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The State Council
Decree of the State Council
No.136
Interim Regulations of the People’s Republic of China on Business Tax adopted by the 12th Executive Meeting of the State Council on
November 26, 1993are hereby promulgated and shall be come into force as of the day of Jan I, 1994.
Premier of the State Council, Li Peng
December 13,1993
Interim Regulations of the People’s Republic of China on Business Tax
Article 1
All units and individuals engaged in the provision of services as prescribed in these Regulations (hereinafter referred to as “taxable
services”), the transfer of intangible assets or the sale of immovable properties within the territory of the People’s Republic of
China shall be taxpayers of Business Tax (hereinafter referred as “taxpayers”), and shall pay the Business Tax in accordance with
these Regulations.
Article 2
The taxable items and tax rates of Business Tax shall be determined in accordance with the Table of Taxable Items and Tax Rates of
Business Tax attached to these Regulations.
Any adjustments to the taxable items and tax rates shall be determined by the State Council.
The specific tax rates applicable to taxpayers engaged in entertainment businesses shall be determined by the people’s governments
of the provinces, autonomous regions and municipalities directly under the Central Government within the range prescribed by these
Regulations.
Article 3
For taxpayers engaged in taxable activities under different tax items, the turnover, transfer and sales amounts (hereinafter referred
to as “turnover”) under different taxable items shall be accounted for separately. If the turnover has not been accounted for separately,
the higher tax rate shall apply.
Article 4
For taxpayers providing taxable services, transferring intangible assets or selling immovable properties, the tax payable shall be
computed according to the turnover and the prescribed tax rates. The formula for computing the tax payable is as follows:
tax payable = turnover * rates
The tax payable shall be computed in Renminbi. The turnover of the taxpayer settled in foreign currencies shall be converted into
Renminbi according to the exchange rate prevailing in the foreign exchange market.
Article 5
The turnover of the taxpayers shall be the total consideration and all other charges receivable from the buyers for the provision
of taxable services, transfer of intangible assets or sales of immovable properties by the taxpayers, except for the following situations:
(1)
For transportation enterprises which carry passengers or cargoes from the territory of the People’s Republic of China to overseas
locations and trans-ship passengers or cargoes to other transportation enterprises overseas, the turnover shall be the balance of
transport charges for the whole journey less the transport charges paid to the sub-contracted transportation enterprises.
(2)
For travel enterprises which organize tourist groups to travel outside the territory of the People’s Republic of China and sub-contract
to other travel enterprises overseas, the turnover shall be the balance of the tourist charges for the whole journey less the payments
made to those sub-contracted travel enterprises.
(3)
For the main contractors in the construction business who sub-contract work to others, the turnover shall be the balance of the total
contract sum less the payments made to the sub-contractors.
(4)
For re-lending businesses, the turnover shall be the balance of interest on lending less the interest on borrowing.
(5)
For businesses buying and selling foreign currencies, marketable securities and futures, the turnover shall be the balance of the
selling prices less the buying prices.
(6)
Other situations as regulated by the Ministry of Finance.
Article 6
The following items shall be exempt from Business Tax:
(1)
Nursing services provided by nurseries, kindergartens, and homes for the aged, welfare institutions for the handicapped, matchmaking
and funeral services.
(2)
Services provided on an individual basis by the disabled.
(3)
Medical services provided by hospitals, clinics and other medical institutions.
(4)
Educational services provided by schools and other educational institutions; and services provided by students participating in work-study
programmes.
(5)
Agricultural mechanical ploughing, irrigation and drainage, prevention and treatment of plant diseases and insect pests, plant protection,
insurance for farming and husbandry, and related technical training services; breeding and the prevention and treatment of diseases
of poultry, livestock and aquatic animals.
(6)
Admission fees for cultural activities conducted by memorial halls, museums, cultural centres, art galleries, exhibition halls, academies
of painting and calligraphy, libraries and cultural protective units; admission fees for cultural and religious activities conducted
at places of religious worship.
Except as stipulated in the above paragraphs, the Business Tax exemption and reduction items shall be regulated by the State Council.
Local governments or departments shall not regulate any tax exemption or reduction items.
Article 7
For taxpayers engaged in tax-exempt or tax-reduced items, the turnover shall be accounted for separately; if the turnover has not
been separately accounted for, no exemption of reduction is allowed.
Article 8
For taxpayers whose turnover has not reached the Business Tax minimum threshold stipulated by the Ministry of Finance, the Business
Tax should be exempt.
Article 9
The time at which a liability to Business Tax arises shall be the date on which the business proceeds are received or documented evidence
of the right to collect business proceeds is obtained by the taxpayer.
Article 10
Business Tax shall be collected by the tax authorities.
Article 11
Business Tax withholding agents are as follows:
(1)
For financial institutions entrusted to grant loans, the entrusted financial institutions shall be the withholding agents.
(2)
For sub-contractors of construction and installation businesses, the main contractors shall be the withholding agents.
(3)
Other withholding agents as stipulated by the Ministry of Finance.
Article 12
The place for the payment of Business Tax is as follows:
(1)
Taxpayers providing taxable services shall report and pay the tax to the local competent tax authorities where the taxable services
take place. Taxpayers engaged in the transportation business shall report and pay tax to the local competent tax authorities where
the business establishment is located.
(2)
Taxpayers transferring land use rights shall report and pay tax to the local competent tax authorities where the land is located.
Taxpayers transferring other intangible assets shall report and pay tax to the local competent tax authorities where the establishment
is located.
(3)
Taxpayers selling immovable properties shall report and pay tax to the local competent tax authorities where the immovable properties
are located.
Article 13
The Business Tax assessable period shall be five days, ten days, fifteen days or one month. The actual assessable period of taxpayers
shall be determined by the competent tax authorities according to the magnitude of the tax payable of the taxpayers; tax that cannot
be assessed in regular periods may be assessed on a transaction-by-transaction basis.
Taxpayers that adopt one month as an assessable period shall report and pay tax within ten days following the end of the period. If
an assessable period of five days, ten days or fifteen days is adopted, the tax shall be prepaid within five days following the end
of the period and a monthly tax return shall be filed with any balance of tax due settled within ten days from the first day of the
following month.
The tax payment deadlines for withholding agents shall be determined with reference to the stipulations of the above two paragraphs.
Article 14
The collection and administration of Business Tax shall be conducted in accordance with the relevant provisions of the Law of the
People’s Republic of China on Administration of Tax Collection and the relevant provisions of these Regulations.
Article 15
The collection of Business Tax from enterprises with foreign investment and foreign enterprises shall be conducted in accordance with
the resolutions of the Standing Committee of the National People’s Congress.
Article 16
The Ministry of Finance shall be responsible for the interpretation of these Regulations and for the formulation of the rules for
the implementation of these Regulations.
Article 17
These Regulations shall enter into force on January 1, 1994. The Regulations of the People’s Republic of China on Business Tax (Draft)
promulgated by the State Council on September 18, 1984 shall be repealed simultaneously.
Attachment:
Business Tax Taxable Items and Tax Rates Table
htm/e02806.htm Ӫҵ˰˰Ŀ˰post_title>
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Taxable items
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Scope of charge
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tax rate
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1. Communications and transportation |
Transportation by land, water air and pipeline, loading and unloading delivery |
3%
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2. Construction
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Construction, installation, repair, decoration and other engineering work |
3%
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3. Finance and insurance
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5%
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4.Posts and telecommuni cations |
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3%
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5. Culture and Sports
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3%
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6. Entertainment
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Singing bars, dance halls, karaoke lounges, commercial musical halls, musical tea houses, billiards, golf,bowling
and amusement facilities |
5%-20%
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7. Servicing
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Agency, hotel, catering, tourism,warehousing, leasing, advertising and other services |
5%
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8. Transfer of intangible assets |
Transfer of land-use rights, patent rights, unpatched technologies,trade marks, copyrights and goodwill |
5%
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9. Sale of immovable properties |
Sale of buildings and otherattachments to land |
5%
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| Category |
FOREIGN TRADE |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1993-09-23 |
Effective Date |
1993-09-23 |
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Circular of the State Council Concerning Rectifying the Order of Frontier Local Trade Management and Checking the Flow of Fake and
Low-quality Commodities Across the Border |
(Promulgated by the State Council on September 23, 1993)
In recent years, the frontier trade and local trade in commodity exchange
(hereinafter referred to as frontier and local trade) between China and its
neighbouring countries has developed rapidly and played an active role in
speeding up the economic development of the frontier regions, improving the
economic and trade flow and enhancing the friendship. At the same time, fake
and low-quality commodities continuously flow into the markets of the
Independent Countries Community and other neighbouring countries through
frontier and local trade, “tourist trade” and other channels, which has
infringed upon the interests of local consumers, severely damaged the
reputation of our foreign trade and made a very bad impression abroad. In
order to check the flow of the fake and low-quality commodities across the
border, safeguard the reputation of our foreign trade and improve the healthy
development of frontier and local trade, the following circular is hereby
issued concerning this issue.
1. To rectify the management order of frontier and local trade and check
the flow of the fake and low-quality commodities across the border is not only
an important issue in relation to the future and vitality of the development
of frontier and local trade, but also a political issue affecting the
reputation of our State and nation. The people’s governments at all levels and
the departments concerned should fully understand the issue, adopt practical
and effective measures and pay close attention to this work.
2. Companies of foreign economic relations and trade attached to the
departments of the Central Government and provinces, autonomous regions and
municipalities directly under the Central Government and the enterprises with
the authority of import and export management should be encouraged and
supported to play a leading role in adopting active measures, to expand the
economic and trading relations with the Independent Countries Community and
other neighbouring countries, and try to export the State’s high quality
commodities. Companies of foreign economic relations and trade and other
enterprises with the approved authority of management of exchange of
commodities should manage according to the law, abide by the State policy and
regulations, implement conscientiously the strategy of “winning over the
consumers by offering them quality goods”, and decline to purchase or act as
an agent to sell the fake and low-quality commodities.
