2000

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON ADMINISTRATION OF REGISTRATION OF COMPANIES

The State Council

Decree of the State Council of the People’s Republic of China

No.156

Regulations of the People’s Republic of China on Administration of Registration of Companies are hereby promulgated and shall come
into force as of the day of July 1, 1994.

Premier of the State Council, Li Peng

June 24, 1994

Regulations of the People’s Republic of China on Administration of Registration of Companies

Chapter I General Provisions

Article 1

The Regulations are formulated in accordance with the Company Law of the People’s Republic of China(hereinafter referred to as the
Company Law) in order to affirm the legal person status of company and to normalize the procedure of the registration of company.

Article 2

Establishment, alteration and termination of limited liability company and company limited by shares(hereinafter referred to as company)
shall make the company registration in accordance with the provisions of these Regulations.

Article 3

A company shall be granted legal person status only after it has been registered and approved to receive a “Corporate Business License”
after the approval of registration by the company registration authority in accordance with the law.

After the effective date of these Regulations, any newly established company shall not be allowed to conduct business activities in
the name of a company, should the company have not been approved to be registered by the company registration authority.

Article 4

The administrations for industry and commerce shall be the company registration authorities.

The lower-level company registration authority shall function the registration of company under the supervision of higher-level company
registration authority.

Company registration authority shall perform duties in accordance with the law and free from unlawful interference.

Article 5

The State Administration for Industry and Commerce shall be in charge of the work of registration of company in China.

Chapter II Jurisdiction of Registration

Article 6

The State Administration for Industry and Commerce shall be responsible for the registration of the following categories of company:

(1)

A company limited by shares whose establishment was approved by a department authorized by the State Council;

(2)

A company invested under authorization by the State Council;

(3)

A limited liability company invested and established by the State Council’s authorized investment organ(s) or department(s) jointly
or solely;

(4)

A foreign investment limited liability company established; or

(5)

Other companies subject to registration by the State Administration for Industry and Commerce in accordance with laws of the State
or regulations of the State Council.

Article 7

The administrations for industry and commerce of the provinces, autonomous regions and municipalities directly under the Central Government
shall be responsible for the registration of the following categories of company within their jurisdiction areas:

(1)

A company limited by shares whose establishment was approved by the people’s government of the province, autonomous region or municipality
directly under the Central Government;

(2)

A company invested under authorization by the people’s government of the province, autonomous region or municipality directly under
the Central Government;

(3)

A limited liability company invested and established by the State Council’s authorized investment organ(s) or department(s) jointly
with other investor(s);

(4)

A limited liability company invested and established solely or jointly by authorized investment organ(s) or department(s) of the people’s
government of the province, autonomous region or municipality directly under the Central Government; or

(5)

A company entrusted registering by the State Administration for Industry and Commerce.

Article 8

The administrations for industry and commerce of the city and county shall be responsible for the registration of company other than
those listed in Article 6 and 7 of these Regulations. Specific jurisdiction of registration shall be regulated by the administration
for industry and commerce of the province, autonomous region or municipality directly under the Central Government.

Chapter III Items for Registration

Article 9

The items for registration of company shall include its post_title, domicile, legal representative, registered capital, enterprise type,
scope of business, duration of operations and names or post_titles of the shareholders of a limited liability company, or the promoters
of a company limited by shares.

Article 10

The items for registration of a company shall be in compliance with the provisions of laws and administrative regulations. Items which
are not in compliance with the provisions of laws and administrative regulations shall not be accepted for registration by the company
registration authority.

Article 11

A company post_title shall be in compliance with the relevant stipulations of the State. A company shall be permitted to use only one post_title.
A company post_title which has been approved and registered by company registration authority shall be protected by the law.

Article 12

A company’s domicile shall be at the place of its head office. A company registered by company registration authority shall have only
one domicile. A company’s domicile shall be situated within the jurisdiction area of the company registration authority.

Article 13

Except for other provisions stipulated by laws and administrative regulations, a company’s registered capital shall be shown in Renminbi.

Chapter IV Registration of Establishment

Article 14

In order to establish a company, an application for registering the post_title of the company shall be submitted for pre-approval.

In case that the establishment of a company, or the projects of a company’s business scope shall be reported for examination and approval
as stipulated in laws and regulations, the company shall complete its post_title pre-approval procedure before the aforesaid examination
and approval. The post_title approved by company registration authority shall be adopted for the aforesaid examination and approval.

Article 15

The application for pre-approval of a post_title of the limited liability company shall be submitted by a designated representative or
an agent entrusted by the shareholders to the company registration authority. The application for pre-approval of a post_title of the
company limited by shares shall be submitted by a designated representative or an agent entrusted by the promoters to the company
registration authority.

To apply for pre-approval of a company post_title, the following documents shall be submitted:

(1)

A written application for pre-approval of the company post_title signed by the shareholders of the limited liability company or the promoters
of the company limited by shares;

(2)

Qualification certificates of the legal person status of the shareholders or promoters; or the identification of a natural person;

(3)

Other documents required for submission by the company registration authority.

Company registration authority shall, within 10 days after receiving the documents listed in the preceding paragraph of this Article,
make a decision on the approval or rejection of the application. If an application for registering the post_title of a company is approved
by company registration authority, a “Notice of Pre-approval of Enterprise post_title” shall be issued.

Article 16

The reservation period of the pre-approved company post_title shall be 6 months. Within the reservation period, the pre-approved company
post_title shall not be used for business, neither transferred.

Article 17

In order to establish a limited liability company, an application for registering the establishment of the company shall be submitted
to company registration authority by a designated representative or an agent entrusted by shareholders. In order to establish a solely
State company, the State authorized investment organ or the State authorized department shall be the applicant for registration of
the establishment of the company. In case that the establishment of a limited liability company shall be reported for examination
and approval as stipulated by laws and regulations, an application for registering the establishment of the company shall, within
90 days after the aforesaid approval of the report, be submitted to company registration authority. In case that the establishment
application exceeds the prescribed time limit, the applicant shall report to the examining and approving authority again for confirming
the validity of the original document of approval, or shall re-report for approval of the establishment of the company.

To apply for the establishment of a limited liability company, the following documents shall be submitted to company registration
authority:

(1)

A written application for registering the establishment of the company signed by the chairman of the board of directors of the company;

(2)

Certificates of the representative or agent designated or entrusted by all of the shareholders;

(3)

The company’s articles of association;

(4)

Capital verification certificate issued by a legally qualified capital verification organization;

(5)

Qualification certificates of the legal person status of the shareholders or the identification of a natural person;

(6)

A document specifying the names and addresses of the company’s directors, supervisors and managers, and the certifications of their
corresponding appointment, election or employment;

(7)

Appointment documents and identification certificates of the company’s legal representative;

(8)

A “Notice of Pre-approval of the Enterprise post_title”;

(9)

Certification of the company’s domicile.

In case that the establishment of a limited liability company shall be reported for examination and approval as stipulated by laws
and regulations, a document of the aforesaid approval shall also be submitted.

Article 18

In order to establish a company limited by shares, an application for registering the establishment of the company shall be submitted
to company registration authority by the board of the directors within 30 days after the end of the founding meeting.

To establish a company limited by shares, the following documents shall be submitted to company registration authority:

(1)

A written application for registering the establishment of the company signed by the chairman of the directors￿￿ board of the company;

(2)

A document of approval issued by the State Council’s authorized department or by the people’s government of the province, autonomous
region or municipality directly under the Central Government. A document of approval issued by the securities management department
of the State Council shall also be submitted if a company limited by shares is established by share floating;

(3)

Minutes of the founding meeting;

(4)

The company’s articles of association;

(5)

Financial audit report for the preparation of the company;

(6)

Capital verification certificate issued by a legally qualified verification organization;

(7)

Qualification certificates of legal person status of the promoters or the identification of a natural person;

(8)

A document specifying the names and addresses of the company’s directors, supervisors and managers, and certificates of their corresponding
appointment, election or employment;

(9)

Appointment documents and identification certificates of the company’s legal representative;

(10)

A “Notice of Pre-approval of the Enterprise post_title”;

(11)

Certification of the company’s domicile.

Article 19

In case that there are projects within the scope of business operations of a company which shall be reported for examination and approval
as stipulated by laws and regulations, such projects shall be submitted to the relevant State department for examination and approval
before applying for registering the establishment of the company. And the document of approval issued by the relevant State department
shall be submitted to company registration authority.

Article 20

Should a company’s articles of association contain provisions in violation of laws and regulations, the company registration authority
shall have the power to demand the company to make corresponding corrections.

Article 21

A certification of a company’s domicile means a document which is capable to prove the company enjoying the right of use the domicile.

Article 22

A company is established in condition that the establishment registration approval is made and a Corporate Business License is issued
by company registration authority. A company may open a bank account, engrave company seal and apply for tax registration based upon
the Corporate Business License issued by company registration authority.

Chapter V Registration of Alteration

Article 23

In the event of altering registered items, the company shall apply to the original company registration authority for the registration
of alteration.

A company shall not be permitted to alter registered items without the approval of the registration of alteration.

Article 24

To apply for alteration of registration; the company shall submit the following documents to the company registration authority:

(1)

A written application for registration of alteration signed by the legal representative of the company;

(2)

The resolution or decision on the alteration made in accordance with the provisions of the Company Law;

(3)

Other documents required for submission by the company registration authority.

In case that the alteration of registered items of a company involves amending the articles of association, the amended version of
its articles of association or the amendment of its articles of association shall also be submitted.

Article 25

In the event of altering post_title, the company shall, within 30 days after the resolution or decision on alteration being made, apply
for registration of alteration.

Article 26

In the event of altering domicile, the company shall apply for registration of alteration before moving to new domicile and shall
submit a certificate for use of the new domicile.

In case that the alteration of a company’s domicile involves trans-regional jurisdiction of the company registration authorities,
the company shall apply to the company registration authority at the place of the new domicile for the alteration of registration
before moving to the new domicile; in case that the application is accepted by the company registration authority at the place of
the new domicile, the original company registration authority shall transfer registration files of the company to the new company
registration authority.

Article 27

In the event of changing legal representative, the company shall, within 30 days after the resolution or decision on the change being
made, apply for registration of the change.

Article 28

In the event of altering registered capital, the company shall submit the capital verification certificate issued by a legally qualified
capital verification organization.

In case that the company adds its registered capital, an application for registration of alteration shall be submitted within 30 days
after the full payment of the share capital. In case that the company limited by shares adds its registered capital, an approval
document issued by a State Council authorized department or by a people’s government of the province, autonomous region or municipality
directly under the Central Government shall be submitted. In case that the registered capital is added by floating share, an approval
document issued by the securities management department of the State Council shall also be submitted.

In case that the company reduces its registered capital, an application for registering the alteration shall be submitted within 90
days after the resolution or decision on the reduction of registered capital being made, together with the document to certify that
a public announcement on the reduction of registered capital has been published at least three times in the newspaper, and an illustration
report on the company’s debt clearance or debt repayment guarantee.

