1998

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING PORT SUPPLY TO FOREIGN AND CHINESE OCEANGOING VESSELS

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-01-08 Effective Date  1992-01-08  


Circular of the General Office of the State Council Concerning Port Supply to Foreign and Chinese Oceangoing Vessels



(January 8, 1992)

    With the rapid development of China’s economy and foreign trade, the
amount of foreign and Chinese oceangoing vessels entering and leaving our
ports increases with each passing day, which makes the port supply of ship’s
materials and provisions an ever heavier burden. The State Council has paid a
considerable attention to this work, and has formulated explicit regulations
in this regard. However, problems of price confusion, loss of foreign exchange
and violations of the law and discipline have arisen time and again in the
work of port supply owing to the meddling of different quarters in this
service during recent years. With a view to further improving port supply, it
is hereby noticed with the consent of the State Council as follows:

    1. Ports are windows of China’s opening  to  the outside world. It is of
great economic and political significance to do well the work of ship’s supply
and receiption of foreign and Chinese seamen. For this reason, the people’s
governments of the localities where the ports are situated and the relevant
departments of the State Council shall, proceeding from the general situation,
accomplish this work satisfactorily in harmonious cooperation through earnest
efforts.

    2. The supply of the materials required by Chinese and foreign vessels is
a foreignrelated task, which shall be properly centralized. Except the foreign
ships supply companies of the commercial system (hereinafter referred to as
the foreign ships supply companies) and the supply stations (companies) of the
China Ocean Shipping Company, none of the non-designated supply units
(including port labour services) and individuals may engage in the service of
supplying materials and provisions for Chinese and foreign ships.

    3. After several decades’ build-up, the foreign ships supply companies
have laid a good foundation of manpower and material resources and accumulated
much experience in the work of supply. In future, the foreign ships supply
companies shall still function as the principal channel in supplying the
materials needed by Chinese and foreign ships at ports. In the meantime, the
foreign ships supply companies shall further improve their operation and
management, constantly raise their efficiency and enhance the quality of their
service so as to make the supply work better cater to the needs of the opening
to the outside world and the development of ocean shipping.

    4. The China Ocean Shipping Company’s businesses of supplying materials
and provisions at the ports of Guangzhou, Shanghai, Tianjin, Qingdao and
Dalian, and forwarding the same to the China Ocean Shipping Company ships in
long service overseas is beneficial to the strengthening of the enterprise’s
own management and the raising of its economic benefits. The China Ocean
Shipping Company may continue to supply materials and provisions at the five
major ports and forward the same to its ships abroad, but this shall be
confined to the China Ocean Shipping Company’s vessels. As to whether the
provisions supply service shall cover Lianyungang, Zhanjiang, Qinhuangdao and
other ports shall be determined by the State Planning Commission through
consultation with the departments concerned in light of the development of the
China Ocean Shipping Company’s fleet.

    5. The foreign ships supply companies and supply stations (companies)
under China Ocean Shipping Company shall implement conscientiously the rules
and regulations of the State governing commodity prices,  tax revenue and
foreignexchange control,  and enhance mutual support and cooperation in their
business so as to accomplish jointly the task of supplying ships at ports. The
China Ocean Shipping Agency (PENAVICO) shall, in accordance with the relevant
provisions, render conscientious and enthusiastic services to the ships
engaged in international marine transport at ports.

    6. The people’s governments in the localities where the ports are situated
shall instruct the departments concerned to formulate corresponding
port-management measures to tackle the problems existing in the material
supply in the port areas comprehensively. The control on ships operating at
ports as well as men and vehicles entering the ports shall be strengthened,
and illegal activities such as black-marketing of foreign exchange,
prostitution, whore-visiting and unlawful business operations shall be
resolutely combated and banned. Anyone that has violated the criminal laws
shall be handed over to the judicial organs for punishment.






MEASURES OF THE CUSTOMS OFFICE CONCERNING ADMINISTRATION OF GOODS, MEANS OF TRANSPORT, ARTICLES CARRIED BY INDIVIDUALS AND POSTAL ARTICLES LEAVING OR ENTERING THE YANGPU ECONOMIC DEVELOPMENT ZONE OF HAINAN PROVINCE

Category  CUSTOMS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-07-27 Effective Date  1992-07-27  


Measures of the Customs Office of the People’s Republic of China Concerning Administration of Goods, Means of Transport, Articles
Carried by Individuals and Postal Articles Leaving or Entering the Yangpu Economic Development Zone of Hainan Province

Chapter I  General Provisions
Chapter II  Administration of Import and Export Goods and
Chapter III  Administration of Goods Coming and Going between
Chapter IV  Administration of Means of Transport Entering or
Chapter V  Administration of Articles Carried by Individuals
Chapter VI  Supplementary Provisions

(Approved by the State Council on July 7, 1992, promulgated

by Decree No.32 of the General Administration of Customs on
July 27, 1992)
Chapter I  General Provisions

    Article 1  These Measures are formulated in accordance with
the Customs Law of the People’s Republic of China and the
provisions of other relevant laws and regulations promulgated by
the state in order to promote the construction in Yangpu Economic
Development Zone (hereinafter referred to as the Development
Zone) and develop the export-oriented economy.

    Article 2  The Development Zone is under the supervision and
administration of Customs, and Customs shall carry out the tasks
of supervision and administration in the Development Zone in
accordance with the law. A closed and separate installation shall
be established between the Development Zone and non-development
areas (i.e. other areas within the territory of China, the same
below).

    Article 3  Enterprises in the Development Zone shall present
valid certificates issued by the administrative department in the
Development Zone to Customs for registration.

    Article 4  Goods, means of transport, articles carried by
individuals and postal articles which enter or leave the
Development Zone must go through the channel designated by
Customs. The consignee and consignor of the goods, the owner of
the articles, the person in charge of the means of transport and
their agents shall make truthful declarations to Customs, fill in
the declaration form for import and export commodities in
accordance with provisions, present the relevant documents and
agree to inspections by Customs.

    Article 5  Goods imported by the Development Zone shall be
used only in the Development Zone; these goods are strictly
forbidden to be transferred or sold to non-development areas
without approval. Products produced in the Development Zone are
in principle for export.

    Article 6  Goods and articles for which import or export is
forbidden by the state shall not be brought into or out of the
Development Zone.

    Article 7  Enterprises in the Development Zone shall, in
accordance with the provisions of relevant laws and regulations,
establish accounting headings, account books and report forms,
and shall fill in the report forms regularly and submit them to
Customs for examination and verification.

    Article 8  Customs is enpost_titled to inspect, in accordance with
the provisions of Customs Law of the People’s Republic of China,
the persons, the means of transport, and relevant locations in
the Development Zone, who or which are suspected of being
involved in smuggling.
Chapter II  Administration of Import and Export Goods and
Preferential Treatment in Taxation

    Article 9  Import or export licenses shall not be required
for the following cases: the importation into the Development
Zone of machinery, equipment, goods and materials for capital
construction, motor vehicles for production, means of transport,
and articles for office use which are to be used within the
Development Zone; importation into the Development Zone of raw
and processed materials, spare and component parts, primary
parts, fuels, and packaging supplies needed for processing export
products in the Development Zone; transit goods; the importation
into the Development Zone of consumption goods and materials to
be sold in markets within the Development Zone; and products
processed in the Development Zone and destined for export.

    Article 10  Customs duty and consolidated industrial and
commercial taxes (product taxes or value-added taxes) on import
and export goods of the Development Zone shall be handled in
accordance with the following provisions:

    (1) The machinery, equipment and goods and materials for
capital construction needed to be imported for the construction
of infrastructure in the Development Zone shall be exempted from
duty;

    (2) The construction and repair materials, production and
administration equipment, fuels necessary for production and
operation, a reasonable number of motor vehicles necessary for
production, other means of transport, articles for office use and
spare parts and fittings needed for the maintenance of the
aforesaid machinery, equipment and motor vehicles which are
imported by enterprises in the Development Zone for their own use
shall be exempted from duty;

    (3) A reasonable quantity of means of transport, articles for
office use and equipment for administration imported by
administrative departments or institutions in the Development
Zone for their own use shall be handled in accordance with the
provisions of Item 2 of this Article;

    (4) Imported goods and materials covered in Items 1, 2 and 3
which are necessary for the operation of transportation,
communications, real estate, commercial business, catering trades
and other service trades in the Development Zone shall be
exempted from duty;

    (5) Goods imported within the specified quotas and variety by
state-operated duty-free stores established with the approval of
the competent authority of the state shall be exempted from duty;

    (6) Transit goods, raw and processed materials, spare and
components parts, primary parts and packaging supplies imported
by enterprises in the Development Zone for production of export
products shall be held in bond;

    (7) Consumption goods and materials imported by the
Development Zone for supply to markets in the Zone shall be
allowed a 50 percent reduction of duty, excepting imported
tobacco and liquor, which shall be subject full duty; and

    (8) The exportation of products produced in the Development
Zone shall be exempt from export duty.

    Article 11  Goods for entrepot trade in the Development Zone
shall be stored in warehouses or sites designated by Customs and
shall be subject to the supervision and administration of
Customs. Transit goods, with the approval of Customs, may undergo
simple processing in warehouses, such as grading, selecting,
pasting labels and changing packaging.
Chapter III  Administration of Goods Coming and Going between
the Development Zone and Non-Development Areas

    Article 12  Goods coming and going between the Development
Zone and non-development areas shall be treated as imported and
exported goods that shall be declared at Customs by the consignee
or consignor and be subject to the inspection of Customs.

    Article 13  The building materials, construction machinery
and consumption goods for daily use supplied to the Development
Zone by non-development areas shall, upon entering the
Development Zone, be examined and approved by Customs and be
subject to the supervision and administration of Customs.