As for the export commodities required for sanitary registration (such as
beverages, wine, canned foods, small foodstuffs, meat, etc.), companies of
foreign economic relations and trade and other enterprises with the authority
of exchange commodities management should purchase them from those factories
with the certificate of sanitary registration.
3. The frontier provinces and autonomous regions should check conscientiously
the various enterprises which are linked with the enterprises with the
authority of management of frontier and local trade and carrying out
activities of foreign relations and trade (i.e. “linking company”). The result
of the check-up should be reported to the Ministry of Foreign Economic
Relations and Trade before the end of October this year.
4. The quality control procedures of manufacturing enterprises should be
improved in order to halt the manufacture of fake and low-quality products.
The enterprises and individuals who produce or purchase for export (or sell to
aliens) fake and low-quality commodities should be penalized according to the
regulations promulgated by the State Council and the departments concerned.
Those who have violated the Criminal Law should, according to “The Decision
Regarding the Punishment of Criminals Producing and Selling Fake and
Low-Quality Commodities” approved by the Standing Committee of the National
People’s Congress, be handed over to the judicial organs and investigated for
their responsibility in the crime according to law.
Rewards shall be given according to the merits to those who have reported
the crime of producing or selling fake and low-quality commodities, while
their legal rights and interests shall be protected.
5. Public security and procuratorial organs should place a case on file
for investigation of the illegal and criminal act of collusion with each other
and transportation of fake and low-quality commodities across the border by
various means, strike relentless blows at people violating the law or
criminals sabotaging the management order of the frontier and local trade.
Public security organ should coordinate with the administrative organs of
industry and commerce and the institutions of technological supervision and
administration to resolutely check and ban the shelter for processing,
producing, storing and selling fake and low-quality commodities and penalize
more severely people breaking the law and criminals, according to the law.
6. The administrative organs of industry and commerce should strengthen
the administration of the frontier’s exchange marketing and the frontier
market of the Chinese and neighbouring countries. The industrial and
commercial enterprises and individual industrialists or traders engaged in
the frontier’s market of exchange and the frontier market of the Chinese and
neighbouring countries should conduct their trading activities sternly
following the management range and pattern verified and approved by the
administrative organs of industry and commerce. Managers should issue legal
bills or receipts while wholesaling commodities. It is strictly forbidden to
manage without certificates or sell fake and low-quality commodities.
7. The institutions of technological supervision and administration in the
locations should supervise and check the quality of the commodities in the
markets of exchange and the frontier market of the Chinese and neighbouring
countries, reinforce supervision, selective examination and the action of
“confiscating the fakes” and, together with the executive organs concerned,
severely penalize according to the law the enterprises and individuals
producing and selling fake and low-quality commodities.
8. Travelers leaving the country shall take with them goods for their own
use according to the related agreements and regulations concerning
international passenger transportation; those who go to the countries of the
Independent Countries Community which have not signed bilateral or multiple
agreements with China should follow strictly the regulations concerning the
luggage transportation issued by the State and the administrative organs of
communication and transportation.
9. The institutions in charge of import and export commodities inspection
at various levels should inspect and examine all the export commodities of the
frontier and local trade and markets of exchange. At present the emphasis of
inspection is on commodities such as garments, shoes, electronic equipment and
foodstuffs. Commodities which are defined by regulations in the contract shall
be inspected and examined according to the contract; those without specified
regulations in the contract shall be inspected and examined according to the
related standard of our country; those without contracts shall be inspected
and examined with sale receipts according to the related standards of our
country. The commodities concerning safety or sanitation shall all be
inspected and examined according to the governmental standard and requirements
of the import country. The unqualified commodities verified by inspection and
examination cannot be passed, even if the importer permits. Commodities
without contracts or sale receipts or with no place of production or name of
the manufacturer identified shall be neither inspected and examined, nor let
pass.
10. Following the related regulations, customs authorities should deal
with the luggage carried by passengers both entering and exiting the country.
It should strengthen the supervision of the commercial goods carried by
Chinese or foreign passengers according to the regulations of the passenger
luggage division. Commodities which are required to be inspected and examined
by law or the commodities required to be inspected and examined by the
regulations in this circular should be verified and let pass only with the
certificate of inspection and examination issued by the institutions in charge
of import and export commodities inspection, official `let-pass’ documents or
the stamp on the declaration form.
Commercial goods carried by Chinese or foreign passengers shall go through
procedures of import and export inspection, customs declaration and
consignment. The institutions with the authority of customs declaration can be
entrusted to go through the procedure of declaration for passengers. The
institution of import and export commodities inspection should inspect the
commodities declared for export strictly according to the regulations.
11. All the frontier ports approved for opening-up by the State Council
must set up customs and institutions of import and export commodities
inspection and should have compatible places for inspection and examination;
the category-1 ports which are not approved for opening-up or resumption by
the State Council and the category-2 ports which are not approved for
opening-up by the people’s government of provinces, autonomous regions and
municipalities directly under the Central Government should be closed by the
end of 1993. The supervision of the customs and the inspection of commodities
should also be reinforced at seasonal frontier ports.
The frontier ports which are listed in the agreements of opening up ports
between our country and the neighbouring countries should be coordinated by
the Ministry of Foreign Affairs and verified as soon as possible through
diplomatic channels. At the same time the preparations for the establishment
of customs, frontier defences, import and export commodities inspection and
port institutions should be speeded up. The local people’s government should
support the construction of the institutions and facilities of the frontier
ports.
12. All the people’s governments of provinces and autonomous regions,
with the coordination of the customs and the departments concerned of import
and export commodities inspection, frontier inspection, administration of
industry and commerce, technological supervision and the public security
organs, procuratorial organs and people’s courts, should mobilize a special
force to investigate and deal with typical cases, and punish strictly and
severely. The institutions of the joint-inspection and the departments
concerned should be devoted to their service, be honest in performing their
duties, coordinate each other closely, take charge of the issue together,
and make progress in the prevention of the flow of fake and low-quality
commodities across the border.
Implementing Rules of the Trademark Law of the PRC
(Effective Date 1995.04.23)
CHAPTER I GENERAL PROVISIONS
CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION
CHAPTER III EXAMINATION OF TRADEMARK REGISTRATIONS
CHAPTER IV CHANGE, ASSIGNMENT, RENEWAL, AND DETERMINATION OF
DISPUTES OVER REGISTERED TRADEMARKS
CHAPTER V ADMINISTRATION OF TRADEMARK USE
CHAPTER VI PROTECTION OF THE RIGHT TO EXCLUSIVE USE OF
REGISTERED TRADEMARKS
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 1 These Rules are formulated in accordance with the provisions of Article 42 of the Trademark Law of the People’s Republic of
China (hereinafter referred to as the “Trademark Law”).
Article 2 Applicants for trademark registration must be enterprises, institutions, social organizations, individual industrialists
or businessmen or partnerships of individuals that are formed in accordance with the law, or foreign nationals or foreign
enterprises that conform to the provisions of Article 9 of the Trademark Law.
The provisions of these Rules about trademarks of goods are applicable to trademarks of services.
Article 3 In applying for trademark registration, registration of assignments, registration of renewals, the change of name or address
of a registrant, the replacement of a Trademark Registration Certificate or other related matters, the applicants may entrust
a trademark agency authorized by the State Administration for Industry and Commerce to represent them, and may also
perform the application formalities directly by themselves.
When foreign nationals or foreign enterprises wish to apply in China for trademark registration and the handling of other trademark
matters, they shall entrust a trademark agency appointed by the State Administration for Industry and Commerce to represent
them.
The international registration of trademarks shall be done in accordance with the Madrid Agreement for International Registration
of Trademarks.
Article 4 Applicants for trademark registration, registration of assignments, registration of renewals, the change of name or address
of a registrant, the replacement of a certificate, trademark review and adjudication or other related matters must pay
the prescribed fees in accordance with relevant provisions.
Article 5 The Trademark Office of the State Administration for Industry and Commerce (hereafter referred to as the “Trademark Office”)
shall establish and maintain a Trademark Register in which shall be entered registered trademarks and relevant registration
matters.
The Trademark Office shall compile and publish an Announcement of Trademarks in which shall be printed the trademarks registered
and other related matters.
Article 6 Collective trademarks and certification trademarks that have been approved and registered by the Trademark Office shall be protected
by the law in accordance with the provisions of Article 3 of the Trademark Law.
Provisions for the registration and administration of collective trademarks and certification trademarks shall be formulated
separately by the State Administration for Industry and Commerce in cooperation with other departments concerned of the
State Council.
Article 7 Registered trademarks must be used on the pharmaceuticals for human use and tobacco products prescribed by the State and announced
by the State Administration for Industry and Commerce.
Other goods that the State has designated as requiring the use of a registered trademark shall be announced by the State Administration
for Industry and Commerce.
Article 8 The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Board, the responsibility
of which is to make final decisions or rulings on matters submitted for review and adjudication in accordance with the Trademark
Law and these Rules.
CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION
Article 9 In applying for trademark registration, separate applications shall be filed in accordance with the respective classes of goods
as specified in the table for the classification of goods that has been published. For the registration of each trademark
applied for, one Application for Trademark Registration shall be filed with the Trademark Office, accompanied by 10 samples
of the trademark (when specific colors are designated for a trademark in color, the samples filed shall be in color), plus
one black-and-white draft.
The samples of the trademarks must be clear, easy to paste, printed on durable paper with a smooth finish or, instead of
being printed, photographed; they shall not be larger than ten centimeters or less than five centimeters in length and width.
Article 10 The application for trademark registration and related forms and attachments shall be filled in or written neatly and clearly
with a pen, writing brush or typewriter.
The name and seal of the applicant for trademark registration shall be identical with those that have been approved or registered.
The goods listed in the application must not overstep the approved or registered scope of business. The names of the goods
shall be filled in or written as specified in the table for the classification of goods; for goods that are not listed
in the said table, goods directions shall be attached to the application.
Article 11 In applying for trademark registration on pharmaceuticals for human use, certification documents from the administrative department
of public health shall be attached to the application.
