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1999

REGULATIONS ON PROTECTION OF TRADITIONAL CHINESE MEDICINES

Regulations on Protection of Traditional Chinese Medicines

     (Effective Date:1993.01.01–Ineffective Date:)

CHAPTER I GENERAL PROVISIONS CHAPTER II THE GRADING AND APPROVAL OF PROTECTION OF VARIETIES OF TRADITIONAL CHINESE MEDICINES CHAPTER
III PROTECTION OF THE PROTECTED VARIETIES OF TRADITIONAL CHINESE MEDICINES CHAPTER IV PENALTIES CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 1 This decree is hereby formulated with the aims of raising the quality of all varieties of traditional Chinese medicines, of protecting
the legal rights and interests of enterprises engaged in the production of traditional Chinese medicines, and of promoting the development
of activities relating to traditional Chinese medicines.

   Article 2 This Decree is applicable for all varieties of traditional Chinese medicines produced and/or prepared within the territory of China,
including the traditional Chinese proprietary medicines, the extract and preparation of medicinal herbs, and the processed traditional
Chinese herbs.

This Decree is not applicable for those varieties of traditional Chinese medicines applying for patent rights, which is subject to
the law governing patent rights.

   Article 3 The State practises graded protection for those varieties of traditional Chinese medicines stable in its quality and effective in
its therapeutic results in order to encourage the research and development of new varieties of traditional Chinese medicines with
clinical effectiveness.

   Article 4 Health administrative departments under the State Council are responsible for the supervision and administration of activities relating
to the protection of traditional Chinese medicines. The responsible departments at the state level in charge of the preparation and
management of traditional Chinese medicines are to assist in the management of activities for the protection of all varieties of
traditional Chinese medicines.

CHAPTER II THE GRADING AND APPROVAL OF PROTECTION OF VARIETIES OF TRADITIONAL CHINESE MEDICINES

   Article 5 All varieties of traditional Chinese medicines covered by this Decree for protection shall be those listed as the standardized medicines
at the state level. Application can be raised for those varieties listed, with the approval of health administrative departments
under the State Council, as standardized medicines at the provincial/municipal/autonomous regional level.

All varieties covered by this Decree are divided into Grade 1 and Grade 2 in its protection.

   Article 6 All varieties of traditional Chinese medicines conforming with 1 of the following requirements can apply for Grade 1 protection:

that

(1) are with special therapeutic results to a given disease;

(2) are prepared with natural medicinal herbs covered by Grade 1 protection by the state; and

(3) are applicable to the prevention and treatment of certain specific diseases.

   Article 7 All varieties of traditional Chinese medicines conforming with 1 of the following requirements can apply for Grade 2 protection:

that

(1) are conforming with the stipulations set forth in Article 6, and are removed from Grade 1 protection;

(2) are with noticeable therapeutic results to a given disease; and

(3) are extracted, and/or specifically prepared with its effective ingredient from natural medicinal herbs.

   Article 8 Any new variety of traditional Chinese medicines having been duly approved by health administrative departments under the State Council
are subject to protection for a period as specified by the health administrative departments under the State Council, of which, if
having been found conforming with the stipulations as set forth in Article 6 and/or Article 7, can apply, following the procedures
as set forth in this Decree, for protection 6 months prior to the termination of the period for protection as approved specifically
by health administrative departments under the State Council.

   Article 9 Procedures of application for protection of the variety of traditional Chinese medicines:

(1) Enterprises engaged in the preparation of traditional Chinese medicines can apply for protection of their products that conform
with the stipulations as set forth in Article 5, Article 6, Article 7 and Article 8. The application shall be submitted to the responsible
departments of local province/municipality/autonomous region in charge of the preparation and management of traditional Chinese medicines
for written verification, and to be further verified by local health administrative departments at the same level before its submission
to the health administrative departments under the State Council. Under specific conditions, enterprises engaged in the preparation
of traditional Chinese medicines may submit its application directly to the health administrative departments under the State Council,
or, submit its application through the responsible departments at the state level in charge of the preparation and managements of
traditional Chinese medicines for written verification.

(2) Health administrative departments under the State Council entrusts the National Committee on the Assessment of the Protected Traditional
Chinese Medicinal Products P. R. C. for assessment which is to be completed with a conclusion within 6 months as of the date of its
receipt of the application.

(3) Taking into account of the conclusion reached by the National Committee on the Assessment of the Protected Traditional Chinese
Medicinal Products P.R.C. the health administrative departments under the State Council is to make a decision, after consulting with
the responsible departments at the state level in charge of the preparation and management of traditional Chinese medicines, on whether
a protection is to be granted. The health administrative departments under the State Council is to issue “the Certificate of Variety
of Traditional Chinese Medicine under Protection” to those granted with a protection.

The health administrative departments under the State Council are responsible for the formulation of the National Committee on the
Assessment of the Protected Traditional Chinese Medicinal Products P. R. C. by inviting, after consulting with the responsible departments
at the state level in charge of the preparation and management of traditional Chinese medicines, experts of traditional Chinese medicines
in areas of clinical activities, scientific research, laboratory experiments, administration and management to serve as members on
the Committee.

   Article 10 The applying enterprises shall submit adequate information material, as specified by the health administrative departments under
the State Council, to the National Committee on the Assessment of the Protected Traditional Chinese Medicinal Products P.R.C..

   Article 11 The health administrative departments under the State Council are to publish, on designated specialized papers, the varieties of
traditional Chinese medicines granted with a protection, and that whose protection period is terminated.

CHAPTER III PROTECTION OF THE PROTECTED VARIETIES OF TRADITIONAL CHINESE MEDICINES

   Article 12 The protection period lasts respectively for:

those under Grade 1 protection: 30 years, 20 years, and/or 10 years;

those under Grade 2 protection: 7 years.

   Article 13 The ingredient and formulae, and its technical know-how of the preparation for varieties under Grade 1 protection shall be kept as
a secret within the protection period. Enterprises granted with “the Certificate of Variety of Traditional Chinese Medicine under
Protection”, the responsible departments for the preparation and management of traditional Chinese medicines, the health administrative
departments concerned, and all units and individuals concerned shall not make it known to the public.

All departments, enterprises and units concerned having a responsibility of maintaining its secrecy shall establish, in pursuit of
stipulations concerned formulated by the state, its security regulations.

   Article 14 Any transference to areas outside the country of the ingredient and formulae, and its technical know-how for the preparation of varieties
under Grade 1 protection shall be conducted in pursuit of the security regulations stipulated by the state.

   Article 15 If a given variety of traditional Chinese medicines under Grade 1 protection is required for lengthening its protection period, enterprises
concerned shall submit an application, in pursuit of the procedures as stipulated in Article 9 of this Decree, 6 months prior to
the termination of its protection period. The lengthening period of protection shall be decided upon by the health administrative
departments under the State Council taking into account of the assessment conclusion of the National Committee on the Assessment
of the Protected Traditional Chinese Medicinal Products P.R.C.. However, the lengthening period shall not exceed the length of the
protection period previously approved.

   Article 16 The protection period for varieties of traditional Chinese medicines under Grade 2 protection can be lengthened for another 7 years.

The application for a lengthening of protection period for a given variety of traditional Chinese medicines shall be submitted by
enterprises concerned, in pursuit of the procedures as stipulated in Article 9 of this Decree, 6 months prior to the termination
of its protection period.

   Article 17 The preparation of varieties of traditional Chinese medicines granted with a protection shall be limited to enterprises issued with
“the Certificate of Variety of Traditional Chinese Medicines under Protection” period. However, it does not include those as stipulated
in Article 19 of this Decree.

   Article 18 If a given variety of traditional Chinese medicines granted with a protection by the health administrative departments under the
State Council was prepared by more than 1 enterprise before its approval, those enterprises not having applied for “the Certificate
of Variety of Traditional Chinese Medicines under Protection” shall submit its application, within 6 months as of its publication
on designated specialized papers, to the health administrative departments under the State Council for issuance. The application
shall be attached with reference material as stipulated in Article 10 of this Decree. The health administrative departments under
the State Council shall designate a drug control institution to examine its quality, and shall take the following measures based
on the results of the examination:

(1) to make an additional issuance, after consulting with the responsible departments at the state level in charge of the preparation
and management of the traditional Chinese medicines, of “the Certificate of Variety of Traditional Chinese Medicines under Protection”
to those having duly met the required standards established by the state; and

(2) to remove the previous approval of the said variety of traditional Chinese medicines, in pursuit of laws and regulations governing
the management of medicines, if it fails to meet the required standards established by the state.

   Article 19 Upon the proposal raised by the responsible departments at the state level in charge of the preparation and management of traditional
Chinese medicines, and with the approval of health administrative departments under the State Council, relating to the replication
preparation of the protected varieties of traditional Chinese medicines much in need of clinically, the health departments of the
province/municipality/autonomous region, in which, the replicating enterprise is situated, may grant approval for replication preparation
of the said protected variety. The enterprise shall make a reasonable amount of payment to the enterprise granted with “the Certificate
of Variety of Traditional Chinese Medicines under Protection” for the transference of information of the ingredients and formulae,
and technical know-how. The amount of payment is to be decided upon by both sides through consultation, or, to be decided upon by
the health administrative departments under the State Council if no agreement is reached through consultation.

   Article 20 Enterprises engaged in the preparation of the protected varieties of traditional Chinese medicines and responsible departments at
the local level in charge of the preparation and management of traditional Chinese medicines shall, following the requirements raised
by the health administrative departments at the provincial/ municipal/ autonomous regional level, constantly improve its working
conditions and raise the quality of its products.

   Article 21 Application for registration in areas outside the country of any protected variety of traditional Chinese medicines within the protection
period is subject to the approval of the health administrative departments under the State Council.

   Article 22 Any person responsible for the leakage of a secret as a result of violating the stipulation of Article 13 of this Decree is to be
given with a disciplinary sanction by the department the said person is affiliated, or, by administrative bodies at a higher level;
and is to be affixed the person’s criminal responsibility according to law if the case constitutes a crime.

   Article 23 Any violence of the stipulation of Article 17 of this Decree by replicating presumptuously the preparation of any protected variety
of traditional Chinese medicines is to be regarded as the preparation of counterfeit medicine and to be dealt with according to law
by the health administrative departments at county level and above.

The health administrative departments at the county level and above are to confiscate all products and illegal income of any preparation
and sale of traditional Chinese medicines with a counterfeit “the Certificate of Variety of Traditional Chinese Medicines under Protection”,
and to impose a fine to any amount no more than 3 folds of the price of the variety legally prepared.

Judicial departments are to affix its criminal responsibility according to law if any activities as listed above constitute a crime.

   Article 24 If any party refuses the ruling of the health administrative departments may apply for administrative reconsideration, or, lodge
an administrative appeal following the stipulations concerned in law and administrative regulations.

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 25 The requirements and forms for application for protection of varieties of traditional Chinese medicines are to be formulated by the
health administrative departments under the State Council.

   Article 26 The rights for the interpretation of this Decree rest on the health administrative departments under the State Council.

   Article 27 The Decree comes into effect as of January 1,1993.

    





MEASURES FOR THE CONTROL OF HUNTING RIFLES AND AMMUNITION

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1993-12-25 Effective Date  1994-03-01  


Measures of the People’s Republic of China for the Control of Hunting Rifles and Ammunition

Chapter I  General Rules
Chapter II  The Production
Chapter III: Sales
Chapter IV  The Use
Chapter V  The Transport
Chapter VI  Regulations of Penalty
Chapter VII Supplementary Provisions

(Approved by the State Council on October 27, 1993, and

promulgated by Decree No.2 of the Ministry of Forestry and the Ministry of Public Security on December 25, 1993)
Chapter I  General Rules

    Article 1  These Measures are formulated according to the “Law of
the People’s Republic of China on the Protection of Wildlife” and the
“Measures of the People’s Republic of China for the Control of Firearms”
in order to strengthen the control of hunting rifles and ammunition,
protect wildlife resources, and maintain public security.

    Article 2  The term hunting rifles and ammunition, as mentioned in
these Measures, refers to rifles without rifling, powder-guns,
injection-guns, rifles for hunting, and their spare parts and the
ammunition (including cartridge case, ignition cartridges and metal
pellets).

    Article 3  Those who produce, sell, use or transport hunting rifles
and ammunition should abide by these Measures.

    Article 4  The competent department of forestry administration of
the State Council, the competent department of forestry administration
of the people’s governments of provinces, autonomous regions and
municipalities directly under the Central Government, and the competent
department of wildlife administration of the people’s governments of
cities and counties are responsible for the administration of the
production, sale and use of hunting rifles and ammunition according to
their jurisdiction respectively.

    The public security organ is responsible for the administration of
the public security and the supervision and inspection of the production,
sale, purchase, ownership, use, transport, disuse and destruction of
hunting rifles and ammunition.

    Article 5  The competent department of forestry administration of
the people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government, the competent department of wildlife
administration of the people’s governments of cities and counties, and the
public security organ of the same level should, in cooperation with the
competent authorities concerned, organize an inspection of the administration
of hunting rifles and ammunition within their administrative region.
Chapter II  The Production

    Article 6  Hunting rifles and ammunition are produced and supplied
by enterprises approved by the competent department of forestry
administration of the State Council; unapproved enterprises shall not
produce hunting rifles and ammunition. The administrative department of
industry and commerce deals with registration according to the documents
issued by the competent department of forestry administration of the State
Council concerning the approval of the production of hunting rifles and
ammunition.

    It is strictly forbidden for individuals to produce, remake or
assemble hunting rifles.

    Article 7  Hunting rifles and ammunition are produced by quota.

    The competent department of forestry administration of the State
Council, in line with the quantity needed by the competent departments of
forestry administration and public security organs of the people’s
governments of provinces, autonomous regions and municipalities directly
under the Central Government on the basis of the wildlife resources and
conditions of public security in their administrative regions, after the
consideration of overall balance, decides the annual quota of the production
of hunting rifles and ammunition and allot the quota to the enterprises in
charge of the production.

    The enterprises producing hunting rifles and ammunition shall organize
the production in line with the quota allotted by the competent department
of forestry administration of the State Council. It is not allowed to
produce hunting rifles and ammunition beyond the quota.

    Article 8  Hunting rifles and ammunition must be up to the standard
stipulated by the State. Hunting rifles and ammunition leaving the factory
and their labels on the pack shall qualify to the standard of the Law of
the People’s Republic of China on the Quality of Products, and be marked
with the number of the hunting rifles.

    It is forbidden for hunting rifles and ammunition not up to the standard
stipulated by the State to leave the factory.

    Article 9  The production of the new style hunting rifles and ammunition
must be approved by the competent department of forestry administration of
the State Council.

    Article 10  The competent department of forestry administration of the
State Council or the institution which it has entrusted can carry out a
selective examination of the quality of hunting rifles and ammunition
produced in the approved enterprises.
Chapter III: Sales

    Article 11  The type and the amount of hunting rifles and ammunition for
sale are allotted overall by the competent department of forestry
administration of the State Council within the annual quota of the production
of hunting rifles and ammunition. The competent departments of forestry
administration of the people’s governments of provinces, autonomous regions
and municipalities directly under the Central Government shall, in line with
the type and the quantity of hunting rifles and ammunition allotted by the
competent department of forestry administration of the State Council, decide
the annual quota of hunting rifles and ammunition for sale in their
administrative regions and report to the public security organs at the same
level for the records.

    Article 12  Hunting rifles and ammunition are sold by the designated
unit.

    The unit managing the sale of hunting rifles and ammunition must first
apply to the competent department of wildlife administration of the people’s
government of the city or county where it is located, after it has been
approved by the competent department of forestry administration and the
public security organ of the people’s government of the province, autonomous
region or municipality directly under the Central Government, the license of
sales permits of hunting rifles and ammunition will be issued by the public
security organ of the people’s government of the province, autonomous region
or municipality directly under the Central Government. The administrative
department of industry and commerce deals with registration by the license of
sales permits of hunting rifles and ammunition.

    Article 13  The unit managing the sale of hunting rifles and ammunition
shall neither sell beyond the annual quota nor sell the hunting rifles and
ammunition produced by those enterprises without production permits.

    Article 14  If the hunting rifles and ammunition produced for export
cannot be exported for some reason, they cannot be sold within the country
without the permission of the competent department of forestry administration
of the State Council.

    Article 15  Those who need to purchase hunting rifles and ammunition for
hunting shall, with a special hunting and capture permit or a hunting permit
and identification, apply to the competent department of wildlife
administration of the people’s government of the city or county and fill the
purchase form for examination and approval. After the approval of the
competent department of wildlife administration and the examination and
agreement of the public security organ at the same level, the purchasing
permit for hunting rifles and ammunition shall be issued by the public
security organ.

    The amount of hunting rifles and ammunition for purchase approved by the
competent department of wildlife administration of the people’s government of
the city or county shall not be more than the annual sales quota allotted by
the competent department of forestry administration of the people’s government
of the province, autonomous region or municipality directly under the Central
Government; the amount of purchase permits issued by the public security organ
shall not be more than the amount of hunting rifles and ammunition for
purchase approved by the competent department of wildlife administration of
the city or county at the same level.

    The purchase permits can only be used within the area of the province,
autonomous region or municipality directly under the Central Government.
Those who purchase hunting rifles shall follow the rule of one rifle per
permit.