    Article 14  Where any products produced in the Development
Zone are to be sold to non-development areas, or any goods
imported by the Development Zone are to be transported to non-
development areas, approval from Customs shall be obtained and
the specified approval certificates shall be presented to Customs
for examination. Customs shall go through formalities in
accordance with relevant provisions.

    Article 15  If any materials or components imported by
enterprises in the Development Zone are to be transported to non-
development areas for processing for export-oriented finished
products, approval from Customs shall be obtained.

    If any enterprises in non-development areas wish to transport
materials or components to the Development Zone for processing by
enterprises therein, they shall go through the appropriate
Customs procedures. If there is a need to use or expend the
imported materials or components of enterprises in the
Development Zone, it shall be submitted to Customs for approval.
If the said imported materials or components are to be
transported from the Development Zone, relevant import
formalities shall be completed.

    Article 16  Finished products produced or assembled by
enterprises in the Development Zone with duty-free imported raw
or processed materials, spare and component parts or primary
parts may be allowed a 50 percent reduction of duties if they are
to be sold within the Development Zone; where said products are
approved for transport to non-development areas, duties shall be
either exempted or levied by Customs in accordance with relevant
provisions. In the event that the consignors or their agents
cannot submit an accurate report on the names, quantities and
values of the imported materials or components contained in the
products composed of imported materials, Customs shall consider
the products as imported and levy duties as such.

    Article 17  Goods imported and exported by non-development
areas via the Development Zone shall be subject to the
supervision and administration of Customs. They shall be
administered in accordance with Customs’ provisions concerning
the transport of goods from one place with a Customs
establishment to another, and shall go through the Development
Zone by a designated route within a period specified by Customs.
Chapter IV  Administration of Means of Transport Entering or
Leaving the Development Zone

    Article 18  Inward and outward means of transport of the
Development Zone shall be declared at Customs by the owners of
the means of transport or by their agents, and shall be subject
to the supervision, administration and inspection of Customs.

    Article 19  Means of transport running between the
Development Zone and non-development areas shall go through the
registration procedures with the approval certification issued by
the people’s government of Hainan province or other designated
competent authorities. Means of transport entering or leaving the
Development Zone shall be declared at Customs and be subject to
the inspection of Customs.
Chapter V  Administration of Articles Carried by Individuals
and Articles Sent by Post

    Article 20  Inward and outward articles carried by
individuals and inward and outward articles sent by post shall be
declared at Customs, and Customs shall, after examination and
inspection, give customs clearance according to relevant
provisions, except for those articles for which entry or exit is
forbidden by the state.

    Article 21  Articles carried along by individuals leaving the
Development Zone for non-development areas shall be declared at
Customs, and be subject to the inspection of Customs. Customs shall
act in accordance with the measures for the supervision and
administration of luggage and articles carried by travelers
entering or leaving the country.

    Articles posted by individuals from the Development Zone to
non-development areas shall be handled by Customs acting in
accordance with the measures for the supervision and
administration of postal articles entering or leaving the country.
Articles for which import is restricted by the state may not be
posted from the Development Zone to other areas.
Chapter VI  Supplementary Provisions

    Article 22  Supervision charges for bonded goods or goods for
which customs duties have been reduced or exempted that have been
imported into the Development Zone shall be handled in accordance
with the Measures of the Customs of the People’s Republic of
China Concerning the Collection of Customs Supervision Charges
for Bonded Goods or Goods for Which Customs Duties Have Been
Reduced or Exempted.

    Article 23  Smuggling and other violations of Customs’
provisions shall be dealt with by Customs in accordance with
provisions of the Customs Law of the People’s Republic of China
and other relevant laws and regulations. Those in violation of
the Criminal Law shall be referred to judicial organs for
investigation of criminal responsibility.

    Article 24  Related matters which are not covered in these
Measures shall be handled in accordance with the relevant
existing provisions of Customs for the Hainan Special Economic Zone.

    Article 25  The date of implementation of these Measures shall
be determined by the General Administration of Customs after the
separate installations for the Development Zone have passed
inspection by Customs.

    Article 26  The Customs of Haikou shall formulate its
implementation rules according to these Measures and implement
the rules after they have been submitted to and approved by the
General Administration of Customs.

    Article 27  The General Administration of Customs shall be
responsible for interpreting these Measures.






REGULATIONS FOR THE IMPLEMENTATION OF INTERNATIONAL COPYRIGHT TREATIES

Regulations for the Implementation of International CopyrightTreaties

     (Promulgated on September 25, 1992)

Whole Doc.

   Article 1

These Regulations are formulated in order to implement international

copyright treaties and to protect the lawful rights and interests of owners of copyrights in foreign works.

   Article 2

The protection of foreign works shall be governed by the PRC

Copyright Law (the Copyright Law), the PRC Copyright Law Implementing Rules, the Computer Software Protection Regulations
and these Regulations.

   Article 3

The term “international copyright treaties” as used in these

Regulations shall refer to the Berne Convention for the Protection of

Literary and Artistic Works (the Berne Convention) acceded to by the PRC

and bilateral copyright agreements entered into with foreign countries.

   Article 4

The term “foreign works” as used these Regulations shall include the

following:

(1) works, of which the author or one of the authors, or the owners

or one of the owners of the copyright, is a national of a country that is

a member of an international copyright treaty or a resident of such member

country with habitual residence in such member country;

(2) works that are not authored by a national of a country that is a

member of an international copyright treaty or by a resident of such

member country with habitual residence in such member country, but that

are first or simultaneously published in such member country; and

(3) works, the creation of which was commissioned to another party by

a Sino-foreig n equity joint venture, a Sino-foreign cooperative joint

venture or a wholly foreign owned enterprise, and for which a contract

provides that such joint venture or enterprise is the owner or one of the

owners of the copyright.

   Article 5

Articles 20 and 21 of the Copyright Law shall apply to the term of

protection of unpublished foreign works.

   Article 6

The term of protection of foreign works of applied art shall be 25

years from the completion of such works.

The preceding paragraph shall not apply to works of fine art

(including designs of animated cartoon imaged) used on industrial

products.

   Article 7

Foreign computer programs shall be protected as literary works and

shall not require registration. The term of protection shall be 50 years

from the end of the year of first publication of such a program.

   Article 8

Foreign works that are a compilation of unprotected material but that

are original in terms of the selection or arrangement of the material

shall be protected under Article 14 of the Copyright Law. Such protection

shall not exclude others from using the same material for a compilation.

   Article 9

Foreign video recordings that under international copyright treaties

constitute cinematographic works shall be protected as cinematographic

works.

   Article 10

Where a foreigner has created and published a work in the language of

the Han nationality, the publication and distribution of a translation of

such work into the language of a minority nationality shall be subject to

prior authorization of the copyright owner.

   Article 11

Owners of copyright in foreign works may authorize others publicly to

perform their works, or to communicate to the public the performance of

their works, by any means or process.

   Article 12

Owners of copyright in foreign cinematographic, television and video

recording works may authorize others to publicly p erform their works.

   Article 13

Reproduction by the press of foreign works shall be subject to prior

authorization of the copyright owners, except in the case of reproduction

of articles on current social topics such as political and economic

issues.

   Article 14

After owners of copyright in foreign works have authorized other

persons to distribute copies of their works, they may authorize or

prohibit the rental of copies of their works.

   Article 15

The owner of the copyright in a foreign work shall have the right to

prohibit import of the following reproductions of his work:

(1) infringing copies; and

(2) reproductions coming from a country where the work is not

protected.

   Article 16

The performance, recording or broadcasting of foreign works shall be

governed by the Berne Convention. Where collective administration

organizations exist, prior authorization shall be obtained from such

organizations.

   Article 17

Foreign works that have not yet fallen into the public domain in the

country of origin on the date of the international copyright treaty coming

into force in China, shall be protected until the expiry of the term of

protection provided for in the Copyright Law and these Regulations.

The provisions of the preceding paragraph shall not apply to the use

of foreign works prior to the date of the international copyright treaty

coming into force in China.

Chinese citizens or legal persons that owned and used particular

reproductions of foreign works for particular purposes prior to the

international copyright treaty coming into force in China, may continue to

use the reproductions of such works without liability, provided that such

reproductions are neither reproduced nor used in any way that would

unreasonably prejudice the legitimate rights and interests of the owners

of copyright in the works.

The provisions of the preceding 3 paragraphs shall be implemented in

accordance with the relevant bilateral copyright agreements between China

and the relevant countries.

   Article 18

Articles 5, 12, 14, 15 and 17 of these Regulations shall apply to

products of sound recordings.

   Article 19

In the event of any discrepancies between these Regulations and

administrative laws and regulations concerning copyright that were

promulgated prior to the implementation of these Regulations, these

Regulations shall prevail. In the event of any discrepancies between these

Regulations and international copyright treaties, the international

copyright treaties shall prevail.

   Article 20

The State Copyright Administration shall be responsible for the

implementation of international copyright treaties in China.

   Article 21

The State Copyright Administration shall be responsible for the

interpretation of these Regulations.

   Article 22

These Regulations shall be implemented as of September 30, 1992.

    






LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.55

The Law of the People’s Republic of China on the Territorial Sea and the Contiguous Zone, adopted at the 24th Meeting of the Standing
Committee of the Seventh National People’s Congress on February 25, 1992, is promulgated now and shall enter into force as of the
date of promulgation.

President of the People’s Republic of China: Yang Shangkun

February 25, 1992

Law of the People’s Republic of China on the Territorial Sea and the Contiguous Zone

Article 1

This Law is enacted for the People’s Republic of China to exercise its sovereignty over its territorial sea and the control over its
contiguous zone, and to safeguard its national security and its maritime rights and interests.

Article 2

The territorial sea of the People’s Republic of China is the sea belt adjacent to the land territory and the internal waters of the
People’s Republic of China.

The land territory of the People’s Republic of China includes the mainland of the People’s Republic of China and its coastal islands;
Taiwan and all islands appertaining thereto including the Diaoyu Islands; the Penghu Islands; the Dongsha Islands; the Xisha Islands;
the Zhongsha Islands and the Nansha Islands; as well as all the other islands belonging to the People’s Republic of China.