In applying for trademark registration on cigarettes, cigars or packaged cut tobacco, documentation concerning production approval
from the government agency in charge of tobacco shall be attached to the application.
In applying for trademark registration on other goods that the State has designated as requiring the use of a registered trademark,
the approval documentation from the competent authorities shall be attached to the application.
Article 12 The date of application for registration of a trademark shall be the date the application form for the same is received
by the Trademark Office. If the applicant has gone through all the necessary application procedures and the application
form is filled in as prescribed, an application number shall be compiled and a Notice of Cognizance issued to the
applicant; if the applicant has not gone through all the necessary application procedures or the application form is not
filled in as prescribed, the application shall be returned to the applicant, and the date of application shall not be maintained.
If the applicant has in the main gone through the necessary application procedures or the application form is in the main
filled in as prescribed, but some addition or correction is required, the Trademark Office shall notify the applicant of
the requirement and ask the latter to make the required addition or correction and return the application form to the Trademark
Bureau within 15 days, starting from the day the notice is received. If the addition or correction is made and the application
form returned to the Trademark Bureau within the time limit, the date of application shall be maintained; in case of failure to
make the addition or correction or to do so within the time limit, the application shall be returned to the applicant,
and the date of application shall not be maintained.
Article 13 If two or more applicants apply on the same day for registration of identical or similar trademarks for the same kind
of goods or similar goods, each applicant shall submit, within 30 days and as notified by the Trademark Office, proof of the
date of the first use of its trademark. In case the trademarks were first used on the same day, or neither is yet in use,
the applicants shall settle the matter by consultation. If agreement is reached through consultation, they shall submit their
written agreement to the Trademark Office within 30 days; if no agreement is reached within 30 days, the applicants shall settle
the matter by drawing lots under the auspices of the Trademark Office, or the matter shall be determined by the Trademark
Office.
Article 14 Applicants that entrust trademark agencies to apply for trademark registration or handle other trademark matters on their
behalf should submit powers of attorney for their agents, which shall state the matters to be handled by the agents and the scope
of the agents’ powers; a power of attorney issued by a foreign national or foreign enterprise shall, in addition, state the
nationality of the principal.
The Chinese language should be used in the application from a foreign national or foreign enterprise for trademark registration
or the handling of other trademark matters. The formalities for the notarization or certification of a power of
attorney and related proof shall be performed in accordance with the principle of reciprocity. Chinese translations shall
be attached to the documents and forms done in foreign languages.
Article 15 The Trademark Office is the agency to take cognizance of matters relating to the application for priority in trademark
registration. The specific procedures shall follow the provisions published by the State Administration for Industry and
Commerce.
CHAPTER III EXAMINATION OF TRADEMARK REGISTRATIONS
Article 16 The Trademark Office shall, in accordance with the Trademark Law, examine an application of which it has taken cognizance. It
shall give preliminary approval to and publish any trademark that conforms to the relevant provisions of the Trademark
Law and has distinctive characteristics; in case an application is rejected, the Trademark Office shall issue to the
applicant a Notice of Rejection.
If the Trademark Office holds that an application for trademark registration can be revised, it shall issue a Notice
of Examination Suggestions to the applicant and request the latter to make the revision within 15 days from the day the
notice is received. In case the application is not revised or not revised within the time limit or, though revised,
still not conformable to the relevant provisions of the Trademark Law, it shall be rejected and a Notice of Rejection issued
to the applicant.
Article 17 In requesting reexamination of a trademark that has been rejected, the applicant shall file an Application for Reexamination
of a Rejected Trademark with the Trademark Review and Adjudication Board within 15 days from the day the Notice of Rejection
is received. The original Application for Trademark Registration, the original ten samples and black-and-white draft
of the trademark as well as the Notice of Rejection shall be appended to that application.
The Trademark Review and Adjudication Board shall make a final decision and so notify the applicant in writing. If the final decision
is that the trademark shall be approved preliminarily, the matter shall be transferred to and dealt with by the Trademark
Office.
Article 18 In bringing an opposition to a trademark that has been preliminarily approved and published by the Trademark Office,
the opposer shall file a Trademark Opposition, one original and one duplicate copy, with the Trademark Office; the
Trademark Opposition shall specify the numbers of the issue and the page of the Announcement of Trademarks on which the
opposed trademark is published, and the serial number of preliminary examination and approval. The Trademark Office shall
send the Trademark Opposition to the opposed party and request the latter to file its defense within 30 days from the day
the notice is received; it shall make a ruling on the basis of the facts and reasons stated by the parties. In case no defense
is filed within the time limit, the Trademark Office shall make a ruling and notify the parties concerned of this.
If the registration of an opposed trademark has been announced before the ruling on the opposition becomes effective, the
announcement of registration of that trademark is void.
Article 19 A party that disagrees with the ruling made by the Trademark Office on the opposition may apply for a reexamination by filing
an Application for Reexamination of Trademark Opposition, one original and one duplicate copy, with the Trademark Review
and Adjudication Board within 15 days from the day the notice of the ruling on trademark opposition is received.
The Trademark Review and Adjudication Board shall make a final ruling and so notify the parties concerned in writing; it shall
then transfer the matter to the Trademark Office to be handled by the latter.
A trademark to which the opposition is found to be not justified shall be approved and registered by the Trademark Office after
the ruling on trademark opposition comes into effect.
CHAPTER IV CHANGE, ASSIGNMENT, RENEWAL, AND DETERMINATION OF DISPUTES OVER REGISTERED TRADEMARKS
Article 20 In applying for a change in the name of a trademark registrant, with respect to each trademark there shall be filed with
the Trademark Office one Application for the Change of a Trademark Registrant’s Name and one certificate for the change.
After examination and approval by the Trademark Office, a corresponding certificate shall be issued to the registrant and the
change shall be published.
In applying for a change in the address of a trademark registrant or in other registration matters, with respect to each change
there shall be filed with the Trademark Office one Application for the Change of a Trademark Registrant’s Address or
Application for a Change in Other Registration Matters of a Trademark and one corresponding certificate for the change.
After examination and approval by the Trademark Office, a corresponding certificate shall be issued to the registrant and the
change shall be published.
In changing the name or address of a trademark registrant, the trademark registrant must perform the procedures for all its trademarks
at the same time.
Article 21 In applying for the assignment of a registered trademark, the assignor and the assignee shall file one Application for Assignment
of a Registered Trademark with the Trademark Office. The application procedures for assignment of a registered trademark
shall be performed by the assignee, which must conform to the provisions of Article 2 of these Rules. After examination
and approval by the Trademark Office, a corresponding certificate shall be issued to the assignee, and the assignment
shall be published.
In assigning a registered trademark, the trademark registrant must perform the procedures for all its identical or similar
trademarks registered for the same kind of goods or similar goods. In the assignment of a trademark for goods prescribed
in Article 7 of these Rules, the assignee shall present certification documents from the departments concerned in accordance
with Article 11 of these Rules.
The Trademark Office shall reject and not approve any application for the assignment of a registered trademark that
may cause misidentification, confusion or other harmful effects.
Article 22 In applying for a renewal of trademark registration, with respect to each trademark applied for there shall be filed with
the Trademark Office one Application for Renewal of Trademark Registration, accompanied by five samples of the trademark, and
the original Trademark Registration Certificate shall be turned back in. After examination and approval by the Trademark Office,
the original Trademark Registration Certificate shall be returned with the necessary notation, and the renewal shall
be published. The Trademark Office shall reject and not approve any application that is not conformable to the relevant
provisions of the Trademark Law.
The effective period for each renewal of a registered trademark shall be calculated from the next day after the expiry of the previous
effective period of that trademark.
Article 23 An applicant that disagrees with the decision of the Trademark Office to reject its application for assignment or renewal
of trademark registration may apply for reexamination by filing one Application for Reexamination of Assignment Rejection
or Application for Reexamination of Renewal Rejection with the Trademark Review and Adjudication Board within 15 days
from the day the notice of rejection is received. The application shall be accompanied by the original Application for
Assignment of a Registered Trademark or Application for Renewal of Trademark Registration as well as the Notice of Rejection.
The Trademark Review and Adjudication Board shall make a final decision and so notify the applicant in writing. If the final decision
is that the assignment or renewal of trademark registration shall be approved, the matter shall be transferred to and
dealt with by the Trademark Office.
Article 24 A trademark registrant that disputes a trademark already registered by another person should, within one year from the day
the said trademark is published in the Announcement of Trademarks, apply for a ruling by filing an Application for Determination
of a Trademark Dispute, one original and one duplicate copy, with the Trademark Review and Adjudication Board.
The Trademark Review and Adjudication Board shall make a final ruling on whether to uphold or revoke the registered trademark in
dispute and so notify the parties concerned in writing, and the matter shall be transferred to and dealt with by the
Trademark Office. A part of the registered trademark shall be revoked, if the reason for revoking involves only that
part. In case the ruling is to revoke a trademark registration, the original trademark registrant shall return the
Trademark Registration Certificate to the Trademark Office within 15 days from the day the notice of that ruling is received.
Article 25 The obtainment of registration by deception or other improper means referred to in Paragraph 1, Article 27, of the Trademark Law
means one of the following acts:
(1) Obtaining registration by making up or holding back the truth of the matter or by faking application forms, attachments or
other related documents;
(2) Using another person’s trademark that is already well-known to the public for registration by means of duplication, imitation,
translation or by other means against the principle of honesty and good faith;
(3) An attorney using its principal’s trademark for registration in its own name without authorization;
(4) Registering in violation of the lawful priority right of others; and
(5) Obtaining registration by other improper means.
A trademark registrant that disagrees with the decision made by the Trademark Office to revoke its registered trademark in
accordance with the provisions of Paragraph 1, Article 27, of the Trademark Law may apply for reexamination by filing
one Application for Reexamination of the Revocation of an Improperly Registered Trademark with the Trademark Review and Adjudication
Board within 15 days from the day the notice of the decision is received. The Trademark Review and Adjudication Board shall
make a final decision and so notify the applicant in writing, and the matter shall be transferred to and dealt with by the
Trademark Office.