Article 29

In the event of changing the scope of business operations, the company shall, within 30 days after the resolution or decision on the
change being made, apply for registration of alteration; in case that the change involves projects which shall be reported for examination
and approval as stipulated by laws and regulations, an application for registration of alteration shall be submitted within 30 days
after the date of approval of the report by the relevant State department.

Article 30

In the event of changing company’s type, the company shall, in accordance with the requirements for establishing the intended type
of company, apply to the company registration authority for registration of alteration within the prescribed time limit and submit
relevant documents.

Article 31

In the event of changing shareholders of a limited liability company, the company shall apply for registration of alteration within
30 days after the date of the change of the shareholders occurring, and shall provide qualification certificates of legal person
status of the new shareholders or the identification of a natural person.

In case that the shareholder of a limited liability company or the promoters of a company limited by shares changes name(s) or post_title(s),
an application for registering such change(s) shall be submitted within 30 days after the date of the change of the name or post_title.

Article 32

In case that the amended articles of association of a company does not involve the registered items, the company shall submit the
amended articles of association or the amendment to the original company registration authority for the record.

Article 33

In case that a company changes its directors, supervisors or managers, the changes shall be reported to the original company registration
authority for the record.

Article 34

In case that an existing company arise registered items changes due to coalescent or dividing, the company shall apply for registration
of alteration; a company, dissolved due to coalescent or dividing, shall apply for registration of cancellation; a company, newly
established due to coalescent or dividing, shall apply for registration of establishment.

In case that the merging or dividing of a company occurs, the company shall apply for registration within 90 days after the resolution
or decision on the coalescent or dividing being made, submit the merger agreement or the resolution or decision on the coalescent
or dividing, together with certification of public announcement in the newspaper at least three times concerning the coalescent or
dividing of the company, and an illustration report of its debt clearance or debt repayment guarantee. In case that the merging or
dividing of a company limited by shares occurs, a document of approval issued by the State Council authorized department or the people’s
government of the province, autonomous region or municipality directly under the Central Government shall also be submitted.

Article 35

In case that the alteration of the registered items involves in the items specified in a Corporate Business License, the original
Corporate Business License should be replaced with a new one by the company registration authority.

Chapter VI Registration of Cancellation

Article 36

The liquidation organization of a company shall apply to the original company registration authority for registration of cancellation
within 30 days after the conclusion of liquidation in any of the following circumstances:

(1)

A company is declared bankrupt in accordance with the law;

(2)

The expiry of a company’s term of operation in accordance with the articles of association, or the occurrence of other reason(s) for
dissolution of the company as stipulated in articles of association;

(3)

Shareholders meeting decide to dissolve the company;

(4)

A company is dissolved as a result of coalescent or dividing;

(5)

A company is ordered to close down in accordance with the law.

Article 37

In case that a company applies for registration of cancellation; the following documents shall be submitted:

(1)

A written application for registration of cancellation signed by the person in charge of the company liquidation organization;

(2)

A ruling of a court on the bankruptcy, a resolution or decision made by the company in accordance with the provisions of the Company
Law or a document issued by an administrative organ ordering the company to close down;

(3)

A liquidation report confirmed by the shareholders’ meeting or relevant body;

(4)

The Corporate Business License;

(5)

Other documents as required for submission by laws and regulations.

Article 38

Company terminates in consequence of the approval of the registration of cancellation by the company registration authority.

Chapter VII Registration of Branch Companies

Article 39

A branch company means an organization established by a company to engage in business operations outside its domicile. A branch company
shall not have legal person status.

Article 40

In the event of establishing a branch, the company shall apply for registration to the city or county company registration authority
in the place where the branch is located. A “Business License” shall be issued in case the application for registration is approved.

Article 41

Registration items of a branch company shall include its post_title, business domicile, manager in charge and scope of business operations.

The post_title of a branch company shall be in compliance with relevant State regulations.

The scope of business operations of a branch company shall not exceed the scope of business operations of its company.

Article 42

In the event of establishing a branch, the company shall apply for registration to the company registration authority within 30 days
after the decision being made; should laws and regulations stipulate that the establishment of a branch company shall be reported
for approval to the relevant department, the registration application shall be submitted to the company registration authority within
30 days after the date of approval of the aforesaid report.

To establish a branch company, the following documents shall be submitted to the company registration authority:

(1)

A written application for registration of establishment of a branch signed by the legal representative of the company;

(2)

The articles of association and a copy of the company’s Corporate Business License affixed with the seal of the company registration
authority;

(3)

A certificate for use of business domicile;

(4)

Other documents as required for submission by the company registration authority.

Article 43

In the event of altering the branch company’s registered items, the company shall apply for registration of alteration to the company
registration authority.

To apply for registration of alteration, a written application for registration of alteration signed by the legal representative of
the company shall be submitted. In case that the post_title of a branch is changed due to the change of post_title of the company, a copy of
the Corporate Business License of the company shall be submitted. In case that a change of scope of business operations involves
projects which shall be reported for approval as stipulated by laws and regulations, a document of the approval of aforesaid report
issued by the relevant department shall also be submitted. In case that the business domicile is changed, a certification for use
of the new business domicile shall be submitted.

The original “Business License” shall be replaced with a new one if the application for registration of alteration is approved by
the company registration authority.

Article 44

In the event of closing down a branch, the company shall apply for registration of cancellation of that branch to the company registration
authority which is in charge of that branch within 30 days of the decision being made. In applying for the registration of cancellation
of a branch, a written application for registration of cancellation signed by the legal representative of the company and the “Business
License” of the branch shall be submitted. The “Business License” of a branch shall be taken over by the company registration authority
after the application for registration of cancellation being approved.

Chapter VIII Procedures for Registration

Article 45

A “Notice of Acceptance of Company Registration” shall be issued by company registration authority after receiving all of the documents
stipulated in these Regulations from the applicant.

Company registration authority shall, within 30 days after issuing a “Notice of Acceptance of Company Registration”, make a decision
on approval or rejection of registration.

If an application for registration is approved by company registration authority, the applicant shall be notified within 15 days after
the approval decision being made, and a “Corporate Business License” or “Business License” shall be issued, replaced or taken over.

If an application for registration is rejected by company registration authority, the applicant shall be notified within 15 days after
the decision being made and a “Notice of Rejection of Company Registration” shall be issued.

Article 46

For registering the establishment or alteration, the company shall pay registration fees to the company registration authority pursuant
to stipulations.

To apply for a Corporate Business License, the registration fees of establishment shall be paid at the ratio of 0.1% of the total
amount of registered capital; in case that the registered capital is in excess of RMB 10 million(10,000,000) Yuan, the excess amount
shall be paid at the ratio of 0.05% of that excess amount; in case that the registered capital is in excess of RMB 100 million(100,000,000)
Yuan, no further registration fees shall be required on the excess amount.

To apply for a Business License, the registration fees of establishment shall be RMB 300 Yuan.

To alter registered items, the fees for registration of alteration shall be RMB 100 Yuan.

Article 47

Company registration authority shall record the approved registration items of the company in the Company Register that shall be accessible
to the social public for consulting and copying. To consult or copy the registered items of company, consulting fee or copying fee
shall be paid pursuant to stipulations.

Article 48

Within 30 days after the date of the approval of the registration of establishment, alteration or cancellation, the company limited
by shares shall make a public announcement stating the registration of establishment, alteration, or cancellation and the public
announcement shall be submitted to the company registration authority for the record within 30 days after the public announcement
being made. The contents of the public announcement stating the registration of establishment, alteration or cancellation shall be
the same as those contents approved and registered by the company registration authority; in case these contents disaccord, the company
registration authority shall have the power to request the company to make corresponding corrections.

A public announcement on the revocation of Corporate Business License or Business License shall be made by the company registration
authority.

Chapter IX Annual Reviews

Article 49

Company registration authority shall undertake annual reviews of companies during the period from January 1 to April 30 each year.

Article 50

Company shall, in accordance with the requirements of the company registration authority, accept the annual review within the prescribed
period of time, and submit annual review report, annual balance sheet, profit and loss statement and a duplicate copy of Corporate
Business License.

In case that the company has established branch(es), the relevant information about the branch(es) shall be clearly shown in the annual
review materials submitted and the copy(ies) of the Business License(s) of the branch(es) shall also be submitted.

Article 51

Company registration authority shall examine the relevant information concerning the registered items based on the annual review materials
submitted by the company so as to verify the company’s qualifications of continuation of business operations.

Article 52

Company shall pay an annual review fee to the company registration authority. The annual review fee shall be RMB 50 Yuan.

Chapter X Administration of Licenses and Archives

Article 53

Corporate Business License or Business License shall include the original and duplicate copies that shall have equal legal effect.

The original copy of “Corporate Business License” or “Business License” shall be placed in an eye-catching position at the domicile
of the company or the business site of the branch.

Company may, in accordance with operational needs, apply to the company registration authority for the issue of several duplicate
copies of business license.

Article 54

No unit or individual shall be allowed to forge, alter, lease, lend or transfer business license.

In case that the business license is lost or destroyed, the company shall apply for the replacement, and make an announcement declaring
the invalidity of the business license in the newspapers or journals designated by the company registration authority.

In case that a company requires affixing the company registration authority’s seal onto the copy(ies) of its business license for
the purpose of submission of its copy(ies) to relevant units in accordance with relevant regulations, the company registration authority
may affix its seal as required.

Article 55

Company registration authority may temporarily detain the business license of a company in need of authentication. The period of retention
shall not exceed 10 days.

Article 56

The borrowing, copying, carrying or duplicating of archived materials related to company registration shall be conducted within the
prescribed limits of authority and procedure pursuant to stipulations.

No unit or individual shall be allowed to modify, alter, make additions to or damage archived company materials.

Article 57

The form of the original and duplicate copy of business license and the format of important documents or tables relating to company
registration shall be uniformly for

TEACHERS LAW

Teachers Law of the People’s Republic of China

    

CHAPTER I GENERAL PROVISIONS

CHAPTER II RIGHTS AND OBLIGATIONS

CHAPTER III QUALIFICATIONS AND EMPLOYMENT

CHAPTER IV CULTIVATION AND TRAINING

CHAPTER V ASSESSMENT

CHAPTER VI MATERIAL BENEFITS

CHAPTER VII REWARDS

CHAPTER VIII LEGAL LIABILITY

CHAPTER IX SUPPLEMENTARY PROVISIONS

   Article 1 This Law is formulated for the purpose of safeguarding teachers’ legitimate rights and interests, building up a contingent of teachers
who are sound in moral character and good in professional competence, and promoting the development of socialist education.

   Article 2 This Law shall apply to teachers specially engaged in education and teaching at schools of various levels and categories or other
institutions of education.

   Article 3 Teachers are professionals who exercise the functions of education and teaching and are charged with the duty of imparting knowledge
and educating people, training builders and successors for the socialist cause and enhancing the quality of the nation. Teachers
shall devote themselves to the educational cause of the people.

   Article 4 People’s governments at various levels shall adopt measures to strengthen ideological and political education and professional training
of teachers, improve their working and living conditions, safeguard their legitimate rights and interests and raise their social
status.

Teachers shall be respected in the whole society.

   Article 5 The administrative department of education under the State Council shall be in charge of the work concerning teachers in the whole
country.

