterprise or individual or other
economic organization from Hong Kong, Macao or Taiwan in the salvage of sunken
ships and objects in the Chinese coastal waters shall be handled with
reference to these Measures.
Article 22 The Ministry of Communications of the People’s Republic of
China shall be responsible for the interpretation of these Measures.
Article 23 These Measures shall go into effect as of the date of
promulgation.
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(Effective Date:1992.09.30–Ineffective Date:)
Article 1 These Provisions are formulated to implement the international copyright treaties and to protect the legitimate rights and interests Article 2 With regard to the protection of foreign works, the Copyright Law of the People’s Republic of China (hereinafter referred to as “the Article 3 The “international copyright treaties” mentioned in these Provisions refers to the Berne Convention for the Protection of Literary Article 4 Foreign works mentioned in these Provisions shall include: (1) works of which the author or one of the co-authors or the other owner of copyright or one of the co-owners of copyright is a national (2) works of which the author is not a national or a permanent resident of a country party to international copyright treaties but (3) Works created by others by commission from a Chinese-foreign equity joint venture, a Chinese-foreign contractual joint venture Article 5 With regard to the term of protection for unpublished foreign works, the provisions of Articles 20 and 21 of the Copyright Law shall Article 6 In the case of foreign works of applied art, the term of protection shall be 25 years commencing from the creation of the works. The preceding paragraph, however, shall not apply to the works of fine arts, including designs of cartoon characters, used in industrial Article 7 Foreign computer programmes shall be protected as literary works, shall not be subject to registration and shall enjoy a term of Article 8 Foreign works created by compiling non-protected materials shall be protected in accordance with the provisions of Article 14 of Such protection, however, shall not preclude others from using the same materials to create works of compilation. Article 9 Foreign video recordings shall be protected as cinematographic works to the extent that international copyright treaties treat them Article 10 Prior authorization of the copyright owners shall be required if a published foreign work created in Chinese is to be translated Article 11 Copyright owners of foreign works have the right to authorize others to perform before the public their works in any manner and by Article 12 Copyright owners of foreign cinematographic works, television works and works of video recordings have the right to authorize others Article 13 Prior authorization of the copyright owner shall be required for newspapers and periodicals to reprint a foreign work, except the Article 14 Copyright owners of foreign works may authorize or prohibit rental of copies of their works after authorizing others to distribtute Article 15 Copyright owners of foreign works have the right to prohibit the importation of the following types of copies of their works: (1) infringing copies; (2) copies coming from a country where their works are not protected. Article 16 In the case of public performance, recording and broadcasting of foreign works, the provisions of the Berne Convention shall apply. Article 17 Foreign works which, at the date on which the international copyright treaties enter into force in China, have not fallen into the The preceding paragraph shall not apply to the uses of foreign works that had taken place before the international copyright treaties A Chinese citizen or legal person who owned and used a particular copy of a foreign work for a particular purpose before the entry The application of the foregoing three paragraphs shall be subject to the provisions of the bilateral agreements on copyright concluded Article 18 Articles 5, 12, 14, 15, and 17 of these Provisions shall also apply to sound recordings. Article 19 Where pre-existing administrative regulations relating to copyright conflict with these Provisions, these Provisions shall apply. Article 20 The implementation in China of the international copyright treaties shall be the responsibility of the National Copyright Administration Article 21 The interpretation of these Provisions shall be the responsibility of the National Copyright Administration of China. Article 22 These Provisions shall enter into force as of September 30, 1992.
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