    Article 16  The unit managing the sale of hunting rifles and ammunition
shall sell hunting rifles and ammunition in the light of the designated brand,
type and amount by the purchase permit of hunting rifles and ammunition and
the special hunting and capture permit issued by the public security organ of
the city or county within the province, autonomous region or municipality
directly under the Central Government, or the hunting permit showing the
identification of the purchaser. It is strictly forbidden for the unit
managing the sale of hunting rifles and ammunition to sell hunting rifles and
ammunition to units or individuals of other provinces, autonomous regions or
municipalities directly under the Central Government.

    Article 17  Those who have purchased hunting rifles shall, with their
special hunting and capture permit or hunting permit, the hunting rifles
which they have purchased and the receipt, get firearm licenses in the public
security organ of the city or county which issued the purchase permit of
hunting rifles and ammunition, then report to the competent department of
wildlife administration at the same level for the records.

    Article 18  Aliens who need to purchase hunting rifles and ammunition
shall, with the document issued by the competent department of foreign
affairs of the people’s government of the province or above or the competent
administrative department of the host unit, apply to the public security
organ of the city or county of the purchase for a purchase permit of hunting
rifles and ammunition; after the approval, they shall go to purchase hunting
rifles and ammunition with their purchase permit in the designated unit
managing the sale of hunting rifles and ammunition.    
Chapter IV  The Use

    Article 19  The firearm-carrying personnel for hunting shall carry with
them the firearm license and special hunting and capture permit or hunting
permit.

    Article 20  The units and individuals concerned shall carefully keep and
use hunting rifles and ammunition, prevent their loss and theft or the
occurrence of other accidents. If there occurs the loss or the theft of
hunting rifles or ammunition, it shall be reported immediately to the public
security organ of the local city or county.

    Article 21  The hunting rifles and ammunition held by individuals must
not be borrowed or rented out. If units need to borrow or rent hunting rifles
between themselves, it shall be approved by the competent departments of
wildlife administration and the public security organs of the people’s
governments of the cities or counties of both sides.

    Article 22  To present as a gift or transfer hunting rifles and ammunition
must be approved by the competent departments of wildlife administration and
the public security organs of the people’s governments of the cities or
counties of both the presenter and the receiver or the transferor and the
transferee; the presenter or the transferor shall also go through the
procedure of changing the firearms license.

    Article 23  Those who receive hunting rifles and ammunition presented as
a gift or transferred by aliens shall be examined and agreed by the public
security organ of the city or county, get the firearm license and, for the
record, report to the competent department of wildlife administration at the
same level.

    Article 24  The State puts into effect the system of inspection and disuse
of hunting rifles. If hunting rifles held by units and individuals are
declared as useless after inspection, the special hunting and capture permit
or hunting permit shall be handed in for cancellation to the competent
department of wildlife administration of the people’s government of the local
city or county; the firearm license shall be handed in for cancellation to the
public security organ, the hunting rifles shall be discarded by the public
security organ according to the regulations.
Chapter V  The Transport

    Article 25  Those who transport hunting rifles and ammunition shall apply
to the public security organ of the relevant city or county through which they
travel for a transport permit; on their arrival at the destination, they shall
register at the public security organ of the local city or county or apply for
a firearms license according to the measures listed in this circular.

    The public security organ which issues the purchasing permit of hunting
rifles and ammunition can accordingly issue the transport permit
simultaneously.

    Article 26  Those who carry hunting rifles and ammunition out of the city
or county shall apply to the local public security of the local city or
county, and get their transport permit with their special hunting and capture
permit or hunting permit and their firearms license.

    Article 27  As for those aliens who come inside the border of the People’s
Republic of China for hunting and need to carry their own hunting rifles and
ammunition, the host unit shall apply beforehand for examination and agreement
to the competent department of forestry administration and the public security
organ of the people’s government of the province, autonomous region or
municipality directly under the Central Government; the aliens shall declare
at customs on their entry into the country, and the frontier inspection
station shall issue the transport permit after examination and verification
according to the document of approval; the host unit shall take charge of
keeping the hunting rifles and ammunition after their entry.

    Aliens carrying hunting rifles and ammunition across the border must apply
to public security for a transport permit, declare at the customs on their
exit from the country and hand in their transport permit to the frontier
inspection station at the local exit.

    Article 28  The transport enterprises of railway, communication and civil
aviation can deal with the procedure for shipping hunting rifles and
ammunition by the transport permit.

    It is strictly forbidden for passengers to carry with them hunting rifles
and ammunition on civil airliners, passenger ships and trains.
Chapter VI  Regulations of Penalty

    Article 29  Those who violate the regulations of these Measures with one
of the following deeds which are not classified as calling for criminal
penalties but enough for administrative penalties for public security shall be
dealt with by the public security organ according to the “Regulations of the
People’s Republic of China on Administrative Penalties for Public Security”.

    (1) To produce hunting rifles and ammunition without permission;

    (2) To produce hunting rifles and ammunition not of the type stipulated or
beyond the production quota allotted;

    (3) To produce, remake or assemble hunting rifles by individuals;

    (4) To manage the sale of hunting rifles and ammunition or to be involved
in the illegal dealing of  hunting rifles and ammunition;

    (5) To illegally transport or carry hunting rifles and ammunition;

    (6) To illegally hold, use, store, conceal, rent, borrow, present as a
gift or transfer hunting rifles and ammunition.

    Those who are involved in one of the above-mentioned deeds which
constitute a crime should be investigated for their responsibility for the
crime according to law.

    Article 30  If the enterprise producing hunting rifles and ammunition
fails to produce hunting rifles and ammunition in the light of the
regulations, the competent department of the forestry administration of the
State Council or the unit which it has entrusted can order the enterprise to
stop production for rectification or revoke the document which granted the
enterprise the qualification for the production, according to the seriousness
of the case.

    If the enterprise managing the sale of hunting rifles and ammunition fails
to sell hunting rifles and ammunition according to the regulations, the public
security organ can order the enterprise to stop business for rectification or
revoke the sales permit, based on the seriousness of the case accordingly.

    Article  31  If the party concerned refuses to accept the administrative
penalty as final, the party can apply for a reconsideration or start legal
proceedings. If the party concerned fails to apply for a reconsideration or
start legal proceedings within the limited time yet refuses to accept the
penalty, the unit which has made the decision shall apply to the People’s
Court to carry it out by force or carry out the decision itself by force,
according to law.

    Article 32  If the employees of the competent department of wildlife
administration or the public security organ violate the regulations of these
Measures, granting the amount of hunting rifles and ammunition for purchase
beyond the annual quota of sale or issuing the purchase permits or transport
permits of hunting rifles and ammunition beyond the amount of hunting rifles
and ammunition authorized for sale, or are engaged in other activities of
abusing power, dereliction of duty, malpractice for personal interests, their
unit or the higher authorities shall impose the penalty required; if their
activity constitutes a crime, they shall be investigated for their criminal
responsibility according to law.
Chapter VII Supplementary Provisions

    Article  33  The import and export of hunting rifles and ammunition and
the administration of the hunting rifles and ammunition used in
target-shooting sports shall follow the related regulations issued by the
State.

    Article 34  These Measures shall be interpreted by the competent
department of forestry administration of the State Council and the department
of public security.

    Article 35  These Measures shall become effective on March 1, 1994.





COMPANY LAW

Category  LEGAL PERSONS AND ECONOMIC ORGANIZATIONS Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Amendment
Date of Promulgation  1993-12-29 Effective Date  1994-07-01  


Company Law of the People’s Republic China

Contents
Chapter I  General Provisions
Chapter II  Incorporation and Organizational Structure
Chapter III  Incorporation and Organizational Structure
Section 3  Board of Directors, and Manager
Chapter IV  Issue and Transfer of Shares of Joint Stock Limited Companies
Chapter V  Company Bonds
Chapter VI  Financial Affairs and Accounting of Companies
Chapter VII  Merger and Division of Companies
Chapter VIII  Bankruptcy, Dissolution and Liquidation of Companies
Chapter IX  Branches of Foreign Companies
Chpater X  Legal Liability
Chapter XI  Supplementary Provisions

(Adopted at the Fifth Meeting of the Standing Committee of the

Eighth National People’s Congress of China on December 29, 1993,
promulgated by Order No.16 of the President of the People’s
Republic of China on December 29, 1993, and effective as of July 1,
1994) (Editor’s Note: For the revised text, see the Amendment to the
Decision of the Standing Committee of the National People’s Congress
Regarding the Revision of Company Law of the People’s Republic of China
adopted by the 13th Session of the Standing Committee of the Ninth National
People’s Congress and promulgated by the Order No. 29 of the President of
the People’s Republic of China on December 25,1999)
Contents

    Chapter I  General Provisions

    Chapter II  Incorporation and Organizational Structure of          

                Limited Liability Companies

        Section 1  Incorporation

        Section 2  Organizational Structure

        Section 3  Wholly State-owned Companies

    Chapter III  Incorporation and Organizational Structure of Joint  

                 Stock Limited Companies

        Section 1  Incorporation

        Section 2  Shareholders’ General Meetings

        Section 3  Board of Directors, and Manager

        Section 4  Supervisory Board

    Chapter IV  Issue and Transfer of Shares of Joint Stock Limited Companies

        Section 1  Issue of Shares

        Section 2  Transfer of Shares

        Section 3  Listed Companies

    Chapter V  Company Bonds

    Chapter VI  Financial Affairs and Accounting of Companies

    Chapter VII  Merger and Division of Companies

    Chapter VIII  Bankruptcy, Dissolution and Liquidation of Companies

    Chapter IX  Branches of Foreign Companies

    Chapter X  Legal Liability

    Chapter XI  Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated in accordance with the
Constitution of the People’s Republic of China in order to meet the
needs of establishing a modern enterprise system, to standardize
the organization and activities of companies, to protect the
legitimate rights and interests of companies, shareholders and
creditors, to maintain social and economic order and to promote the
development of the socialist market economy.

    Article 2 The  term “company” mentioned in this Law refers to
a limited liability company or a joint stock limited company
incorporated within the territory of the People’s Republic of China
in accordance with this Law.

    Article 3  A “limited liability company” or “joint stock
limited company” is an enterprise legal person.

    In the case of a limited liability company, shareholders shall
assume liability towards the company to the extent of their
respective capital contributions, and the company shall be liable
for its debts to the extent of all its assets.

    In the case of a joint stock limited company, its total
capital shall be divided into equal shares, shareholders shall
assume liability towards the company to the extent of their
respective shareholdings, and the company shall be liable for its
debts to the extent of all its assets.

    Article 4  The shareholders of a company shall, in their
capacity of contributors of capital, enjoy such rights of owners as
benefitting from assets of the company, making major decisions and
selecting managerial personnel in accordance with the amount of their respective capital investment in the company.

    A company shall enjoy the right to the entire property of the
legal person formed by the investments of the shareholders and
shall possess civil rights and bear the civil liabilities in
accordance with the law.

    The ownership of State-owned assets in a company shall vest in
the State.

    Article 5  A company shall, with all its legal person assets,
operate independently and be responsible for its own profits and
losses according to law.

    A company shall, under the macro-adjustment and control of the
State, organize its production and operation independently in
accordance with market demand for the purpose of raising economic
benefits and labour productivity and maintaining and increasing the
value of its assets.

    Article 6  An internal management mechanism shall be
implemented within companies, which is characterized by clear
definition of powers and responsibilities, scientific management
and combination of encouragement and restraint.

    Article 7  State-owned enterprises restructured to form
companies must transform their operating mechanism, gradually
produce an inventory of their assets and verify their funds,
delimit their property rights, clear off their claims and debts,
evaluate their assets and establish a standard internal management
mechanism in accordance with the conditions and requirements set by
laws, administrative rules and regulations.

    Article 8  Incorporation of limited liability companies or
joint stock limited companies must meet the conditions stipulated
by the present Law. Companies meeting the conditions set by this
Law shall be registered as limited liability companies or joint
stock limited companies; while companies failing to meet the
conditions set by this Law shall not be registered as limited
liability companies or joint stock limited companies.

    Where laws or administrative rules and regulations provide
that incorporation of companies must be subject to examination and
approval, the procedures of examination and approval shall be
completed according to law prior to the registration of such
companies.

    Article 9  A limited liability company established according to
this Law must clearly indicate the words “limited liability
company” in its name.

    A joint stock limited company established according to this
Law must clearly indicate the words “joint stock limited company”
in its name.

    Article 10  A company’s domicile shall be the place where its
main administrative organization is located.

    Article 11  Articles of association must be formulated in
accordance with this Law when a company is incorporated. A
company’s articles of association shall have binding force on the
company, its shareholders, directors, supervisors and managers.

    A company’s scope of business shall be defined in its articles
of association and registered in accordance with the law. Items
within the company’s “scope of business” that are subject to
restrictions under laws, administrative rules and regulations shall
be approved in accordance with the law.

    Companies shall engage in business activities within their
registered scope of business. A company may change its scope of business by amending its articles of association in accordance with
statutory procedures and making such amendments registered with the
Company Registration Authority.

    Article 12  A company may invest in other limited liability
companies or joint stock limited companies and shall assume
liability towards the company so invested in to the extent of such
capital contributions.

    In case a company, other than an investment company or a
holding company as specified by the State Council, invests in other
limited liability companies or joint stock limited companies, the
aggregated amount of such investments shall not exceed fifty
percent of its net assets; after the initial investment, the
increase therein resulting from capitalization of the profit
derived from the company invested in shall not be included.

    Article 13  A company may establish branches, which shall not
possess the status of enterprise legal persons and whose civil
liabilities shall be borne by the company.

    A company may establish subsidiaries, which shall possess the
status of enterprise legal perons, and shall independently bear
civil liabilities according to law.

    Article 14  A company must, when engaging in business
activities, abide by the law, observe professional ethics,
strengthen the construction of socialist culture and ideology and
accept supervision of the government and the public.

    The legitimate rights and interests of companies shall be
protected by the law and shall be inviolable.

    Article 15  Companies must protect the lawful rights and
interests of their staff and workers, and strengthen labour
protection so as to achieve safety in production.

    Companies shall apply various forms to strengthen professional
education and on-the-job training of their staff and workers so as
to improve their quality.

    Article 16  Company’s staff and workers shall, in accordance
with the law, organize a trade union to carry out the trade union
activities and protect the lawful rights and interests of the staff
and workers. The company shall provide its trade union with
conditions necessary for carrying out its activities.

    Wholly State-owned companies and limited liability companies
invested in and established by two or more State-owned enterprises
or by two or more other State-owned investment entities shall,
through staff and workers’ congresses or other forms, practise
democratic management in accordance with the provisions of the
Constitution and relevant laws.

    Article 17  The grass-root organizations of the Communist Party
of China in companies shall carry out their activities in
accordance with the Constitution of the Communist Party of China.

    Article 18  The present Law shall apply to limited liability
companies with foreign investment. Where laws concerning
Chinese-foreign equity joint ventures, Chinese-foreign contractual
joint ventures and foreign-funded enterprises provides otherwise,
such provision shall prevail.
Chapter II  Incorporation and Organizational Structure
of Limited Liability Companies

    Section 1  Incorporation

    Article 19  The following conditions must be fulfilled for the
incorporation of a limited liability company:

    (1) the number of shareholders conforms to the statutory
number;

    (2) the capital contributions of the shareholders reach the
statutory minimum amount of capital;

    (3) the shareholders have jointly formulated the articles of association of the company ;

    (4) the company has name and an organizational structure
established in compliance with the requirements for a limited
liability company; and

    (5) there are fixed premises and necessary conditions for
production and operation.

    Article 20  A limited liability company shall be jointly
invested in and incorporated by not less than two and not more than
fifty shareholders.

    State-authorized investment institutions or departments
authorized by the State may independently invest in and establish
wholly State-owned limited liability companies.

    Article 21  If State-owned enterprises established prior to the
implementation of this Law comply with the conditions stipulated in
this Law for the incorporation of limited liability companies, they
may, in the case of enterprises with a single investing entity, be
restructured as wholly State-owned limited liability companies in
accordance with this Law, or in the case of enterprises with
multiple investing entities, be restructured as limited liability
companies as specified in the first paragraph of the preceding
Article.

     The implementation procedures and specific measures for
restructuring State-owned enterprises as companies shall be
formulated separately by the State Council.

    Article 22  The articles of association of limited liability
companies shall specify the following particulars:

    (1) the name and domicile of the company;

    (2) the scope of business of the company;

    (3) the registered capital of the company;

    (4) the names or post_titles of the shareholders;

    (5) the rights and obligations of the shareholders;

    (6) the method and amount of capital contributions by the
shareholders;

    (7) the conditions for transfer of capital contributions by
shareholders;

    (8) the organization of the company, its method of creation,
functions and powers and the rules of procedure;

    (9) the legal representative of the company;

    (10) the reasons for dissolution of the company and method of liquidation; and

    (11) other items which the shareholders deem necessary to be
specified.

    The shareholders shall sign and affix their seals to the
company’s articles of association.

    Article 23  The registered capital of a limited liability
company shall be the amount of the paid-up capital contributions of all its shareholders as registered with the Company Registration
Authority.