The departments concerned under the State Council shall, within the scope of their functions and powers, be responsible for the relevant
work concerning teachers.

Schools and other institutions of education shall administer the affairs of teachers on their own according to the relevant provisions
of the State.

   Article 6 September 10 of each year is designated as Teachers’ Day.

CHAPTER II RIGHTS AND OBLIGATIONS

   Article 7 Teachers shall enjoy the following rights:

(1) to conduct educational and teaching activities and carry out reform and experiment in education and teaching;

(2) to engage in scientific research and academic exchanges, join professional academic societies and fully express their views in
academic activities;

(3) to give guidance to students in their studies and development and evaluate students’ conduct and academic achievements;

(4) to obtain salaries and remunerations on schedule and enjoy the welfare benefits prescribed by the State and the leave with pay
in winter and summer vacations;

(5) to put forward opinions and suggestions regarding education, teaching, management of schools and the work of the administrative
departments of education; and to participate in the democratic management of schools through congresses of teachers, staff and workers,
or through other forms; and

(6) to take refresher courses or other forms of training.

   Article 8 Teachers shall perform the following obligations:

(1) to abide by the Constitution, laws and professional ethics, and be paragons of virtue and learning;

(2) to implement the educational policies of the State, observe relevant rules and regulations, carry out schools’ teaching plans,
fulfil teaching contracts and accomplish educational and teaching tasks;

(3) to conduct education among students in the basic principles defined in the Constitution, education in patriotism, national unity
and the legal system, and education in ideology, morality, culture, science and technology, and to organize and lead students to
engage in beneficial social activities;

(4) to concern themselves with all students, love them, respect their dignity and promote their all-round development in such aspects
as morality, intelligence and physique;

(5) to stop acts that are harmful to students and other acts that encroach upon students’ legitimate rights and interests, criticise
and combat the phenomena that impair the sound growth of students; and

(6) to ceaselessly raise their ideological level and political consciousness and improve their professional competence in education
and teaching.

   Article 9 To guarantee that teachers complete their educational and teaching tasks, people’s governments at various levels, administrative
departments of education, relevant departments, schools and other institutions of education shall perform the following functions
and duties;

(1) to provide educational and teaching facilities and equipment that are up to the safety standards set by the State;

(2) to provide necessary books, reference materials and other articles for education and teaching;

(3) to encourage and help teachers in their creative work in education, teaching and scientific research; and

(4) to back up teachers in their efforts to stop acts that are harmful to students and other acts that encroach upon students’ legitimate
rights and interests.

CHAPTER III QUALIFICATIONS AND EMPLOYMENT

   Article 10 The State shall institute a system of qualifications for teachers.

All Chinese citizens, who abide by the Constitution and laws, take a keen interest in education, have sound ideological and moral
character, possess a record of formal schooling as stipulated in this Law or have passed the national teachers’ qualification examinations,
have educational and teaching ability may, after being evaluated as qualified, obtain qualifications for teachers.

   Article 11 To obtain qualifications for teachers, corresponding records of formal schooling are required as follows:

(1) to obtain qualifications for a teacher in a kindergarten, one shall be a graduate of an infant normal school or upwards;

(2) to obtain qualifications for a teacher in a primary school, one shall be a graduate of a secondary normal school or upwards;

(3) to obtain qualifications for a teacher in a junior middle school, or a teacher for general knowledge courses and specialized courses
in a primary vocational school, one shall be a graduate of a specialized higher normal school, or other colleges or universities
with two or three years’ schooling or upwards;

(4) to obtain qualifications for a teacher in a senior middle school, or a teacher for general knowledge courses and specialized courses
in a secondary vocational school, technical school or a vocational high school, one shall be a graduate of a normal college or other
colleges or universities with four years’ schooling or upwards; the corresponding record of formal schooling for the qualifications
of instructors who give guidance to students’ fieldwork at secondary vocational schools, technical schools or vocational high schools
shall be prescribed by the administrative department of education under the State Council;

(5) to obtain qualifications for a teacher in an institution of higher learning, one shall be a postgraduate or university graduate;
and

(6) to obtain qualifications for a teacher for adult education, one shall be a graduate respectively of an institution of higher learning,
a secondary school or upwards depending on the level and category of the adult education.

Citizens who, without the records of formal schooling for teachers’ qualifications as stipulated in this Law, apply for teachers’
qualifications must pass the national teachers’ qualification examinations. The national teachers’ qualifications examination system
shall be prescribed by the State Council.

   Article 12 The administrative department of education under the State Council shall work out transition measures on qualifications for teachers
who, before the enforcement of this Law, have been teaching at schools or other institutions of education, but do not have the record
of formal schooling as stipulated in this Law.

   Article 13 The qualifications for teachers in primary and middle schools shall be evaluated and approved by the administrative departments of
education under the local people’s governments at or above the county level. The qualifications for teachers in secondary vocational
schools and technical schools shall be evaluated and approved by the relevant competent departments, under the auspices of the administrative
departments of education under the local people’s governments at or above the county level. The qualifications for teachers of regular
institutions of higher education shall be evaluated and approved by the administrative departments of education under the State Council,
or of provinces, autonomous regions, or municipalities directly under the Central Government, or by schools authorized by such departments.

If a citizen who possesses a record of formal schooling as stipulated in this Law, or who has passed the national teachers’ qualification
examinations, requests the departments concerned to evaluate and approve his qualifications for teachers, the departments concerned
shall give evaluation and approval in accordance with the requirements provided for in this Law.

Those with qualifications for teachers who are for the first time appointed as teachers shall undergo a probation period.

   Article 14 Those who have been deprived of political rights or subjected to fixed-term imprisonment or even more severe punishment for intentional
crime shall not be allowed to obtain qualifications for teachers; and those who have already obtained qualifications for teachers
shall forfeit such qualifications.

   Article 15 Graduates of normal schools at various levels shall be engaged in education and teaching in accordance with the relevant provisions
of the State.

The State shall encourage graduates of non-normal schools of higher learning to teach at primary and secondary schools or vocational
schools.

   Article 16 The State shall institute a system of professional post_titles for teachers. The specific measures shall be worked out by the State Council.

   Article 17 Schools and other institutions of education shall gradually institute a system of appointment for teachers. Appointment of teachers
shall be based on the principle of equality between both parties. The school and the teacher shall sign an appointment contract
defining each other’s rights, obligations and responsibilities.

Steps and measures for implementing the appointment system for teachers shall be formulated by the administrative department of education
under the State Council.

CHAPTER IV CULTIVATION AND TRAINING

   Article 18 People’s governments at various levels and the departments concerned shall make a success of normal school education and adopt measures
to encourage outstanding youth to study at normal schools at various levels. Schools for teachers’ advanced studies at different
levels shall undertake the task of training teachers for primary and secondary schools.

Non-normal schools shall undertake the task of cultivating and training primary and secondary school teachers.

Students of normal schools at various levels shall enjoy professional scholarships.

   Article 19 The administrative departments of education under the people’s governments at various levels, the departments in charge of school
affairs and the schools shall work out teachers’ training programmes and conduct various forms of ideological, political and professional
training among teachers.

   Article 20 State organs, enterprises, institutions and other social organizations shall provide convenience and assistance to teachers in their
social investigation and social practice.

   Article 21 People’s governments at various levels shall adopt measures to cultivate and train teachers for regions inhabited by national minorities
and for outlying and poverty-stricken areas.

   Article 22 Schools or other institutions of education shall conduct assessment of teachers’ political awareness and ideological level, professional
qualifications, attitude towards work and their performances.

The administrative departments of education shall guide and supervise the assessment work for teachers.

   Article 23 Assessment shall be conducted in an objective, fair and accurate manner and in the process of assessment, opinions from teachers
themselves, their colleagues and students shall be taken into full consideration.

   Article 24 The assessment results shall be the basis for teachers’ appointment and pay rise as well as rewards and punishments.

   Article 25 Teachers’ average salary shall not be lower or shall be higher than that of State public servants and shall be gradually raised.
A regular system for promotion and pay rise shall be established, and the specific measures therefor shall be formulated by the
State Council.

   Article 26 Teachers of primary and secondary schools and vocational schools shall enjoy allowances commensurate with the length of their teaching
and other allowances, and the specific measures therefor shall be formulated by the administrative department of education under
the State Council in conjunction with the departments concerned.

   Article 27 Local people’s governments at various levels shall grant subsidies to teachers and graduates from secondary vocational schools or
from schools at higher levels who engage themselves in education and teaching in regions inhabited by national minorities or in outlying
and poverty-stricken areas.

   Article 28 Local people’s governments at various levels and the departments concerned under the State Council shall give priority and preferential
treatment to the construction, renting and sale of houses for teachers in urban areas.

People’s governments at the county and township levels shall provide conveniences for primary and secondary school teachers in rural
areas in solving the housing problems.

   Article 29 Teachers shall enjoy equal treatment in medical care as the State public servants in the localities. They shall be given regular
health check-ups and shall enjoy rest and recuperation holidays arranged in the light of local conditions.

Medical institutions shall provide conveniences in medical care for teachers in the localities.

   Article 30 After retirement or quitting work, teachers shall enjoy the material benefits as prescribed by the State.

Local people’s governments at or above the county level may appropriately raise the ratio of pensions for the retired primary and
secondary school teachers who have long been engaged in education and teaching.

   Article 31 People’s governments at various levels shall adopt measures to improve the material benefits of teachers who are paid, with subsidies
from the State, by the collectives, gradually making sure that such teachers receive equal pay for equal work with teachers who are
paid by the State. The specific measures therefor shall be formulated by the local people’s governments at various levels in the
light of their actual local conditions.

   Article 32 The material benefits of teachers at schools run by different sectors of the society shall be determined and guaranteed by the sponsors
themselves.

   Article 33 Teachers who have achieved excellent results in education and teaching, in the training of personnel, and in scientific research,
educational reform, school development, social services and work-study programmes shall be commended and awarded by the schools which
they belong to.

Teachers who have made outstanding contributions shall be commended and awarded by the State Council, the local people’s governments
at various levels and the relevant departments under them.

Teachers who have made major contributions shall be conferred honorary post_titles in accordance with relevant provisions of the State.

   Article 34 The State shall encourage and support social organizations and individuals to donate money to foundations established according to
law for awarding teachers.

   Article 35 Anyone who insults or assaults a teacher shall be given an administrative sanction or penalty depending on the different circumstances;
those who have caused losses or injury shall be ordered to compensate for the losses; and if the circumstances are serious enough
to constitute a crime, the offender shall be investigated for criminal responsibility according to law.

   Article 36 Anyone who retaliates against the teachers who have made complaints, charges against or exposures of, any organization or individual
in accordance with the law shall be ordered by his or her unit or by the authorities at a higher level to make a rectification; if
the circumstances are serious, the offender may be given an administrative sanction in the light of the actual conditions.

State functionaries who retaliate against teachers, if the case constitutes a crime, shall be investigated for criminal responsibility
in accordance with the provisions of Article 146 of the Criminal Law.