Any unit or individual that regards a trademark as having been improperly registered may apply for a ruling by filing
an Application for the Revocation of an Improperly Registered Trademark, one original and one duplicate copy, with the
Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final ruling and so notify
the parties concerned in writing; it shall transfer the matter to the Trademark Office to be handled by the latter.
The improperly registered trademark that has been revoked shall be published by the Trademark Office. The original trademark
registrant shall return the Trademark Registration Certificate to the Trademark Office within 15 days from the day the
notice of decision or ruling is received.
When a registered trademark is revoked in accordance with the provisions of Paragraphs 1 and 2, Article 27, of the Trademark Law,
the right to exclusive use of that trademark shall be regarded as nonexistent from the very beginning. A decision or
ruling to revoke a registered trademark does not apply retrospectively to the judgments or rulings on trademark right
infringement cases made by a people’s court that have already been enforced, the decisions made by an administrative
department for industry and commerce in handling trademark right infringement cases that have already been executed,
or the trademark assignment or licensing contracts that have already been fulfilled prior to the revocation of the said trademark.
But compensation shall be made for malicious damage caused to another person by a trademark registrant.
CHAPTER V ADMINISTRATION OF TRADEMARK USE
Article 26 If a trademark is used, the four Chinese characters ” ” (Registered Trademark) or the symbol ” ” or ” ” shall
be displayed. In case the said characters or symbol cannot be displayed conveniently on goods, they shall be displayed
on the packages or directions of the goods and on other accessories of the goods.
Article 27 Application must be filed for the replacement of a Trademark Registration Certificate that has been lost or damaged. In doing
so, the trademark registrant shall file with the Trademark Office one Application for Replacement of Trademark
Registration Certificate, accompanied by five samples of the trademark. In case the Trademark Registration Certificate
has been lost, an announcement of the loss shall be published in the Announcement of Trademarks. A Trademark Registration
Certificate that has been damaged shall be returned to the Trademark Office.
Any forgery or alteration of a Trademark Registration Certificate shall be penalized with a fine of not more than RMB 0,000 on
the merits of each case by the administrative department for industry and commerce of the place where the forgery or alteration
takes place; the forged or altered Trademark Registration Certificate shall be confiscated.
Article 28 In the event of any one of the acts specified in Paragraphs (1), (2) and (3) of Article 30 of the Trademark Law, the administrative
department for industry and commerce shall order the trademark registrant to correct the situation within a specified
period; if the trademark registrant refuses to comply, the administrative department for industry and commerce of the place
where the trademark registrant is located shall request the Trademark Office to revoke its registered trademark.
Article 29 In the event of the acts specified in Paragraph (4) of Article 30 of the Trademark Law, any one may apply to the Trademark
Office for the revocation of the registered trademark concerned and explain the matter to the said office. The Trademark
Office shall notify the trademark registrant and order it to submit, within three months from the day the notice is received,
proof of the use of that trademark or proper reasons for ceasing to use the trademark. In case of failure to submit the said
proof within the time limit or if the proof is void, the Trademark Office shall revoke the said registered trademark.
The use of trademark referred to in the foregoing paragraph includes its use on goods, the packages or containers of goods, and
documentation of business transactions, and its use for publicity by advertisements, on display or in other business activities.
Article 30 An application to register a trademark that is identical with or similar to the trademark revoked in accordance with the provisions
of Article 29 of these Rules and that is to be used on the same kind of goods or similar goods is free from the restrictions
prescribed in Article 32 of the Trademark Law.
Article 31 In the event of any one of the acts specified in Article 31 and Paragraph (3) of Article 34 of the Trademark Law, the administrative
department for industry and commerce shall order the party in question to correct the act within a specified period; in serious
cases, it shall order a self-criticism by that party, circulate a notice on the matter, and impose a fine of not more than
20% of the sum of illegal business transactions or not more than three times the illegally obtained profit; the goods in
question that are poisonous, harmful or of no use value shall be destroyed; if a registered trademark is used in the case,
it shall be revoked in accordance with the provisions of the Trademark Law.
Article 32 In the event of any one of the acts specified in Paragraphs (1) and (2), Article 34, of the Trademark Law, the administrative
department for industry and commerce shall impose a ban on advertising publicity by the party in question, seize or
take over any representations of the trademark of that party and order that party to correct the situation within a specified
time limit. It may also, on the merits of the case, circulate a notice on the matter and impose a fine of not more than 20%
of the sum of illegal business transactions.
Article 33 In case of violation of the provisions of Article 5 of the Trademark Law, the administrative department for industry and commerce
shall ban the sales and advertising publicity of the goods in question, and seize or take over any representations of the trademark
in question; it may also, on the merits of the case, impose a fine of not more than 10% of the sum of illegal business transactions.
Article 34 No one may manufacture or market representations of trademarks illegally.
In case of violation of the provisions of the foregoing paragraph, the administrative department for industry and commerce shall
stop the acts, take over the trademark representations in question and, on the merits of the case, also impose a fine of
not more than 20% of the sum of illegal business transactions. In addition, in case of a person selling representations
of its own registered trademark, the Trademark Office may revoke that registered trademark; but, if the case is one of
infringement on the right to exclusive use of a registered trademark, it shall be dealt with in accordance with the provisions
of Article 43 of these Rules.
Article 35 A trademark registrant that licenses another person to use its registered trademark must enter into a trademark licensing contract
with the latter. Within three months from the day the licensing contract is signed, the licenser and licensee shall submit
a copy of the licensing contract to a local county-level administrative department for industry and commerce for the record;
the matter shall be reported by the licenser to the Trademark Office for the record and to be published by the latter.
In the event of violation of the provisions of the foregoing paragraph, the administrative department for industry and commerce
of the place where the licenser or licensee is located shall order the party in question to correct the situation within
a specified period; if there is a refusal to correct the situation, a fine of not more than RMB 0,000 shall be imposed and
the matter may be reported to the Trademark Office for the revocation of the registered trademark in question.
In the event of violation of the provisions of Paragraph 2, Article 26, of the Trademark Law, the administrative department for
industry and commerce of the place where the licensee is located may order the party in question to correct the situation
within a specified period, take over the trademark representations in question and, on the merits of the case, also impose
a fine of not more than RMB 0,000.
Article 36 When a trademark registrant licenses another person to use its registered trademark, the licensee must be one that conforms to
the provisions of Article 2 of these Rules.
When a trademark registrant licenses another person to use its trademark for goods specified in Article 7 of these Rules, the licensee
shall, in accordance with the provisions of Article 11 of these Rules, attach certification documents from the competent
authorities to the copy of licensing contract submitted for the record.
Article 37 When the Trademark Office decides to revoke a registered trademark in accordance with the provisions of Articles 30 and 31
of the Trademark Law and those of Articles 28, 29, 31, 34 and 35 of these Rules, it shall notify, in writing, the trademark
registrant and the administrative department for industry and commerce of the place where the trademark registrant is located.
A trademark registrant that disagrees with the decision of the Trademark Office to revoke its registered trademark may apply for
reexamination by filing an Application for Reexamination of Trademark Revocation with the Trademark Review and Adjudication
Board with 15 days the notice of decision is received.
The Trademark Review and Adjudication Board shall make a final decision, so notify, in writing, the trademark registrant and the
administrative department for industry and commerce of the place where the trademark registrant is located, and transfer
the matter to the Trademark Office to be dealt with by the latter.
Article 38 A trademark registrant that ap
| Category |
BANKING |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1993-01-20 |
Effective Date |
1993-03-01 |
|
|
|
Measures of the People’s Republic of China for Control of Carrying the State Currency Into and out of China
|
(Promulgated by Decree No.108 of the State Council of the People’s
Republic of China on January 20, 1993 and effective as of March 1, 1993)
Article 1 These Measures are formulated in order to strengthen
the control of carrying the State currency into and out of China,
maintain the order of the State finance and meet the needs of the
reform and opening.
Article 2 The term “the State currency”, referred to in these Measures,
denotes Renminbi issued by the People’s Bank of China.
Article 3 The State implements the quota system on the control of
carrying the currency into and out of China.
When Chinese citizens and foreigners enter and leave China, the
amount of Renminbi carried by individuals for each trip shall not
exceed the quota. The specific quota shall be prescribed by the
People’s Bank of China.
Article 4 The State currency carried personally over the borders
shall be declared to the Customs accurately in accordance with the
State’s provisions.
Article 5 It is not permitted to send the State currency into and
out of China by post. It is not permitted, without authorization, to
transport the State currency into and out of China.
Article 6 If the State currency has been transported, carried or
sent by post in violation of the State’s provisions, the relevant
departments of the State shall deal with such cases in accordance with
laws; if the cases are serious enough to constitute a crime, the
judicial organs shall investigate the criminal responsibilities in
accordance with laws.
Article 7 The People’s Bank of China shall be responsible for the
interpretation of these Measures.
Article 8 These Measures shall go into effect as of March 1,
1993. Measures of the People’s Republic of China for Prohibition
against Taking the State Currency into and out of China promulgated
by the Government Administration Council of the Central People’s
Government on Match 6, 1951 shall be annulled simultaneously.
|
The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No.18
“Decision of the Standing Committee of the National People’s Congress Concerning the Application of Interim Regulations on Such Taxes
As Value-added Tax, Consumption Tax and Business Tax to Foreign Investment Enterprises and Foreign Enterprises” is adopted at the
Fifth Meeting of the Standing Committee of the Eighth National People’s Congress on December 29, 1993, and is promulgated . This
law is effective as of the same date of promulgation.
President of the People’s Republic of China: Jiang Zemin
December 29, 1993
Decision of the Standing Committee of the National People’s Congress Concerning the Application of Interim Regulations on Such Taxes
as Value-added Tax, Consumption Tax and Business Tax to Enterprises with Foreign Investment and Foreign Enterprises
The Fifth Meeting of the Standing Committee of the Eighth National People’s Congress, having considered the proposal submitted by
the State Council on the Application of the Interim Regulations on such taxies as Value-added Tax, Consumption Tax and Business Tax
to Enterprises with Foreign Investment and Foreign Enterprises, specifically makes the following decisions with a view to unifying
the tax system, balancing the tax burden, improving the investment environment of our country, and catering for the need of establishing
and developing the socialist market economy:
1.