    The registered capital of a limited liability company shall be
no less than the following minima:

    (1) RMB 500,000 yuan for a company engaged mainly in production
and operation;

    (2) RMB 500,000 yuan for a company engaged mainly in commodity
wholesale;

    (3) RMB 300,000 yuan for a company engaged mainly in
commercial retailing; and

    (4) RMB 100,000 yuan for a company engaged in science and
technology development, consultancy or services.

    Where the minimum registered capital of a limited liability
company in specified trades needs to be higher than those
stipulated in the preceding paragraph, it shall be stipulated by
the laws and administrative rules and regulations separately.

    Article 24  A shareholder may make its capital contributions to
a company in currency or by contributing material objects,
industrial property rights, non-patented technology and land use
rights at their appraised value. The material objects, industrial
property rights, non-patented technology or land use rights to be
contributed as capital must undergo an asset valuation and
verification, and shall not be overvalued or undervalued. The
appraisal and valuation of land use rights shall be handled in
accordance with the laws and administrative rules and regulations.

    The investment in the form of industrial property rights and
non-patented technology at their appraised value shall not exceed
twenty percent of the registered capital of a limited liability
company, except where special State regulations inrespect of the
application of high and new technological achievement provide
otherwise.

    Article 25  Each shareholder shall make in full the amount of the capital contribution subscribed for under the articles of association
of the company. Where a shareholder makes its capital
contribution in currency, it shall deposit the full amount of such
capital contribution in crurrency in the interim bank account
opened by the limited liability company to be established. Where a
shareholder makes its capital contribution in the form of material
objects, industrial property rights, non-patented technology or
land use rights, the transfer procedures for the property rights
shall be handled in accordance with the law.

    Shareholders failing to make the capital contributions they
subscribed for in accordance with the preceding paragraph shall be
liable for breach of contract towards the shareholders who have
made in full their capital contributions.

    Article 26  After all shareholders have made their capital
contributions in full, such contributions must be verified by a
statutory capital verification institution which shall issue
capital verification certificates.

    Article 27  After the total capital contributions of the
shareholders have been verified by a statutory capital verification
institution, application shall be made to the Company Registration
Authority for registration of the incorporation of the company by
a representative designated by all the shareholders or by an agent
jointly entrusted by them, who shall submit such documents as an
application for registration, the articles of association and the
capital verification certificate.

    Where the examination and approval of the relevant authorities
is required by the laws or administrative rules and regulations,
the approval documents shall be submitted on application for
registration of incorporation.

    The Company Registration Authority shall grant registration
and issue a business licence to a company that meets the
requirements stipulated in this Law; the Company Registration
Authority shall not register a company failing to meet the
requirements stipulated in this Law.

    The date of the issuance of the company business license shall
be the date of the incorporation of a limited liability company.

    Article 28  Where, after the incorporation of a limited
liability company, it is discovered that the actual value of the
material objects, industrial property rights, non-patented
technology or land use rights contributed as capital is notably
less than the value stated in the articles of association, the
shareholders that made such contributions shall make up the
discrepancy. Those who are shareholders at the time of the
incorporation of the company shall bear joint and several liability
therefor.

    Article 29  Where branches are established simultaneously with
the incorporation of a limited liability company, application for
registration of the branches established shall be made to, and
business licences obtained from the Company Registration Authority.

    Where a limited liability company establishes branches after
its incorporation, the company’s legal representatiive shall apply
for the registration to, and obtain business licences from the
Company Registration Authority.

    Article 30  After a limited liability company has been
incorporated, it shall issue capital contribution certificates to
its shareholders.

    A capital contribution certificate shall specify the following
items:

    (1) the name of the company;

    (2) the registration date of the comany;

    (3) the registered capital of the company;

    (4) the name or post_title of the shareholder, the amount and date
of its capital contribution; and

    (5) the serial number of the capital contribution certificate
and the date of its verification and issuance.

    A capital contribution certificate shall bear the seal of the
company on it.

    Article 31  A limited liability company shall prepare a roster
of its shareholders with the following items therein:

    (1) the names or post_titles and domiciles of the shareholders;

    (2) the amounts of capital contributions of the shareholders;
and

    (3) the serial numbers of the capital contribution
certificates.

    Article 32  A shareholder shall have the right to look up the
minutes of shareholders’ meetings and the financial and accounting
reports of the company.

    Article 33  Shareholders shall draw dividends in proportion to
their capital contributions. Where a company increases capital, the
existing shareholders shall have priority in subscription for new
shares.

    Article 34  Once a company is registered, its shareholders may
not withdraw their capital contributions.

    Article 35  The shareholders of a company may assign among
themselves all or part of their capital contributions.

    Where a shareholder intends to assign its capital contribution
to persons who are not shareholders, the consent of over half of all the shareholders must be secured. Those shareholders
disapproving the assignment shall purchase the capital contribution
to be assigned. If such shareholders do not make the purchase, they
shall be deemed to have consented to the assignment.

    Other shareholders shall, under identical terms, have priority
in purchasing the capital contribution to be assigned with the
consent of the shareholders.

    Article 36  After a shareholder has assigned its capital
contribution according to law, the company shall record the name or
post_title and domicile of the consignee and the amount of the capital
contribution assigned in the roster of the shareholders.

    Section 2  Organizational Structure

    Article 37  The shareholders’ meeting of a limited liability
company shall be composed of all the shareholders. The
shareholders’ meeting shall be the organ of power of the company
and shall exercise its functions and powers in accordance with this
Law.

    Article 38  The shareholders’ meeting shall exercise the
following functions and powers:

    (1) to decide on the business policy and investment plan of the company;

    (2) to elect and recall members of the board of directors and
to decide on matters concerning the remuneration of directors;

    (3) to elect and recall supervisors appointed from among the
shareholders’ representatives, and to decide on matters concerning
the remuneration of supervisors;

    (4) to examine and approve reports of the board of directors;

    (5) to examine and approve reports of the supervisory board or
supervisors;

    (6) to examine and approve the annual financial budget plan
and final accounts plan of the company;

    (7) to examine and approve plans for profit distribution of the company and plans for making up losses;

    (8) to adopt resolutions on the increase or reduction of the
registered capital of the company;

    (9) to adopt resolutions on the issuance of company bonds;

    (10) to adopt resolutions on the assignment of capital
contribution by a shareholder to a person other than the
shareholders;

    (11) to adopt resolutions on matters such as the merger,
division, transformation, dissolution and liquidation of the
company; and

    (12) to amend the articles of association of the company.

    Article 39  The rules of deliberation and voting procedures of the shareholders’ meeting shall, except where provided for by this
Law, be stipulated by the articles of association of the company.

    Resolutions of the shareholders’ meeting on the increase or
reduction of the registered capital, the division, merger,
dissolution, or transformation of the company must be adopted by
shareholders of the company representing two-thirds or more of the
voting rights.

    Article 40  A company may amend its articles of association. A
resolution on the amendment of the articles of association must be
adopted by shareholders of the company representing two-thirds or
more of the voting rights.

    Article 41  Shareholders shall exercise their voting rights at
the shareholders’ meeting in proportion to their capital
contributions.

    Article 42  The first meeting of the shareholders of a company
shall be convened and presided over by the shareholder who has made
the biggest capital contribution to the company and shall exercise
its functions and powers in accordance with this Law.

    Article 43  Shareholders’ meetings shall be divided into
regular meetings and interim meetings.

    Regular shareholders’ meetings shall be convened on time as
stipulated by the articles of association of the company. Interim
shareholders’ meetings may be convened upon proposal made by
shareholders representing one-fourth or more of the voting rights,
or, by one-third or more of directors or supervisors.

    Where a limited liability company has set up a board of directors, its shareholders’ meetings shall be convened
by the
board of directors and presided over by the chairman of the board.
Where special circumstances preclude the chairman of the board from
performing his function, the meeting shall be presided over by a
vice-chairman or a director of the board designated by the
chairman.

    Article 44  All shareholders shall be notified fifteen days
prior to the convening of a shareholders’ meeting.

    The shareholders’ meeting shall keep minutes of their
decisions on matters discussed at it; the shareholders present at
the meeting shall sign the minutes.

    Article 45  A limited liability company shall have a board of directors, which shall be composed of three to thirteen members.

    The members of the board of directors of a limited liability
company invested in and established by two or more State-owned
enterprises, or by two or more other State-owned investment
entities shall include representatives of the staff and workers of the company. Such representatives of the staff and workers shall
be
democratically elected by the staff and workers of the company.

    A board of directors shall have a chairman and one or two
vice-chairmen. The method for the creation of the chairman and
vice-chairmen shall be stipulated in the articles of association of the company.

    The chairman of the board of directors shall be the company’s
legal representative.

    Article 46  The board of directors shall be responsible to the
shareholders’ meeting, and exercise the following functions and
powers:

    (1) to be responsible for convening shareholders’ meetings and
to report on its work to the shareholders’ meetings;

    (2) to implement the resolutions of the shareholders’
meetings;

    (3) to decide on the businesss plans and investment plans of the company;

    (4) to formulate the annual financial budget

CIRCULAR OF THE MINISTRY OF FINANCE CONCERNING PRINTING AND DISTRIBUTING THE RULES FOR THE IMPLEMENTATION OF THE INTERIM REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON BUSINESS TAX

The Ministry of Finance

Circular of the Ministry of Finance Concerning Printing and Distributing the Rules for the Implementation of the Interim Regulations
of the People’s Republic of China on Business Tax

CaiFaZi [1993] No.40

December 25, 1993

The ministries and directly subordinate institutions of the State Council, the people’s governments of various provinces, autonomous
regions, municipalities directly under the Central Government and municipalities separately listed on the State plan, the departments
(bureaus) of finance of various provinces, autonomous regions, municipalities directly under the Central Government and municipalities
separately listed on the State plan and the branches of the State Administration of Taxation:

Rules for the Implementation of the Interim Regulations of the People’s Republic of China on Business Tax is now issued to you for
earnest implementation. Attachment:Rules for the Implementation of the Interim Regulations of the People’s Republic of China on Business Tax

Article 1

The Rules have been formulated according to Article 16 of the Interim Regulations of the People’s Republic of China on Business Tax
(hereinafter referred to as “Regulations” ).

Article 2

The term “taxable labor services” mentioned in Article 1 of the Regulations refers to taxable items of labor services in areas of
transport, construction, finance, insurance, posts and telecommunications, cultural and sports, recreation and service.

Labor services involved in processing and repairs do not belong to taxable items (hereinafter referred to as “non-taxable labor services”).

Article 3

“Transactions of foreign exchange, negotiable securities and futures” mentioned in Subparagraph 5 of Article 5 of the Regulations
refer to the transactions conducted by banks and non-banking financial organizations in foreign exchange, negotiable securities and
futures. Business turnover for transactions of foreign exchange, negotiable securities or futures conducted by non-financial organizations
or individuals is free from business tax.

The term “futures” mentioned in Subparagraph 5 of Article 5 of the Regulations refer to non-goods futures. The business turnover
for transaction of non-goods futures. The business turnover for transaction of non-goods futures is free from business tax.

Article 4

The term “providing taxable labor services, transfer of intangible assets or sales of real assets” as addressed in Article 1 of the
Regulations refers to acts of providing taxable labor services, transferring intangible assets or selling real assets for payment.
But the taxable labor services provided by employees of units or individual business people for the units and their employers are
excluded.

The term “payment” mentioned in the preceding paragraph includes money, goods or other economic interests.

If a unit or an individual builds by own effort a building structure for sale, effort for building the structure is regarded as a
kind of taxable labor services.

The transfer of limited equity ownership or permanent right of use of movable property or the donation of movable property by a unit
to others are regarded as selling real estate.

Article 5

A sale involving both taxable labor services and goods is regarded as a mixed sale. A mixed sale made by an enterprise, an enterprising
unit or an individual engaging in production, wholesale or retail sale is regarded as a sale of goods and is free from business tax.
A mixed sale made by other units and individuals is regarded as a provision of taxable labor services and is thus subject to business
tax.

Whether a sale of a taxpayer can be regarded as a mixed sale shall be subject to the determination of tax collecting agencies under
the State Tax Administration.

The term “goods” mentioned in the first paragraph of this article refers to tangible movable assets, including power, thermal power
and gas.

The term “an enterprise, an enterprising unit, a unit or an individual engaging in production, wholesale or retail sales” mentioned
in the first paragraph of this article includes enterprises, enterprising units and individuals mainly engaging in production, wholesale
or retail sales but also concurrently providing taxable labor services.

Article 6

A taxpayer that engaged concurrently in taxable labor services and goods or non-taxable labor services should keep a separate accounting
of the sales volumes of goods or taxable and non-taxable labor services. If the accounting cannot be accurately separated, the value-added
tax shall be levied in consolidation on non-taxable labor services and goods or taxable labor services and no business tax is levied.

Whether or not the value-added tax will be levied in consolidation for a taxpayer concurrently engaging in non-taxable labor services
shall be determined by the tax collecting organs of the State Tax Administration.

Article 7

Except otherwise provided for in Article 8 of the Rules, one of the following cases is regarded as providing taxable labor services
or transferring intangible assets or selling immovable properties within the territory of the People’s Republic of China:

1.

Labor services are provided within the territory of China:

2.

Passengers or goods within the territory of China are transported out of the boundaries;

3.

Organizing passengers within the territory of China for foreign tours;

4.

The intangible assets transferred are used within the territory of China;

5.

The immovable properties sold are located inside the territory of China.

Article 8

One of the following cases is regarded as providing insurance labor services within the territory of the People’s Republic of China:

1.

Insurance labor services provided by insurance organizations within the territory of China, except the insurance coverage provided
by insurance organizations for export goods;

2.

Insurance organizations outside China provide insurance labor services for objects within the territory of China.

Article 9

The term “units” mentioned in Article 1 of the Regulations refers to State owned enterprises, collectively owned enterprises, private
enterprises, stockholding enterprises and other enterprises and administrative units, institutional units, military units, social
organizations and other units.

The term “individuals” mentioned in Article 1 of the Regulations refers to individual business people and other individual operators.

Article 10

If an enterprise is leased or contracted out for operation by others, the person or persons who lease it or the contractor or contractors
are the taxpayers.

Article 11

Except otherwise provided for in Article 12 of the Rules, units with obligations of business tax are units which have taxable acts
and collected money, goods or other economic interests from others, including both units practising independent accounting or not
practising independent accounting.

Article 12

For operation of central railways, the taxpayer shall be the Ministry of Railways. For operation of joint venture railways, the taxpayers
shall be joint railway ventures. For operation of local railways, the taxpayers shall be the local railway management organizations.
The taxpayers of feeder lines for capital construction are the organizations in charge of the feeder lines.

Units engaging in waterway shipping, air transport, pipeline transport or other land transportation operations and bearing the business
tax obligations are transport units with gains and losses computed.

Article 13

Fees collected by legislative organs, judicial organs and administrative organs are not subject to business taxes if the following
requirements are met:

1.

Fees collected under the permission and conforming to standards as set in official documents issued by State Council and provincial
people’s governments and the financial and pricing departments;

2.

Fees are directly collected by legislative organs, judicial organs and administrative organs.

Article 14

The term “additional expenses” mentioned in Article 5 of the Regulations refers to money collected as commissions, fund, fees for
raising funds, payment for others, advance payments and other extra- price collections.

All the expenses in addition to prices, irrespective of the methods of accounting, shall be included in the business turnover and
taxed accordingly.

Article 15

If a taxpayer is found to have provided taxable labor services, transferred intangible assets or sold immovable properties at prices
obviously on the low side without justifiable reasons, the tax authorities in charge shall determine the business turnover according
to the following sequence of order:

1.

It shall be determined according to the averaged prices of similar taxable labor services or similar immovable properties sold in
the same month by the taxpayer;

2.

It shall be determined according to the averaged prices of similar taxable labor services provided or similar immovable properties
sold in the latest period by the taxpayer;

3.

The formula for tax assessment price is:

Tax assessment price = Cost of business operations or cost of projects * (1 + profit rate on costs)/ (1 – business tax rate)

The profit rate on costs in the formula shall be determined by the tax authorities of the people’s governments of various provinces,
autonomous regions and municipalities directly under the Central Government.

Article 16

If a taxpayer settles its business turnover in foreign currencies according to the provisions of Article 4 of the Regulations, the
conversion of the amount into Renminbi shall be made according to the exchange rate (usually the medium rate) quoted by the State
in the day when the sales occur or on the first day of the month. But for conversions made for the business turnover of financial
and insurance enterprises, the exchange rate fixed in the final account statement of the preceding year shall be used.

The taxpayer should decide which conversion rate is to be adopted in advance and the corresponding rate decided upon shall remain
unchanged within a year.

Article 17

The business turnover of transport enterprises in carrying out through transport shall be the turnover actually obtained.

“Other cases” referred to in Subparagraph 6 of Article 5 of the Regulations include tourism enterprises organizing China tours. For
which the business turnover shall be the tourism fees collected minus the fees for hotel rooms, food, transport, tickets and other
expenses paid to other units concerned for the tourists.

Article 18

In building, repairing and decoration businesses, the business turnovers of taxpayers shall include, irrespective of its method of
settlement, the price value of the raw materials and other materials and power needed in the projects.

For installation operations, the business turnover of a taxpayer shall include the price value of equipment if the value of the equipment
installed includes the output value of the installed project.