   Article 37 Teachers involved in any of the following circumstances shall be given administrative sanctions or dismissed by their schools, other
institutions of education or administrative departments of education:

(1) intentionally not accomplishing educational and teaching tasks and thus causing losses to educational and teaching work;

(2) imposing corporal punishments on students and refusing to mend their way after being criticized;

(3) having improper conduct and insulting students, thus making very bad impressions.

Teachers who are involved in any of the circumstances specified in item (2) or (3) of the preceding paragraph, if the circumstances
are serious enough to constitute a crime, shall be investigated for criminal responsibility according to law.

   Article 38 The local people’s governments shall order anyone who, in violation of the provisions of this Law, defaults on paying teachers’ salaries
or infringes upon other legitimate rights and interests of teachers, to make a rectification within a specified time limit.

Anyone who violates the State’s financial and accounting rules and regulations, misappropriates the State’s funds allocated for education,
seriously hampers the work of education and teaching, defaults on paying teachers’ salaries and impairs their legitimate rights and
interests, shall be ordered by the authorities at a higher level to return the misappropriated funds within a specified time limit,
and those who are held directly responsible shall be given administrative sanctions; and if the circumstances are serious enough
to constitute a crime, the offenders shall be investigated for criminal responsibility according to law.

   Article 39 Teachers whose legitimate rights and interests are infringed upon by schools or other institutions of education or who are not satisfied
with the settlement made by schools or other institutions of education may appeal to the administrative departments of education.
The administrative departments of education shall deal with the matter within 30 days from receipt of the appeal.

Teachers who hold that the administrative departments concerned under the local people’s governments have infringed upon the rights
they shall enjoy under this Law may appeal to the people’s governments at the corresponding levels or to the departments concerned
under the people’s governments at the next higher levels. The departments concerned under the people’s governments at the corresponding
levels or the departments concerned under the people’s governments at the next higher levels shall deal with the appeals.

CHAPTER IX SUPPLEMENTARY PROVISIONS

   Article 40 The meanings of the following expressions as used in this Law are:

(1) “Schools of various levels and categories” refer to the schools that carry out pre-school education, regular primary education,
regular secondary education, vocational education, regular higher education, special education or adult education.

(2) “Other institutions of education” refer to children’s palaces, local teaching and research sections and institutions that conduct
audio- visual education.

(3) “Primary and secondary school teachers” refer to teachers working in kindergartens, institutions of special education, regular
primary and secondary schools, institutions of primary and secondary education for adults, secondary vocational schools and other
institutions of education.

   Article 41 The relevant provisions of this Law may be applied mutatis mutandis in the light of the actual conditions to the educational and
teaching assistants of schools or other institutions of education, as well as teachers and the educational and teaching assistants
of schools of other categories.

Relevant regulations governing the teachers and the educational and teaching assistants of colleges and schools of the Army shall
be formulated by the Central Military Commission on the basis of this Law.

   Article 42 The measures for the employment of foreign teachers shall be formulated by the administrative department of education under the State
Council.

   Article 43 This law shall come into effect as of January 1, 1994.

    






INTERIM PROVISIONS FOR THE CONTROL OF FOREIGN EXCHANGE SETTLEMENTS, SALES AND PAYMENTS

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1994-03-26 Effective Date  1994-04-01  


Interim Provisions for the Control of Foreign Exchange Settlements, Sales and Payments

Chapter I  General Provisions
Chapter II  Settlement of Foreign Exchange
Chapter III  Sale of Foreign Exchange
Chapter IV  Payment of Foreign Exchange
Chapter V  Supplementary Provisions

(Approved by the State Council on March 25, 1994 and Promulgated by

Decree No.3 of the People’s Bank of China on March 26, 1994)
Chapter I  General Provisions

    Article 1  These Provisions are formulated in order to
standardize methods of foreign exchange settlement, sale and payment
and to achieve conditional convertibility of Renminbi under current
payment items.

    Article 2  A designated foreign exchange bank shall conduct such
business operations as settlement of foreign exchange, sale of foreign
exchange, opening of foreign exchange accounts and payment to
foreigners in accordance with these Provisions.

    Article 3  The various foreign exchange earnings derived by any
domestic enterprise, public institution, government organ or social
organization (hereinafter referred to as “domestic organization”) must
be promptly remitted back into Chinese territory, and foreign exchange
settlements, sales, opening of foreign exchange accounts and payments
to foreigners shall be conducted pursuant to these Provisions.
Chapter II  Settlement of Foreign Exchange

    Article 4  Apart from those items included within the scope of
foreign exchange earnings prescribed in Articles 5 and 6 of these
Provisions, the following foreign exchange earnings derived by
domestic organizations must all be cleared and sold to designated
foreign exchange banks:

    (1) foreign exchange earnings derived from the export of goods or
goods in transit for which payment is received before collection and
from other trading activities:

    (2) foreign exchange earnings gained through the winning of bids under
overseas loans:

    (3) foreign exchange earnings gained through dealing in duty free
commodities within Chinese territory under the supervision and
administration of Customs:

    (4) foreign exchange earnings gained by providing commodities or
services in such industries and various types of agency business as
transport (including all types of transport), port-related business
(including seaports and airports), post and telecommunications (not
including international remittances), tourism, advertising,
consultancy, exhibitions, sales commission, maintenance and repair,
etc;

    (5) various foreign exchange income from the payment of stipulated
fees, fines and confiscated funds derived by the administrative and
judicial organs;

    (6) foreign exchange earnings gained through the assignment of
intangible assets such as land use rights, copyrights, trademark rights,
patent rights, technology with non-patent rights and goodwill, etc;

    (7) foreign exchange earnings gained through sales of real estate
and other assets to overseas buyers;

    (8) foreign exchange profits remitted back into Chinese territory
by overseas investment enterprises, foreign exchange recovered under
foreign economic aid projects and foreign exchange earnings gained
from overseas assets;

    (9) foreign exchange earnings gained through claims against foreign
parties and returned foreign exchange guarantee funds;

    (10) foreign exchange earnings gained through undertaking foreign
exchange insurance by insurance institutions;

    (11) foreign exchange earnings gained through foreign exchange
business operations by financial institutions which have obtained a
“Licence to Engage in Foreign Exchange Business Operations”;

    (12) foreign exchange earnings gained through overseas donations
of gifts, sponsorship and aid:

    (13) other foreign exchange earnings which shall be settled as
stipulated by the State Administration of Exchange Control.

    Article 5  For the following types of foreign exchange, domestic
organizations may apply to the State Administration of Exchange Control
or its branches (hereinafter referred to as “the Administration of Exchange
Control”) to open foreign exchange accounts with designated
foreign exchange banks in order to carry out foreign exchange
settlement pursuant to the regulations:

    (1) business transaction foreign exchange received in the course
of engaging in overseas contract projects, the provision of labor
services overseas, technical cooperation and other business service
operations by companies concerned;

    (2) foreign exchange withheld to be paid by organizations which
act as agents in undertaking foreign business operations or business
operations abroad;

    (3) foreign exchange temporarily withheld to be paid or to be
settled, including bid bonds, down-payments to guarantee fulfillment
of contract remitted from overseas, foreign exchange gained through
transit trade with collection before payment, foreign exchange
business remitted by post and telecommunications offices, advance
payments of foreign exchange received from foreign tourist
organizations by first class travel services, foreign exchange gained
through overseas insured transportation business operations by railway
departments and foreign exchange guarantee funds and mortgage funds
received by Customs authorities;

    (4) insurance premiums gained through acceptance of foreign
exchange insurance to be used for overseas reinsurance but which has
not yet been settled by insurance institutions.

    Earnings gained through settlement of the aforesaid types of
foreign exchange on time and in accordance with the accounting system
shall all be cleared and sold to designated foreign exchange banks.

    Article 6  Foreign exchange which falls within the following scope
need not be settled and may have foreign exchange accounts opened with
designated foreign exchange banks:

    (1) foreign exchange to be used for State-approved specific
purposes of repayment of domestic and overseas debts which have been
examined by the Administration of Exchange Control;

    (2) donated foreign exchange to be used for overseas payments as
stipulated in a donation agreement;

    (3) foreign exchange gained through overseas borrowings and the
issue of foreign currency bonds and shares;

    (4) foreign exchange remitted into Chinese territory as investment
by legal or natural persons overseas;

    (5) foreign exchange possessed by foreign diplomatic missions in
China, the representative offices of international organizations and
other overseas legal persons;

    (6) foreign exchange possessed by foreign investment enterprises;

    (7) foreign exchange owned by resident individuals and individuals
coming to China.

    Article 7  A domestic organization which is permitted to open
foreign exchange accounts as stipulated in Article 5 and 6 of these
Provisions shall carry out the procedures for opening foreign
exchange accounts with a designated foreign exchange bank by
presenting a document of opening a foreign exchange account issued by
the Administration of Exchange Control.
Chapter III  Sale of Foreign Exchange

    Article 8  Foreign exchange used for the following trade and non-
trade operational payments to foreigners by domestic organizations
shall be converted and paid at a designated foreign exchange bank by
presentation of valid commercial documents in relation to payment
method and the listed valid documents:

    (1) licences issued by the relevant departments, or import
documents and corresponding import contracts, shall be presented for
the import of goods subject to import quota control or for specific
goods under import control;

    (2) corresponding registration certificates and import contracts
shall be presented for the import of goods subject to the automatic
registration system;

    (3) apart from the aforesaid two items, an import contract shall
be presented for other goods imported in accordance with the State
regulations for import control.

    For advance payments (within the prescribed proportion), guarantee
funds for opening Letters of Credit, remaining payments, transportation
fees, insurance premiums and subsidiary expenses under import items as
stipulated in the aforesaid items (1) to (3), and commissions (within
the prescribed proportion), transportation fees, insurance premiums and
subsidiary expenses under export items, the valid documents as stipulated
in the aforesaid items (1) to (3), or relevant documents of approval,
shall be presented;

    (4) foreign exchange used to purchase commodities from bonded
zones and bonded warehouses, and to purchase items from foreign
exhibitions held in China, the valid documents stipulated in the
aforesaid items (1) to (3) shall be presented;

    (5) import contracts or agreements shall be presented for the
import of intangible assets such as patent rights, copyrights,
trademark and computer software, etc;

    (6) for foreign exchange to be used to pay compensation to
foreigners under export items, the exchange settlement sheet, claim
agreement, certificate of settlement of claim and certificate for the
refund of foreign exchange shall be presented;

    (7) bidding documentation shall be presented for bid bonds to be
used for overseas contract projects, and contracts shall be presented
for down payment of guarantee for fulfillment of contracts and project
funds to be paid on behalf of another party.

    Article 9  Foreign exchange used for the following trade and non-
trade operational payments to foreigners by domestic organizations
shall first be converted and paid at designated foreign exchange banks
based on the detailed account of payments provided by the customer
which shall then be examined and verified:

    (1) import processing contracts approved by foreign economic
relations and trade departments shall be presented for the import of
materials involved in processing for re-export;

    (2) payments for the import of duty-free commodities within the
prescribed scope of business operations made by duty-free companies
which have been approved by the State Council;

    (3) international through freight costs, cost of maintenance of
equipment, station, airport and seaport fees, fuel supply fees,
insurance premiums, non-financing lease fees and service charges to be
paid to foreigners by civil aviation, ocean shipping and railway
departments;

    (4) food allowances and subsidies to be paid to international
operational personnel by civil aviation, ocean shipping and railway
departments;

    (5) expenses paid for international postal services and
telecommunications by post and telecommunications departments.