Before the relevant tax laws are formulated, the Interim Regulations on Value-added Tax, the Interim Regulations on Consumption Tax
and the Interim Regulations on Business Tax promulgated by the State Council shall be applicable to enterprises with foreign investment
and foreign enterprises from the date of January 1, 1994. The Regulations of the People’s Republic of China on Consolidated Industrial
and Commercial Tax (Draft) adopted in principle at the 101st Meeting of the Standing Committee of the National People’s Congress
on September 11, 1958 and promulgated by the State Council for trial implementation on September 13, 1958 shall be nullified on the
same date.
Value-added Tax for the Chinese-foreign co-operative exploitation of offshore oil and natural gas shall be collected in kind. The
tax rates and measures of collection shall be separately formulated by the State Council.
2.
Where the tax burden of the enterprises with foreign investment approved to be established before the date of December 31, 1993 increases
due to the imposition of Value-added Tax, Consumption Tax and Business Tax pursuant to Article 1 of this Decision, such enterprises
may, upon application to and with the approval of the tax authorities, have a refund on the excess tax paid due to such increased
tax burden within the approved operation time-limit, and a maximum time-limit to be approved may not exceed five years. If there
is no limit on operation period, the enterprises may, upon application to and with the approval of the tax authorities, have a refund
on the excess tax paid due to such increased tax burden for a maximum of five years. The detailed measures shall be formulated by
the State Council.
3.
Apart from Value-added Tax, Consumption Tax and Business Tax, other types of taxes applicable to enterprises with foreign investment
and foreign enterprises shall be implemented in accordance with the laws where there are such provisions; and be implemented in accordance
with the stipulations of the State Council where there are no such provisions in the laws.
Enterprises with foreign investment mentioned in this Decision means Chinese-foreign equity joint ventures, Chinese-foreign contractual
joint ventures and foreign-capital enterprises established within the territories of China.
Foreign enterprises mentioned in this Decision means foreign companies, enterprises and other economic organizations which have set
up institutions or places within the territories of China to engage in production or business operations, or though they have not
set up any institutions or places, they have income sourced within the territories of China.
This Decision shall enter into force as of the date of promulgation.
|
|
The Standing Committee of the National People’s Congress
1993-12-29
|
|
| Category |
FOREIGN AFFAIRS |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1993-12-05 |
Effective Date |
1993-12-05 |
|
|
|
Regulations of the State Council of the People’s Republic of China on Giving and Receiving Gifts in Official Functions Involving
Foreigners |
(Promulgated by Decree No.133 of the State Council of the People’s
Republic of China on December 5, 1993)
Article 1 The present Regulations are formulated for the purpose of
strengthening management of giving and receiving gifts by employees of the
state administrative organs in official functions involving foreigners with
a view to enforcing disciplines in foreign affairs and keeping the hands
clean.
Article 2 “Gifts” in the present Regulations refer to presents in cash
and kind or negotiable securities.
Article 3 Gifts may be given to foreigners in keeping with international
practice and the needs for external relations. The cash values of such gifts
shall be specified separately.
Article 4 The principles of economy and simplicity shall be observed in
giving gifts, which shall mainly be souvenirs with distinctive Chinese
characteristics, traditional handicraft items and practical necessities.
Article 5 The Chinese host shall not give gifts to visiting foreign
guests unless they give gifts first, in which case return gifts may be given
as appropriate.
Article 6 The giving of gifts or return gifts shall be subject to
approval by ministries under the State Council or people’s governments of
provinces, autonomous regions or municipalities directly under the Central
Government, or the organs authorized by them. Such cases shall be reviewed
strictly before approval.
Article 7 Gifts received in official functions involving foreigners shall
be disposed of properly. The recipient shall fill out a form declaring any
gift with the Chinese market value higher than RMB200 yuan within one month
from the date of its reception (or from the date of return to China if it is
received abroad) and surrender it to the competent authorities or the work
unit where the recipient belongs to. A gift worth less than RMB200 yuan can
be kept by the recipient or the work unit he belongs to.
Gifts in cash and negotiable securities offered by the foreign party in
official functions shall be declined, or shall be handed over to the State
Treasury if this proved impossible.
Article 8 In official functions involving foreigners, no state employee
shall give or receive gifts without authorization, nor shall he solicit gifts
from foreigners either explicitly or implicitly.
Article 9 The Bureau of Government Offices Administration under the
State Council is responsible for the safekeeping and disposal of the gifts
handed over by various departments under the State Council.
Local people’s governments at and above the county level shall designate
a special body to safekeep and dispose of the gifts turned in by the
departments under them.
Article 10 All gifts-management bodies and relevant departments shall
record the collected gifts in a register, put them under good care and
dispose of them in a timely fashion. Every year, they shall inform the
gifts-receiving units, which in turn shall inform the gifts-recipients, of the
disposal of the gifts in question.
Article 11 Supervision and review over the giving and receiving of gifts
in official functions involving foreigners will be conducted by the state
supervisory bodies in accordance with relevant regulations.
Article 12 Should employees of the state administrative organs act in
violation of the present Regulations, administrative disciplinary actions
shall be taken against them and the responsible officials of their work units.
If their actions constitute criminal offenses, they will be prosecuted by the
judicial departments in accordance with law.
the administrative disciplinary actions against employees of the state
administrative organs shall be taken in accordance with the provisions on the
terms of reference for personnel management and the established procedures.
Article 13 The present Regulations shall also apply to the giving and
receiving of gifts by government employees of the state administrative organs
in official functions involving Chinese nationals living abroad or residents
from Hong Kong, Macao, or Taiwan.
Article 14 The General Office of the State Council is responsible for the
interpretation of the present Regulations.
Article 15 The present Regulations shall come into force as of the date
of their promulgation.
| Category |
CULTURE |
Organ of Promulgation |
The State Council and the Central Military Commission |
Status of Effect |
In Force |
| Date of Promulgation |
1993-09-11 |
Effective Date |
1993-09-11 |
|
|
|
Radio Regulations of the People’s Republic of China |
Chapter I General Provisions
Chapter II Radio Regulatory Organs and Their Duties
Chapter III Establishment and Operation of Radio Stations
Chapter IV Management of Frequencies
Chapter V Development, Manufacture, Sale and Importation of Radio
Chapter VI Radio Radiation of Non-Radio Equipment
Chapter VII Foreign-Related Matters Relating to Radio Regulation
Chapter VIII Radio Monitoring, Supervision and Inspection
Chapter IX Penalty Provisions
Chapter X Supplementary Provisions
(Promulgated in Decree No.128 by the State Council of the People’s
Republic of China and the Central Military Commission of the People’s Republic
of China on September 11, 1993 and effective as of the date of promulgation)
Chapter I General Provisions
Article 1 These Regulations are established with a view to ensuring the
efficient use of the resources of radio frequency spectrum and the proper
operation of the various radiocommunication services by strengthening radio
management and maintaining the order of radio waves in the air.
Article 2 These Regulations shall apply to any radio station established
and operated in the People’s Republic of China, any radio transmission
equipment developed and manufactured therein or imported thereto, and any
non-radio equipment radiating radio waves.
Article 3 In radio regulation the People’s Republic of China carries out
the principle of unified leadership and planning with managerial work divided
among radio regulatory organs of different levels and responsibilities
delegated to them. Its aim is to promote the development of radiocommunication
by means of scientific management of the radio frequency spectrum.
Article 4 The resources of radio frequency spectrum is owned by the
State, which carries out the principle of planning its use in a centralized
manner, exploiting it rationally, managing it scientifically and providing
frequencies on a chargeable basis.
Article 5 The State encourages scientific research on the resources of
the radio frequency spectrum in addition to its exploitation and utilization,
so as to promote advanced technologies and improve the management of the radio
frequency spectrum.
Citations or rewards shall be given to the institutions and individuals
that have made significant contributions in the management of the radio
frequency spectrum and the related scientific research.
Chapter II Radio Regulatory Organs and Their Duties
Article 6 The state radio regulatory organ shall be responsible for the
nationwide management of the radio frequency spectrum under the co-leadership
of the State Council and the Central Military Commission of the People’s
Republic of China. Its essential duties shall be:
a) to formulate the principles, policies and administrative acts for radio
regulation;
b) to establish rules and regulations governing radio regulation;
c) to undertake the centralized management of the radio stations and their
frequencies;
d) to coordinate efforts and deal with matters relating to radio
regulation;
e) to establish inter-sectoral common standards for radio regulation;
f) to arrange scientific research in the field of radio regulation;
g) to undertake radio monitoring nationwide; and
h) to deal with foreign-related matters concerning radio regulation in a
centralized manner.
Article 7 The radio regulatory organ of the Chinese People’s Liberation
Army shall be responsible for radio regulation in the military. Its essential
duties shall be:
a) to participate in formulating and implement the principles, policies,
acts, and rules and regulations of the state, governing radio regulation, and
formulate the rules applicable to the military;
b) to examine and approve the establishment of the military radio stations
and issue licenses to the military radio stations;
c) to plan, assign and manage radio frequencies used for the military;
d) to approve the development, manufacture and sale of military radio
communication equipment, and also the technical specifications concerning the
radio regulation of the radio communication equipment to be purchased or
imported by the military;
e) to arrange scientific research in the field of radio regulation in the
military, and establish technical standards of military radio regulation;
f) to exercise supervision and carry out inspections of matters relating
to radio regulation in the military; and
g) to participate in dealing with matters concerning the military civilian
relations in the field of radio regulation.