Article 19

Business turnovers for projects built by one’s own effort as provided for in Article 4 of the Rules shall be fixed according to the
provisions of Article 15 of the Rules.

Article 20

The term “transference of credit” mentioned in Subparagraph 4 of Article 5 of the Regulations refers to the lending to others of
money borrowed from other sources. The lending of deposits by individuals or units or capital fund to others do not fall into the
kind.

Article 21

For re-insurance, the business turnover of the primary insurance is the total premium minus premium for re-insurers.

Article 22

In organizing art performances, the business turnover of a unit or an individual shall be the total box-office income or total contract
income minus the fees paid to units or producing companies who own the performing sites or brokers.

Article 23

The business turnover of recreational industry is all the charges collected from customers, including ticket fees, table fees, fees
for naming songs, fees for cigarettes, wines and soft drinks and other fees.

Article 24

The business turnover of a tourism unit shall be the total collection of fees minus the fees on food, lodging and transport paid to
other units concerned for the tourists.

If a tourism enterprise organizes a tour within the territory and hands it over to another tourism enterprise half way through, its
business turnover shall be determined in reference to the provisions of Subparagraph 2 of Article 5 of the Regulations.

Article 25

In donation of immovable properties gratis to others, the business turnover of the unit shall be fixed according to the provisions
of Article 15 of the Rules.

Article 26

The items of partly credit of taxes as provided for in Article 6 of the Regulations shall be limited to the following:

1.

The labor services provided by handicapped persons mentioned in Subparagraph 2 of Article 1 of the Regulations refer to the labor
services provided to the society by the handicapped persons themselves.

2.

The term “the medical services provided by hospital, clinics and other medical organization” mentioned in Subparagraph 3 of Article
1 of the Regulations refers to services provided to patients in diagnosis, treatment, prevention against diseases, birth delivery
and family planning and the medicines, medical instruments, wards and food provided in association with these services.

3.

The term “schools and other educational organizations” mentioned in Subparagraph 4 of Article 1 of the Regulations refers to regular
schools and schools set up with the approval of the people’s governments at and above the prefectural and country levels or of education
administrative departments at the same levels with the State recognizing the schooling of the students therein.

4.

The term “ploughing by machines in agriculture” mentioned in Subparagraph 5 of Article 1 of the Regulations refers to operations
(including ploughing, planting, harvesting, threshing and plant protection) done by machines in agriculture, forestry and livestock
breeding.

Drainage and irrigation refer to the operations of draining and irrigating the cropfields.

Pest prevention and control refer to the prediction, prevention and control of pests in agriculture, forestry, livestock breeding
and fisheries.

Agriculture insurance refers to providing insurance for plant culture, breeding and the culture and breeding of animals and plants.

Training in related technology refers to technical training in ploughing, draining and irrigation by machines, pest prevention and
control and plant protection as well as knowledge on insurance of agriculture and animal husbandry for peasants.

Tax credit for the mating and disease control of poultry, livestock and aquatic animals covers the provision of medicine and medical
instruments associated with the related labor service.

5.

“Cultural activities conducted by memorials, museums, cultural palaces, art galleries, exhibition centers, calligraphy and arts academies,
libraries and cultural relics protection units” mentioned in Subparagraph 6 of Article 1 refer to cultural and sports activities
subject to taxation held in their own sites. The box-office income refers to the income from the tickets sold at the first front
gates.

Box-office income from the cultural and religious activities held in religious sites refers to income from selling tickets for cultural
and religious activities held in temples, mosques and churches.

Article 27

Starting point for levying business tax as mentioned in Article 8 of the Regulations applies to individuals only.

The starting point for levying business tax is as follows:

Starting point for taxes levied in periods shall be for monthly turnover of RMB 200-800;

Starting point for taxes levied in installments shall be for daily turnover of RMB 50;

When the business turnover of a taxpayer has reached the starting point, the taxable amount shall be computed according to the full
business turnover.

The tax collecting bureaus under the people’s governments of various provinces, autonomous regions and municipalities directly under
the Central Government shall fix the starting points within the stipulated range for levying business tax for their own areas in
line with actual circumstances and submit them to the State Tax Administration for the record.

Article 28

The time for the tax obligations to occur in transferring and use rights or selling immovable properties under an advance payment
is the very day when the advance payment is received.

The times for tax obligations for whom who engages in building projects in own efforts as mentioned in Article 4 of the Rules is
the very day when the building structure is sold and business turnover is received or the document for collecting the business turnover
is received.

The time for tax obligations of a taxpayer who donates immovable properties to others is the day when the ownership of the immovable
properties is transferred.

Article 29

The other withholding agents mentioned in Article 11 of the Regulations are:

1.

For a unit or individual outside China that has committed taxable acts but has not operating organizations inside China, the entrusted
agent will be the withholding agent but when there is not an entrusted agent, the buyer or the consignee will be the withholding
agent.

2.

For units or individuals that organize art performances with the tickets being sold by others, the ticket sellers shall be the withholding
agents.

3.

If the broker for the performance is an individual, the ticket seller shall be the withholding agent.

4.

For re-insurance business, the primary insurer shall be withholding agent.

5.

For an individual who transfers other intangible assets mentioned in Subparagraph 2 of Article 12 of the Regulations, the consignee
shall be the withholding agent.

Article 30

When providing taxable labor services in other counties (cities), the taxpayers should file tax returns with the tax authorities of
the localities. If the taxpayers fail to file tax returns there, the tax authorities of the places where their organizations are
located or the place of their residence shall levy the tax in retrospect.

Article 31

When contracting for a project which concerns more than one province, autonomous region or municipality directly under the Central
Government, the taxpayer should file tax returns with the tax authorities in place where the organization of the taxpayer is located.

Article 32

If a taxpayer has committed taxable acts within its own province, autonomous region or municipality but wants to change the place
of tax payment, the case shall be determined by the tax authorities of the people’s government of its province, autonomous region
or municipality directly under the Central Government.

Article 33

The term of tax payment for enterprises of the financial industry (not including pawn shops) is three months.

The term of tax payment for insurance firms is one month.

Article 34

The terms “more than” or “less than” mentioned in the Rules all include the base figure.

Article 35

The power of interpreting the Rules rests with the Ministry of Finance or the State Tax Administration.

Article 36

The Rules shall enter into force as of the date of promulgation of the Regulations. At the same time, the Rules for the Implementation
of the Regulations (draft) of the People’s Republic of China on Business Taxissued by the Ministry of Finance on September 28, 1984
shall be nullified.



 
The Ministry of Finance
1993-12-25

 






REGULATIONS CONCERNING THE EXPLOITATION OF ON-SHORE PETROLEUM RESOURCES IN COOPERATION WITH

Category  FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1993-10-07 Effective Date  1993-10-07  


Regulations of the People’s Republic of China Concerning the Exploitation of On-shore Petroleum Resources in Cooperation With

Chapter I  General Provisions
Chapter II  Rights and Obligations of Foreign Contractors
Chapter III  Petroleum Operations
Chapter IV  Settlement of Disputes
Chapter V  Legal Liability
Chapter VI  Supplementary Provisions

Foreign Enterprises

(Promulgated by Decree No.131 of the State Council on, and effective as

of, October 7, 1993)
Chapter I  General Provisions

    Article 1  These Regulations are formulated in order to safeguard the
development of the petroleum industry and to promote international economic
cooperation and technical exchange.

    Article 2  These Regulations must be observed in all activities involving
Chinese-foreign cooperative exploitation of on-shore petroleum resources in
the People’s Republic of China.

    Article 3  Ownership of the petroleum resources within the territory of
the People’s Republic of China shall vest in the State of the People’s
Republic of China.

    Article 4  The Government of China protects according to law the
cooperative exploitation activities, investments, profit and other lawful
rights and interests of foreign enterprises participating in the cooperative
exploitation of on-shore petroleum resources.

    Activities in the People’s Republic of China involving the cooperative
exploitation of on-shore petroleum resources must comply with the relevant
laws, rules and regulations of the People’s Republic of China and shall be
subject to supervision and control by the relevant authorities of the
Chinese Government.

    Article 5  The State Will not requisition the investment and gains of
foreign enterprises participating in the cooperative exploitation of on-shore
petroleum resources. In special circumstances, when the public interest
requires, part or all of the petroleum due to the foreign enterprise in
connection with cooperative exploitation may be requisitioned according to
legal procedures. In case of such requisitioning, appropriate compensation
shall be paid.

    Article 6  A department or unit authorized by the State Council shall be
responsible for demarcating cooperation blocks, determining the forms of
cooperation, arranging for the formulation of relevant plans and policies,
and examining and approving overall development programs for oil(gas) fields
in cooperation with foreign enterprises, for the cooperation areas approved
by the State Council.

    Article 7  China National Petroleum and Natural Gas Corporation shall be
responsible for business matters in respect of the exploitation of on-shore
petroleum resources in cooperation with foreign enterprises, and for
negotiating, entering into and implementing contracts for the cooperative
exploitation of on-shore petroleum resources with foreign enterprises. China
National Petroleum and Natural Gas Corporation shall have the exclusive right
to engage in petroleum exploration, development and production in cooperation
with foreign enterprises in areas approved by the State Council for
exploitation of on-shore petroleum resources in cooperation with foreign
enterprises.

    Article 8  Following invitations to bid or negotiations, China National
Petroleum and Natural Gas Corporation shall enter into contracts with foreign
enterprises for the cooperative exploitation of on-shore petroleum resources
in the cooperation blocks demarcated in the areas approved by the State
Council for exploitation of on-shore petroleum resources in cooperation with
foreign enterprises. Such contracts shall be formed only after they have been
approved by the Ministry of Foreign Trade and Economic Cooperation of the
People’s Republic of China.

    In addition to the contracts referred in the preceding paragraph, China
National Petroleum and Natural Gas Corporation may also enter into other
cooperation contracts with foreign enterprises in respect of areas approved
by the State Council for cooperative exploitation of on-shore petroleum
resources. Such contracts must be submitted to the Ministry of Foreign Trade
and Economic Cooperation of the People’s Republic of China for the record.

    Article 9  After a block has been declared open to foreign cooperation,
China National Petroleum and Natural Gas Corporation may engage in
cooperative exploitation of on-shore petroleum resources with foreign
enterprise(s) and, other than that, no enterprise may enter such block to
prospect for petroleum or may enter into an economic and technical cooperation
agreement with foreign enterprise(s) for petroleum exploitation in such block.

    Any enterprise that has entered and is prospecting for petroleum (in the
area appraisal prospecting stage) in a block declared open to foreign
cooperation prior to the time such declaration has been made shall withdraw
from such block when China National Petroleum and Natural Gas Corporation and
the foreign enterprise have entered into a contract. China National Petroleum
and Natural Gas Corporation shall be responsible for selling the prospecting
data obtained by such withdrawing enterprise, so as to compensate the
enterprise for its investment in an appropriate manner. After an oil(gas)
field with commercial exploitation value is discovered in such block, the
enterprise that withdraws from the block may participate in development by
investment.

    A department or unit authorized by the State Council shall periodically
adjust the blocks which have been determined as open blocks based on the
circumstances of entry into and implementation of the contracts.

    Article 10  In the exploitation of on-shore petroleum resources in
cooperation with foreign enterprises, the principle of taking both central
and local interests into consideration shall be observed. Appropriate
consideration shall be given to local interests by methods such as attracting
funds from the place where an oil(gas) field with commercial exploitation
value is located for investment in the development of such field.

    The relevant local People’s Governments shall protect normal production
and business activities carried out in cooperation areas according to law
and shall render effective assistance in respect of land use, road access and
living amenities, etc.

    Article 11  In the cooperative exploitation of on-shore petroleum
resources, taxes shall be paid according to law; in addition, royalties shall
be paid.

    Employees of enterprises engaged in the cooperative exploitation of
on-shore petroleum resources shall pay tax on their income according to law.

    Article 12  Duties and taxes on equipment and materials imported for the
purpose of implementing contracts shall be reduced or exempted, or other
preferential treatment shall be granted in respect of such duties and taxes,
in accordance with relevant regulations of the State. The measures shall
be formulated by the Ministry of Finance in conjunction with the General
Administration of Customs.
Chapter II  Rights and Obligations of Foreign Contractors

    Article 13  To engage in cooperative exploitation of on-shore resources,
China National Petroleum and Natural Gas Corporation and foreign enterprises
must conclude contracts. Unless laws, regulations or the contract provide
otherwise, the foreign enterprise entering into the contract (hereinafter
referred to as “Foreign Contractor”) shall solely provide the investment to
carry out exploration, be responsible for the exploration operations and bear
all exploration risks. After the discovery of an oil(gas) field with
commercial exploitation value, the Foreign Contractor and China National
Petroleum and Natural Gas Corporation shall jointly invest in cooperative
development. The Foreign Contractor shall undertake the development and
production operations, until production operation are taken over by China
National Petroleum and Natural Gas Corporation as stipulated in the contract.

    Article 14  Foreign Contractors may, in accordance with the provisions of
the contract, recover their investment and expenses, and obtain remuneration
out of the petroleum produced.

    Article 15  Foreign Contractors may transport the petroleum due to them
and the petroleum purchased by them out of the country, and they may also
remit the investment recovered by them, their profits and their other lawful
gains out of the country, in accordance with the relevant regulations of the
State and the provisions of the contracts.

    If a Foreign Contractor sells the petroleum due to it within the territory
of the People’s Republic of China, such petroleum shall be purchased
exclusively by China National Petroleum and Natural Gas Corporation.

    Article 16  Foreign Contractors shall open accounts with banks within the
territory of the People’s Republic of China that have obtained approval to
engage in foreign exchange business, and shall abide by State regulations on
foreign exchange control.

    Article 17  Foreign Contractors shall establish branches or
representative offices within the territory of the People’s Republic of China
according to law.

    Article 18  In implementing the contracts, Foreign Contractors shall
employ advanced technology and management experience. In addition, they shall
transfer technology and pass on experience to Chinese personnel and train
such personnel.

    In their petroleum operations, Foreign Contractors shall gradually
increase the ratio of Chinese personnel employed.

    Article 19  In the course of implementing the contracts, Foreign
Contractors shall timely and accurately report on the petroleum operations
to China National Petroleum Natural Gas Corporation, obtain complete and
accurate data, records, samples, vouchers and other original information in
respect of all petroleum operations, and submit information, samples and
various reports in respect of technical, economic, financial, accounting and
administrative aspects to China National Petroleum and Natural Gas Corporation
in accordance with regulations.

    Article 20  After a Foreign Contractor has been compensated for its
investment in accordance with the contract or after the production period of
oil(gas) field in question has expired, post_title to all assets purchased and
manufactured by the Foreign Contractor according to the plan and the budget
for implementation of the contracts, except for equipment leased from third
parties, shall vest in China National Petroleum and Natural Gas Corporation.
During the term of the contract, the Foreign Contractor may use such assets
in accordance with the contract.
Chapter III  Petroleum Operations

    Article 21  The operators must formulate overall development programs for
oil(gas) fields in accordance with the regulations of the State concerning the
exploitation of petroleum resources, and shall carry out development and
production operations after such programs have been approved by a department
or unit authorized by the State Council.

    Article 22  Given equal conditions in and outside China, the operators
shall to the extent possible give preference to purchase in China of the
machinery, equipment, raw materials, accessories, means of transportation and
office articles required for the petroleum operations.

    With respect to the personnel and subcontractors required for the
petroleum operations, the operators shall give preference to the employment of
Chinese citizens and subcontractors, as stipulated in the contracts.

    Article 23  In carrying out petroleum operations, operators and
subcontractors shall observe State laws, regulations and standards concerning
environmental protection and operational safety, carry out their operations
according to international practice, protect farmland, aquatic resources,
forest reserves and other natural resources, and prevent pollution of and
damage to the atmosphere, oceans, rivers, streams, lakes, groundwater and
other land environments.

    Article 24  The use of land in the course of petroleum operations shall
be handled in accordance with the Law of the People’s Republic of China on
the Administration of Land and other relevant regulations of the State.

    Article  25  post_title to all data, records, samples, vouchers and other
original information in respect of all petroleum operations as referred to
in Article 19 hereof shall vest in China National Petroleum and Natural Gas
Corporation.

    The use, assignment, donation, exchange, sale, publication, and transport
or transmission out of the People’s Republic of China, of data, records,
samples, vouchers and other original information as mentioned in the
preceding paragraph must be in accordance with the relevant regulations of
the State.
Chapter IV  Settlement of Disputes

    Article 26  Any dispute between the parties to a contract for the
cooperative exploitation of on-shore petroleum resources that arises from the
implementation of the contract shall be resolved through consultations or
mediation. If the parties are not willing to resolve the dispute through
consultations or mediation, or if consultation or mediation is unsuccessful,
the dispute may be submitted for arbitration by a Chinese arbitration
institution or another arbitration institution in accordance with the
arbitration clause in the contract or a written arbitration agreement entered
into subsequently.

    If the parties have neither included an arbitration clause in their
contract nor reached a subsequent written arbitration agreement, proceedings
may be instituted in a People’s Court of China.
Chapter V  Legal Liability

    Article 27  Anyone that violates these Regulations in any of the
following ways may be warned and ordered to rectify the situation within a
prescribed time limit by a department or unit authorized by the State Council
and, if the situation is not rectified within the prescribed time limit, be
ordered to cease petroleum operations; if the violation constitutes a criminal
offense, criminal liability shall be pursued according to law.