The waters on the landward side of the baselines of the territorial sea of the People’s Republic of China constitute the internal
waters of the People’s Republic of China.

Article 3

The breadth of the territorial sea of the People’s Republic of China is twelve nautical miles, measured from the baselines of the
territorial sea.

The method of straight baselines composed of all the straight lines joining the adjacent base points shall be employed in drawing
the baselines of the territorial sea of the People’s Republic of China.

The outer limit of the territorial sea of the People’s Republic of China is the line every point of which is at a distance equal to
twelve nautical miles from the nearest point of the baseline of the territorial sea.

Article 4

The contiguous zone of the People’s Republic of China is the sea belt adjacent to and beyond the territorial sea. The breadth of the
contiguous zone is twelve nautical miles.

The outer limit of the contiguous zone of the People’s Republic of China is the line every point of which is at a distance equal to
twenty-four nautical miles from the nearest point of the baseline of the territorial sea.

Article 5

The sovereignty of the People’s Republic of China over its territorial sea extends to the air space over the territorial sea as well
as to the bed and subsoil of the territorial sea.

Article 6

Foreign ships for non-military purposes shall enjoy the right of innocent passage through the territorial sea of the People’s Republic
of China in accordance with the law.

Foreign ships for military purposes shall be subject to approval by the Government of the People’s Republic of China for entering
the territorial sea of the People’s Republic of China.

Article 7

Foreign submarines and other underwater vehicles, when passing through the territorial sea of the People’s Republic of China, shall
navigate on the surface and show their flag.

Article 8

Foreign ships passing through the territorial sea of the People’s Republic of China must comply with the laws and regulations of the
People’s Republic of China and shall not be prejudicial to the peace, security and good order of the People’s Republic of China.

Foreign nuclear-powered ships and ships carrying nuclear, noxious or other dangerous substances, when passing through the territorial
sea of the People’s Republic of China, must carry relevant documents and take special precautionary measures.

The Government of the People’s Republic of China has the right to take all necessary measures to prevent and stop non-innocent passage
through its territorial sea.

Cases of foreign ships violating the laws or regulations of the People’s Republic of China shall be handled by the relevant organs
of the People’s Republic of China in accordance with the law.

Article 9

The Government of the People’s Republic of China may, for maintaining the safety of navigation or for other special needs, request
foreign ships passing through the territorial sea of the People’s Republic of China to use the designated sea lanes or to navigate
according to the prescribed traffic separation schemes. The specific regulations to this effect shall be promulgated by the Government
of the People’s Republic of China or its competent authorities concerned.

Article 10

In the case of violation of the laws or regulations of the People’s Republic of China by a foreign ship for military purposes or a
foreign government ship for noncommercial purposes when passing through the territorial sea of the People’s Republic of China, the
competent authorities of the People’s Republic of China shall have the right to order it to leave the territorial sea immediately
and the flag State shall bear international responsibility for any loss or damage thus caused.

Article 11

All international organizations, foreign organizations or individuals shall obtain approval from the Government of the People’s Republic
of China for carrying out scientific research, marine operations or other activities in the territorial sea of the People’s Republic
of China, and shall comply with the laws and regulations of the People’s Republic of China.

All illegal entries into the territorial sea of the People’s Republic of China for carrying out scientific research, marine operations
or other activities in contravention of the provisions of the preceding paragraph of this Article, shall be dealt with by the relevant
organs of the People’s Republic of China in accordance with the law.

Article 12

No aircraft of a foreign State may enter the air space over the territorial sea of the People’s Republic of China unless there is
a relevant protocol or agreement between the Government of that State and the Government of the People’s Republic of China, or approval
or acceptance by the Government of the People’s Republic of China or the competent authorities authorized by it.

Article 13

The People’s Republic of China has the right to exercise control in the contiguous zone to prevent and impose penalties for activities
infringing the laws or regulations concerning security, the customs, finance, sanitation or entry and exit control within its land
territory, internal waters or territorial sea.

Article 14

The competent authorities concerned of the People’s Republic of China may, when they have good reasons to believe that a foreign ship
has violated the laws or regulations of the People’s Republic of China, exercise the right of hot pursuit against the foreign ship.

Such pursuit shall be commenced when the foreign ship or one of its boats or other craft engaged in activities by using the ship pursued
as a mother ship is within the internal waters, the territorial sea or the contiguous zone of the People’s Republic of China.

If the foreign ship is within the contiguous zone of the People’s Republic of China, the pursuit may be undertaken only when there
has been a violation of the rights as provided for in the relevant laws or regulations listed in Article 13 of this Law.

The pursuit, if not interrupted, may be continued outside the territorial sea or the contiguous zone until the ship pursued enters
the territorial sea of its own country or of a third State.

The right of hot pursuit provided for in this Article shall be exercised by ships or aircraft of the People’s Republic of China for
military purposes, or by ships or aircraft on government service authorized by the Government of the People’s Republic of China.

Article 15

The baselines of the territorial sea of the People’s Republic of China shall be promulgated by the Government of the People’s Republic
of China.

Article 16

The Government of the People’s Republic of China formulates the relevant regulations in accordance with this Law.

Article 17

This Law shall come into force on the date for promulgation.



 
The Standing Committee of the National People’s Congress
1992-02-25

 







CIRCULAR OF THE STATE COUNCIL REGARDING THE FURTHER OPENING OF CHONGQING AND SOME OTHER CITIES

Category  SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-07-30 Effective Date  1992-07-30  


Circular of the State Council Regarding the Further Opening of Chongqing and Some Other Cities

(July 30, 1992)

    The State Council has resolved to further open five cities–Chongqing,
Yueyang, Wuhan, Jiujiang and Wuhu along the Yangtze River, four provincial
capitals–Ha’erbin, Changchun, Huhhot and Shijiazhuang in border areas or
along the coast, and 11 provincial capitals–Taiyuan, Hefei, Nanchang,
Zhengzhou, Changsha, Chengdu, Guiyang, Xi’an, Lanzhou, Xining, and Yinchuan
in inland areas. In the above-mentioned cities, the policy on costal open
cities shall be implemented. Moreover, until the end of 1995, these cities
shall be exempt from import duties and product taxes (value-added taxes) for
the equipment imported to meet the requirements of technological reforms which
conform to the state’s industrial policy, and for the processing machinery
imported to develop export-oriented agriculture and that are presently
impossible to obtain domestically.






PROTECTION OF RIGHTS AND INTERESTS OF WOMEN

Law of the People’s Republic of China on the Protection of Rights and Interests of Women

    

(ADOPTED AT THE FIFTH SESSION OF THE SEVENTH NATIONAL PEOPLE’S CONGRESS ON APRIL 3, 1992)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II POLITICAL RIGHTS

CHAPTER III RIGHTS AND INTERESTS RELATING TO CULTURE AND EDUCATION CHAPTER IV RIGHTS AND INTERESTS RELATING TO WORK

CHAPTER V RIGHTS AND INTERESTS RELATING TO PROPERTY

CHAPTER VI RIGHTS RELATING TO THE PERSON

CHAPTER VII RIGHTS AND INTERESTS RELATING TO MARRIAGE AND FAMILY CHAPTER VIII LEGAL RESPONSIBILITY

CHAPTER IX SUPPLEMENTARY PROVISIONS

   Article 1. In accordance with the Constitution and the actual conditions of the country, this Law is formulated to protect women’s
lawful rights and interests, promote the equality between men and women and allow full play to women’s role in
socialist modernization.

   Article 2. Women shall enjoy equal rights with men in all aspects of political, economic, cultural, social and family life.

The state shall protect the special rights and interests enjoyed by women according to law, and gradually perfect its
social security system with respect to women.

Discrimination against, maltreatment of, or cruel treatment in any manner causing injury even death of women shall be prohibited.

   Article 3. The protection of women’s lawful rights and interests is a common responsibility of the whole society. State
organs, public organizations, enterprises and institutions as well as urban and rural mass organizations of self-government
at the grass-roots level shall, in accordance with the provisions of this Law and other relevant laws, protect women’s
rights and interests.

The state shall take effective measures to provide necessary conditions for women to exercise their rights according
to law.

   Article 4. The State Council and the people’s governments of provinces, autonomous regions and municipalities directly
under the Central Government shall, by taking organizational measures, coordinate with relevant departments
in ensuring the protection of women’s rights and interests. The specific organs shall be designated by the
State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the
Central Government.

   Article 5. The All-China Women’s Federation and women’s federations at various levels shall represent and uphold the rights
of women of all nationalities and all walks of life, and strive for the protection of women’s rights and interests.

The trade unions and the Communist Youth League organizations shall also, within the scope of their respective work,
strive for the protection of women’s rights and interests.

   Article 6. The state shall encourage women to cultivate a sense of self-respect, self-confidence, self-reliance and self-strengthening,
and to safeguard their own lawful rights and interests by utilizing law. Women shall abide by the laws of the state,
respect social morality and perform their obligations prescribed by law.

   Article 7. People’s governments at various levels and relevant departments shall commend and award the organizations and individuals
that have made notable achievements in the protection of women’s lawful rights and interests.

CHAPTER II POLITICAL RIGHTS

   Article 8. The state shall guarantee that women enjoy equal political rights with men.

   Article 9. Women have the right to conduct state affairs, manage economic and cultural undertakings and administer social affairs
through various channels and in various ways.

   Article 10. Women shall enjoy the equal right, with men, to vote and to stand for election.

Among deputies to the National People’s Congress and local people’s congresses at various levels, there shall be
an appropriate number of women deputies, and the proportion thereof shall be raised gradually.

   Article 11. The state shall actively train and select female cadres.

State organs, public organizations, enterprises and institutions must, in appointing cadres, adhere to the principle
of equality between men and women, and attach importance to the training and selection of female cadres for leading posts.