Article 8 The radio regulatory organs of provinces, autonomous regions,
municipalities directly under the Central Government and prefectural cities
are responsible, under the co-leadership of the next higher radio regulatory
organ and the People’s government of the same level, for radio regulation
other than that in the military in the areas which come within their
respective jurisdiction. Their essential duties shall be:
a) to implement the principles, policies, acts, and rules and regulations
of the state, governing radio regulation;
b) to formulate specific rules and regulations on radio regulation
applicable to the localities concerned;
c) to coordinate efforts and deal with matters relating to radio
regulation within their respective administrative areas;
d) to examine and approve, under their respective terms of reference, the
sites of the radio stations to be built and their distribution as a whole,
assign frequencies and call signs, and issue licenses to radio stations; and
e) to undertake radio monitoring within their respective administrative
areas.
Article 9 The radio regulatory organs of the appropriate ministries and
commissions under the State Council shall be responsible for radio regulation
in the sectors concerned. Their essential duties shall be:
a) to implement the principles, policies, acts, and rules and regulations
of the state, governing radio regulation;
b) to formulate specific rules and regulations applicable to the sector
concerned;
c) to examine and approve, under the powers stipulated by the State
Council and as the mandatary of the state radio regulatory organ, the sites of
the radio stations to be built in the sector concerned and their distribution
as a whole, assign frequencies and call signs, and issue licenses to radio
stations; and
d) to perform any other duties mandated by the state radio regulatory
organ.
Article 10 The National Radio Monitoring Centre with its radio monitoring
stations of different levels, the National Radio Spectrum Management Centre
and the National Research Institute of Radio Spectrum Management shall conduct
radio monitoring, technical examination, development of new technologies and
scientific research respectively.
Chapter III Establishment and Operation of Radio Stations
Article 11 Any institution or individual that intends to establish and
operate a radio station shall submit a written application and undergo the
examination and approval procedures to obtain a radio station license.
Article 12 Any radio station intended to be established and operated
shall satisfy the following requirements:
a) its radio equipment shall meet the related national technical standards;
b) its operators shall have a good knowledge of the relevant provisions
governing radio regulation, and the corresponding professional skills and
qualification for operation;
c) its radio network has an economical and rational design, if necessary,
and a safe and reliable working environment; and
d) the institution or individual that intends to establish the radio
station has established appropriate management measures.
Article 13 The applications for the establishment and operation of the
following radio stations shall be submitted to the appropriate radio
regulatory organ for examination and approval in accordance with the
provisions of this Article:
a) Any radio station whose communication range or service area covers two
and more provinces or goes beyond the national boundaries, or which is
established and operated by a ministry or commission (including any of its
Beijing-based directly affiliated departments), or which is established and
operated for a special purpose shall be subject to the examination and
approval of the state radio regulatory organ.
b) Any radio station whose communication range or service area covers
several prefectures within the territory of a province or an autonomous
region, or which is established and operated by a provincial or autonomous
regional department (including any of its provincial-capital-based directly
affiliated departments) shall be subject to the examination and approval of
the radio regulatory organ of the province or autonomous region concerned.
Any radio station whose communication range or service area is within the
territory of a municipality directly under the Central Government shall be
subject to the examination and approval of the radio regulatory organ of the
municipality concerned.
c) Any radio station whose communication range or service area is within
the territory of a prefectural city shall be subject to the examination and
approval of the radio regulatory organ of the city concerned.
The fixed radio stations to be established in accordance with the
preceding provisions shall, in addition, obtain the prior agreement of the
next higher sectoral authority.
Any radio station which will operate a special service shall be subject to
the examination and approval of the appropriate ministry of commission under
the State Council mandated by the state radio regulatory organ.
Article 14 Standardized radio stations on board ships, locomotives and
aircrafts shall obtain licenses in accordance with the relevant provisions and
report the matter for the record to the state radio regulatory organ or the
radio regulatory organ of the locality concerned.
Article 15 The establishment of any amateur radio station shall be
examined and approved according to the state regulations governing the amateur
radio stations.
Article 16 The distribution and location of fixed radio stations within
the planned area(s) of a city shall be in conformity with the overall plan of
the city, and be planned and administered by authorities concerned. The city’s
department in charge of planning shall make unified arrangements to offer the
necessary working environment for radio stations in question.
Article 17 Call signs of radio stations shall be prepared and allotted by
the state radio regulatory organ, and assigned by the state radio regulatory
organ, the radio regulatory organs of localities or the appropriate
ministries or commissions under the State Council mandated by the state radio
regulatory organ.
The call signs assigned by the appropriate ministries or commissions under
the State Council shall be notified for the record to the radio regulatory
organ of the province, autonomous region or municipality directly under the
Central Government where the radio stations in question are located.
The call signs of ship-borne radio stations assigned by radio regulatory
organ shall be notified to the competent communication department under the
State Council for the record.
Article 18 The radio station licenses shall be printed exclusively by the
state radio regulatory organ and granted by the state radio regulatory organ,
the radio regulatory organs of localities or the appropriate ministries or
commissions under the State Council mandated by the state radio regulatory
organ.
Article 19 In case of emergencies which jeopardized the safety of
people’s lives and properties, unauthorized radio equipment may be put into
use on a provisional basis, subject to timely notification to the radio
regulatory organ concerned.
Article 20 Radio stations which have been approved to operate shall
conduct operations according to the authorized characteristics and shall not
transmit or receive signals unrelated to their authorized services. If there
is a need to change the authorized characteristics, an application for
modification shall be submitted to the original approving organ.
In case of discontinuation or cancellation of the operation of a radio
station, appropriate formalities shall be gone through in time with the
original approving organ.
Article 21 Any institution or individual that operates a radio station
shall strictly abide by the state’s appropriate security regulations.
Chapter IV Management of Frequencies
Article 22 The state radio regulatory organ shall allocate and allot
radio frequencies on a centralized basis.
The state radio regulatory organ and the radio regulatory organs of
localities shall assign radio frequencies to radio stations, under their
respective terms of reference.
The appropriate ministries or commissions under the State Council shall
assign frequency bands and frequencies allotted to the sectors concerned and
notify them for the record to the state radio regulatory organ or the radio
regulatory organs of the localities concerned.
Article 23 Radio frequencies shall be assigned and used in compliance
with the provisions stipulated by the state governing the management of
frequencies.
Radio frequencies which have been assigned may be adjusted or withdrawn by
the original assigning organs in consultation with the departments using them.
If a frequency is intended to remain usable when its term of usage
expires, appropriate formalities for renewal shall be gone through.
In no case may any institution or individual transfer its or his
frequency(ies) without the permission of the state radio regulatory organ or
the radio regulatory organ of the locality concerned. Any form of lease of
radio frequencies, open or covert are prohibited.
Article 24 In the circumstances where control over radiocommunication is
effected for the security of the state or the implementation of any critical
task, any institution or individual that has installed radio transmission
equipment and other equipment radiating radio waves within the area under
control shall abide by the relevant provisions on control.
Article 25 The radio regulatory organs shall protect the radio stations
established in compliance with law from harmful interference in the use of
their frequencies.
In dealing with cases of harmful interference, the following principles
shall be followed:
a) out-of-band uses making way for in-band ones;
b) secondary services making way for primary ones;
c) late uses making way for early ones; and
d) non-planned assignments making way for planned ones.
Exceptionally, such cases may be harmonized and handled by the state radio
regulatory organ, taking the concrete conditions into consideration.
Chapter V Development, Manufacture, Sale and Importation of Radio
Transmission Equipment
Article 26 The working frequencies and frequency bands of the radio
transmission equipment to be developed shall be in conformity with the
provisions of the state relating to radio regulation and notified to and
approved by the state radio regulatory organ.
Article 27 The working frequencies, frequency bands and related technical
specifications of the radio transmission equipment to be manufactured shall be
in conformity with the provisions of the state relating to radio regulation
and notified for the record to the state radio regulatory organ and the radio
regulatory organ of the locality concerned.
Article 28 In the process of development and manufacture of radio
transmission equipment, effective measures shall be taken to suppress radio
wave emission. Field emission trials are subject to the approval of the state
radio regulatory organ or the radio regulatory organ of the locality concerned.
Article 29 The working frequencies, frequency bands and related technical
specifications of the radio transmission equipment to be imported from abroad
shall be in conformity with the provisions of the state relating to radio
regulation and notified to and approved by the state radio regulatory organ or
the radio regulatory organs of provinces, autonomous regions and
municipalities directly under the Central Government.
Article 30 The radio transmission equipment manufactured and sold by
enterprises shall meet the relevant national technical standards and the
provisions of applicable laws and acts governing quality control. The
departments responsible for quality control under the People’s Governments at
the county level and above shall conduct checks and exercise supervision of
the quality of such equipment in accordance with the relevant laws and acts.
Chapter VI Radio Radiation of Non-Radio Equipment
Article 31 Radio Radiation generated from non-radio equipment such as
industrial, scientific and medical apparatus or installations, electric
transportation systems, high-voltage power wires and other electric appliances
shall comply with the relevant provisions of the state and shall not cause
harmful interference to radio services.
Article 32 The locations of construction facilities generating radio
radiation, which are apt to cause harmful interference to radio stations,
shall be determined by the planning department of the city and the radio
regulatory organ concerned through consultation.
Article 33 If non-radio equipment causes harmful interference to radio
stations, its owner or user shall take measures to eliminate the interference.
If the proper operation of an aircraft or a ship is jeopardized, the non-radio
equipment in question shall cease to operate.
Chapter VII Foreign-Related Matters Relating to Radio Regulation
Article 34 Any foreign-related matter as regards the allocation,
allotment and coordination of frequencies as well as cases of mutual harmful
interference between Chinese and overseas radio stations, shall be submitted
to the state radio regulatory organ for solution in negotiation with the
international organization(s) or country(ies) or region(s) involved.
Article 35 Any foreign embassy or consulate in China and any
representative office in China of the United Nations, its specialized agencies
and international organizations enjoying diplomatic privileges, which intends
to bring or transport radio equipment into China for establishing and
operating a radio station shall submit its application in advance to the state
radio regulatory organ for approval through diplomatic channels.
Any foreign users such as other representative offices, foreign
organizations and businessmen in China, who intend to bring or transport radio
equipment into China for establishing and operating a radio station shall
submit their applications in advance through the Chinese sectoral authority
concerned or the host department to the state radio regulatory organ and the
radio regulatory organ of the locality concerned for approval in accordance
with the provisions of Article 13 of these Regulations.