    Article 10  Foreign exchange used for the following trade and non-
trade operational payments to foreigners by domestic organizations
shall be converted and paid at designated foreign exchange banks
against foreign exchange sales notices issued by the Administration of
Exchange Control:

    (1) advance payments for goods and commissions which are in excess
of the prescribed proportions;

    (2) payments to foreigners incurred in the course of making
payments before collection under transit trade items.

    Article 11  Foreign exchange which is used within the limits of
the financial budget by organs, public institutions and social
organizations for non-trade and non-profit purposes shall be
handled in accordance with the “Interim Provisions Regarding Financial
Administration of Non-trade and Non-profit Foreign Exchange”.

    Article 12  Foreign exchange which is without the financial
budget and used for the following non-profit purposes by domestic
organizations shall be converted and paid at designated foreign exchange
banks against the foreign exchange sales notices issued by the
Administration of Exchange Control:

    (1) foreign exchange to be used to hold exhibitions and
investment-seeking symposia, and to conduct training and to make film
and television programs abroad, etc;

    (2) costs of external publicity, aid to foreign countries,
foreign exchange donated to foreign parties, membership dues to
international organizations;

    (3) establishment costs and funds used for the establishment of
representative offices or administrative bodies overseas;

    (4) examination fees paid to foreigners by the overseas
examination coordination center of the State Education Commission;

    (5) foreign exchange which is used for other non-profit purposes.

    Article 13  Foreign exchange which is used for the following non-
trade and non-profit purposes by individuals shall be converted
and paid at designated foreign exchange banks authorized by the
Administration of Exchange Control pursuant to the relevant regulations:

    (1) Renminbi wages, living expenses and subsidies for leaves of
absence from work received by foreign experts who have been employed
by domestic organizations and which require conversion into foreign
exchange;

    (2) foreign exchange used by individuals when leaving the country
for personal reasons and for visiting and entertainment purposes by
individuals;

    (3) retirement, severance and discharge payments and disabled
person pensions which require the purchase of foreign exchange for
remittance overseas to individuals who have settled overseas;

    (4) foreign exchange specifically used for the purchase of small
amounts of medicine and medical equipment through the mail from
overseas by domestic resident individuals.

    Article 14  The following types of foreign exchange used under
capital financing items by domestic organizations shall be converted
and paid at designated foreign exchange banks by presentation of the
following listed documents:

    (1) loan agreement and notice of loan principal and interest
required repayments issued by creditor institutions shall be presented
for repayment of principal and interest on foreign exchange loans
issued by domestic financial institutions using their own funds;

    (2) guarantee contract and payment notice issued by creditor
institutions shall be presented for foreign exchange used for domestic
guarantees to fulfill contracts;

    (3) resolutions of distribution of profits proposed by a board of
directors and tax receipts shall be presented for dividends paid in
foreign currency which have been approved by the State.

    Article 15  The following types of foreign exchange used for
capital financing items by domestic organizations shall firstly be
declared to the Administration of Exchange Control by presentation of the
following listed valid documents and shall then be converted and paid
at designated foreign exchange banks by presenting documents of
examination and approval issued by the Administration of Exchange Control:

    (1) Foreign Debt Registration Certificates or Foreign Exchange
(Transferred) Loan Registration Certificates and notice of loan
principal and interest required repayments issued by creditor
institutions shall be presented for repayment of foreign debts or
foreign exchange (transferred) loan principal, interest and expenses;

    (2) guarantee contracts, Foreign Exchange Guarantee Registration
Certificates issued by the Administration of Exchange Control and
payment notice issued by overseas organizations shall be presented for
foreign exchange used to provide a foreign exchange guarantee overseas in
order to fulfill a contract;

    (3) a document of approval issued by a project examination and
approval department and an investment contract shall be presented for
overseas investment funds to be remitted abroad;

    (4) a document of approval issued by a project examination and
approval department and a contract shall be presented for registered
funds contributed in foreign exchange by Chinese investors in a
foreign investment enterprise as required and which has been approved.

    Article l6  Legal Renminbi income (such as visa fees and
certification fees, etc.) derived by foreign diplomatic missions in
China which is required to be remitted overseas shall be converted and
paid at designated foreign exchange banks authorized by the Administration
of Exchange Control.

    Legal Renminbi income (such as passenger-cargo freight received by
representative offices of foreign airlines or ocean-shipping companies
in China) derived by overseas organizations with legal person status
in China which is required to be remitted overseas must be declared to
the Administration of Exchange Control by presentation of certification
documents and shall then be converted and paid at designated foreign
exchange banks by presentation of the foreign exchange sales notice
issued by the Administration of Exchange Control.

    Article 17  Renminbi which has not been used up, when leaving the
country, by foreigners, overseas Chinese and Hong Kong, Macao and
Taiwanese compatriots who came to China for a temporary stay, may be
converted back into foreign exchange by presentation of their passport
and original conversion sheets (valid for a period of six months) for
taking out of China.
Chapter IV  Payment of Foreign Exchange

    Article 18  Where a foreign exchange account exists and payment
usage conforms to the prescribed scope of using a foreign exchange
account, the balance of that foreign exchange account may first be
used to make all external payments, where foreign exchange payments
are outside the prescribed scope of using a foreign exchange account
is insufficient to make payments, the foreign exchange may be purchased
in order to make external payments.

    Article 19  Where external payments are made from a foreign
exchange account, these shall be examined by the bank at which the
foreign exchange account is opened according to prescribed scope of
revenue and expenditure of the foreign exchange account and pursuant
to the relevant provisions of Chapter III of these Provisions, and
the payments shall be made.

    Article 20  A payment made through purchase of foreign exchange or
made from a foreign exchange account must be handled within the time
limit prescribed in the settlement method or in the contract, and
external payments shall not be made in advance.

    Article 21  Where repayment of overseas loan principal and
interest is required to be made ahead of the prescribed time, it shall
first be subject to approval by the Administration of Exchange Control,
after which foreign exchange may be purchased in order to make the
external payment.
Chapter V  Supplementary Provisions

    Article 22  In order to prevent exchange rate risks for units with
forward payment contracts or debt repayment agreements, the designated
foreign exchange banks may conduct forward deals between Renminbi and
foreign currencies and other value maintenance operations.

    Article 23  Payments for import under barter trade shall not be
made through the purchase of foreign exchange or from foreign exchange
accounts.

    Article 24  A designated foreign exchange bank shall open an
account with 50% of the amount of exchange settled by an export
enterprise for that export enterprise. The exchange used for expanding
its exports (including for import processing, packing materials,
export base, claims and settlement of claims, transport costs and
insurance premiums, after-sales service and other subsidiary trade
expenses) required by an export enterprise shall be handled for
conversion and payment pursuant to the provisions of articles 8 and 9
of these Provisions from the account balance by the bank handling
conversion and payment.

    Article 25  A designated foreign exchange bank shall submit
exchange settlement, sales and payment statements to the Administration
of Exchange Control every 10 days.

    Article 26  A domestic organization may select a designated
foreign exchange bank within its registered area to carry out business
operations such as the opening of foreign exchange accounts,
settlement and purchase of exchange, and these activities shall be
reported to the Administration of Exchange Control for the record.

    Financial institutions engaging in foreign exchange business
operations and domestic organizations which conduct exchange
settlement, sale and payment business shall, without preconditions,
accept the supervision and inspection of the Administration of Exchange
Control and shall produce and provide relevant documents.

    Article 27  If a party violates these Provisions, the Administration
of Exchange Control may impose such punishment as warnings,
fines or suspension of exchange settlement, sale and payment for
business operations.

    Article 28  The provisions of Chapter III of these Provisions shall
not apply to foreign investment enterprises.

    Article 29  The State Administration of Exchange Control shall be
responsible for the interpretation of these Provisions.

    Article 30  These Provisions shall become effective on April 1, 1994.
In the event of any conflict between these Provisions and other relevant
legislation promulgated previously, these current Provisions shall prevail.






PROVISIONS ON THE ADMINISTRATION OF EMPLOYMENT OF TAIWAN, HONG KONG AND MACAO RESIDENTS IN THE MAINLAND

20051001

The Ministry of Labor

Provisions on the Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland

LaoDongBuFa [1994] No.102

February 21, 1994

Chapter I General Provisions

Article 1

These Provisions are formulated in accordance with the relevant laws and regulations and for the purposes of strengthening the administration
of employment of Taiwan, Hong Kong and Macao residents (hereinafter referred to as the persons from Taiwan, Hong Kong and Macao)
in the Mainland and the units in the Mainland employing such persons and protecting the lawful rights and interests of employed persons
and employing units.

Article 2

Employment of the persons from Taiwan, Hong Kong and Macao in the Mainland mentioned in these Provisions means the acts that the persons
from Taiwan, Hong Kong and Macao are employed according to law by the employing units in the Mainland to engage in certain social
labors and get labor remuneration or business income.

Article 3

These Provisions apply to all employing units applying for employment of the persons from Taiwan, Hong Kong and Macao, including private
industrial and commercial households, and the persons from Taiwan, Hong Kong and Macao seeking employment in the Mainland.

Article 4

These Provisions do not apply to the experts from the regions of Taiwan, Hong Kong and Macao invited through the State Bureau of Foreign
Experts, legal representatives of business representative offices set up in the Mainland by Taiwan, Hong Kong and Macao, and investors
with legal person status who set up foreign-capital enterprises in the Mainland.

Article 5

Employment of the persons from Taiwan, Hong Kong and Macao in the Mainland is subject to the employment permit system. Persons from
Taiwan, Hong Kong and Macao having the employment permit may seek employment in the Mainland and are protected by law.

Article 6

Labor departments of provinces, autonomous regions and municipalities directly under the Central Government and their authorized labor
departments at the prefecture and city levels are responsible for the work of administration of employment of the persons from Taiwan,
Hong Kong and Macao in the Mainland.

Chapter II Application, Examination and Approval for Employment

Article 7

An employing unit in the Mainland intending to employ a person from Taiwan, Hong Kong or Macao must apply to the labor department;
and a person from Taiwan, Hong Kong or Macao seeking employment in the Mainland must fill in the Application Form for Employment
of Taiwan, Hong Kong or Macao Residents in the Mainland (see Attachment 1) and must be approved by the labor department.

Article 8

A person from Taiwan, Hong Kong or Macao seeking employment in theMainland must meet the following requirements:

(1)

to have attained the age of 18, healthy, and to have a valid travel permit issued by the competent organ in the Mainland.

(2)

to have a professional qualification certificate or corresponding certificate of education necessary for the work to be engaged in,
as well as practical experiences in engaging in the profession.