    (1) acting in violation of the first paragraph of Article 9 hereof by
entering without authorization a block opened to foreign cooperation to
prospect for petroleum or by signing without authorization a cooperation
agreement with a foreign enterprise for petroleum exploitation in a such
block;

    (2) acting in violation of Article 19 hereof by, in the course of
implementing the contract, failing timely and accurately to report on the
petroleum operations to China National Petroleum and Natural Gas Corporation
or failing to submit information, samples and various reports in respect of
technical, economic, financial, accounting and administrative aspects to China
National Petroleum and Natural Gas Corporation in accordance with regulations;

    (3) acting in violation of Article 21 hereof by carrying out development
and production operations on one’s own authority without having obtained
approval for the overall development program for the oil(gas) field; or

    (4) acting in violation of the second paragraph of Article 25 hereof by
making unauthorized use of data, records, samples, vouchers or other original
information on petroleum operations, or by assigning, donating, exchanging,
selling, publishing the same without authorization, or by transporting or
transmitting the same out of the People’s Republic of China without
authorization.

    Article 28  Anyone that violates Articles 11, 16, 23 and 24 hereof shall
be punished by the relevant department-in-charge of the State in accordance
with relevant laws and regulations. If the violation constitutes a criminal
offense, criminal liability shall be pursued according to law.
Chapter VI  Supplementary Provisions

    Article 29  For the purpose of these Regulations, the following terms
shall have the meanings assigned to them below:

    (1) the term “petroleum” shall mean underground crude oil and natural gas
that is being or has been extracted;

    (2) the term “on-shore petroleum resources” shall mean underground
petroleum resources anywhere within the on-shore area (including sea beaches,
islands and marine areas extending from the on-shore area up to a water depth
of 5 meters);

    (3) the term “exploitation” shall mean the exploration for and the
development, production and sale of petroleum, as well as activities in
connection therewith;

    (4) the term “petroleum operations” shall mean exploration, development
and production operations carried out in order to implement a contract, as
well as activities in connection therewith;

    (5) the term “exploration operations” shall mean all work carried out to
find oil-bearing traps by various means such as geological, geophysical and
geochemical means, including the drilling of exploration wells, as well as all
work carried out to determine whether a discovered petroleum trap has
commercial value, such as the drilling of appraisal wells, feasibility
studies and preparation of overall development programs for the oil(gas) field;

    (6) the term “development operations” shall mean all designing,
manufacturing, installation and drilling projects, and the corresponding
research, carried out as from the date of approval of the overall development
program for the oil(gas) field for the purpose of realizing petroleum
production, including production activities carried out prior to the
commencement of commercial production;

    (7) the term “production operations” shall mean all operations carried
out for the purpose of petroleum production as from the date of commencement
of the commercial production of an oil(gas) field as well as all activities
in connection therewith.

    Article 30  Articles 4, 11, 12, 15, 16, 17 and 22 hereof shall be
applicable to foreign subcontractors.

    Article 31  These Regulations shall become effective on the date of
promulgation.





REGULATIONS ON EMERGENCY MEASURES FOR NUCLEAR ACCIDENTS AT NUCLEAR POWER PLANTS

Category  GEOLOGY, MINERAL RESOURCES AND ENERGY INDUSTRY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1993-08-04 Effective Date  1993-08-04  


Regulations on Emergency Measures for Nuclear Accidents at Nuclear Power Plants

Chapter I  General Provisions
Chapter II  Emergency Organizations and Their Responsibilities
Chapter III  Emergeney Preparedness
Chapter IV  Emergency Countermeasures and Emergency Protective Measures
Chapter V  Termination of Emergency situation and Recovery Measures
Chapter VI  Funds and Guarantee of Material Resources
Chapter VII  Awards and Sanctions
Chapter VIII  Supplementary Articles

(Promulgated by Decree No.124 of the State Council of the People’s

Republic of China on August 4, 1993)
Chapter I  General Provisions

    Article 1  The present regulations are enacted to strengthen the emergency
management for nuclear accidents at nuclear power plants, and to control and
mitigate harmfulness of nuclear accidents.

    Article 2  The present regulations are applicable to the emergency
management for nuclear accidents at nuclear power plants (hereafter referred
to as the “nuclear accidents”) which are likely to cause or have caused
release of radioactive materials with significant radiological consequences.

    Article 3  The orientational principles shall be implemented in the
emergency management for nuclear accidents: Constant Vigilance, Versatile
Compatibility, Unified Direction, Active Co-ordination, Public Safeguard and
Environmental Protection.
Chapter II  Emergency Organizations and Their Responsibilities

    Article 4  The department assigned by the State Council is responsible
for the nationwide emergency management for nuclear accidents.

    Its main functions are:

    1. to draw up the national policies for emergency management for nuclear
accidents;

    2. to uniformly co-ordinate emergency activities of departments concerned
in the State Council, the Army and local governments;

    3. to organize elabortion and implementation of the national emergency
plan for nuclear accidents; to review and approve the off-site emergency plan;

    4. to approve the initiation and termination of the off-site emergency
condition at due time;

    5. to make suggestions on implementing emergency response actions for
nuclear accidents; and

    6. to examine and approve communiques on nuclear accidents and
international notifications, to work out the scheme for requesting
international assistance.

    If necessary, the nationwide emergency management for nuclear accidents
shall be directed, organized and co-ordinated by the State Council.

    Article 5  The department assigned by the people’s government of the
province, autonomous region or directly subordinate municipality, in whose
area the nuclear power plants are located, shall be responsible for emergency
management for nuclear accidents, occurring within its jurisdictional area.

    Its main functions are:

    1. to implement national emergency regulations and policies for nuclear
accidents;

    2. to organize elaboration of the off-site emergency plan and accomplish
emergency preparedness;

    3. to uniformly command off-site emergency responses of nuclear accident;

    4. to organize assistance to emergency response of nuclear accident; and

    5. to notify timely the nuclear accident situation to the people’s
government of neighbouring provinces, autonomous regions or directly
subordinate municipalities.

    If necessary, the government of the province, autonomous region or
directly subordinate municipality should direct, organize and co-ordinate
emergency management of nuclear accidents, occurring within its jurisdictional
area.

    Article 6  The main functions of the emergency organization of nuclear
accidents of a nuclear power plant are:

    1. to implement national emergency regulations and policies for nuclear
accidents;

    2. to elaborate on-site emergency plan of nuclear accident and accomplish
emergency preparedness;

    3. to determine the categories of emergency condition of the nuclear
accident and implement the unified command of emergency responses in the
plant;

    4. to report timely the accident situation to the higher competent
authority of the plant, the nuclear safety authority of the State Council and
the department assigned by the provincial government and put forward
recommendations about off-site emergency condition and relevant emergency
protective measures; and

    5. to support and co-ordinate the departments assigned by the people’s
government at the provincial level, dealing with the emergency management for
nuclear accidents.

    Article 7  The higher competent authority of the nuclear power plant
takes the responsibility for leadership of nuclear accident emergency tasks
of the plant.

    The authorities of nuclear safety, environmental protection, public health
and others concerned of the State Council should accomplish the relevant
emergency tasks of nuclear accidents each according to their own
responsibilities.

    Article 8  As the important forces in emergency activities of nuclear
accidents, the People’s Liberation Army of China should provide effective
support in emergency responses of nuclear accidents.
Chapter III  Emergeney Preparedness

    Article 9  The on-site emergency organization of a nuclear power plant,
the department assigned by the provincial people’s government and the
department assigned by the State Council should work out in advance the
emergency plans for nuclear accidents, directing toward the nuclear accidents
that may occur at the nuclear power plant.

    The emergency plans include on-site emergency plan, off-site emergency
plan, and national emergency plan. The emergency plans at different levels
should be dovetailed and coordinated with each other.

    Article 10  The on-site emergency plan will be worked out by the
emergency organization of the nuclear power plant. After being reviewed by the
higher competent authority of the nuclear power plant, the plan should be
submitted to the nuclear safety authority of the State Council for assessment
and the department assigned by the State Council for record.

    Article 11  The off-site nuclear emergency plan will be elaborated under
the organization of the department assigned by the people’s government of the
province in whose area the nuclear power plant is located and submitted to the
department assigned by the State Council for review and approval.

    Article 12  The national emergency plan will be elaborated under the
organization of the department assigned by the State Council.

    The relevant departments of the State Council and the General Department
of the People’s Liberation Army of China should elaborate their corresponding
emergency procedures for nuclear accidents respectively, according to the
national nuclear emergency plan, which shall be submitted to the department
assigned by the State Council for record.

    Article 13  The on-site and off-site nuclear emergency plans should
include the following contents:

    1. The elementary tasks of nuclear accident emergency;

    2. The emergency organizations of nuclear accidents and their functions;

    3. The range of plume emergency planning zone and ingestion emergency
planning zone;

    4. The intervention levels and the derived intervention levels;

    5. The detailed implementing procedures of nuclear emergency preparedness
and response;

    6. Emergency facilities, equipments, apparatus, other related materials
and goods; and

    7. The items and measures for mutual co-ordination and assistance between
the on-site emergency organization of the nuclear power plant and the
department assigned by the provincial people’s government as well as other
relevant organizations.

    Article 14  The requirements for nuclear accident emergency should be
taken into consideration in siting and designing of a nuclear power plant.

    The first fuel loading of a newly built nuclear power plant shall be
conducted only after its on-site and off-site nuclear emergency plans have
been reviewed and approved.

    Article 15  The department assigned by the State Council, the department
assigned by the provincial people’s government, and the emergency organization
of the nuclear power plant should maintain in their possession the necessary
emergency facilities, equipments, and expeditional and reliable  communication
systems to interlink among themselves.

    The emergency organizations of the nuclear power plant and the department
assigned by the provincial people’s government should maintain in their
possession the radiation monitoring systems, protective equipments and
materials, medicine and medical instruments, and other necessary materials
and goods.

    The facilities, equipments, communication systems, radiation monitoring
systems, protective equipments and materials, medicine and medical
instruments, etc. which are used for nuclear emergency should be maintained in
good conditions.

    Article 16  The nuclear power plant should give the staff special
training in nuclear safety, radiation protection and nuclear accident
emergency.

    The department assigned by the provincial people’s government should give
universal education on nuclear safety, radiation protection and nuclear
accident emergency to the public in the vicinity of the nuclear power plant,
with assistance provided by the nuclear power plant.

    Article 17  The emergency organization of the nuclear power plant and the
department assigned by the provincial people’s government should give their
emergency personnel special training.

    Article 18  The emergency organization of the nuclear power plant and the
department assigned by the provincial people’s government should organize
and conduct emergency drills of different specialities and exercises of
diffferent scopes based on appropriate schedule.

    On-site and off-site emergency exercises should be organized and conducted
by the emergency organization of the nuclear power plant and the department
assigned by the provincial people’s government before the first fuel loading
of the nuclear power plant.
Chapter IV  Emergency Countermeasures and Emergency Protective Measures

    Article 19  The nuclear emergency situation is categorized into the
following four classes:

    1. Emergency Standby: In case specific conditions or external events
arise which may lead to endanger the safety of the nuclear power plant,
appropriate plant personnel are placed on standby condition.

    2. Plant Emergency: In case the accident consequences are only confined to
a limited section of the plant, on-site personnel are activated and
appropriate off-site emergency organization are notified according to the
on-site emergency plan.

    3. Site Emergency: In case the accident consequences spread over the site,
the on-site personnel are activated and off-site department assigned by the
provincial people’s government is notified, some off-site emergency
organizations may be activated to take emergency response actions.

    4. Off-site Emergency: In case the accident consequences extend beyond the
site boundary, the on-site and off-site emergency plans are to be executed.

    Article 20  While the emergency condition “Emergency Standby” is declared
at a nuclear power plant, the on-site emergency organization should promptly
report the accident situation to the higher competent authority of the nuclear
power plant and the national nuclear safety authority of the State Conucil and
determine whether to report it to the department assigned by the provincial
people’s government according to the situation. In case of situation, where
potential or actual release of radioactive materials occur, “Plant Emergency”
or “Site Emergency” shall be declared timely, depending on the situation, and
the on-site emergency organization should promptly report the accident
situation to the higher competent authority of the nuclear power plant, the
nuclear safety authority of the State Council and the department assigned by
the provincial people’s government. If the release of radioactive materials
may or has extended beyond he site boundary, the on-site emergency
organization should recommend timely the department assigned by the provincial
people’s government to declare “off-site emergency”, and take appropriate
protective measures.

    After receiving the report on accident situation from the on-site
emergency organization of the nuclear power plant, the department assigned by
the provincial people’s government should promptly take appropriate emergency
countermeasures and emergency protective measures and report it to the
department assigned by the State Conucil in time. Declaration of “Off-site
Emergency” should be approved by the department assigned by the State Council.
Under special urgent situation, the department assigned by the provincial
people’s  government can declare “Off-site Emergency” in advance, but report
to the department assigned by the State Council is needed forthwith.

    Article 21  The on-site emergency organizations of nuclear power plant
and the depanment assigned by provincial people’s government should perform
the prediction and assessment of the accident consequences and monitor
radiological levels in the surrounding environment to provide a basis on which
the emergency countermeasures and emergency protective measures can be taken.

    Article 22  The department assigned by the provincial people’s government
should select and implement timely emergency protective measures such as
sheltering, taking stable iodine, control of access, control of food and water
supply, evacuation, relocation, decontaimination of affected areas, etc.

    Article 23  The department assigned by the provincial people’s government
should release the necessary information of the emergency situation to the
local public during the period of the emergency response.

    Article 24  All emergency organizations on the accident scene sheuld
implement effective dose surveillance. All emergency response personnel and
other personnel on the scene should act under the supervision and guidane of
radiation protection personnel to prevent over-exposure as much as possible.

    Article 25  The emergency organization of the nuclear power plant and the
department assigned by the provincial people’s government should administer
first aid, decontamination, transportation and medical treatment to exposed
or contaminated people on the accident scene.

    Article 26  When “Off-site Emergency” is declared, the department assigned
by the State Council should dispatch timely appropriate personnel to the
accident scene, to guide emergency response activities and put forward
recommendations on sending rescue forces, if necessary.

    Article 27  Area blockade can be enforced according to the requirement of
emergeney response. The decision on area blockade within the administrative
region of a province, autonomous region and directly subordinate municipality
should be made by the people’s government of the province, autonomous region
and directly subordinate municipality respectively. If the area blockade
crosses the border of a province, autonomous region and directly subordinate
municipality, as well as blockage of main lines of traffic or in the closure
of the national boundary, the decision shall be made by the State Council.

    Deblocking of the area blockade should be declared by the authority which
made the decision previously.

    Article 28  The news about a nuclear accident shall be released by an
agency authorized by the State Council.
Chapter V  Termination of Emergency situation and Recovery Measures

    Article 29  A recommendation on termination of “Off-site Emergency” shall
be made by the department assigned by the provincial people’s government in
cooperation with the emergency organization of the nuclear power plant and
reported to the department assigned by the State Council for approval, and
then declared by the department assigned by the provincial people’s
government.

    Article 30  The department assigned by the provincial people’s government
should take the effective recovery measures in accordance with the radioactive
contamination levels on the affected areas.

    Article 31  After the terminatitn of emergency situation, the emergency
organization of nuclear power plant shuld submit a detailed report concerning
the accident to the department assigned by the State Council, the higher
competent authority of the nuclear power plant, the nuclear safety authority
of the State Council and the department assigned by the provincial people’s
government. The department assigned by the provicial people’s government
should submit a summary report on off-site emergency to the department
assigned by the State Council.

    Article 32  The restarting program of the nuclear power plant should be
reviewed and approved according to the national relevant regulations, in case
safety functions of the items important to nuclear safety do not meet the
national nuclear safety standards as a result of the nuclear accident.
Chapter VI  Funds and Guarantee of Material Resources

    Article 33  The related departments of the State Council, the Army, the
ioeal people’s government at different levels and nuclear power plant should
make effectively utilize existing organizations, manpower, facilities and
equipment etc. in nuclear accident emergency preparedness and make great
efforts to utilize effectively the funds and material resources for nuclear
accident emergency preparedness, and coordinate together with the local and
nuclear power plant’s development programmes taking into consideration of
nuclear accident emergency preparedness. All relevant organizations should
provide assistance.

    Article 34  The fund for on-site nuclear accident emergency preparedness
will be borne by nuclear power plant, and it be will listed in the capital
expenditure budget and operation cost of the nuclear power plant.

    The fund for off-site nuclear accident emergency preparedness wi]l be
borne by the nuclear power plant together with the local people’s government.
The amount of the fund will be examined and determined by the department
assigned by the State Council in co-operation with other related departments.
The percentage of fund to be borne by the nuclear power plant for off-site
emergency is determined according to its capacity before operation and to its
actual electricity generation after operation. These funds should be used for
off-site nuclear accident emergency preparedness after overall balance by
planning department of the State Council. The rest of the fund will be
provided by the local people’s government. The detailed rules shall be
stipulated by the department assigned by the State Council in co-operation
with the planning department and finance department of the State Council.

    The fund for nuclear accident emergency preparedness of the related
departments of the State Council and the Army shall be provided, taking into
account full use of the existing conditions, in accordance with their duties
and tasks in the nuclear accident emergency, the inadquate part of the funds
shall be reported to their competent authorities through their own planning
and finance channels.