The state shall pay attention to the training and selection of female cadres of minority nationalities.

   Article 12. Women’s federations at various levels and their member organizations may recommend female cadres to state organs,
public organizations, enterprises or institutions.

   Article 13. The departments concerned shall listen to and accept criticisms or rational suggestions regarding the protection
of women’s rights and interests; with respect to complaints or charges against, or exposures of infringement
upon women’s rights and interests, the departments concerned must ascertain the facts, and be responsible for
the disposition thereof; no organization or individual may suppress such complaints, charges or exposures or resort
to retaliation.

CHAPTER III RIGHTS AND INTERESTS RELATING TO CULTURE AND EDUCATION

   Article 14. The state shall guarantee that women enjoy equal rights with men with respect to culture and education.

   Article 15. Schools and departments concerned shall, by implementing the relevant regulations of the state, guarantee that women
enjoy equal rights with men in such aspects as starting school, entering a higher school, job assignment upon
graduation, conferment of academic degrees and dispatch for study abroad.

   Article 16. Schools shall, in line with the characteristics of female adolescents, take measures in respect of education, management
and facilities so as to ensure their sound development in body and in mind.

   Article 17. Parents or other guardians must perform their duty of ensuring that female school-age children or adolescents receive
the compulsory education.

Where parents or other guardians fail to send female school-age children or adolescents to school, the local people’s
governments shall admonish and criticize them and, by adopting effective measures, order them to send their female
school-age children or adolescents to school, with the exception of those who, on account of illness or
other special circumstances, are allowed by the local people’s governments not to go to school.

The governments, society and schools shall, in the light of the actual difficulties of female school-age children
or adolescents in schooling, take effective measures to ensure that female school-age children or adolescents
receive compulsory education for the number of years locally prescribed.

   Article 18. People’s governments at various levels shall, in accordance with relevant provisions, incorporate the work of
elimination of illiteracy or semi-literacy among women into plans for illiteracy elimination and post-elimination
education, adopt organizational forms and working methods suitable to women’s characteristics, and organize and supervise
the relevant departments in the implementation of such plans.

   Article 19. People’s governments at various levels and departments concerned shall take measures to organize women in receiving
vocational education and technological training.

   Article 20. State organs, public organizations, enterprises and institutions shall,by implementing relevant regulations
of the state, ensure that women enjoy equal rights with men in their participation in scientific, technological, literary,
artistic and other cultural activities.

CHAPTER IV RIGHTS AND INTERESTS RELATING TO WORK

   Article 21. The state shall guarantee that women enjoy the equal right, with men, to work.

   Article 22. With the exception of the special types of work or post unsuitable to women, no unit may, in employing staff and workers,
refuse to employ women by reason of sex or raise the employment standards for women.

Recruitment of female workers under the age of sixteen shall be prohibited.

   Article 23. Equal pay for equal work shall be applied to men and women alike.

Women shall be equal with men in the allotment of housing and enjoyment of welfare benefits.

   Article 24. In such aspects as promotion in post or in rank, evaluation and determination of professional and technological post_titles,
the principle of equality between men and women shall be upheld and discrimination against women shall not be allowed.

   Article 25. All units shall, in line with women’s characteristics and according to law, protect women’s safety and health
during their work or physical labour, and shall not assign them any work or physical labour not suitable to women.

Women shall be under special protection during menstrual period, pregnancy, obstetrical period and nursing period.

   Article 26. No unit may dismiss woman staff and workers or unilaterally terminate labour contracts with them by reason
of marriage, pregnancy, maternity leave or baby-nursing.

   Article 27. The state shall develop social insurance, social relief and medical and health services to create conditions
allowing old, ill or disabled women to obtain material assistance.

CHAPTER V RIGHTS AND INTERESTS RELATING TO PROPERTY

   Article 28. The state shall guarantee that women enjoy the equal right, with men, to property.

   Article 29. In joint property relationship derived from marriage or family, the rights and interests enjoyed by women according
to law may not be infringed upon.

   Article 30. Women shall enjoy equal rights with men in the allotment of responsibility farmland, or grain ration farmland and in the
approval of housing sites in rural areas, and women’s lawful rights thereto shall not be infringed upon. After marriage
or divorce, women’s responsibility farmland, grain ration farmland and housing sites shall be secured.

   Article 31. Women’s equal right, with men, of succession to property shall be protected by law. Among the statutory successors in the
same order, women shall not be discriminated against. Widowed women have the right to dispose of the property inherited
by them, and no one may interfere with the disposition thereof.

   Article 32. Widowed women who have made the predominant contributions in maintaining their parents-in-law shall be regarded
as the statutory successors first in order, and their rights of succession thereto shall not be affected by inheritance
in subrogation.

CHAPTER VI RIGHTS RELATING TO THE PERSON

   Article 33. The state shall guarantee that women enjoy equal rights with men relating to their persons.

   Article 34. Women’s freedom of the person shall be inviolable. Unlawful detention or deprivation or restriction of women’s
freedom of the person by other illegal means shall be prohibited; and unlawful body search of women shall be prohibited.

   Article 35. Women’s right of life and health shall be inviolable. Drowning, abandoning or cruel infanticide in any manner of
female babies shall be prohibited; discrimination against or maltreatment of women who gave birth to female babies
or women who are sterile shall be prohibited; cruel treatment causing injury even death of women by superstition
or violence shall be prohibited; maltreatment or abandonment of aged women shall be prohibited.

   Article 36. Abduction of and trafficking in, or kidnapping of women shall be prohibited; buying of women who are abducted and trafficked
in, or kidnapped shall be prohibited.

People’s governments and relevant departments must take timely measures to rescue women who are abducted and trafficked
in, or kidnapped. If such women have returned to their former places of residence, nobody may discriminate against
them, and the local people’s governments and relevant departments shall well settle the problems arising thereafter.

   Article 37. Prostitution or whoring shall be prohibited.

It is prohibited for anyone to organize, force, seduce, shelter or introduce a woman to engage in prostitution
or employ or shelter a woman to engage in obscene activities with others.

   Article 38. Women’s right of portrait shall be protected by law. The use of a woman’s portrait for profit-making purposes in advertisements,
trademarks, window display, books, magazines, etc., without the consent of the interested woman shall be prohibited.

   Article 39. Women’s right of reputation and personal dignity shall be protected by law. Damage to women’s reputation or personal dignity
by such means as insult, libel and giving publicity to private affairs shall be prohibited.

CHAPTER VII RIGHTS AND INTERESTS RELATING TO MARRIAGE AND FAMILY

   Article 40. The state shall guarantee that women enjoy equal rights with men in marriage and family.

   Article 41. The state shall protect women’s right of self-determination in marriage. Interference with women’s
freedom of marriage or divorce shall be prohibited.

   Article 42. When a wife terminates gestation as required by the family planning programme, her husband may not apply for a divorce
within six months after the operation; this restriction shall not apply in a case where the wife applies for a divorce,
or when the people’s court deems it necessary to accept the divorce application made by the husband.

   Article 43. A woman shall enjoy equal rights with her spouse in possessing, utilizing, profiting from and disposing of the property
jointly possessed by the husband and wife according to law, which shall not be affected by the status of income of
either party.

   Article 44. The state shall protect divorced women’s ownership of their houses.

At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly
possessed houses; if they fail to reach an agreement, the people’s court shall make a judgment in accordance
with the actual circumstances of both parties and by taking into consideration the rights and interests of the wife
and their child (children), except as otherwise agreed upon by the two parties.

In a case where the husband and wife jointly rent a house or a room, the wife’s housing shall, at the time of divorce,
be solved according to the principle of taking into consideration the rights and interests of the wife and their child (children).

In a case where the husband and wife live in a house allocated by the unit to which the husband belongs, if the wife has
no housing to live in at the time of divorce, the husband shall help her in this regard whenever he can afford to.

   Article 45. Both parents shall enjoy the equal right to guardianship of their minor child (children).

In a case where the father is deceased, incapacitated or under any other circumstances that make him unable to act as the
guardian of a minor child (children), nobody may interfere with the mother’s right of guardianship.

   Article 46. At the time of divorce, if the wife becomes sterile because of the sterilization operation or any other reasons, the
problem to bring up the child (children) shall be so handled that, while to the advantage of the rights and
interests of the child (children), due consideration shall be given to the wife’s reasonable demands.

   Article 47. Women have the right to child-bearing in accordance with relevant regulations of the state as well as the freedom
not to bear any child.

Where a couple of child-bearing age practise family planning according to the relevant regulations of the
state, the departments concerned shall provide safe and effective contraceptives and techniques, and ensure
the health and safety of the woman receiving any birth-control operation.

CHAPTER VIII LEGAL RESPONSIBILITY

   Article 48. When a woman’s lawful rights and interests are infringed upon, she has the right to request the competent department concerned
for a disposition or bring a lawsuit in a people’s court according to law.

When a woman’s lawful rights and interests are infringed upon, she may file a complaint with a women’s organization,
which shall request the relevant department or unit to investigate and deal with the case so as to protect the lawful
rights and interests of the complainant.

   Article 49. Where punishments are prescribed by other laws or regulations for the infringement upon the lawful rights and
interests of women in violation of the provisions of this Law, punishments prescribed in such laws or regulations shall
apply.