Article 36 Any foreign ship-borne station or platform-borne station at
sea, any foreign aircraft-borne station and any foreign vehicle-borne station
operating on the Chinese territory shall abide by the relevant international
treaties which the People’s Republic of China has concluded and accede to, and
laws, acts and rules and regulations of the People’s Republic of China.
Article 37 The departments concerned shall send the information of radio
stations required by the International Telecommunication Union (ITU) to the
state radio regulatory organ, which shall forward it to the ITU in a
centralized manner.
Article 38 Any foreign organization or person shall not use electronic
monitoring equipment of any kind to measure radiowave parameters on the
Chinese territory without the approval of the state radio regulatory organ.
Chapter VIII Radio Monitoring, Supervision and Inspection
Article 39 The National Radio Monitoring Centre, the national radio
monitoring stations, the radio monitoring stations of provinces, autonomous
regions, municipalities directly under the Central Government and prefectual
cities shall be responsible for the implementation of the monitoring of radio
signals.
Article 40 The essential duties of the radio monitoring stations of
different levels shall be:
a) to monitor the operation of radio stations to determine whether they
are operating in accordance with the procedures stipulated and the authorized
characteristics;
b) to identify sources of radio interference and unapproved radio stations
in operation;
c) to measure the main technical specifications of radio equipment;
d) to monitor the radiowave radiation of non-radio equipment such as
industrial, scientific and medical apparatus or installations; and
e) to perform any other duties stipulated by the state radio regulatory
organ and the radio regulatory organ of the locality concerned.
Article 41 The radio monitoring stations of the appropriate ministries or
commissions under the State Council shall effect radio monitoring, supervision
and inspection within the sector concerned.
Article 42 The state radio regulatory organ and the radio regulatory
organs of localities may appoint radio regulatory inspectors to supervise and
inspect matters relating to radio regulation.
The appropriate ministries and commissions under the State Council may
appoint radio regulatory inspectors to supervise and inspect matters relating
to radio regulation in the sector concerned.
The institution or individual concerned shall provide assistance and
cooperation in a positive way to the radio regulatory inspector(s) in the
performance of his (her, their) duties within the terms of reference.
Chapter IX Penalty Provisions
Article 43 In the circumstances where any institution or individual
a) establishes and operates a radio station without approval;
b) develops, manufactures or imports radio transmission equipment in
violation of these Regulations;
c) causes interference with radio services;
d) changes the authorized characteristics, or transmits and/or receives
signals that are not related to its operation without permission; or
e) leases or transfers frequency(ies) in violation of the relevant
provisions governing management of frequencies,
the state radio regulatory organ or the radio regulatory organ of the locality
concerned may impose on it or him (her) any of such penalties as warning,
seizure and confiscation of the equipment in question and the illegal revenue
obtained, taking the concrete conditions into consideration. In serious cases,
an additional monetary penalty of more than 1,000 yuan and less than 5,000
yuan shall be inflicted or the license of the radio station in question
revoked.
Article 44 Compensation must be paid for any heavy damage arising from
violation of these Regulations to the state, collectives and individuals. In
addition, the state radio regulatory organ or the radio regulatory organ of
the locality concerned shall investigate and affix, or suggest the department
concerned investigating and affixing, the administrative responsibility of the
person(s) directly responsible for the damage and the related leading member
of the department concerned.
Article 45 Any offender who does not accept the penalty imposed on him
(her) by the state radio regulatory organ or the radio regulatory organ of the
locality concerned may request a reconsideration or conduct an administrative
suit.
Article 46 The organ concerned shall take administrative disciplinary
measures against any radio regulatory official who abuses his rights and power
or is remiss in his (her) duties. If such an official is guilty of a criminal
offence, the judicial department shall make investigations to establish his
(her) criminal liability.
Chapter X Supplementary Provisions
Article 47 The rules governing radio regulation for the Chinese People’s
Liberation Army (including the Militia) and those for the civil air defence
sector shall be established separately.
Article 48 The special rules governing radio regulation for the public
security organs, the Chinese People’s Armed Police and the state security
organs shall be respectively established by the Ministry of Public Security
and the Ministry of State Security in consultation with the state radio
regulatory organ, and in accordance with these Regulations.
Article 49 These Regulations shall enter into force on the date of
promulgation.
| Category |
LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1993-07-19 |
Effective Date |
1993-07-19 |
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Measures for the Implementation of the Law of the People’s Republic of China on the Protection of the Rights and Interests of Returned
Overseas Chinese and the Family Members of Overseas Chinese |
(Promulgated by Decree No. 118 of the State Council of the People’s
Republic of China on July 19, 1993, and effective as of the same date)
Article 1 These Measures are enacted in accordance with the Law of the
People’s Republic of China on the Protection of the Rights and Interests of
Returned Overseas Chinese and the Family Members of Overseas Chinese.
Article 2 The identity of returned overseas Chinese and family members of
overseas Chinese shall be scrutinized and affirmed by departments of overseas
Chinese affairs of local governments at county level or above where their
domicile is registered, on the basis of the certificates issued by their work
unit or subdistrict neighborhood office, or by the people’s government of
village, ethnic village or township. If necessary, assistance can be provided
by the diplomatic or consular missions abroad of the People’s Republic of
China, or by Association of Returned Overseas Chinese.
Identity of the other relatives who have been supported by overseas
Chinese and returned overseas Chinese, shall be examined and affirmed on the
basis of the certificate of forstership provide by the notary public office.
Article 3 The overseas Chinese who wants to return to the country for
permanent residence, shall apply by himself (herself) to the diplomatic,
consular missions or other organs abroad authorized by the Foreign Ministry of
the People’s Republic of China, or apply by himself (herself) or by his (her)
relatives in the country to the public security organs of the city or county
where he (she) is going to settle down. The certificate of settlement shall be
issued by the public security organs of provinces, autonomous regions or the
municipalities directly under the Central Government, according to relevant
state regulations.
Article 4 Local people’s governments and departments concerned, shall
make arrangements for overseas Chinese who have returned to the country for
permanent residence, according to relevant state regulations.
Article 5 The All-China Association of Returned Overseas Chinese and its
local organizations, shall conduct their activities according to their
constitutions, to protect the lawful rights and interests of returned overseas
Chinese and the family members of overseas Chinese.
Returned overseas Chinese and the family members of overseas Chinese shall
have the right to establish other social organizations according to law and to
conduct legitimate activities suitable to their needs.
The lawful rights and interests, and the legitimate activities of the
social organizations of returned overseas Chinese and the family members of
overseas Chinese conducted according to their constitutions, shall be
protected by law. The property owned by such organizations in accordance with
law, shall not be appropriated or infringed upon by any organizations or
individuals.
Article 6 The state shall, by taking proper measures, give support to
enterprises such as agricultural or forest farms which have provided placement
for returned overseas Chinese.
The funds and materials specially provided by the state to enterprises
such as agricultural or forest farms which have provided placement for
returned overseas Chinese, shall be allocated and used for the specific
purpose by local people’s governments and relevant departments.
Article 7 Enterprises such as agricultural or forest farms which have
provided placement for returned overseas Chinese shall, according to law, have
the right to use the state-owned land, mountain forests, beaches, or water
areas and other natural resources which they have lawfully used. Their lawful
rights and interests or the means of production, corps and products shall be
protected by law, which no organizations or individuals may appropriate or
infringe upon.
Disputes between enterprises such as agricultural or forest farms which
have provided placement for returned overseas Chinese and other organizations
or individuals on the ownership of land and other natural resources, shall be
solved by way of consultation between the parties or handled in accordance
with relevant laws or regulations in case of failure in consultation.
Article 8 Enterprises such as agricultural or forest farms which have
provided placement for returned overseas Chinese may, in the light of
practical conditions, set up schools and medical and health care institutions,
to which the state shall give support and aid with respect to facilities and
funds, and the local people’s governments with teachers, medical personnel and
their training.
Article 9 Returned overseas Chinese and family members of overseas
Chinese may invest in the establishment of industrial and commercial
enterprises in various forms according to law. Their lawful rights and
interests shall be protected by law.
Local people’s governments shall support returned overseas Chinese and
family members of overseas Chinese to invest in the establishment of
industrial and commercial enterprises, in the development of barren hills,
waste lands and beaches, or to engage in agriculture, forestry, animal
husbandry, sideline and fishery production.
Acceptance by returned overseas Chinese and family members of overseas
Chinese of donations of small-sized tools of production from their relatives
and friends outside the country for direct use in industrial and agricultural
production, processing, maintenance, and import of fine seeds, saplings, fine
breed of domestic animals, fowls and eggs approved shall be handled in
accordance with the relevant state regulations.
Article 10 Local people’s governments and relevant departments shall
support returned overseas Chinese and family members of overseas Chinese to
set up public welfare undertakings in the country, the lawful rights and
interests of which shall be protected by law.
Acceptance by returned overseas Chinese and family members of overseas
Chinese of materials donated by their relatives and friends outside the
country and used directly in public welfare undertakings, shall enjoy
preferential treatment of duty reduction or exemption upon examination and
approval of the application made by the organization that manages the public
welfare undertakings.
Article 11 The state shall protect the ownership of private houses in the
country of returned overseas Chinese and family members of overseas Chinese.
Returned overseas Chinese and family members of overseas Chinese shall,
according to law, have the right to possess, use, dispose of or profit from
their private houses, which no organizations or individuals may appropriate or
infringe upon.
Article 12 Those who rent the private houses of returned overseas Chinese
and family members of overseas Chinese shall sign a contract of lease with the
leasor, and shall register for record in the local competent authority of
house property. At the termination of the lease contract, they shall return
the houses back to the leasor.
Article 13 The dismantlement unit shall, in accordance with relevant
state regulations, make due compensation and appropriate arrangements for the
returned overseas Chinese and the family members of overseas Chinese whose
private houses are to be dismantled and removed as the state requisitions the
land for national construction according to law. Before dismantling, the
dismantlement unit shall provide necessary document of approval, the plan and
the scheme of dismantling as stipulated by the state and apply to the
competent authorities of house property of local people’s government at county
level or above for permission.