    Article 35  National and local departments of goods and material supplies
as well as other related departments should ensure supply of necessary
equipments and other materials for nuclear accident emergency preparedness
and response.

    Article 36  For the requirement of nuclear accident emergency response,
the administrative agencies, who’s implementing emergency response actions,
have the right to commandeer the equipments, and other materials, which were
not specially used for the purpose of emergency response originally.

    The commandeered equipment or other materials should be registered and
returned after use; if damaged, the loss will be compensated by the
commandeering agencies.
Chapter VII  Awards and Sanctions

    Article 37  The units or individuals accomplishing one of the following
exemplary conducts in the nuclear accident emergency activities will be
commended or awarded by the competent authority or their affiliating
organization.

    1. to accomplish their nuclear accident emergency response tasks;

    2. to have achieved prominent achivements in protecting the safeguard of
the public and the properties of the State, the collective or citizen;

    3. to make important suggestions on nuclear accident emergency
preparedness and response, and the suggestions result in remarkable
effectiveness;

    4. to accomplish accurate and timely radiological measurements and
prediction, and as a result, mitigating losses; or

    5. to make other distinguished contributions.

    Article 38  The affiliating organization or higher management authority
will give disciplinary sanction to the responsible person for one of the
following actions depending on the harm caused and the seriousness of the
consequences: if it is in violation of rules of public laws, the public
security organization will penalize him/her according to laws of public
order management and punishment; if it is a criminal offense, the judicial
organization will investigate and affix his/her eriminal responsibility for
the crime according to legislation.

    1. not to work out nuclear accident emergency plan in accordnce with
relevant regulations, refuse to fulfill the obligations of nuclear accident
emergency preparedness;

    2. to neglect him/her duty and result in a nuclear accident;

    3. not to report and notify the real situation of the nuclear accident in
accordance with relevant regulations;

    4. to refuse to implement the nuclear emergency plan, disobey orders and
directions, or desert at the critical juncture of nuclear accident emergency
response;

    5. to steal, divert or graft funds or goods and materials used for nuclear
accident emergency;

    6. to hinder nuclear accident emergency personnel for implementing their
legal duties or commit sabotage;

    7. to spread rumous and disturb public order; or

    8. to make other actions whick jeopardize nuclear accident emergency work.
Chapter VIII  Supplementary Articles

    Article 39  The meanings of the following terms in the present regulations
are:

    1. Nuclear Accident Emergency

    Emergency actions targeting at controlling or mitigating accident
situation and mitigating accident consequences, which are different from
normal order and working procedure.

    2. Site

    The area which is subjective to the plant management.

    3. Emergency planning Zone

    An area assinged around the nuclear power plant, over which nuclear
emergency plans have been worked out, and emergency countermeasures and
protective measures could be implemented.

    4. Plume Emergency Panning Zone

    The emergency planning zone directing toward plume exposure pathway.

    5. Ingestion Emergency Planning Zone

    The emergency planning zone directing toward exposures resulting from
ingestion of radiocontaminated food or water.

    6. Intervention levels

    The radiation dose levels predetermined for taking protective measures
for the public under abnormal condition.

    7. Derived Intervention Levels

    The concentrations or levels of radioactive materials in the environmental
medium that are derived from the intervention levels.

    8. Emergency Protective Measures

    Protective measures taken for controlling and reducing doses to workers
and the public in a nuclear accident.

    9. Items Important to Nuclear Safety

    The buildings, structures, systems, components and facilities etc, which
are important to the safety of the nuclear power plant.

    Article 40  For the nuclear accident emergency managament of nuclear
facilities other than nuclear power plant, the relevant articles of present
regulations can be consulted in accordance with the specific circumstances.

    Article 41  For nuclear accident emergency that is likely to result or
has resulted in transboundary release of radioactive materials, in addition
to present regulations, the international treaties that the People’s Republic
of China has concluded or taken part in should be implemented, except for the
clauses that the People’s Republic of China has stated to reserve.

    Article 42  The present regulations come into force on the date of
promulgation.





SURVEYING AND MAPPING LAW

Surveying and Mapping Law of the People’s Republic of China

    

CHAPTER I GENERAL PROVISIONS

CHAPTER II SURVEYING AND MAPPING DATUMS AND SYSTEMS

CHAPTER III SURVEYING AND MAPPING PLANS AND THEIR IMPLEMENTATION CHAPTER IV BOUNDARY SURVEYING AND MAPPING

CHAPTER V MANAGEMENT OF SURVEYING AND MAPPING RESULTS

CHAPTER VI PROTECTION OF SURVEYING MARKERS

CHAPTER VII LEGAL RESPONSIBILITY

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 1 This Law is formulated to ensure the smooth development of the undertaking of surveying and mapping and promote the service thereof
to the national economic construction, the building up of the national defence, and scientific research.

   Article 2 All surveying and mapping activities conducted in the territorial air, land and waters, as well as other sea areas under
the jurisdiction of the People’s Republic of China must comply with this Law.

   Article 3 The competent department of surveying and mapping administration under the State Council shall be in charge of
the surveying and mapping work throughout the country. Other relevant departments under the State Council shall
be responsible for the management of surveying and mapping work within their respective departments in line with
the functions and responsibilities assigned to them by the State Council.

The department of surveying and mapping administration of the people’s government of a province, an autonomous region or
a municipality directly under the Central Government shall be in charge of the surveying and mapping work within
its administrative region. Other relevant departments of the people’s government of a province, an autonomous region
or a municipality directly under the Central Government shall be responsible for the management of surveying and
mapping work within their respective departments in line with the functions and responsibilities assigned to them
by the people’s government at the corresponding level.

The competent department of surveying and mapping in the armed forces shall be responsible for the management of surveying and
mapping work of military departments, and shall, in line with the functions and responsibilities assigned to it by
the State Council and the Central Military Commission, be responsible for the management of basic marine surveying and charting
work.

   Article 4 The surveying and mapping datums and standards prescribed by the State shall be employed in surveying and mapping.

   Article 5 The State shall encourage the enhancement of scientific and technological research in surveying and mapping, the adoption
of advanced technology and equipment, and the upgrading of the scientific and technological level in surveying and mapping.

Units and individuals that have made outstanding achievements in surveying and mapping work and related scientific and
technological research shall be awarded.

   Article 6 Every unit and individual shall help facilitate surveying and mapping and must not impede or obstruct surveying and mapping personnel
from carrying out surveying and mapping activities in accordance with relevant regulations.

CHAPTER II SURVEYING AND MAPPING DATUMS AND SYSTEMS

   Article 7 The State shall establish and adopt the nationwide unified geodetic datums, vertical datums, depth datums and gravimetric
datums, and the data thereof shall be examined and verified by the competent department of surveying and mapping administration
under the State Council and, after consultation with other relevant departments under the State Council and the competent
department of surveying and mapping in the armed forces, shall be submitted to the State Council for approval and publication.

   Article 8 The State shall establish a nationwide unified geodetic coordinate system, plane coordinate system, vertical system, geocentric
coordinate system and gravimetric system, and define the classification of orders and classes and precision of the national
geodetic survey, as well as the national basic scale map series and their basic precision. Specific rules shall be formulated
by the competent department of surveying and mapping administration under the State Council after consultation with
other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces,
and submitted to the State Council for approval and publication.

   Article 9 Relatively independent plane coordinate systems may be established in local areas on account of the needs of construction,
urban planning and scientific research.

The establishment of relatively independent plane coordinate systems in large or medium-sized cities, and for large construction
projects, shall, in line with relevant regulations and subject to the approval by relevant departments under the State
Council or by the people’s governments of relevant provinces, autonomous regions or municipalities directly under the
Central Government, be submitted to the competent department of surveying and mapping administration under the State
Council for the record, and such systems shall be connected with the national coordinate system.

CHAPTER III SURVEYING AND MAPPING PLANS AND THEIR IMPLEMENTATION

   Article 10 The competent department of surveying and mapping administration under the State Council shall, in conjunction with
other relevant departments under the State Council or the competent department of surveying and mapping in the armed forces
respectively as the circumstances may require, draw up plans for the national basic surveying and mapping and other
major surveying and mapping projects, and take charge of their implementation according to the division of responsibilities.

Other relevant departments under the State Council shall work out specialized surveying and mapping plans for their
respective departments, and take charge of their implementation after submitting them to the competent department of surveying
and mapping administration under the State Council for the record.

The department of surveying and mapping administration of the people’s government of a province, an autonomous region or
a municipality directly under the Central Government may, if necessary, work out plans for basic surveying and mapping
in local areas and for other major surveying and mapping projects within its demonstrative region, and take charge
of their implementation after submitting them to the competent department of surveying and mapping administration under
the State Council for the record.

The competent department of surveying and mapping in the armed forces shall work out plans for military surveying and mapping,
shall in line with the functions and responsibilities assigned to it by the State Council and the Central Military Commission
draw up plans for basic marine surveying and charting, and shall take charge of their implementation.

   Article 11 The competent department of surveying and mapping administration under the State Council shall, in conjunction with
the department of land administration under the State Council and other relevant departments under the State Council,
draw up cadastral surveying and mapping plans; the competent department of surveying and mapping administration under the
State Council shall in accordance with these plans organize and coordinate cadastral surveying and mapping work.

   Article 12 A unit undertaking surveying and mapping missions must possess the technical personnel, equipment and facilities compatible
with the surveying and mapping work they are engaged in; it shall not undertake any surveying and mapping missions until its
qualification of surveying and mapping has been verified by the competent department of surveying and mapping administration
under the State Council or the department of surveying and mapping administration of the people’s government of the
relevant province, autonomous region or municipality directly under the Central Government.

With respect to units, under the jurisdiction of other relevant departments under the State Council, undertaking surveying
and mapping missions within the specialized scope of their respective departments, their qualification of surveying and mapping
shall be verified by their respective departments.

The competent department of surveying and mapping in the armed forces shall be responsible for the verification of the qualification
of surveying and mapping of military surveying and mapping units.

   Article 13 A unit undertaking surveying and mapping missions shall, before performing any surveying and mapping, register in accordance
with regulations such missions with the department of surveying and mapping administration of the people’s government of the
province, autonomous region or municipality directly under the Central Government where the surveying and mapping project
is located, or with the department authorized by the State Council.

The scope of a surveying and mapping missions that need to be registered shall be defined by the people’s government of the relevant
province, autonomous region or municipality directly under the Central Government or by the department authorized by the State
Council. In the case of a surveying and mapping mission included in the national basic surveying and mapping plans or
in specialized surveying and mapping plans, the department that worked out the surveying and mapping plans shall, before
performing any surveying and mapping, notify the department of surveying and mapping administration of the people’s government
of the province, autonomous region or municipality directly under the Central Government where the surveying and mapping
project is located or the department authorized by the State Council, of the arrangements for the mission;
no further registration for such a mission is required.

Registration for military surveying and mapping missions shall be governed by the relevant regulations of the Central Military
Commission.

   Article 14 Surveying and mapping personnel shall, in conducting surveying and mapping work, hold surveying and mapping
work certificates.

CHAPTER IV BOUNDARY SURVEYING AND MAPPING

   Article 15 Standard sample maps defining the international boundaries of the People’s Republic of China shall be drafted by the Ministry
of Foreign Affairs and the competent department of surveying and mapping administration under the State Council and submitted
to the State Council for approval and publication.

   Article 16 Surveying and mapping of the administrative boundaries between provinces, autonomous regions, municipalities directly under
the Central Government, and between autonomous prefectures, counties, autonomous counties and cities shall be conducted
in accordance with the measures drawn up by the State Council.

   Article 17 Surveying and mapping of the estate boundary location lines of lands, buildings, structures and other aboveground objects attached
to the land shall be conducted in accordance with the estate boundary location points and estate boundary location lines
determined by the local people’s governments at or above the county level or by relevant registration data
and attached maps provided by such governments.

CHAPTER V MANAGEMENT OF SURVEYING AND MAPPING RESULTS

   Article 18 Basic surveying and mapping results and specialized surveying and mapping results completed by other relevant departments under
the State Council or by the relevant departments of the local people’s governments at or above the county level must,
in accordance with regulations, be summarized and submitted in the form of catalogues respectively to the competent
department of surveying and mapping administration under the State Council or the departments of surveying and mapping
administration of the people’s governments of provinces, autonomous regions or municipalities directly under the Central
Government; data and graphs of astronomical surveys, geodetic surveys, satellite geodetic surveys and gravimetric surveys
completed by other relevant departments under the State Council or other relevant departments of the people’s governments
of provinces, autonomous regions or municipalities directly under the Central Government, as well as maps officially printed
by them, must, in accordance with regulations, be summarized and submitted, in the form of duplicate copies, respectively
to the competent department of surveying and mapping administration under the State Council or the departments of surveying
and mapping administration of the people’s governments of provinces, autonomous regions or municipalities directly under
the Central Government.

The competent department of surveying and mapping administration under the State Council and the departments of surveying
and mapping administration of the people’s governments of provinces, autonomous regions or municipalities directly under
the Central Government shall regularly compile catalogues of the surveying and mapping results and supply them to relevant
users.

   Article 19 Surveying and mapping to be conducted in the territorial air, land and waters, as well as other sea areas under the jurisdiction
of the People’s Republic of China by a foreign organization or individual alone or in cooperation with the relevant department
or unit of the People’s Republic of China shall be subject to the approval by the Government of the People’s Republic
of China or by the department authorized by it.

A foreign organization or individual that with due approval conducts surveying and mapping in the territorial air, land and
waters, as well as other sea areas under the jurisdiction of the People’s Republic of China either alone or in cooperation
with the relevant department or unit of the People’s Republic of China, must comply with relevant laws and administrative
rules and regulations of the People’s Republic of China and must submit two duplicates copies of the complete surveying
and mapping results to the competent department of surveying and mapping administration under the State Council.

   Article 20 Where the surveying and mapping results need to be kept confidential, the determination or alteration of the category
of secrecy, the declassification of the secrets as well as the use of such results shall be governed by the Law on Guarding
State Secrets.

In the event that classified surveying and mapping results are to be supplied to foreign organizations or individuals, the
procedures of examination and approval laid down by the State Council and the Central Military Commission shall be followed.

   Article 21 Charges shall be paid for the use of surveying and mapping results; specific measures therefore shall be drawn up by the
State Council.

The surveying and mapping results that come under the category of intellectual property shall be governed by provisions of
relevant laws.

   Article 22 Significant geographic information and data concerning the positions, elevations, depths, areas and lengths of the territorial
air, land and waters, as well as other sea areas under the jurisdiction of the People’s Republic of China shall be examined
and verified by the competent department of surveying and mapping administration under the State Council then, after consultation
with other relevant departments under the State Council and the competent department of surveying and mapping in the
armed forces, be submitted to the State Council for approval, and then published by the State Council or by the
department authorized by it.

   Article 23 The competent department of surveying and mapping administration under the State Council and the departments of surveying
and mapping administration of the people’s governments of provinces, autonomous regions or municipalities directly
under the Central Government shall exercise supervision over the quality of basic surveying and mapping results.

A surveying and mapping unit shall establish and improve the system of quality control over its surveying and mapping results.

CHAPTER VI PROTECTION OF SURVEYING MARKERS

   Article 24 Every unit and individual shall have the duty to protect permanent above-ground and underground surveying markers as well
as temporary surveying markers still in use; any unit or individual may not damage, destroy, or without authorization remove
surveying markers, nor seize or occupy the land used for permanent surveying markers.

Within the security control area of a permanent surveying marker, no mining, earth-gathering, sand-excavating, quarrying,
demolition, shooting and other activities which endanger the safety and effective utilization of the surveying markers shall
be allowed.

Permanent surveying markers as referred to in paragraph 1 of this Article include wooden or steel signals and stone markers
established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic
points and leveling points of various orders and classes, as well as fixed markers used for topographic mapping,
engineering surveying and deformation measurement, and installations at seabed geodetic points.

   Article 25 A unit that establishes permanent surveying markers shall set up distinct signs for such markers.

A unit that establishes permanent surveying markers shall entrust an appropriate local unit with the designation of personnel
for taking care of such surveying markers.

   Article 26 A construction unit shall, in carrying out engineering construction, seek to get around permanent surveying markers; if
it is absolutely impossible to get around such markers and necessary to have them removed or rendered ineffective, the
construction unit shall acquire consent from the unit that has established the permanent surveying markers, and,
obtain approval from the competent department of surveying and mapping administration under the State Council or from the
department of surveying and mapping administration of the people’s government of the relevant province, autonomous region or
municipality directly under the Central Government. The construction unit shall bear the expenses for the removal and reestablishment
of such markers.

   Article 27 Surveying and mapping personnel, when employing permanent surveying markers, must hold surveying and mapping work certificates
and ensure that the surveying and mapping markers remain in good condition. The unit or individual responsible for taking care
of the surveying and mapping markers shall inspect and examine if they are intact after employment.

   Article 28 Those who, in violation of the provisions of this Law, have illegally engaged in surveying and mapping for commercial purposes
without having their qualification of surveying and mapping verified shall be ordered to suspend their surveying and mapping
activities, have their illegal incomes confiscated, and may additionally be imposed a fine thereon ranging from 50% to
100% of their illegal gains, by the department of surveying and mapping administration or by the department authorized by
it, of the people’s government of the relevant province, autonomous region or municipality directly under the Central Government.