   Article 50. Anyone who commits any of the following infringements upon the lawful rights and interests of a woman shall
be ordered to make corrections by his or her unit or by an organ at a higher level, and the person who is held
directly responsible may, in light of the specific circumstances, be subjected to administrative sanctions:

(1) evading, delaying or suppressing the investigation and disposition of a complaint, a charge or an exposure
regarding an infringement upon the rights and interests of a woman;

(2) refusing to employ women or raising the employment standards for women where women shall be employed in accordance with
the provisions of relevant laws or regulations;

(3) infringing upon women’s rights and interests by violating the principle of equality between men and women in
such aspects as allotment of housing, promotion in post or in rank, evaluation and determination of professional and technological
post_titles;

(4) dismissing female staff and workers by reason of their marriage, pregnancy, maternity leave, or baby-nursing;

(5) infringing upon women’s rights and interests by violating the principle of equality between men and women in the
allotment of responsibility farmland or grain ration farmland or the approval of housing sites; or

(6) infringing upon women’s rights and interests by violating the principle of equality between men and women in
such aspects as starting school, entering a higher school, job assignment upon graduation, conferment of academic degrees
or dispatch for study abroad.

Anyone who retaliates against a person making a complaint, a charge or an exposure regarding an infringement upon a
woman’s rights and interests shall be ordered to make corrections or be subjected to administrative sanctions
by his or her unit or an organ at a higher level. If a state functionary commits retaliation, which constitutes a
crime, the offender shall be investigated for criminal responsibility in accordance with the provisions in Article 146
of the Criminal Law.

   Article 51. Anyone who employs or shelters any woman to engage in obscene activities with others shall be punished by applying
mutatis mutandis the provisions in Article 19 of the Regulations on Administrative Penalties for Public Security;
if the circumstances are so serious as to constitute a crime, the offender shall be investigated for criminal responsibility
by applying mutatis mutandis the provisions in Article 160 of the Criminal Law.

   Article 52. Where an infringement upon a woman’s lawful rights and interests causes loss of property or other damage, the infringer
shall make due compensation or bear other civil liabilities according to law.

CHAPTER IX SUPPLEMENTARY PROVISIONS

   Article 53. Relevant departments under the State Council may, on the basis of this Law, formulate relevant regulations, which shall be
submitted to the State Council for approval and then be implemented.

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

The people’s congresses of national autonomous areas may formulate regulations with appropriate adaptations or
supplements in accordance with the principles laid down in this Law and in light of the specific conditions
of the national women in respective areas. Regulations formulated by autonomous regions shall be submitted
to the Standing Committee of the National People’s Congress for the record; regulations formulated by autonomous
prefectures or autonomous counties shall be submitted to the standing committees of the people’s congresses
of the relevant provinces or autonomous regions for approval before entering into effect, and shall also be submitted
to the Standing Committee of the National People’s Congress for the record.

   Article 54. This Law shall enter into force as of October 1, 1992.

    






THE MEASURES FOR THE ADMINISTRATION ON GOODS, CONVEYANCES, LUGGAGE AND POSTAL ARTICLES ENTERING AND LEAVING THE SHANGHAI PUDONG NEW AREA OF THE PEOPLE’S REPUBLIC OF CHINA

the General Administration of Customs

Order of the General Administration of Customs of the People’s Republic of China

No. 37

The Measures for the Administration on Goods, Conveyances, Luggage and Postal Articles Entering and Leaving the Shanghai Pudong New
Area of the People’s Republic of China are promulgated here, and shall come into force as of November 1, 1992.

Dai Jie, the Director

October 7, 1992

The Measures for the Administration on Goods, Conveyances, Luggage and Postal Articles Entering and Leaving the Shanghai Pudong New
Area of the People’s Republic of China

Chapter I General Provisions

Article 1

For the purpose of promoting the exploitation and development of Shanghai Pudong New Area, safeguarding national sovereignty and interests
and strengthening the supervision and control of the Customs, the present Measures are formulated according to the Customs Law of
the People’s Republic of China and other relevant laws and regulations.

Article 2

The present Measures shall apply to the Shanghai Pudong New Area (hereinafter referred to as the New Area) which was established upon
the authorization of the State. The Customs shall set up offices in the New Area to perform its functions.

Article 3

All enterprises and institutions in the New Area may go through the Custom formalities after they have registered with the Customs
for records upon the strength of the approval documents obtained from the competent departments in charge together with their business
licences (for enterprise use only) issued by the Administration of Industry and Commerce and other relevant documents.

Article 4

For the goods, luggage, postal articles and conveyances entering or leaving the New Area, the consignors, consignees or their agents
and the persons in charge of the conveyances shall declare truthfully to the Customs and shall be subject to supervision and control
by the Customs.

Article 5

The duty-free and duty-reduced goods and articles imported by enterprises, institutions and administrative organs in the New Area
shall be used only in the New Area. Without permission of the Customs, such goods and articles shall not be transported out of the
New Area.

Article 6

The enterprises in the New Area shall, according to relevant laws and regulations of the State, set up accounting items, account books
and statistical tables and reports, which meet the requirements for Customs checking. In addition, they shall submit periodically
to Customs for inspection their statements on the use, sale and storage of their imported and exported goods.

When necessary, the Customs may assign Customs officers in the New Area to exercise supervision and control, while the enterprises
concerned shall freely provide the Customs officers with office places and necessary facilities.

Chapter II Tariff Preference for Import and Export Goods

Article 7

Customs duties and consolidated industrial and commercial taxes (product taxes or value added taxes) on the goods imported by enterprises,
institutions and administrative organs in the New Area for use therein shall be assessed in accordance with the following provisions:

(1)

Machine, equipments and other construction materials imported for basic construction in the New Area shall be exempted from import
duties and taxes.

(2)

Building materials and equipments, fuel for production and vehicles for production and transportation of reasonable quantity, office
supplies as well as the spare parts for the machine, equipments and vehicles mentioned above, which are imported therein by enterprises
in the New Area for self use, shall be exempted from import duties and taxes.

(3)

Building materials, vehicles, office supplies, management equipments imported in reasonable quantity by the institutions and administrative
organs in the New Area for self use shall be handled in light of clause 2 of this Article.

(4)

Raw materials, parts, components and packing materials imported into the New Area for manufacturing export goods shall be exempted
from duties and taxes.

(5)

Seeds, plants, breeder, fodder and medication for the protection of plants and animals necessary to be imported to promote export
products manufactured by the plant-culture and aquaculture industries shall be exempted from import duties and taxes.

(6)

Food and condiments, which need going through the process of cooking and processing and are imported by tourist and restaurant business
in the New Area, shall be exempted from import-duties and taxes.

(7)

The goods not included in those listed in the above six clauses of this article shall be subject to import duties and taxes according
to regulations, when imported by enterprises and administrative organs in the New Area.

Article 8

Products manufactured for export by enterprises in the New Area shall be exempted from export duties.

Where any product processed for export in the New Area with materials or semi-finished products from outside of the New Area should
be subject to export duties, and its values increased over 20% after substantive processing, it may be deemed as products manufactured
in the New Area and be exempted from Customs duties, with the recognition and approval by the Customs.

Article 9

Finished products, which are purchased by the administrative organs, enterprises and institutions upon the approval by the Customs
and are made from imported duty-free materials, parts and components, shall be treated accordingly either by exempting them from
duties and taxes or making them to supplement the duties and taxes exempted according to Article 7 of the present Measures.

Chapter III Supervision and Control over Imported and Exported Goods

Article 10

As for the goods imported into and exported from the New Area, the consignors, consignees or their agents shall fill in the Import
and Export Declaration Forms, declare the truth information to the Customs and hand in for inspection their import and export licenses
and other relevant certificates as required by the relevant regulations prescribed by the State. The Customs shall conduct supervision
and control over the foresaid goods according to Laws and compile Customs statistics tables thereof. In case such goods are imported
or exported through ports outside the New Area, they shall be handled in accordance with the Measures for Supervision and Control
over Customs Transit Goods.

Article 11

Enterprises in the New Area, when importing duty-bond materials, parts and components, shall register with the Customs for a record
upon the strength of the processing contracts and the approval documents obtained from the competent departments. The Customs, after
examining such documents and contracts, shall issue to the applying enterprises registration handbooks. Where the foresaid materials,
parts and components are processed and assembled outside the New Area, the enterprise concerned shall, after examination and approval
by the Customs, go through the registration procedures with the Customs upon the strength of its registration handbooks. The products
after processing shall be transported back to the New Area in light of the time limit specified in the contract, and the enterprises
concerned shall go through the write-off formalities with the Customs by submitting to the Customs its registration handbooks within
one month after the performance of the contract.

Article 12

Finished products processed and assembled with duty-bond imported materials, parts and components shall be re-exported. When these
goods are to be sold on domestic markets upon the approval of the competent departments, the enterprises concerned shall go through
the import formalities at the Custom office which will collect import duties upon the materials, parts and components as repayment
of the duties exempted. If the owners or agents of the goods cannot declare clearly the names, quantity and value of the imported
materials, parts and components mentioned above, customs duties shall be collected on the basis of the finished products concerned.

Article 13

When imported duty-free or duty-reduced goods in the New Area need to be transferred, exchanged or used for other purposes, approval
from the Customs must be obtained in advance and relevant Customs formalities be finished.

Article 14

Bonded warehouse in the New Area for storing duty-bond goods shall be handled according to the Measures of the Customs of the People’s
Republic of China for Supervision and Control Over Duty-bond Warehouses and the Goods in Storage.

Chapter IV Supervision and Control over the Conveyances, Luggage and Postal Articles Entering and Leaving the New Area

Article 15

When the conveyances that enter or leave the New Area arrive at or depart from the New Area, the persons in charge or their agents
shall declare truthfully to the Customs and be subject to Customs supervision and inspection.

Article 16

Luggage carried into or out of the New Area by individuals and postal articles entering or leaving the New Area shall be treated separately
according to the Measures of the Customs of the People’s Republic of China for Supervision and Control over Inward and Outward Postal
Articles.

Article 17

Persons from abroad, who needs to import household necessities (not including motor cars) and resides permanently in the New Area,
may apply to the Customs for permission. If the application is examined and approved by the Customs, such imported articles shall
be exempted from import duties and released after examination provided that they are for personal use only and in reasonable quantity.