Article 14 Students who are returned overseas Chinese, children of
returned overseas Chinese and children, residing in the country, of overseas
Chinese, shall, in accordance with relevant state regulations, be given
special considerations in respect of admission to schools of various kinds
after compulsory education, by local enrollment departments in the light of the
actual conditions.
Article 15 Students who are returned overseas Chinese, children of
returned overseas Chinese and children, residing in the country, of overseas
Chinese, shall be given priority to employment on an equal basis with others,
by state organs, social organizations or state-owned enterprises and
institutions.
The relevant authorities shall give support and aid to students who are
returned overseas Chinese, children of returned overseas Chinese and children,
residing in the country, of overseas Chinese, who get organized to obtain
employment or seek jobs on their own.
Article 16 Returned overseas Chinese and the family members of overseas
Chinese may apply to go abroad for the purpose of studying at their own
expense.
The returned overseas Chinese and the family members of overseas Chinese
who have record of formal schooling of undergraduate course or above, and
apply to go abroad for the purpose of studying at their own expense, shall be
given preferential treatment in accordance with relevant state regulations.
Article 17 The returned overseas Chinese and the family members of
overseas Chinese who go abroad for the purpose of studying at their own
expense, shall have a retention period in public employment for one year from
the date his (her) departure from the country is approved if he (she) is a
public employee, or shall remain his (her) status as a student according to
relevant state regulations if he (she) is a student at school of higher
learning.
Returned overseas Chinese and the family members of overseas Chinese who
require the state to arrange jobs after finishing study abroad at their own
expense, shall contact the diplomatic or consular missions abroad of the
People’s Republic of China to register half a year before graduation, and
shall be given the same treatment of job arrangement with the students of same
level studying abroad at public expense, by competent authorities of education
or personnel department of the state, in accordance with relevant regulations.
Article 18 Overseas remittance constitutes legal income of returned
overseas Chinese and the family members of overseas Chinese, its ownership
shall be protected by law and be given preferential treatment in respect of
tax exemption according to law. No organizations or individuals can
misappropriate, embezzle, forcibly deduct, delay payment, debit and credit
without permission or freeze and confiscate unlawfully.
Article 19 The ownership and the right of use of residences bought or
constructed by returned overseas Chinese and the family members of overseas
Chinese with overseas remittance, shall be protected by law.
Local people’s governments and relevant departments, shall give
consideration to returned overseas Chinese and the family members of overseas
Chinese who construct houses with overseas remittance, on construction land,
materials and forces of construction.
Article 20 The state shall protect the contacts and communications
between returned overseas Chinese and the family members of overseas Chinese
and their relatives and friends outside the country according to law. No
organizations or individuals shall impose restrictions and interference
unlawfully.
The freedom and privacy of communications of returned overseas Chinese and
the family members of overseas Chinese shall be protected by law, no
organizations or individuals can open, hide, scrap or steal their postal
matters illegally. The postal departments shall compensate or take remedial
measures for the loss, damage or deficiency in contents of the postal matters
with receipts for addressees of returned overseas Chinese and the family
members of overseas Chinese according to law.
Article 21 The unit, in which returned overseas Chinese and the family
members of overseas Chinese work, shall put forward its views in time to their
application to leave the country for private matter. The municipal or county
public security organs, where the returned overseas Chinese and the family
members of overseas Chinese are registered for their domicile, shall make a
decision whether they approve or disapprove the application and inform the
applicants within 30 days after receiving the application, or, 60 days for
those public security organs in remote and inaccessible areas.
Applicants shall have the right to inquire if no notice with regard to
results of examination for approval is given within the time limit prescribed
in the preceding paragraph. The accepting organs shall make an appropriate
reply. Applicants shall, if considering the decision of disapproving their
departure from the country as not in line with the relevant laws and
regulations, have the right to appeal to the higher public security organs,
who shall dispose of the matter and make a reply.
For returned overseas Chinese and the family members of overseas Chinese
who desire to leave the country urgently for special circumstances such as
critical illness or deaths of their directly-related members or the need for
disposition of property outside the country within a prescribed time limit,
the public security organs shall give priority to handling the matter on the
basis of valid certificates provided by the applicants.
Article 22 The matter of going abroad for the purpose of visiting their
relatives by returned overseas Chinese and the family members of overseas
Chinese, who work in state organs, social organizations or state-owned
enterprises and institutions, and, who left their posts as veteran cadres,
retired or quitted their posts, shall be dealt with in accordance with
relevant state regulations. The units, in which they work, or, the departments
concerned, shall make no provisions infringing upon their rights and interests
of normally going abroad for the purpose of visiting their relatives.
Article 23 For staff members and workers of returned overseas Chinese and
the family members of overseas Chinese, who work in state organs, social
organizations or state-owned enterprises and institutions, apply to leave the
country and settle down abroad, the units in which they work, after the staff
members or workers get the entry visa from the country (or region) in which
they are going to settle down, shall go through their quitting formalities and
provide severance pay according to relevant state regulations.
Returned overseas Chinese and the family members of overseas Chinese, who
left their posts as veteran cardres, retired or quitted their posts from state
organs, social organizations and state-owned enterprises and institutions and
settled down outside the country, shall every year provide to their former
work units a living certificate produced by the diplomatic or consular
missions abroad of the People’s Republic of China, or, that produced by the
local notary public office and authenticated by China’s diplomatic or consular
missions abroad, shall continue to receive their pensions after leaving the
country for settling down abroad.
The work units of the staff members and workers and the departments
concerned listed in Section 1 and Section 2 of this Article, shall make no
provisions infringing upon their rights and interests of normally leaving the
country for settling down abroad.
Article 24 For the treatment for staff members and workers of returned
overseas Chinese working in enterprises and institutions of collective
ownership, after leaving the country for the purpose of visiting their
relatives or settling down abroad, the people’s governments of the provinces,
autonomous regions and municipalities directly under the Central Government
may make relevant regulations with reference to the treatment of the personnel
of the same category in state-owned enterprises and institutions integrating
with their own specific conditions.
Article 25 Returned overseas Chinese and the family members of overseas
Chinese who have been approved to leave the country for the purpose of
visiting their relatives or settling down abroad may exchange a certain amount
of foreign currency in accordance with relevant state regulations. For those
who have left the country and settled down abroad, their pensions after they
left their posts as veteran cadres, retired or quitted their posts may be
changed into foreign currency and remitted abroad, or brought outside the
country.
Article 26 The diplomatic, consular missions abroad of the People’s
Republic of China shall protect the legitimate rights and interests, outside
the country, of returned overseas Chinese and the family members of overseas
Chinese in accordance with the international treaties to which the People’s
Republic of China is a party or has acceded or with international practice.
The departments concerned and the diplomatic, consular missions abroad of
the People’s Republic of China, shall, provide help to returned overseas
Chinese and the family members of overseas Chinese who need to dispose of
their property outside the country or to inherit or accept the estate, legacy
or donation, and, if necessary, handle the relevant matter on their behalf.
The diplomatic, consular missions abroad of the People’s Republic of China
shall provide help to handle the relevant matter to receive pensions outside
the country for returned overseas Chinese and the family members of overseas
Chinese and to receive, transfer the money on their behalf.
Returned overseas Chinese and the family members of overseas Chinese who
transfer their property abroad into the country shall handle the matter in
accordance with relevant state regulations. The foreign exchange transformed
from their property and remitted into the country shall, according to law,
enjoy preferential treatment of duty exemption.
Article 27 Returned overseas Chinese and the family members of overseas
Chinese shall, where their lawful rights and interests are violated, have the
right to request the relevant competent departments to handle the matter in
accordance with law, or, bring a suit in a people’s court according to law.
Article 28 For personnel of state organs who violate the rights and
interests of returned overseas Chinese and the family members of overseas
Chinese, their work units or higher competent authorities shall instruct them
to correct or give administrative sanctions, or, if the circumstances of a
case are serious and if it constitutes a criminal offence, the personnel shall
be prosecuted for criminal liability according to law.
Article 29 The provinces, autonomous regions and municipalities directly
under the Central Government may, pursuant to the Law of the People’s Republic
of China on the Protection of the Rights and Interests of Returned Overseas
Chinese and the Family Members of Overseas Chinese with these Measures and
relevant regulations, formulate measures for implementation respectively.
Article 30 Office of Overseas Chinese Affairs of the State Council of the
People’s Republic of China shall be responsible for the interpretation of
these Measures.
Article 31 These Measures shall enter into force as of the date of its
promulgation.
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The State Administration of Taxation
Official Reply of the State Administration of Taxation Concerning Ascertaining the Enterprises with Foreign Investment to Engage in
Resources, Transportation Construction Projects
GuoShuiHanFa [1993] No.713
May 14, 1993
Tax Bureau of Shanghai:
The document, HuShuiWai [1993] No.58, of Request for Instructions Concerning Issues of the Scope of Ascertaining the Enterprises with
Foreign Investment Engaging in Sources, Transportation Construction Projects Established in Pudong New District in the Subparagraph
3 of Article 75 of the Rules of the Tax Law, has been received.
“The enterprises with foreign investment that have been newly established and involved in resources projects such as airport, port,
railway, highway, power station and transportation projects” referred in the Subparagraph 3 of Paragraph 1 of Article 75 of the
Rules for the Implementation of the Income Tax Law on Enterprises with Foreign Investment and Foreign Enterprises, means the enterprises
with foreign investment that directly invest on the construction of the forgoing projects, not including the enterprises involving
in the project of building, installing of the forgoing. Thereby Shanghai Fairlong International Engineering Technology Co., Ltd which
is the contractor in the construction project of electronic power, electronics, communication, shall not enjoy tax preferential
policy set out in the Subparagraph 3 of Paragraph 1 of Article 75 of the Rules for the Implementation of the Income Tax Law on Enterprises
with Foreign Investment and Foreign Enterprises.
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