   Article 29 Units that, in violation of the provisions of this Law, fail to have their surveying and mapping missions registered according
to regulations prior to performing any surveying and mapping shall be ordered to suspend their surveying and mapping
by the department of surveying and mapping administration of the people’s government of the relevant province, autonomous
region or municipality directly under the Central Government or by the department authorized by the State Council.

   Article 30 A surveying and mapping unit shall be liable for compensation for any losses caused to a user or users by its substandard surveying
and mapping results.

A surveying and mapping unit whose substandard surveying and mapping results have many times caused losses to a user or users
shall have its qualification of surveying and mapping divested by the department of surveying and mapping administration
or by the department authorized by it, of the people’s government of the relevant province, autonomous region or municipality
directly under the Central Government.

   Article 31 A party refusing to accept a decision on administrative sanctions may, within 15 days from receiving the notification of such
a decision, apply for reconsideration to the authorities next higher to the authorities that have made the sanction decision;
if the party refuses to accept the reconsideration decision, it may, within 15 days from receiving the reconsideration
decision, bring a suit before a people’s court. A party may also bring a suit directly before a people’s court within 15 days
from receiving the notification of the sanctions. If, upon the expiration of the time limit, the party has not applied for
reconsideration, nor brought a suit before a people’s court, nor complied with the sanction decision, the authorities that
have made the sanction decision may apply to the people’s court for compulsory execution.

   Article 32 Those who obstruct surveying and mapping personnel from carrying out surveying and mapping according to law, who damage,
destroy, or remove without authorization permanent surveying markers, or who engage in other activities that endanger the safety
and effective utilization of permanent surveying markers, shall be punished in accordance with the provisions of
the Regulations of the People’s Republic of China on Administrative Penalties for Public Security.

Those who intentionally sabotage permanent surveying markers shall be investigated for criminal responsibilities in accordance
with the provisions of Article 175 of the Criminal Law of the People’s Republic of China.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 33 Measures for the management of military surveying and mapping shall be drawn up by the Central Military Commission in accordance
with this Law.

   Article 34 This Law shall go into effect as of July 1, 1993.

    





DECISION OF THE NATIONAL PEOPLE’S CONGRESS APPROVING THE PROPOSAL BY THE DRAFTING COMMITTEE FOR THE MACAO SPECIAL ADMINISTRATIVE REGION ON THE ESTABLISHMENT OF THE COMMITTEE FOR THE BASIC LAW OF THE MACAO SPECIAL ADMINISTRATIVE REGION UNDER THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS BASIC LAW

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1993-03-31 Effective Date  1993-03-31  


Decision of the National People’s Congress Approving the Proposal by the Drafting Committee for the Basic Law of the Macao Special
Administrative Region on the Establishment of the Committee for the Basic Law of the Macao Special Administrative Region under the
Standing Committee of the National People’s Congress


Appendix:

(Adopted at the First Session of the Eighth National People’s Congress

on March 31, 1993)

    The First Session of the Eighth National People’s Congress decides:

    1. to approve the proposal by the Drafting Committee for the
Basic Law of the Macao Special Administrative Region on the
Establishment of the Committee for the Basic Law of the Macao
Special Administrative Region Under the Standing Committee of the
National People’s Congress; and

    2. to establish the Committee for the Basic Law of the Macao
Special Administrative Region Under the Standing Committee of the
National People’s Congress when the Basic Law of the Macao Special
Administrative Region of the People’s Republic of China is put into
effect.
Appendix:

    Proposal by the Drafting Committee for the Basic Law of the Macao
Special Administrative Region on the Establishment of the Committee
for the Basic Law of the Macao Special Administrative Region Under
the Standing Committee of the National People’s Congress

    1. Name: The Committee for the Basic Law of the Macao Special
Administrative Region Under the Standing Committee of the National
People’s Congress.

    2. Affiliation: To be a working committee under the Standing
Committee of the National People’s Congress.

    3. Function: To study questions arising from the
implementation of Articles 17, 18, 143, and 144 of the Basic Law of the Macao Speicial Administrative Region and submit its views
thereon to the Standing Committee of the National People’s
Congress.

    4. Composition: Ten members, five from the mainland and five
from Macao, including persons from the legal profession, appointed
by the Standing Committee of the National People’s Congress for a
term of office of five years. Macao members shall be Chinese
citizens who are permanent residents of the Macao Special
Administrative Regions with no right of abode in any foreign
country and shall be nominated jointly by the Chief Executive,
President of the Legislative Council and President of the Court of Final Appeal of the Region for appointment by the Standing
Committee of the National People’s Congress.





MACAO SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’ S REPUBLIC OF CHINA BASIC LAW

The Basic Law of the Macao Special Administrative Region of the People’ s Republic of China

    

Decree of the President of the People’s Republic of China No. 3

I hereby promulgate the Basic Law of the Macao Special Administrative Region of the People’ s Republic of China, including Annex I,
Method for the Selection of the Chief Executive of the Macao Special Administrative Region, Annex II, Method for the Formation of
the Legislative Council of the Macao Special Administrative Region, Annex m National Laws to Be Applied in the Macao Special Administrative
Region, and designs of the regional flag and regional emblem of the Macao Special Administrative Region, which was adopted at the
First Session of the Eighth National People’ s Congress of the People ‘ s Republic of China on 31 March 1993 and shall be put into
effect as of 20 December 1999.

Jiang Zemin

President of the People’s Republic of China

31 March 1993

————————————————————————

Preamble

Chapter I General Principles

Chapter II Relationship between the Central Authorities and the Macao Special Administrative Region

Chapter III Fundamental Rights and Duties of the Residents

Chapter IV Political Structure

Section 1 The Chief Executive

Section 2 The Executive Authorities

Section 3 The Legislature

Section 4 The Judiciary

Section 5 Municipal Organs

Section 6 Public Servants

Section 7 Swearing Allegiance

Chapter V Economy

Chapter VI Culture and Social Affairs

Chapter VII External Affairs

Chapter VIII Interpretation and Amendment of the Basic Law

Chapter IX Supplementary Provisions

Annex I Method for the Selection of the Chief Executive of the Macao Special Administrative Region

Annex 11 Method for the Formation of the Legislative Council of the Macao Special Administrative Region

Annex III National Laws to Be Applied in the Macao Special Admrnistrative Region

Decision of the National People’s Congress on the Basic Law of the Macao Special Administrative Region of the People s Republic of
China

Decision of the National People’s Congress on the Establishment of the Macao Special Administrative Region of the People s Republic
of China

Decision of the National People s Congress on the Method for the Formation of the First Government, the First Legislative Council
and the First Judiciary of the Macao Special Administrative Region

Decision of the National People’s Congress on Approving the Proposal by the Drafting Committee for the Basic Law of the Macao Special
Administrative Region on the Establishment of the Committee for the Basic Law of the Macao Special Administrative Region under the
Standing Committee of the National People’s Congress

Appendix

Proposal by the Drafting Committee for the Basic Law of the Macao Special Administrative Region on the Establishment of the Committee
for the Basic Law of the Macao Special Administrative Region under the Standing Committee of the National People’s Congress

——————————————————————————-

Preamble

Macao, including the Macao Peninsula, Taipa Island and Coloane Island, has been part of the territory of China since ancient times;
it was gradually occupied by Portugal after the mid-16th century. On 13 April 1987, the Chinese and Portuguese Governments signed
the Joint Declaration on the Question of Macao, affirming that the Government of the People’ s Republic of China will resume the
exercise of sovereignty over Macao with effect from 20 December 1999, thus fulfilling the long-cherished common aspiration of the
Chinese people for the recovery of Macao.

Upholding national unity and territorial integrity, contributing to social stability and economic development, and taking account
of its history and realities, the People’ s Republic of China has decided that upon China’s resumption of the exercise of sovereignty
over Macao, a Macao Special Administrative Region will be established in accordance with the provisions of Article 31 of the Constitution
of the People’s Republic of China, and that under the principle of ” one country, two systems”, the socialist system and policies
will not be practised in Macao. The basic policies of the People’s Republic of China regarding Macao have been elaborated by the
Chinese Government in the Sino-Portuguese Joint Declaration .

In accordance with the Constitution of the People’ s Republic of China, the National People’ s Congress hereby enacts the Basic Law
of the Macao Special Administrative Region of the People’ s Republic of China, prescribing the Systems to be practised in the Macao
Special Administrative Region, in order to ensure the implementation of the basic policies of the Peoples Republic of China regarding
Macao.

——————————————————————————-

Chapter I

General Principles

   Article 1

The Macao Special Administrative Region is an inalienable part of the People’s Republic of China.

   Article 2

The National People’ s Congress authorises the Macao Special Administrative Region to exercise a high degree of autonomy and enjoy
executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of
this Law.

   Article 3

The executive authorities and legislature of the Macao Special Administrative Region shall be composed of permanent residents of Macao
in accordance with the relevant provisions of this Law.

   Article 4

The Macao Special Administrative Region shall safeguard the rights and freedoms of the residents of the Macao Special Administrative
Region and of other persons in the Region in accordance with law.

   Article 5

The socialist system and policies shall not be practised in the Macao Special Administrative Region, and the previous capitalist system
and way of life shall remain unchanged for 50 years .

   Article 6

The right of private ownership of property shall be protected by law in the Macao Special Administrative Region.

   Article 7

The land and natural resources within the Macao Special Administrative Region shall be State property, except for the private land
recognised as such according to the laws in force before the establishment of the Macao Special Administrative Region. The Government
of the Macao Special Administrative Region shall be responsible for their management, use and development and for their lease or
grant to individuals or legal persons for use or development. The revenues derived therefrom shall be exclusively at the disposal
of the government of the Region.

   Article 8

The laws, decrees, administrative regulations and other normative acts previously in force in Macao shall be maintained, except for
any that contravenes this Law, or subject to any amendment by the legislature or other relevant organs of the Macao Special Administrative
Region in accordance with legal procedures.

   Article 9

In addition to the Chinese language, Portuguese may also be used as an official language by the executive authorities legislature
and judiciary of the Macao Special Administrative Region .

   Article 10

Apart from displaying the national flag and national emblem of the People’s Republic of China, the Macao Special Administrative Region
may also use a regional flag and regional emblem.

The regional flag of the Macao Special Administrative Region is a green flag with five stars, lotus flower, bridge and sea water.

The regional emblem of the Macao Special Administrative Region is composed of five stars, lotus flower, bridge and sea water encircled
by the words “Macao Special Administrative Region of the People’s Republic of China” in Chinese and “MACAO” in Portuguese.

   Article 11

In accordance with Article 31 of the Constitution of the People’s Republic of China, the systems and policies practised in the Macao
Special Administrative Region, including the social and economic systems, the system for safeguarding the fundamental rights and
freedoms of its residents, the executives legislative and judicial systems, and the relevant policies, shall be based on the provisions
of this Law.

No law, decree, administrative regulations and normative acts of the Macao Special Administrative Region shall contravene this Law.

——————————————————————————-

Chapter II

Relationship between the Central Authorities and the Macao Special Administrative Region

   Article 12

The Macao Special Administrative Region shall be a local administrative region of the People’s Republic of China, which shall enjoy
a high degree of autonomy and come directly under the Central People’s Government.

   Article 13

The Central People’s Government shall be responsible for the foreign affairs relating to the Macao Special Administrative Region.

The Ministry of Foreign Affairs of the People’s Republic of China shall establish an office in Macao to deal with foreign affairs
.

The Central People’s Government authorizes the Macao Special Administrative Region to conduct relevant external affairs, on its own,
in accordance with this Law.

   Article 14

The Central People’s Government shall be responsible for the defence of the Macao Special Administrative Region.

The Government of the Macao Special Administrative Region shall be responsible for the maintenance of public order in the Region.

   Article 15

The Central People’s Government shall appoint or remove the Chief Executive, the principal officials of the government and the Procurator
General of the Macao Special Administrative Region in accordance with the relevant provisions of this Law.

   Article 16

The Macao Special Administrative Region shall be vested with executive power. It shall, on its own, conduct the administrative affairs
of the Region in accordance with the relevant provisions of this Law.

   Article 17

The Macao Special Administrative Region shall be Yested with legislative power.

Laws enacted by the legislature of the Macao Special Administrative Region must be reported to the Standing Committee of the National
People’s Congress for the record. The reporting for record shall not affect the entry into force of such laws.

If the Standing committee of the National People ‘ s Congress, after consulting the Committee for the Basic Law of the Macao Special
Administrative Region under it, considers that any law enacted by the legislature of the Region is not in conformity with the provisions
of this Law regarding affairs within the responsibility of the Central Authorities or regarding the relationship between the Central
Authorities and the Region, the Standing Committee may return the law in question but shall not amend it. Any law returned by the
Standing Committee of the National People’s Congress shall immediately be invalidated. This invalidation shall not have retroactive
effect, unless otherwise provided for in the laws of the Region.

   Article 18

The laws in force in the Macao Special Administrative Region shall be this Law, the laws previously in force in Macao as provided
for in Article 8 of this Law, and the laws enacted by the legislature of the Region.

National laws shall not be applied in the Macao Special Administrative Region except for those listed in Annex m to this Law. The
laws listed therein shall be applied locally by way of promulgation or legislation by the Region.

The Standing Committee of the National People ‘ s Congress may add to or delete from the list of laws in Annex m after consulting
its Committee for the Basic Law of the Macao Special Administrative Region and the government of the Region. Laws listed in Annex
m to this Law shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the
autonomy of the Region as specified by this Law.

In the event that the Standing Committee of the National People’s Congress decides to declare a state of war or, by reason of turmoil
within the Macao Special Administrative Region which endangers national unity or security and is beyond the control of the government
of the Region, decides that the Region is in a state of emergency, the central People ‘ s Government may issue an order applying
the relevant national laws in the Region.

   Article 19

The Macao Special Administrative Region shall be vested with independent judicial power, including that of final adjudication.

The courts of the Macao Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions
on their jurisdiction imposed by the legal system and principles previously in force in Macao shall be maintained.

The courts of the Macao Special Administrative Region shall have no jurisdiction over acts of state such as defence and foreign affairs.
The courts of the Region shall obtain a certificate from the Chief Executive on questions of fact concerning acts of state such as
defence and foreign affairs whenever such questions arise in the adjudication of cases. This certificate shall be binding on the
courts. Before issuing such a certificate, the Chief Executive shall obtain a certifying document from the Central People’s Government.

   Article 20

The Macao Special Administrative Region may enjoy other powers granted to it by the National People’s Congress, the Standing Committee
of the National People’s Congress or the Central People’s Government.

   Article 21

Chinese citizens who are residents of the Macao Special Administrative Region shall be enpost_titled to participate in the management of
state affairs according to law. In accordance with the assigned number of seats and the selection method specified by the National
People’s Congress, the Chinese citizens among the residents of the Macao Special Administrative Region shall locally elect deputies
of the Region to the National People’s Congress to participate in the work of the highest organ of state power.

   Article 22

No department of the Central People’s Government and no province, autonomous region, or municipality directly under the Central Government
may interfere in the affairs which the Macao Special Administrative Region administers, on its own, in accordance with this Law.

If there is a need for departments of the Central Government, or for provinces, autonomous regions, or municipalities directly under
the Central Government to set up offices in the Macao Special Administrative Region, they must obtain the consent of the government
of the Region and the approval of the Central People’s Government.

All offices set up in the Macao Special Administrative Region by departments of the Central Government, or by provinces, autonomous
regions, or municipalities directly under the Central Government, and the personnel of these offices shall abide by the laws of the
Region.

For entry into the Macao Special Administrative Region, people from other provinces, autonomous regions or municipalities directly
under the Central Government must apply for approval. Among them, the number of persons who enter the Region for the purpose of settlement
shall be determined by the competent authorities of the Central reopen Region . The Macao Special Administrative Region may establish
an office in Beijing.

   Article 23

The Macao Special Administrative Region shall enact laws, on its own, to prohibit any act of treason, secession, sedition, subversion
against the Central People’s Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting
political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign
political organisations or bodies.

——————————————————————————-

Chapter III

Fundamental Rights and Duties of the Residents

   Article 24

Residents Of the Macao Special Administrative Region (“Macao residents”) shall include permanent residents and non-permanent residents.

The permanent residents of the Macao Special Administrative Region shall be:

(1) Chinese citizens born in Macao before or after the establishment of the Macao Special Administrative Region and their children
of Chinese nationality born outside Macao;

(2) Chinese citizens who have ordinarily resided in Macao for a continuous period of not less than seven years before or after the
establishment of the Macao Special Administrative Region and their children of Chinese nationality born outside Macao after they
have become permanent residents;

(3) The Portuguese who were born in Macao and have taken Macao as their place of permanent residence before or after the establishment
of the Macao Special Administrative Region;

(4) The Portuguese who have ordinarily resided in Macao for a continuous period of not less than seven years and have taken Macao
as their place of permanent residence before or after the establishment of the Macao Special Administrative Region;

(5) Other persons who have ordinarily resided in Macao for a continuous period of not less than seven years and have taken Macao as
their place of permanent residence before or after the establishment of the Macao Special Administrative Region;

(6) Persons under 18 years of age born in Macao of those residents listed in category (5) before or after the establishment of the
Macao Special Administrative Region.