Chapter V Supplementary Provisions

Article 18

Any action, which violates the present Measures and constitutes an offense of smuggling or violates the Customs regulations concerning
Customs supervision and control, shall be dealt with according to the Customs Law of the People’s Republic of China and the Detailed
Rules of the Customs of the People’s Republic of China for the Implementation of Administrative Penalty.

Article 19

Any other matter not specifically covered by the present Measures shall be handled according to the relevant Customs laws and regulations.

Article 20

The Customs shall exercise supervision and control on the Waigaoqiao Bonded Zone of the New Area in accordance with the Measures of
the Customs of the People’s Republic of China for the Control over the Goods, Conveyances and Personal Article Entering and Leaving
the Shanghai Waigaoqiao Bonded Zone.

Article 21

The interpretation of the present Measures shall remain with the General Administration of the Customs.

Article 22

The present Measures shall come into force as of November 1, 1992.



 
the General Administration of Customs
1992-10-07

 







SUPPLEMENTARY PROVISIONS TO MEASURES OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE FOR THE IMPLEMENTATION OF EXAMINATION AND CONFIRMATION OF PRODUCTS EXPORT ENTERPRISES AND TECHNOLOGICALLY-ADVANCED ENTERPRISES WITH FOREIGN INVESTMENT

e0242319961203

The Ministry of Foreign Economic Relations and Trade

Supplementary Provisions to Measures of the Ministry of Foreign Economic Relations and Trade for the Implementation of Examination
and Confirmation of Products Export Enterprises and Technologically-advanced Enterprises with Foreign Investment

the Ministry of Foreign Economic Relations and Trade

March 2, 1992

To improve the system of examination and confirmation of the two types of enterprises, the Ministry of Foreign Economic Relations
and Trade (MOFERT) hereby promulgates the following supplements for its “Measures for the Implementation of Examination and Confirmation
of Products Export Enterprises and Technologically-Advanced Enterprises with Foreign Investment” promulgated on January 27, 1987.

Article 1

Any enterprise with foreign investment which applies to be confirmed as an export-oriented enterprise or a technologically-advanced
enterprise (hereinafter referred to as two-type enterprises) shall be an enterprise turning out tangible products with the exception
of circumstances provided for in Paragraph 2 of Article 5 of these supplements.

Article 2

Organs for examining and confirming the two-type enterprises (EC organs) shall be MOFERT and foreign economic relations and trade
departments of provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed
on the State plan and special economic zones (hereinafter referred to as provincial-level EC organs). MOFERT may entrust in writing
provincial-level EC organs to examine two-type enterprises approved and confirmed by MOFERT. MOFERT shall examine two-type enterprises
set up by organizations under ministries, commissions and bureaus of the State Council, or MOFERT may entrust in writing such ministries,
commissions and bureaus to do the job.

If provincial-level EC organs need to entrust examination/ confirmation work of export-oriented enterprises to foreign economic relations
and trade departments of a lower level because of excessive EC work load, they shall obtain prior MOFERT approval.

Article 3

After registering at administrations of industry and commerce and obtaining business licenses, enterprises with foreign investment
can apply to EC organs for confirmation of their two-type-enterprise status. Such organs shall do their job by examining documents
such as the contracts of Chinese-foreign joint or contractual ventures, application forms of foreign-capital enterprises and reports
of feasibility studies, or by examining the exports, adoption of advanced technologies and contract fulfillment of the enterprises
in question.

Article 4

Examination of export-oriented enterprises.

1)

Any enterprises with foreign investment confirmed as export-oriented shall apply to an EC organ for examination within 90 days of
the termination of its first complete calendar year of operation; and, from then on, it shall, before the end of March every year,
submit to its EC organ a report of its exports of the previous year and an annual report of its balance of payments in foreign exchange
(forex).

2)

A favorable balance of payments in forex of a calendar year refers to greater forex earnings than expenditures within the same year,
excluding the amount carried over from the previous year.

3)

For a product, the value of exports shall be calculated according to the actual producer’s price of the time; when there is not a
home-sale price to compare with, the value of its exports shall be calculated as the RMB value of forex earnings of the exports converted
according to the forex-buying rate of the day of the receipt of forex at the local forex-swap center.

For processing with overseas-supplied materials, export goods purchased by foreign-trade firms and export goods processed by enterprises
on behalf of such firms, their export value shall be calculated with the following methods: for processing with overseas-supplied
materials, export value shall be limited to processing fees; for the other two kinds of export goods handled by foreign-trade firms,
their export value shall be calculated according to producer’s prices and be limited to processing fees respectively. The value of
products sold on the home market for forex shall not be included in the export value of the enterprise in question.

The above provisions are applicable to calculating the export value of export-oriented enterprises. The existing system of statistical
compilation remains unchanged with regard to its scope and definition for statistical compilation of the exports of enterprises with
foreign investment.

4)

Examination of export-oriented enterprises shall be conducted once every year by EC organs in collaboration with finance, taxation,
forex control and customs departments of the government at the same level.

Article 5

Confirmation and examination of technologically-advanced enterprises (TAEs).

1)

TAEs shall meet the following requirements:

A.

They shall generally engage in business lines or projects where foreign investment is encouraged by the State;

B.

They shall use internationally advanced and suitable technology and equipment and turn out products which are deemed as newly-developed
in China or are indeed superior in terms of quality and technology compared with identical or similar home-made products;

C.

They shall generally have signed agreements on technology transfers or special articles on technology transfers in their joint venturing
or cooperation agreements; such agreements or articles shall stipulate details on technology transfers, steps for the transfer of
technology and product standards, time limits for the attainment of technology and product standards, and production localization
progress for parts and components; Processing enterprises which are limited to importing equipment which is superior to home-made
machinery in function and efficiency or those which are engaged mainly in assembling supplied parts shall not be confirmed as TAEs.

2)

High-tech and new-tech enterprises engaged in developing authentic advanced technologies may apply for TAE status confirmation even
though they do not turn out tangible products.

3)

Examination and confirmation of TAEs shall be done by industrial departments in charge or science and technology departments organized
by EC organs; or it shall be done by such organs on the basis of prior appraisal by specialists organized by departments in charge.

4)

A enterprise with foreign investment with a TAE status shall apply to an EC organ for examination within 90 days of the termination
of its first complete calendar year of operation. An applying enterprise with foreign investment shall submit to an EC organ a detailed
report on its production, sales, technology transfers, product quality and the progress of production localization.

5)

TAEs, after being confirmed as such, will not generally be submit to annual examination unless otherwise stipulated by their EC organs.

Article 6

Apart from stipulated content, examination of two-type enterprises shall cover how well investors of an enterprise fulfil the terms
of their contract. An enterprise shall fail to qualify as a TAE if it or its investors have seriously violated or failed to fulfil
the contract in question, thus failing to carry out obligations contained in their investment application.

Article 7

For enterprises which apply for confirmation as two-type enterprises after they have gone into operation, examination can proceed
simultaneously with confirmation.

Article 8

Enterprises which fail examinations for three consecutive years shall be deprived of their two-type-enterprise status.

Article 9

EC organs shall send a list of two-type enterprises which have passed or failed to pass annual examinations to banks as well as the
finance, taxation, customs and land-management departments of the government at the same level before May 31 every year.

Article 10

Provincial-level EC organs shall submit a list of confirmed two-type enterprises of the previous year to MOFERT for the record before
January 31 every year. They shall submit the result of examinations of two-type enterprises of the previous year to MOFERT for the
record before May 31 every year. They shall also submit to MOFERT a list of enterprises which have failed examinations for three
consecutive years and are deprived of their two-type-enterprise status.

Article 11

These Provisions shall apply wherever they are contravened by stipulations of the “Measures for the Implementation of Examination
and Confirmation of Products Export Enterprises and Technologically Advanced Enterprises with Foreign Investment.”



 
The Ministry of Foreign Economic Relations and Trade
1992-03-02

 







OFFICIAL REPLY OF THE STATE COUNCIL CONCERNING THE REQUEST SUBMITTED BY SHENZHEN CITY FOR EXPANDING THE SCOPE OF THE SPECIAL ZONE AND CHANGING THE REGIME OF BAOAN COUNTY

Category  SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-08-11 Effective Date  1992-08-11  


Official Reply of the State Council Concerning the Request Submitted by Shenzhen City for Expanding the Scope of the Special Zone
and Changing the Regime of Baoan County

(August 11, 1992)

    People’s Government of Guangdong Province:

    The Report Submitted by Shenzhen City on Expanding the Scope of the
Special Zone and Changing the Regime of Baoan County, transmitted by your
Province on July 2, 1992, has been received. After studies, an official reply
is hereby made as follows:

    1. We have agreed to abolish the establishment of Baoan County and to
divide it into two districts under the jurisdiction of Shenzhen City. The
detailed procedure shall be handled by the Ministry of Civil Affairs as
required.

    2. With regard to the expansion of the scope of the Shenzhen Special
Economic Zone. At present, Shenzhen City shall mainly take advantage of
various preferential policies which have been granted by the State to the
Special Economic Zone, extend the introduction of advanced technology and
promote the adjustment of the structure of industries and the structure of
products, in order to take the economic development in the existing Special
Zone to a higher level. No consideration should be given now to the
incorporation of Baoan County into the Special Economic Zone. Projects with
foreign investment to be sponsored by Shenzhen City within the existing Baoan
County may, if they conform to the State industrial policies, enjoy the same
preferential policies as enterprises with foreign investment in the Special
Economic Zone, subject to the approval of the competent department under the
State Council.






