1998

REGULATIONS ON THE PROTECTION OF TYPES OF TRADITIONAL CHINESE MEDICINE

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


Regulations on the Protection of Types of Traditional Chinese  Medicine

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    The period of second class protection is seven years.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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






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

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

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

Contents 

Chapter I   General Provisions 

Chapter II  Classification of the Police Ranks 

Chapter III Initial Conferment of the Police Ranks 

Chapter IV  Promotion of the Police Ranks 

Chapter V   Retention, Demotion and Deprivation of the Police Ranks               
   

Chapter VI  Supplementary Provisions 

Chapter I 

General Provisions 

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

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

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

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

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

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

Chapter II 

Classification of the Police Ranks 

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

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

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

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

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

(5) Constable: First Class, Second Class. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter III 

Initial Conferment of the Police Ranks 

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

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

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

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

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

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

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

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

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

Chapter IV 

Promotion of the Police Ranks 

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

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

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

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

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

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

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

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

Chapter V 

Retention, Demotion and Deprivation of the Police Ranks 

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

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

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

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

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

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

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

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

Chapter VI 

Supplementary Provisions 

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

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

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

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

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

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

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

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







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

_

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


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



(August 30, 1992)

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

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

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

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

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






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...