The above mentioned residents shall have the right of abode in the Macao Special Administrative Region and shall be qualified to obtain
permanent identity cards.

The non-permanent residents of the Macao Special Administrative Region shall be persons who are qualified to obtain Macao identity
cards in accordance with the laws of the Region but have no right of abode.

   Article 25

All Macao residents shall be equal before the law, and shall be free from discrimination, irrespective of their nationality descent,
race, sex, language, religion, political persuasion or ideological belief, educational level, economic status or social conditions.

   Article 26

Permanent residents of the Macao Special Administrative Region shall have the right to vote and the right to stand for election in
accordance with law.

   Article 27

Macao residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, Of procession
and of demonstration; and the right and freedom to form and join trade unions, and to strike.

   Article 28

The freedom of the person of Macao residents shall be inviolable.

No Macao resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. In case of arbitrary or unlawful
detention or imprisonment, Macao residents have the right to apply to the court for the issuance of a writ of habeas corpus.

Unlawful search of the body of any resident or deprivation or restriction of the freedom of the person shall be prohibited.

Torture or inhuman treatment of any resident shall be prohibited.

   Article 29

Macao residents shall not be punished by law, unless their acts constitute a crime and they shall be punished for it as expressly
prescribed by law at the time.

When charged with criminal offences, Macao residents shall enjoy the right to an early court trial and shall be presumed innocent
before convicted.

   Article 30

The human dignity of Macao residents shall be inviolable. Humiliation, slander and false accusation against residents in any form
shall be prohibited.

Macao residents shall enjoy the right to personal reputation and the privacy of their private and family life.

   Article 31

The homes and other premises of Macao residents shall be inviolable Arbitrary or unlawful search of, or intrusion into, a resident’s
home or other premises shall be prohibited.

   Article 32

The freedom and privacy of communication of Macao residents shall be protected by law. No department or individual may, on any grounds,
infringe upon the freedom and privacy of communication of residents except that the relevant authorities may inspect communication
in accordance with the provisions of the law to meet the needs of public security or of investigation into criminal offences.

   Article 33

Macao residents shall have freedom of movement within the Macao Special Administrative Region and freedom of emigration to other countries
and regions. They shall have freedom to travel and to enter or leave the Region and shall have the right to obtain travel documents
in accordance with law. Unless restrained by law, holders of valid travel documents shall be free to leave the Region without special
authorization.

   Article 34

Macao residents shall have freedom of conscience.

Macao residents shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities
in public.

   Article 35

Macao residents shall have freedom of choice of occupation and work.

   Article 36

Macao residents shall have the right to resort to law and to have access to the courts, to lawyers’ help for protection of their lawful
rights and interests, and to judicial remedies.

Macao residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities and
their personnel.

   Article 37

Macao residents shall have freedom to engage in education, academic research, literary and artistic creation, and other cultural activities.

   Article 38

The freedom of marriage of Macao residents and their right to form and raise a family freely shall be protected by law.

The legitimate rights and interests of women shall be protected by the Macao Special Administrative Region.

The minors, the aged and the disabled shall be taken care of and protected by the Macao Special Administrative Region.

   Article 39

Macao residents shall have the right to social welfare in accordance with law. The welfare benefits and retirement security of the
labour force shall be protected by law.

   Article 40

The provisions of International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights,
and international labour conventions as applied to Macao shall remain in force and shall be implemented through the laws of the Macao
Special Administrative Region.

The rights and freedoms enjoyed by Macao residents shall not be restricted unless as prescribed by law. Such restrictions shall not
contravene the provisions of the first paragraph of this Article.

   Article 41

Macao residents shall enjoy the other rights and freedoms safeguarded by the laws of the Macao Special Administrative Region.

   Article 42

The interests of the residents of Portuguese descent in Macao shall be protected by the Macao Special Administrative Legion in accordance
with law, and their customs and cultural raditions shall be respected.

   Article 43

Persons in the Macao Special Administrative Region other than Macao residents shall, in accordance with law, enjoy the rights and
freedoms of Macao residents prescribed in his Chapter.

   Article 44

Macao residents and other persons in Macao shall have the obligation to abide by the laws in force in the Macao Special Administrative
Region.

——————————————————————————-

Chapter IV

Political Structure

Section 1 The Chief Executive

   Article 45

The Chief Executive of the Macao Special Administrative Region shall be the head of the Macao Special Administrative Region and shall
represent the Region.

The Chief Executive of the Macao Special Administrative Region shall be accountable to the Central People’s Government and the Macao
Special Administrative Region in accordance with the provisions of this Law.

   Article 46

The Chief Executive of the Macao Special Administrative Region shall be a Chinese citizen of not less than 40 years of age who is
a permanent resident of the Region and has ordinarily resided in Macao for a continuous period of not less than 20 years.

   Article 47

The Chief Executive of the Macao Special Administrative Region shall be selected by election or through consultations held locally
and be appointed by the Central People’s Government.

The specific method for selecting the Chief Executive is prescribed in Annex I: “Method for the Selection of the Chief Executive of
the Macao Special Administrative Region”.

   Article 48

The term of office of the Chief Executive of the Macao Special Administrative Region shall be five years. He or she may serve for
not more than two consecutive terms.

   Article 49

The Chief Executive of the Macao Special Administrative Region, during his or her term of office, shall have no right of abode in
any foreign country and shall not engage in any activities for his or her personal gains. The Chief Executive, on assuming office,
shall declare his or her assets No the President of the Court of Final Appeal of the Macac Special Administrative Region. This declaration
shall be put on record.

   Article 50

The Chief Executive of the Macao Special Administrative Region shall exercise the following powers and functions:

(1) To lead the government of the Region;

(2) To be responsible for the implementation of this Law and other laws which, in accordance with this Law, apply in the Macao Special
Administrative Region;

(3) To sign bills passed by the Legislative Council and to promulgate laws;

To sign budgets passed by the Legislative Council and report the budgets and final accounts to the Central People s Government for
the record;

(4) To decide on government policies and to issue executive orders;

(5) To formulate the administrative regulations and promulgate them for implementation;

(6) To nominate and to report to the Central People’s Government for appointment the following principal officials: Secretaries of
Departments, Commissioner against Corruptions Director of Audit, the leading members of the Police and the customs and excise; and
to recommend to the Central People s Government the removal of the above mentioned officials;

(7) To appoint part of the members of the Legislative Council;

(8) To appoint or r^emove members of the Executive Council;

(9) To appoint or remove presidents and judges of the courts at all levels and procurators in accordance with legal procedures;

(10) To nominate and report to the Central People’s Government for appointment of the Procurator-General and recommend to the Central
People’s Government the removal of the Procurator-General in accordance with legal procedures;

(11) To appoint or remove holders of public office in accordance with legal procedures;

(12) To implement the directives issued by the Central People’s Government in respect of the relevant matters provided for in this
Law;

(13) To conduct, on behalf of the Government’ of the Macao Special Administrative Region, external affairs and Other affairs as authorized
by the Central Authorities;

(14) To approve the introduction of motions regarding revenues or expenditure to the Legislative Council;

(15) To decide, in the light of security and vital interests, whether government officials or other personnel in charge of government
affairs should testify or give evidence before the Legislative Council or its committees;

(16) To confer medals and post_titles of honour of the Macao Special Administrative Region in accordance with law;

(17) To pardon persons convicted of criminal offences or commute their penalties in accordance with law; and

(18) To handle petitions and complaints.

   Article 51

If the Chief Executive of the Macao Special Administrative Region considers that a bill passed by the Legislative Council is not compatible
with the overall interests of the Region, he or she may give his or her reasons in writing and return it to the Legislative Council
within 90 days for reconsideration. If the Legislative Council passes the original bill again by not less than a two-thirds majority
of all the members, the Chief Executive must sign and promulgate it within 30 days or act in accordance with the provisions of Article
52 of this Law.

   Article 52

The Chief Executive of the Macao Special Administrative Region may dissolve the Legislative Council under any of the following circumstances:

(1) The Chief Executive refuses to sign a bill passed the second time by the Legislative Council; and

(2) The Legislative Council refuses to pass a budget introduced by the government or any other bills which he or she considers concern
the overall interests of the Region, and after consultations, consensus still cannot be reached.

Before dissolving the Legislative Council, the Chief Executive must consult the Executive Council and he or she shall explain the
reason for it to the public.

The Chief Executive may dissolve the Legislative Council only once in each term of his or her office.

   Article 53

If the Legislative Council of the Macao Special Administrative Region fails to pass the budget introduced by the government, the Chief
Executive may approve provisional short-term appropriations according to the level of expenditure of the previous fiscal year.

   Article 54

The Chief Executive of the Macao Special Administrative Region must resign under any of the following circumstances:

(1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;

(2) When, after the Legislative Council is dissolved because he or she twice refuses to sign a bill passed by it, the new Legislative
Council again passes by a two-thirds majority of all the members the original bill in dispute, but he or she still refuses to sign
it within 30 days; and

(3) When, after the Legislative Council is dissolved because it refuses to pass a budget or any other bill concerning the overall
interests of the Macao Special Administrative Region, the newly elected Legislative Council still refuses to pass the original bill
in dispute.

   Article 55

If the Chief Executive of the Macao Special Administrative Region is not able to discharge his or her duties for a short period, such
duties shall temporarily be assumed by the secretaries of the departments in the order of precedence, which shall be stipulated by
law.

In the event that the office of Chief Executive becomes vacant, a new Chief Execut

REGULATIONS ON ADMINISTRATIVE PROTECTION OF PHARMACEUTICALS

Regulations on Administrative Protection of Pharmaceuticals

     Chapter I General Provisions Chapter II Application for Administrative Protection Chapter III Examination and Approval of Administrative
Protection Chapter IV Duration, Cessation, Revocation and Effect of Administrative Protection Chapter V Supplementary Provisions

   Article 1 These Regulations are formulated with a view to expanding economic and technological cooperation and exchange with
foreign countries and providing administrative protection for the lawful rights and interests of the owners of the exclusive
right of foreign pharmaceuticals.

   Article 2 The pharmaceuticals as mentioned in these Regulations refer to medicines for human beings.

   Article 3 Enterprises and other organizations or individuals from any country or region which has concluded bilateral treaty or agreement
with the People’s Republic of China on administrative protection of pharmaceuticals may apply for administrative
protection of pharmaceuticals in accordance with these Regulations.

   Article 4 The competent administrative department for the production and distribution of pharmaceuticals under the State Council shall accept
and examine applications for administrative protection of pharmaceuticals, grant administrative protection to the pharmaceuticals
which conform with the provisions of these Regulations, and issue to the applicants the certificates for administrative
protection.

CHAPTER II APPLICATION FOR ADMINISTRATIVE PROTECTION

   Article 5 A pharmaceutical to be applied for administrative protection shall meet the following requirements:

(1) Its exclusive right was not subject to protection in accordance with the provisions of the China’s Patent Law prior to January,
1, 1993;

(2) Its exclusive right to prohibit others from making, using or selling it in the country to which the applicant belongs was
granted after January 1, 1986 and before January 1, 1993;

(3) It has not been marketed in China prior to the date of filing the application for administrative protection.

   Article 6 The right of applying for administrative protection of a pharmaceutical belongs to the owner of the exclusive right
of the pharmaceutical.

   Article 7 Where an owner of the exclusive right of a foreign pharmaceutical applies for administrative protection, he shall
appoint an agency designated by the competent administrative department for the production and distribution of pharmaceuticals
under the State Council to undertake the matter.

   Article 8 An applicant shall submit the Chinese and foreign language bilingual versions of following documents:

(1) an application for administrative protection of the pharmaceutical;

(2) a copy of the certificate issued by the competent authorities of the country to which the applicant belongs granting such exclusive
right;

(3) a copy of the document issued by the competent authorities of the country to which the application belongs approving the
manufacture or marketing of the pharmaceutical;

(4) a copy of the contract for the manufacture or marketing of the pharmaceutical in China formally entered into between the
applicant and a Chinese enterprise as legal person (including foreign capital enterprises, Chinese-foreign joint ventures,
or Chinese-foreign equity contractual joint ventures) which has been permitted to manufacture or market pharmaceuticals in
accordance with the relevant Chinese laws and regulations.

   Article 9 Before or after applying for the administrative protection, the owner of the exclusive right of a foreign pharmaceutical shall
apply to the administrative department of health under the State Council for going through the procedures for permitting the
manufacture or marketing of the pharmaceutical in China, in accordance with the provisions of the Pharmaceutical Administration
Law of the People’s Republic of China.

CHAPTER III EXAMINATION AND APPROVAL OF ADMINISTRATIVE PROTECTION

   Article 10 Within 15 days from the date of receipt of the application documents for administrative protection, the competent administrative
department for the production and distribution of pharmaceuticals under the State Council, upon preliminary examination, shall
handle the case in either of following measures according to different conditions:

(1) Where the application documents are in conformity with the provisions of Article 8 of these Regulations, issue
the notice of acceptance and announce it;

(2) Where the application documents are not in conformity with the provisions of Article 8 of these Regulations, require
the applicant to complete them within a definite time limit; if on the expiry of the time limit the requirement is not met,
the application shall be deemed as not having been filed.

   Article 11 The competent administrative department for the production and distribution of pharmaceuticals under the State Council shall
finish the examination within six months from the date of receipt of the application documents, or from the date of receipt
of the complementary documents stipulated in Article 10, Item (2) of these Regulations. If, under special circumstances,
the examination cannot be finished within six months, the competent administrative department for the production and distribution
of pharmaceuticals under the State Council shall promptly notify the applicant, give the reason and properly prolong the
examination time.

After examination, where the application is in conformity with the provisions of these Regulations, the administrative protection
shall be granted; where the application is not in conformity with the provisions of these Regulations, no administrative protection
shall be granted and the reasons shall be given.

   Article 12 Where a pharmaceutical is granted with administrative protection, the competent administrative department for the production
and distribution of pharmaceuticals under the State Council shall issue the certificate of administrative protection and make
an announcement.

CHAPTER IV DURATION, CESSATION, REVOCATION AND EFFECT OF ADMINISTRATIVE PROTECTION

   Article 13 The duration of administrative protection of a pharmaceutical is seven years and six months beginning from the date on which
the certificate of administrative protection is issued.

   Article 14 The owner of the exclusive right of a foreign pharmaceutical shall pay an annual fee beginning with the year in which the certificate
of administrative protection of the pharmaceutical is issued.

   Article 15 In any of the following cases, the administrative protection shall cease before the expiration of its duration:

(1) where the exclusive right of a pharmaceutical is ineffective or becomes invalid in the country to which the applicant belongs;

(2) where the owner of the exclusive right of a pharmaceutical does not pay the annual fee as prescribed;

(3) where the owner of the exclusive right of a pharmaceutical waives the administrative protection by a written declaration;

(4) where the owner of the exclusive right of a pharmaceutical does not apply to the administrative department of health under
the State Council for going through the procedures for permitting the manufacture or marketing of this pharmaceutical in
China within a year from the date on which the certificate of administrative protection of the pharmaceutical is issued.

   Article 16 After the certificate for administrative protection of a pharmaceutical has been issued, any organization or individual
that thinks that the grant of administrative protection to the pharmaceutical is not in conformity with the provisions of
these Regulations may request the competent administrative department for the production and distribution of pharmaceuticals
under the State Council to revoke the administrative protection of the pharmaceutical. Where the owner of the exclusive right
of the pharmaceutical is not satisfied with the revocation decision made by the competent administrative department for
the production and distribution of pharmaceuticals under the State Council, may institute legal proceedings in a people’s
court.

   Article 17 The cessation or revocation of the administrative protection of a pharmaceutical shall be announced by the competent administrative
department for the production and distribution of pharmaceuticals under the State Council.

   Article 18 For the pharmaceuticals which have obtained administrative protection, without the authorization of the owners of the exclusive
right of the pharmaceuticals, the administrative department of health under the State Council or the administrative departments
of health of provinces, autonomous regions or municipalities directly under the Central Government may not permit others
to manufacture or sell them.

   Article 19 Where there is any manufacture or marketing of a pharmaceutical without authorization of the owner of the exclusive
right of the pharmaceutical who has obtained administrative protection, the owner of the exclusive right of the pharmaceutical
may request the competent administrative department for the production and distribution of pharmaceuticals under the State
Council to check the infringing act; if the owner of the exclusive right of the pharmaceutical claims for economic compensation,
he may institute a legal proceedings in a people’s court.

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 20 The competent administrative department for the production and distribution of pharmaceuticals under the State Council shall
take measures to keep secret all the materials provided by applicants which require to be kept secret.

   Article 21 Fees shall be paid as prescribed for filing the application for administrative protection of pharmaceuticals and fulfilling
any other relevant procedures with the competent administrative department for the production and distribution of pharmaceuticals
under the State Council.

   Article 22 The rules for the implementation of these Regulations shall be formulated by the competent administrative department for
the production and distribution of pharmaceuticals under the State Council.

   Article 23 The competent administrative department for the production and distribution of pharmaceuticals under the State Council
shall be responsible for the interpretation of these Regulations.

   Article 24 These Regulations shall enter into force as of January 1, 1993.

    

MOFTEC P.R.C.

EDITOR:Victor





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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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