CIRCULAR OF THE STATE COUNCIL ON TRANSMISSION OF THE STATE MEDIUM- AND LONG-TERM PROGRAMME ON SCIENCE AND TECHNOLOGY DEVELOPMENT

Category  SCIENCE AND TECHNOLOGY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-03-08 Effective Date  1992-03-08  


Circular of the State Council on Transmission of the State Medium- and Long-term Programme on Science and Technology Development


THE STATE MEDIUM- AND LONG-TERM PROGRAMME ON SCIENCE AND TECHNOLOGY
I. Situation And Choice
II. Strategies and Guiding Principles
III. Focal Development Areas
IV. Deepening Reform and Establishing a New System for the Benefit of
V. Adhering to Opening up, Vigorously Promoting International Cooperation
VI. Policy and Measure

(March 8, 1992)

    The State Medium- and Long-term Programme on Science and Technology
Development has been examined and approved by the 94th Executive Meeting of
the State Council and is hereby transmitted to you for its implementation.

    The Medium- and Long-term Outlines on Science and Technology Development
and the Ten-Year Programme and Eighth Five-Year Plan of the People’s
Republic of China on Science and Technology Development has been agreed to
in principle by the State Council and will be circulated separately by the
State Science and Technology Commission.

THE STATE MEDIUM- AND LONG-TERM PROGRAMME ON SCIENCE AND TECHNOLOGY
DEVELOPMENT

    As the human society is greeting a new century, the world is undergoing
tremendous changes. The revolution of new science and technology is
developing swiftly and violently. Market competition is more and more
intense. The international political wind and cloud is in an unpredictable
situation. Our country and nation is faced with urgent and serious
challenges. With a view to realizing the second-stage strategic objectives
by the year 2000 and further making our country among moderately-developed
states by the middle of the next century, we should persist in the four basic
principles, continue reform and opening up and speed up economic and social
development depending on progress in science and technology. That is a great
and hard task, which concerns the future of our country and the fortune of
socialism.

    The present Programme is formulated according to the Decision of the 13th
National Congress of Representatives of the Communist Party of China (CPC) and
gists of successive CPC Central Plenary Sessions ever since the 13th
Congress. The purpose of the Programme is to precisely stipulate strategies,
guidelines, policies and key areas regarding medium and long term development
of natural sciences and technologies in our country and to direct
coordinative development of science and technology on one hand and economy
and society on the other hand by the year 2000 even throughout 2020.
I. Situation And Choice

    1. Science and technology is the first productive force and renders the
greatest revolutionary impetus to economic-social development. Under the
superior socialist system the progress of science and technology and
improvement of management will play a decisive role in our country’s
modernization. To bring economic construction onto the approach of depending
more on science and technology advance and labour quality improvement will
inevitably ensure successive realization of the second-stage strategic
objectives of our country and lay a solid foundation for achievement of the
third-stage strategic objectives. In accordance with the three-stage
strategy of the national economic construction and in the light of the
tendency and trends of international science and technology development, it
is an important historic task to make an overall arrangement for development
of science and technology over the coming 10 to 30 years.

    2. Over the last forty years, our country has made remarkable
achievements in science and technology which attract world attention. Right
now the whole country has a scientific and technological contingent of
10,900,000 people, among which 1,050,000 people are engaged in
development-oriented research. Independent research and development
institutions have numbered over 5,000 and another more than 7,000
research-based development institutions are affiliated to enterprises. A
relatively complete science and technology research system has been
established, and a series of important world-recognized scientific and
technologic achievements have been fulfilled. Our country has mainly depended
upon our own talents in solution of a large number of important scientific
and technologic problems in economic and national defence construction and in
social development. Especially over the last ten years of reform and opening
up when our country has readjusted science and technology development policy,
significant breakthroughs have been made in reform of science and technology
institutional system, organization of tackling key problems, expansion of
technologic achievements, promotion of scientific and technological progress
in countryside, facilitation of development of hi-tech industries and
strengthening of international scientific and technological cooperation and
exchange.

    3. Over the last forty years of scientific and technologic development
we have accumulated rich experiences while we also have a lot of lessons to
draw.

    Our main experiences are as follows: Firstly, scientific and
technological work must persist in being subject to the party’s leadership
and socialist approach. Secondly, we must persist in reform and opening up.
While planned management should be perfected the role of the market in
readjustment must be brought into play so that the transfer
of scientific and technological achievements into production could be
facilitated and combination of science and technology with economy could be
promoted. On the basis of self-reliance, advanced foreign experiences and
achievements in science and technology must be learned from in an active
manner so that development of science and technology could be accelerated.
Thirdly, under the unified leadership of the state, personnel and material
resources should be concentrated to organize attacking key problems and
fulfilling important research tasks that are significant to national
economic development and social progress. Fourthly, while the role of mainstay
of scientific and technological contingents should be brought into full play,
attention should also be paid to combination of the research work of expertise
with technological reform of the mass, integration of leading officials with
the skilled personnel, the workers and farmers so that efforts could be joined
to promote application of scientific and technological achievements and
dissemination of scientific and technological knowledge and to improve
scientific and cultural quality of all nationalities of the people.

    Our major lessons are as follows: Firstly, in both guiding ideology
and actual work of social development, we failed to continuously and
consistently place scientific and technological development at the important
strategic position. Secondly, economic development lacks the support of a
mechanism and internal motive by which scientific and technological progress
is depended upon. Scientific and technological development is short of
vitality arisen from economic development orientation. Large amount of
technological achievements failed to be transformed into productive capacity.
Consequently science and technology is divorced to certain extent from
economic and social development and potentials of science and technology have
not been given full play. Thirdly, scientific and technological work suffers
shortage of overall arrangement, rational division of work and prevalence of
low-level repetition. Often times state circumstances were neglected,
unpractical goals were blindly pursued in expectation of immediate
achievement. Fourthly, important error took place in terms of policy of
intellectuals to the consequence of seriously damaging intellectuals’
enthusiasm and creativity and effecting healthy development of scientific
and technological contingents. The social atmosphere has not been nurtured
in which knowledge and talents are respected.

    4. Scientific and technological work shall be oriented to modernization,
to the world and to the future. The revolution of new sciences and
technologies in modern world has been so vigorously developing that science
and technology has unprecedentedly and extensively penetrated into all fields
of human society. As a consequence, social productivity has been brought to a
great leap forward and in-depth change has happened in the global structure.
Economic and social development in all countries more and more depends upon
progress of science and technology. Combination and overlap occur between
basic researches, pragmatic researches and technological development. The
duration of the transform of technological achievements into commodity
production has become shorter and shorter. Science, technology, education
and production have become more and more closely connected.

    In prospect for the scientific and technological development worldwide
in the forthcoming 10 to 30 years, a series of newly developed sciences and
technologies will undergo breakthrough and new productive technologies and
new conception of natural phenomena will exert in-depth influence upon
development of human society. Development of hi-and-new-tech will further
change the present industrial structure and become an important factor in
the competition of global economy. Economic development and scientific and
technological progress in the world tends to be globalized and competition
in sciences and technologies all the more becomes a decisive factor in
international economic competition. At the same time the human society have
to strengthen international cooperation to solve such global problems as
population, environment, resources and calamity. No country can realize
modernization in a closed-up state.

    5. Science and technology shall be developed in the light of circumstances
of our country. Our country has a large population, poor in resources,
backward in social productivity with 80% of its population living in the
countryside. It will remain in a preliminary stage of socialism for a long
time to come. Economic and social development in our country is restrained by
factors of population, resources and environment, etc.. The population has
recorded over 1.1 billion and is expected to amount to 1.5 billion in the
2020s even the growth rate is brought under strict control. Although the
general volume of majority of resources reserve available in our country is
quite large but per capita distribution of resources is relatively inadequate.
Per capita arable land in our country is only one third of the average level
of the world as a whole while for drinking water that figure is one fourth,
for forest, one fifth and for energy resource only one half. Environment
pollution and ecological degradation have imposed serious threat to
economic and social development.

    Over a long period of time in the past we have developed our economy by
consuming a large amount of resources. A big number of industries were run
with backward technology and poor management, resulting in poor quality of
products and low economic efficiency. Our country is among the states with
highest energy consumption per product unit and productive efficiency of
social labour is equivalent to only 5% of that in advanced countries. The
disparity is basically a kind of difference in level of science and
technology, in education and in management. If we still remain in short of a
sense of urgency and emergency and don’t try to catch up, the disparity
will be broadened and our country will have the danger of failure to achieve
objectives of our socialist modernization and we will not have the position
in the world that we should have.

    6. To realize modernization of science and technology is critical for
realization of economic modernization and remarkable increase of productive
efficiency. We should bring science and technology into maximum play in the
role as the first productive force. We should show respect to knowledge, to
talents and conscientiously transfer economic construction approach to more
reliance upon scientific and technological progress and improvement of
labour quality. This important decision suggests a historic change in
development strategy regarding science, technology, economy and the society
in our country and is most significant to realization of objectives
scheduled for the present century and through to the middle of the next
century.

    Looking into the future, we should have a clear-headed awareness of the
serious situation while we should all the more be conscious of our
advantages and meet those challenges with full confidence. By now our
country has owned relatively strong scientific and technological power and
has achieved a lot of successful experiences. More significantly the ten
years of reform and opening up has vitalized the development of both
economy and science and technology. So long as we conscientiously carry
out the basic guidelines of the party, give full play to the role of
science and technology as the first productive force, rouse ourselves up and
unite in struggle, we will surely be able to accelerate development of
social productivity, shake off poverty and backwardness, realize the
ambitious objectives of modernization and make socialism fully demonstrate
its superiority.
II. Strategies and Guiding Principles

    7. The basic strategy on scientific and technological development in our
country includes strengthening scientific and technological awareness of the
whole nation, improving quality of the labour, mobilizing and attracting
majority of the scientific and technological contingents to devote themselves
to the key battle for national economic construction, emphasizing
technological innovations, strenuously absorbing and utilizing advanced and
applicable technologies in the world and speeding up technological
innovations in all fields of the national economy. Over a long period of time
in the future development of science and technology should be mainly oriented
to large-scaled industrial technology construction and equipment modernization
while at the same time hi-tech and new technologies and industries based
thereupon should be developed in a planned and programmed manner, basic
researches should be strengthened steadily and scientific reserves should
also be reinforced.