Article 9

An employing unit in the Mainland intending to employ a person from Taiwan, Hong Kong or Macao must meet the following requirements:

(1)

It has a special demand on the position for which the person from Taiwan, Hong Kong or Macao is to be employed, and there is temporary
shortage of a proper candidate for the said position in the Mainland;

(2)

It has a certificate issued by the employment agency organization under the labor department proving the impossibility in finding
and employing a proper person needed within its area, or unable to employ a proper person needed for the position after three-week
open employment activities carried out under the guidance of the labor department; and

(3)

It may not violate the relevant provisions of the State in employing the persons from Taiwan, Hong Kong and Macao.

Article 10

If the contract of a foreign-capital enterprise established in the Mainland stipulates that the general manager or deputy general
manager is the person from Taiwan, Hong Kong or Macao, he shall be exempt from examination and approval procedures for employment.

Article 11

If a person from Taiwan, Hong Kong or Macao is examined and approved to seek employment in the Mainland, the labor department of the
province, autonomous region or municipality directly under the Central Government or its authorized labor department at the prefecture
or city level issues him an Employment Permit of the Person from Taiwan, Hong Kong or Macao (see Attachment 2, and hereinafter referred
to as the Employment Permit). The Employment Permit is made centrally by the Ministry of Labor.

Article 12

Persons from Taiwan, Hong Kong and Macao who are approved to seek employment in the Mainland shall, by presenting the Employment Permit,
apply to local public security organs for temporary residence.

Chapter III Labor Management and Supervision

Article 13

Persons from Taiwan, Hong Kong and Macao who are employed in the Mainland shall abide by laws and regulations of the State. Labor
departments exercise labor management over the employed persons and employing units.

Article 14

Employing units and employed persons must sign a labor contract in accordance with the relevant provisions for the administration
of the labor contract promulgated by the State. The rights and obligations of both sides, the time limit, alteration, termination
of a labor contract, the conditions of releasing from the labor contract, responsibilities for violating the labor contract and other
proceedings needed to be defined should be prescribed clearly in the labor contract.

Article 15

If a labor dispute arises in the course of performing a labor contract, it is settled according to the Regulations of the People’s
Republic of China for the Settlement of Enterprise Labor Disputes.

Article 16

Labor departments implement the annual inspection system on the Employment Permit. When an employing unit employs a person from Taiwan,
Hong Kong or Macao up to one year each time, it shall, within one month at the expiration of the period, voluntarily go to the labor
department to go through the annual inspection procedures. If such procedures are not gone through on schedule, the Employment Permit
becomes invalid automatically.

Article 17

The employment of a person from Taiwan, Hong Kong or Macao by an employing unit shall end at the expiration of the contract term.
If it is necessary to extend the employment, it must, one month prior the expiration of the original contract term, submit an application
for extending the employment of the person from Taiwan, Hong Kong or Macao to the labor department, and the employment may be extended
only after being approved.

Article 18

If a person from Taiwan, Hong Kong or Macao is dismissed by an employing unit or terminates his contract on his own, the employing
unit shall timely report to the labor department to take back and cancel his Employment Permit. If the Employment Permit is lost
or damaged, it shall promptly report to the original issuing organ and apply for a new one.

Article 19

The unit employing a person from Taiwan, Hong Kong or Macao must be the same as the employing unit indicated in the Employment Permit.
The Employment Permit is valid only in the employing unit approved within the said jurisdiction area. A change of the employing unit
within the jurisdiction area must be approved by the original issuing organ and be subject to the procedures for the change. If the
employment is sought outside the original jurisdiction area, the procedures for employment application, examination and approval
must be gone through again.

Article 20

If an employment agency or brokerage service organization in the Mainland intends to introduce the persons from Taiwan, Hong Kong
and Macao to work in the Mainland, it must file an application to the labor department of the province, autonomous region or municipality
directly under the Central Government in the place of its location and may engage in such service only after being approved and authorized.

Article 21

Employing units and employed persons shall voluntarily accept the supervision from labor supervision organizations over their implementation
of related labor laws and regulations.

Chapter IV Penalty Provisions

Article 22

A person from Taiwan, Hong Kong or Macao who, in violation of Article 7 of these Provisions, seeks an employment without approval,
is ordered to stop the employment and imposed a fine of 5 to 10 times of his monthly average wage. The specific standard is formulated
by the labor department of the province, autonomous region or municipality directly under the Central Government.

Article 23

If an employing unit violates Article 7 of these Provisions, it is ordered to stop the employment and imposed a fine of 10 to 15
times of the monthly average wage of the employed person. The specific standard is formulated by the labor department of the province,
autonomous region or municipality directly under the Central Government.

Article 24

If an organization or individual, in violation of Article 20 of these Provisions, illegally engages in introducing the persons from
Taiwan, Hong Kong and Macao to work in the Mainland, all of its or his illegal incomes shall be confiscated, and it or he shall be
deemed an illegal labor service and punished according to law.

Article 25

If a person from Taiwan, Hong Kong or Macao forges, alters, passes off or transfers the Employment Permit or refuses the inspection
from the labor department, the labor department takes back and cancels the Employment Permit and imposes on him a fine of 5 to 10
times of his monthly average wage. The specific standard is formulated by the labor department of the province, autonomous region
or municipality directly under the Central Government. If a crime is constituted, he is handed over to the judicial department for
punishment.

Article 26

If a person from Taiwan, Hong Kong or Macao fails to comply with or violates these Provisions, the labor department refuses to issue
the Employment Permit thereto. If the Employment Permit has already been issued thereto, it shall be revoked and invalidated.

Article 27

Penalties specified in this Chapter are decided by labor departments. All fines collected are timely turned over into the State Treasury
according to the unified provisions of the State.

Chapter V Supplementary Provisions

Article 28

Labor departments of provinces, autonomous regions and municipalities directly under the Central Government may formulate the rules
for implementation in accordance with these Provisions, and submit them to the Ministry of Labor for the record.

Article 29

The Ministry of Labor is responsible for the interpretation of these Provisions.

Article 30

These Provisions shall enter into force as of the date of promulgation, that is, as of February 21, 1994. Persons from Taiwan, Hong
Kong and Macao who, without approval of labor departments of provinces, autonomous regions and municipalities directly under the
Central Government, have been already employed by employing units in the Mainland prior to the said date, shall go through the application
procedures according to these Provisions within one month from the date of operation of these Provisions. Labor departments shall
issue the Employment Permit to those who meet the requirements, and deal with those who fail to meet the requirements or fail to
go through the application procedures as illegal employment.



 
The Ministry of Labor
1994-02-21

 







LABOUR LAW

Category  LABOUR ADMINISTRATION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1994-07-05 Effective Date  1995-01-01  


Labour Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Promotion of Employment
Chapter III  Labor Contracts and Collective Contracts
Chapter IV  Working Hours, Rest and Vacations
Chapter V  Wages
Chapter VI  Occupational Safety and Health
Chapter VII  Special Protection for Female and Juvenile Workers
Chapter VIII  Vocational Training
Chapter IX  Social Insurance and Welfare
Chapter X  Labor Disputes
Chapter XI  Supervision and Inspection
Chapter XII  Legal Responsibility
Chapter XIII  Supplementary Provisions

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

National People’s Congress on July 5, 1994, promulgated by Order No. 28 of
the President of the People’s Republic of China on July 5, 1994, and effective
as of January 1, 1995)
Contents

    Chapter I  General Provisions

    Chapter II  Promotion of Employment

    Chapter III  Labor Contracts and Collective Contracts

    Chapter IV  Working Hours, Rest and Vacations

    Chapter V  Wages

    Chapter VI  Occupational Safety and Health

    Chapter VII  Special Protection for Female and Juvenile Workers

    Chapter VIII  Vocational Training

    Chapter IX  Social Insurance and Welfare

    Chapter X  Labor Disputes

    Chapter XI  Supervision and Inspection

    Chapter XII  Legal Responsibility

    Chapter XIII  Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated in accordance with the Constitution in
order to protect the legitimate rights and interests of laborers, readjust
labor relationship, establish and safeguard a labor system suited to the
socialist market economy, and promote economic development and social progress.

    Article 2  This Law applies to all enterprises and individual economic
organizations (hereinafter referred to as employing units) within the boundary
of the People’s Republic of China and laborers who form a labor relationship
therewith.

    State organs, institutional organizations and societies as well as
laborers who form a labor contract relationship therewith shall follow this
Law.

    Article 3  Laborers shall have the right to be employed on an equal
basis, choose occupations, obtain remuneration for their labor, take rest,
have holidays and leaves, obtain protection of occupational safety and health,
receive training in vocational skills, enjoy social insurance and welfare, and
submit applications for settlement of labor disputes, and other rights
relating to labor as stipulated by law.

    Laborers shall fulfill their labor tasks, improve their vocational
skills, follow rules on occupational safety and health, and observe labor
discipline and professional ethics.

    Article 4  The employing units shall establish and perfect rules and
regulations in accordance with the law so as to ensure that laborers enjoy
the right to work and fulfill labor obligations.

    Article 5  The State shall take various measures to promote employment,
develop vocational education, lay down labor standards, regulate social
incomes, perfect social insurance system, coordinate labor relationship, and
gradually raise the living standard of laborers.

    Article 6  The State shall advocate the participation of laborers in
social voluntary labor and the development of their labor competitions and
activities of forwarding rational proposals, encourage and protect the
scientific research and technical renovation engaged by laborers, as well as
their inventions and creations; and commend and award labor models and
advanced workers.

    Article 7  Laborers shall have the right to participate in and organize
trade unions in accordance with the law.

    Trade unions shall represent and safeguard the legitimate rights and
interests of laborers, and independently conduct their activities in
accordance with the law.

    Article 8  Laborers shall, through the assembly of staff and workers or
their congress, or other forms in accordance with the provisions of laws,
rules and regulations, take part in democratic management or consult with the
employing units on an equal footing about protection of the legitimate rights
and interests of laborers.

    Article 9  The labor administrative department of the State Council shall
be in charge of the management of labor of the whole country.

    The labor administrative departments of the local people’s governments at
or above the county level shall be in charge of the management of labor in
the administrative areas under their respective jurisdiction.
Chapter II  Promotion of Employment

    Article 10  The State shall create conditions for employment and increase
opportunities for employment by means of the promotion of economic and social
development.

    The State shall encourage enterprises, institutional organizations, and
societies to initiate industries or expand businesses for the increase of
employment within the scope of the stipulations of laws, and administrative
rules and regulations.

    The State shall support laborers to get jobs by organizing themselves on
a voluntary basis or by engaging in individual businesses.

    Article 11  Local people’s governments at various levels shall take
measures to develop various kinds of job-introduction agencies and provide
employment services.

    Article 12  Laborers shall not be discriminated against in employment,
regardless of their ethnic community, race, sex, or religious belief.

    Article 13  Females shall enjoy equal rights as males in employment. It
shall not be allowed, in the recruitment of staff and workers, to use sex as a
pretext for excluding females from employment or to raise recruitment
standards for the females, except for the types of work or posts that are not
suitable for females as stipulated by the State.

    Article 14  Where there are special stipulations in laws, rules and
regulations on the employment of the disabled, the personnel of national
minorities, and demobilized armymen, such special stipulations shall apply.

    Article 15  No employing units shall be allowed to recruit juveniles under
the age of 16.