    8. Strategic objectives of scientific and technological development in
our country must be based on the general objectives and arrangements for
national economic and social development. Modern sciences and technologies
must be applied to serve the purpose of reinforcing overall national
strength and improving people’s living standards with the focus of helping
solve problems arising from large-scaled modernized production of commodities
in both industry and agriculture, effectively control and alleviate pressures
of population, resources and environment. In several scientific and
technological fields where our country has advantages, we must be bold in
making innovations, maintain the tendency of development and continue to
hold certain position upon the advanced-list of the world. Breakthroughs
must be made in key fields of high and new technologies and basic researches
so that the advanced level of the world could be caught up with and some high
and new technology based industries that have international competitive power
could be established. By the year 2000 major industries of our country should
have their technological level caught up with that of the economically
developed countries in the 1970s or in the early years of 1980s. By the year
2020 they should have equivalent technological level with that of those
countries at the beginning of the 21st century so that the gap with the
advanced level could be further narrowed as a whole.

    As regards development of agricultural sciences and technologies, the
relationship between application expansion and research development must be
dealt with properly. Applicable and supplementary advanced technologies
should be spread. Service systems for the commodity economy which take
science and technology as pillar should be developed actively. Technological
level of agriculture should be heightened. Productive structure, commodity
structure and employment structure in agriculture should be readjusted in
an appropriate manner. At the same time agricultural scientific and
technological work should be strengthened substantially and relevant
disposition in depth should be properly arranged for so that strength could
be reserved for future development of agriculture. The projects of “Spark”,
“Bumper Harvest” and “Prairie Fire”, which are intended for agricultural
economic development, should continue to be implemented.

    Development of industrial science and technology should be focused on
rise of economic efficiency. Enterprises, especially large and medium-sized
enterprises, should attach great value to scientific and technological
progress. All industrial departments should emphasize utilization of modern
sciences and technologies, modern management technologies, particularly
electronic information technology to conduct technological innovations.
Technological level of machinery equipment should also be raised. Energy
should be saved, resource consumption should be cut down, quality should be
improved, variety of products should be developed, work efficiency and
competitive capacity of products should be improved, industrial structure
and product structure should be optimized so that our economy could change
from a situation of high consumption and low efficiency to that of low
consumption but high efficiency.

    With the view of creating a favourable natural and social environment for
our people, research and development of sciences and technologies concerning
social progress should be strengthened, particularly those sciences and
technologies in respect to population, medicine and hygiene, social services,
public infrastructure, environmental and biological protection, calamity
forecasting and prevention, etc..

    Development of high and new technologies should keep on with the
principle of “Restraining Objectives and Emphasizing Key Projects”. The state
should support those high and new technological researches as key areas that
could probably make significant breakthroughs and have promising future of
application. The state should substantially render aid and support to
development of high-and-new-technology-based industries. The state should
actively create conditions and conscientiously manage high-and-new-technology
development zones in a proper manner. International cooperation in and market
expansion of high and new technologies should be accelerated. Import and
export of high and new technologies should be enlarged so that international
resources can be utilized and new-and-high-technology-based industries in our
country can be directed to the approach of globalization. Projects of high
and new technology research and development such as “Attacking Hard-core
Programme”, “863 Programme” and “Torch Programme” should be actively promoted
so that breakthroughs can be made in some fields and commercialization,
industrialization and internationalization of high and new technologies can be
accelerated.

    Basic researches should comply with rule of scientific development
itself. Survey and tracking of several scientific frontiers should be
strengthened so that we could strive to be listed in the advanced
international ranks. Pragmatic basic researches should be targeted at
solutions to important scientific and technological problems related to
economic and social development. A selected and highly capable troop should
be maintained for basic and pragmatic basic researches and should win steady
support from the state. China Academy of Sciences and high education
colleges should be brought into full play and coordination and cooperation
between the two should be strengthened so as to be in the benefit of
education of talents and maintenance of vitality.

    Development of science and technology in the field of national defence
should comply with the principles of shortening battle line, focusing on key
projects, strengthening scientific and technological work and making
innovations step by step. Attention should be paid to research and
development of high technologies that are essential to improving performance
of important conventional weapons and developing new military capacity in the
future and of technologies that will lay a foundation for further development
of sciences and technologies in national defence. Highly sophisticated
technologies in national defence should be developed continuously and the
momentum of their progress should be maintained. Promotion of technological
modernization of weapons and military equipment should continue with a view
to achieving remarkable advance in hi-tech based conventional weapons,
maintaining the effectiveness of the capacity of nuclear deterrence for
self-defence, shortening the gap with advanced levels in the world, catching
up with the world advanced standards in some fields. Science and technology
in national defence of our country could then occupy certain position in the
kingdom of most advanced sciences and technologies in the world.

    9. The basic principle should be adhered to that “economic construction
must rely upon science and technology; scientific and technological work must
be oriented to economic construction”. The progress of science and technology
must be coordinated with the economic and social development. While this
basic principle is observed and carried out the following guiding principles
that have long-term implications should also be complied with and
implemented consciously:

    — The ideology that science and technology is the first productive
force should be observed conscientiously. Awareness of the importance of
science and technology should be disseminated among the whole party and all
the people so that the social atmosphere could be created in which knowledge
and talents are respected. Governments at different levels should
effectively strengthen leadership over scientific and technological work,
give full play to the role of scientific and technological personnel,
improve scientificness, democratization and institutionalization of
decision-making and create environment and conditions in favour of scientific
and technological development.

    — Reform and opening up should be adhered to. Science and technology
should be developed in the environment of reform and opening up. Reform of
scientific and technological system shall be coordinated with the reform of
economic system and political system. While the competitive mechanism and the
role of market should be brought into further play, governments should
strengthen their macro-control function and necessary collective management
measures and conduct intervention and coordination through policy-making,
legislative, administrative and economic means.

    — The principle of combining self-reliance, self-development and
introduction of technologies must be adhered to. Introduction, absorption
and innovation of advanced foreign technologies should be adopted as
an important approach to accelerated development of sciences and
technologies in our country.

    — The principle of “letting a hundred flowers blossom and letting a
hundred schools contend” must be adhered to. Socialist democracy should be
made full use of. Academic freedom should be safeguarded. Survey and
innovation must be encouraged.

    — The principle of combining popularization with the raising of
standards should be adhered to. While both comprehensive and in-depth
arrangements for scientific and technological development are made, the
mass technological innovations should be actively encouraged. Scientific
knowledge should be strenuously popularized and scientific awareness of
the workers should be improved continuously. A long-term struggle should
be conducted against ignorance and superstition.
III. Focal Development Areas

    10. Agricultural sciences and technologies. Agriculture is the foundation
of national economy. Sustained agricultural development is a decisive factor
for long stability and coordinated development of national economy and
concerns the overall situation of construction, reform and social stability.
As population increases year after year, arable land decreases continuously,
agricultural resources are severely deficient and biological environment
deteriorates continuously, extensive approach to agriculture will have no
way out.

    Therefore the principle of agricultural prosperity relying upon science
and technology must be adhered to. Science, technology and modern industry
should be taken for strong pillars. A modernized technological system
must be established for agricultural production. Ratio of land
utilization, productivity of labour and commercialization rate of
commodities should be raised remarkably so that traditional agriculture
could be transformed to modern intensive agriculture which is based on
modern science and technology.

    Focal areas of agricultural science and technology include the following:

    — Arable land available should be effectively protected and utilized to
the full. The total state land resources, particularly large pieces of
moderate and low harvest fields, should be brought under planned
transformation. Drought and semi-drought enduring agricultural technologies,
water saving and irrigating technologies should be strenuously developed.
The potentials of hilly land, grass land, water surface and large pieces of
beach should be developed and tapped. Water conservancy should be conducted.
Erosion of water and soil should be prevented from. Biological environment
should be protected. A reasonable compound biological system covering
farming, forestry, animal husbandry, sideline production and fishery should
be established.

    — More food sources should be developed. New protein resources and
mixed fodder should be developed. Multiple foodstuff producing and processing
technologies should be developed. All kinds of animal and plant resources
should be utilized comprehensively in order that food structure of citizens
in both cities and countryside could be improved.

    — Hybrid vigor and genetic engineering technologies should be utilized
for breeding of new varieties of plants and animals that are highly
productive, fine in quality and highly preventive. Farming skills and
husbandry technologies for, say, application of comprehensive and compound
fertilizer and water-saving irrigation should be studied and developed
intensively so that quantity and quality of agricultural products could be
raised substantially.

    — Agriculture and township enterprises should be equipped with
up-to-date industrial technologies. Technologies for preserving, keeping
fresh, processing, packing and comprehensive utilizing of agricultural
products should be developed in order that agricultural industrialization and
management could be facilitated and surplus labour in agriculture could be
transformed to a commodity economy in the countryside.

    11. Industrial sciences and technologies. Industry is a dominant
department in national economy. The technological level, productive capacity
and economic efficiency of industry in our country dominate the whole
economic development. Our country has established a preliminary industrial
system with relatively complete departments. But generally speaking the
backward situation of industrial technologies remains unchanged in basic
terms. It is observed that equipment, technologies and management skills
are so backward, designs are so out of date and the level of mechanization
and automatization is so low that performance and quality of products are
poor, energy and material consumption is high and economic efficiency and
international competitive capacity of the products are low.

    Therefore the main tasks for industrial scientific and technological
development are: to transform major industrial fields of our country with
modern sciences and technologies and particularly micro-electric technologies;
to readjust and optimize industrial structure; to extensively utilize
new technological theories and new designing methods; to renew equipment,
technologies and products; to develop new manufacturing technologies and
resources exploitation technologies; to raise the level of automation and
computerization in large-scale production; to enlarge the proportion of
domestically made sets of advanced technological equipment in major trades
of industry and improve management technological level and safe production
technological level; and consequently to raise economic efficiency, enrich

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...