    Units of literature and art, physical culture and sport, and special arts
and crafts that need to recruit juveniles under the age of 16 must go through
the formalities of examination and approval according to the relevant
provisions of the State and guarantee their right to compulsory education.
Chapter III  Labor Contracts and Collective Contracts

    Article 16  A labor contract is the agreement reached between a laborer
and an employing unit for the establishment of the labor relationship and the
definition of the rights, interests and obligations of each party.

    A labor contract shall be concluded where a labor relationship is to be
established.

    Article 17  Conclusion and modification of a labor contract shall follow
the principles of equality, voluntariness and unanimity through consultation,
and shall not run counter to the stipulations of laws, administrative rules
and regulations.

    A labor contract once concluded in accordance with the law shall possess
legal binding force. The parties involved must fulfill the obligations as
stipulated in the labor contract.

    Article 18  The following labor contracts shall be invalid:

    (1) labor contracts concluded in violation of laws, administrative rules
and regulations; and

    (2) labor contracts concluded by resorting to such measures as cheating
and intimidation.

    An invalid labor contract shall have no legal binding force from the very
beginning of its conclusion. Where a part of a labor contract is confirmed as
invalid and where the validity of the remaining part is not affected, the
remaining part shall remain valid.

    The invalidity of a labor contract shall be confirmed by a labor dispute
arbitration committee or a people’s court.

    Article 19  A labor contract shall be concluded in written form and
contain the following clauses:

    (1) term of a labor contract;

    (2) contents of work;

    (3) labor protection and working conditions;

    (4) labor remuneration;

    (5) labor disciplines;

    (6) conditions for the termination of a labor contract; and

    (7) responsibility for the violation of a labor contract.

    Apart from the required clauses specified in the preceding paragraph,
other contents in a labor contract may be agreed upon through consultation by
the parties involved.

    Article 20  The term of a labor contract shall be divided into fixed
term, flexible term or taking the completion of a specific amount of work as a
term.

    In case a laborer has kept working in a same employing unit for ten years
or more and the parties involved agree to extend the term of the labor
contract, a labor contract with a flexible term shall be concluded between
them if the laborer so requested.

    Article 21  A probation period may be agreed upon in a labor contract.
The longest probation period shall not exceed six months.

    Article 22  The parties involved in a labor contract may reach an
agreement in their labor contract on matters concerning keeping the
commercial secrets of the employing unit.

    Article 23  A labor contract shall terminate upon the expiration of its
term or the emergence of the conditions for the termination of the labor
contract as agreed upon by the parties involved.

    Article 24  A labor contract may be revoked upon agreement reached
between the parties involved through consultation.

    Article 25  The employing unit may revoke the labor contract with a
laborer in any of the following circumstances:

    (1) to be proved not up to the requirements for recruitment during the
probation period;

    (2) to seriously violate labor disciplines or the rules and regulations
of the employing unit;

    (3) to cause great losses to the employing unit due to serious dereliction
of duty or engagement in malpractice for selfish ends; and

    (4) to be investigated for criminal responsibilities in accordance with
the law.

    Article 26  In any of the following circumstances, the employing unit may
revoke a labor contract but a written notification shall be given to the
laborer 30 days in advance:

    (1) where a laborer is unable to take up his original work or any new
work arranged by the employing unit after the completion of his medical
treatment for illness or injury not suffered from at work;

    (2) where a laborer is unqualified for his work and remains unqualified
even after receiving a training or an adjustment to an other work post; and

    (3) no agreement on modification of the labor contract can be reached
through consultation by the parties involved when the objective conditions
taken as the basis for the conclusion of the contract have greatly changed so
that the original labor contract can no longer be carried out.

    Article 27  During the period of statutory consolidation when the
employing unit comes to the brink of bankruptcy or runs deep into difficulties
in production and management, and if reduction of its personnel becomes really
necessary, the unit may make such reduction after it has explained the
situation to the trade union or all of its staff and workers 30 days in
advance, solicited opinions from them and reported to the labor
administrative department.

    Where the employing unit is to recruit personnel six months after the
personnel reduction effected according to the stipulations of this Article,
the reduced personnel shall have the priority to be re-employed.

    Article 28  The employing unit shall make economic compensations in
accordance with the relevant provisions of the State if it revokes its labor
contracts according to the stipulations in Article 24, Article 26 and Article
27 of this Law.

    Article 29  The employing unit shall not revoke its labor contract with a
laborer in accordance with the stipulations in Article 26 and Article 27 of
this Law in any of the following circumstances:

    (1) to be confirmed to have totally or partially lost the ability to work
due to occupational diseases or injuries suffered from at work;

    (2) to be receiving medical treatment for diseases or injuries within the
prescribed period of time;

    (3) to be a female staff member or worker during pregnant, puerperal, or
breast-feeding period; or

    (4) other circumstances stipulated by laws, administrative rules and
regulations.

    Article 30  The trade union of an employing unit shall have the right to
air its opinions if it regards as inappropriate the revocation of a labor
contract by the unit. If the employing unit violates laws, rules and
regulations or labor contracts, the trade union shall have the right to
request for reconsideration. Where the laborer applies for arbitration or
brings in a lawsuit, the trade union shall render him support and assistance
in accordance with the law.

    Article 31  A laborer who intends to revoke his labor contract shall
give a written notice to the employing unit 30 days in advance.

    Article 32  A laborer may notify at any time the employing unit of his
decision to revoke the labor contract in any of the following circumstances:

    (1) within the probation period;

    (2) where the employing unit forces the laborer to work by resorting to
violence, intimidation or illegal restriction of personal freedom; or

    (3) failure on the part of the employing unit to pay labor remuneration
or to provide working conditions as agreed upon in the labor contract.

    Article 33  The staff and workers of an enterprise as one party may
conclude a collective contract with the enterprise on matters relating to
labor remuneration, working hours, rest and vacations, occupational safety
and health, and insurance and welfare. The draft collective contract shall be
submitted to the congress of the staff and workers or to all the staff and
workers for discussion and adoption.

    A collective contract shall be concluded by the trade union on behalf of
the staff and workers with the enterprise; in an enterprise where the trade
union has not yet been set up, such contract shall be also concluded by the
representatives elected by the staff and workers with the enterprise.

    Article 34  A collective contract shall be submitted to the labor
administrative department after its conclusion. The collective contract shall
go into effect automatically if no objections are raised by the labor
administrative department within 15 days from the date of the receipt of a
copy of the contract.

    Article 35  Collective contracts concluded in accordance with the law
shall have binding force to both the enterprise and all of its staff and
workers. The standards on working conditions and labor payments agreed upon
in labor contracts concluded between individual laborers and the enterprise
shall not be lower than those as stipulated in collective contracts.
Chapter IV  Working Hours, Rest and Vacations

    Article 36  The State shall practise a working hour system under which
laborers shall work for no more than eight hours a day and no more than 44
hours a week on the average.

    Article 37  In case of laborers working on the basis of piecework, the
employing unit shall rationally fix quotas of work and standards on piecework
remuneration in accordance with the working hour system stipulated in Article
36 of this Law.

    Article 38  The employing unit shall guarantee that its staff and workers
have at least one day off in a week.

    Article 39  Where an enterprise can not follow the stipulations in Article
36 and Article 38 of this Law due to its special production nature, it may
adopt other rules on working hours and rest with the approval of the labor
administrative department.

    Article 40  The employing unit shall arrange holidays for laborers in
accordance with the law during the following festivals:

    (1) the New Year’s Day;

    (2) the Spring Festival;

    (3) the International Labor Day;

    (4) the National Day; and

    (5) other holidays stipulated by laws, rules and regulations.

    Article 41  The employing unit may extend working hours due to the
requirements of its production or business after consultation with the trade
union and laborers, but the extended working hour for a day shall generally
not exceed one hour; if such extension is called for due to special reasons,
the extended hours shall not exceed three hours a day under the condition that
the health of laborers is guaranteed. However, the total extension in a month
shall not exceed thirty six hours.

    Article 42  The extension of working hours shall not be subject to
restriction of the provisions of Article 41 of this Law under any of the
following circumstances:

    (1) where emergent dealing is needed in the event of natural disaster,
accident or other reason that threatens the life, health and the safety of
property of laborers;

    (2) where prompt rush repair is needed in the event of breakdown of
production equipment, transportation lines or public facilities that affects
production and public interests; and

    (3) other circumstances as stipulated by laws, administrative rules and
regulations.

    Article 43  The employing unit shall not extend working hours of laborers
in violation of the provisions of this Law.

    Article 44  The employing unit shall, according to the following
standards, pay laborers remunerations higher than those for normal working
hours under any of the following circumstances:

    (1) to pay no less than 150 per cent of the normal wages if the extension
of working hours is arranged;

    (2) to pay no less than 200 per cent of the normal wages if the extended
hours are arranged on days of rest and no deferred rest can be taken; and

    (3) to pay no less than 300 per cent of the normal wages if the extended
hours are arranged on statutory holidays.

    Article 45  The State shall practise a system of annual vacation with pay.

    Laborers who have kept working for one year and more shall be enpost_titled to
annual vacation with pay. The concrete measures shall be formulated by the
State Council.
Chapter V  Wages

    Article 46  The distribution of wages shall follow the principle of
distribution according to work and equal pay for equal work.

    The level of wages shall be gradually raised on the basis of economic
development. The State shall exercise macro-regulations and control over the
total payroll.

    Article 47  The employing unit shall independently determine its form of
wage distribution and wage level for its own unit according to law and based
on the characteristics of its production and business and economic results.

    Article 48  The State shall implement a system of guaranteed minimum
wages. Specific standards on minimum wages shall be determined by the people’s
governments of provinces, autonomous regions or municipalities directly under
the Central Government and reported to the State Council for the record.

    Wages paid to laborers by the employing unit shall not be lower than the
local standards on minimum wages.

    Article 49  The determination and readjustment of the standards on minimum
wages shall be made with reference to the following factors in a comprehensive
manner:

    (1) the lowest living expenses of laborers themselves and the average
family members they support;

    (2) the average wage level of the society as a whole;

    (3) labor productivity;

    (4) the situation of employment; and

    (5) the different levels of economic development between regions.

    Article 50  Wages shall be paid monthly to laborers themselves in cash.
The wages paid to laborers shall not be deducted or delayed without
justification.

    Article 51  The employing unit shall pay wages according to law to
laborers who observe statutory holidays, take leaves during the periods of
marriage or funeral, or participate in social activities in accordance with
the law.
Chapter VI  Occupational Safety and Health

    Article 52  The employing unit must establish and perfect the system for
occupational safety and health, strictly implement the rules and standards of
the State on occupational safety and health, educate laborers on occupational
safety and health, prevent accidents in the process of work, and reduce
occupational hazards.

    Article 53  Facilities of occupational safety and health must meet the
standards stipulated by the State.

    Facilities of occupational safety and health installed in new projects and
projects to be rebuilt or expanded must be designed, constructed and put into
operation and use at the same time as the main projects.

    Article 54  The employing unit must provide laborers with occupational
safety and health conditions conforming to the provisions of the State and
necessary articles of labor protection, and provide regular health
examination for laborers engaged in work with occupational hazards.

    Article 55  Laborers to be engaged in specialized operations must receive
specialized training and acquire qualifications for such special operations.

    Article 56  Laborers must strictly abide by rules of safe operation in
the process of their work.

    Laborers shall have the right to refuse to operate if the management
personnel of the employing unit command the operation in violation of rules
and regulations or force laborers to run risks in operation; laborers shall
have the right to criticize, report or file charges against the acts
endangering the safety of their life and health.

    Article 57  The State shall establish a system for the statistics, reports
and dispositions of accidents of injuries and deaths, and cases of
occupational diseases. The labor administrative departments and other
relevant departments of the people’s governments at or above the county level
and the employing unit shall, according to law, compile statistics, report and
dispose of accidents of injuries and deaths that occurred in the process of
their work and cases of occupational diseases.
Chapter VII  Special Protection for Female and Juvenile Workers

    Article 58  The State shall provide female workers and juvenile workers
with special protection.

    “Juvenile workers” hereby refer to laborers at the age of 16 but not 18
yet.

    Article 59  It is prohibited to arrange female workers to engage in work
down the pit of mines, or work with Grade IV physical labor intensity as
stipulated by the State, or other work that female workers should avoid.

    Article 60  Female workers during their menstrual periods shall not be
arranged to engage in work high above the ground, under low temperature, or in
cold water or work with Grade III physical labor intensity as stipulated by
the State.

    Article 61  Female workers during their pregnancy shall not be arranged to
engage in work with Grade III physical labor intensity as stipulated by the
State or other work that they should avoid in pregnancy. Female workers
pregnant for seven months or more shall not be arranged to extend their
working hours or to work night shifts.

    Article 62  After childbirth, female workers shall be enpost_titled to no less
than ninety days of maternity leaves with pay.

    Article 63  Female workers during the period of breast-feeding their
babies less than one year old shall not be arranged to engage in work with
Grade III physical labor intensity as stipulated by the State or other labor
that they should avoid during their breast-feeding period, or to extend their
working hours or to work night shifts.

    Article 64  No juvenile workers shall be arranged to engage in work down
the pit of mines, work that is poisonous or harmful, work with Grade IV
physical labor intensity as stipulated by the State, or other work that they
should avoid.

    Article 65  The employing unit shall provide regular physical examinations
to juvenile workers.
Chapter VIII  Vocational Training

    Article 66  The State shall take various measures through various channels
to expand vocational training undertakings so as to develop professional
skills of laborers, improve their qualities, and raise their employment
capability and work ability.

    Article 67  People’s governments at various levels shall incorporate the
development of vocational training in the plans of social and economic
development, encourage and support all enterprises, institutional
organizations, societies and individuals, where conditions permit, to sponsor
all kinds of vocational training.

    Article 68  The employing unit shall establish a system for vocational
training, raise and use funds for vocational training in accordance with the
provisions of the State, and provide laborers with vocational training in a
planned way and in the light of the actual situation of the unit.

    Laborers to be engaged in technical work must receive pre-job training
before taking up their posts.

    Article 69  The State shall determine occupational classification, set up
professional skill standards for the occupations classified, and practise a
system of vocational qualification certificates. Examination and verification
organizations authorized by the government are in charge of the examination
and verification of the professional skills of laborers.
Chapter IX  Social Insuranc

ADVERTISEMENT LAW

Category  ADMINISTRATION FOR INDUSTRY AND COMMERCE Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1994-10-27 Effective Date  1995-02-01  


Advertisement Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Requirements of Advertising
Chapter III  Advertising Activities
Chapter IV  Advertisement Examination
Chapter V  Legal Responsibility
Chapter VI  Supplementary Provisions

(Adopted at the Tenth Session of the Standing Committee of the Eighth

National People’s Congress, promulgated by Order No.34 of the President of
the People’s Republic of China on October 27, 1994, and effective as of
February 1, 1995.)
Contents

    Chapter I  General Provisions

    Chapter II  Requirements of Advertising

    Chapter III  Advertising Activities

    Chapter IV  Advertisement Examination

    Chapter V  Legal Responsibility

    Chapter VI  Supplementary Provisions
Chapter I  General Provisions

    Article 1  This law is formulated in order to regulate advertising
activities, promote the healthy development of the advertising sector, protect
the lawful rights and interests of consumers, maintain the social and economic
order, and let advertisements play an active role in socialist market economy.

    Article 2  Advertisers, advertising operators and advertisement
publishers, when engaging in advertising activities within the territory of
the People’s Republic of China, shall abide by this law.

    “Advertisement” as the term is used in this Law refers to any commercial
advertisement, which a commodity operator or service provider pays for,
through certain media or forms, directly or indirectly introducing their
commodities being sold or services being provided.

    “Advertiser” as the term is used in this Law refers to any legal person,
other economic organization or individual, who, with the purpose of promoting
the sales of commodities or providing services, is to design, produce and
publish advertisements by itself or through commissioning others.

    “Advertising operator” as the term is used in this Law refers to any legal
person, other economic organization or individual, who is commissioned to
provide advertisement designing, producing and agent services.

    “Advertisement publisher” as the term is used in this Law refers to any
legal person or other economic organization which publishes advertisements for
advertisers or advertising operators commissioned by advertisers.

    Article 3  An advertisement shall be true to facts, lawful, and in
compliance with the requirements of raising socialist cultural and ideological
progress.

    Article 4  An advertisement may not contain any false and deceiving
information, and may not cheat or misguide consumers.

    Article 5  Advertisers, advertising operators and advertisement publishers
shall, when engaging in advertising activities, abide by laws and
administrative regulations and adhere to the principles of fairness and
trustworthiness.

    Article 6  The administration for industry and commerce of the people’s
governments at or above the county level are advertising supervision and
control organs.
Chapter II  Requirements of Advertising

    Article 7  The contents of advertisements shall be conducive to the
physical and mental health of the people, promote the improvement in quality
of commodity and service, protect the lawful rights and interests of
consumers, be in compliance with social morality and professional ethics, and
safeguard the dignity and interests of the state.

    Advertisements may not contain any of the folIowing circumstances:

    1. using the national flag, national emblem and national anthem of the
People’s Republic of China;

    2. using the names of state organs or names of staff of state organs;

    3. using such words as the state-level, the highest-level or the best;

    4. hindering social stability or endangering the safety of life or
property, or harming the social public interests;

    5. hindering the social public order or violating the good social customs;

    6. carrying any pornographic, superstitious, horrible, violent or ugly
information;

    7. carrying any nationality, racial, religious or sex discriminating
information;

    8. hindering environmental and natural resources protection; and

    9. other circumstances that are prohibited by laws and administrative
regulations.

    Article 8  Advertisements may not impair the physical and mental health of
the minors and the disabled.

    Article 9  Statements in advertisements on commodity’s performance, origin
of production, use, quality, price, producer and manufacturer, valid term, and
promise, and service’s items, manner, quality, price and promise shall be
clear and explicit.

    An advertisement, in which gifts are indicated to be presented in
promoting the sales of commodities or providing services, shall state the type
and quantity of gifts as compliments.

    Article 10  Data, statistical information, investigation and survey
findings, digest and quotes used in an advertisement shall be true to facts
and accurate, and their sources shall be indicated.

    Article 11  An advertisement involving patented products or patent methods
shall clearly indicate the patent number and the type of patent.

    The unpatented may not pretend to be patented in advertisements.

    The use of ungranted patent applications or terminated, nullified or
invalid patents to advertise is prohibited.

    Article 12  An advertisement may not belittle the commodities or services
of other producers and manufacturers or operators.

    Article 13  An advertisement shall be distinguishable, and enable
consumers to identify it is an advertisement.

    The mass media may not publish advertisements in the form of news report.
Advertisements published through the mass media shall bear advertisement marks
to differentiate them from other nonadvertisement information and may not lead
to the misunderstanding of consumers.

    Article 14  Advertisements for pharmaceuticals, medical apparatus and
instruments may not contain the following contents:

    1. unscientific affirmations, statements or promises on efficacy;

    2. indication of the cure rate or efficacious rate;

    3. comparison of efficacy and safeness with other medicines, medical
apparatus and instruments;

    4. use of the name or image of medical research unit, academic
organization, medical unit or expert, doctor or patient as proofs; and

    5. other contents that are prohibited by laws and administrative
regulations.

    Article 15  The contents of advertisements for pharmaceuticals must take
as the standards the instructions approved by the public health administrative
department under the State Council or public health administrative departments
of provinces, autonomous regions and municipalities directly under the Central
Government.

    Advertisements for therapeutic pharmaceuticals which, as provided by the
state, shall be used under physician’s advice must be marked “purchase and use
on physician’s prescription”.

    Article 16  Special pharmaceuticals such as anaesthetic, narcotic,
psychotropic, toxic and radioactive drugs may not appear in advertisements.

    Article 17  Advertisements for agricultural chemicals may not contain the
following contents:

    1. absolute affirmations indicating its safeness such as non-toxic or
non-harm;

    2. unscientific affirmations or promises indicating its effectiveness;

    3. words, languages or pictures that violate the safe use regulations of
agricultural chemicals; and

    4. other contents that are prohibited by laws and administrative
regulations.

    Article 18  Publishing of advertisements for tobacco by means of radio,
cinema pictures, television, newspaper, magazine or periodical is prohibited.

    Erecting or placing advertisements for tobacco at public places such as
various waiting rooms, cinemas and theatres, conference halls and sports
stadiums and gymnasiums is prohibited.

    Advertisements for tobacco must be marked with “smoking is harmful to your
health”.

    Article 19  The contents of advertisements for foods, alcohol drinks or
cosmetics must comply with matters and items of hygiene license, and may not
use medical jargons or words which are easily to be mixed up with
pharmaceuticals.
Chapter III  Advertising Activities

    Article 20  Advertisers, advertising operators and advertisement
publishers shall sign written contracts according to law in their advertising
activities, stipulating explicitly each party’s rights and obligations.

    Article 21  No advertiser, advertising operator or advertisement publisher
may engage in unfair competition of any form in their advertising activities.

    Article 22  An advertiser, in designing, producing or publishing
advertisements either by itself or through committing others to promote the
sales of commodities or to provide services shall comply with its business
scope.

    Article 23  An advertiser shall, in commissioning to design, produce and
publish advertisements, commission an advertising operator or advertisement
publisher with legal business status.

    Article 24  An advertiser shall, in designing, producing and publishing
advertisements either by itself or through commissioning others, has or provide
true, lawful and valid documentation as follows:

    1. business license and other papers and documents proving production and
operation qualification;

    2. documents and papers issued by quality certification organs for the
content of commodity quality to be advertised;

    3. other documents and papers to confirm the truthfulness of the content
of advertisement.

    Where, pursuant to the provisions of Article 34 of this Law, publishing of
an advertisement is subject to examination by relevant administrative
departments, relevant documents and papers of approval shall also be provided.

    Article 25  Any advertiser or advertising operator shall, if using the
names or images of others in advertising, obtain in advance the written
consent of others; and if using the names or images of persons with incapacity
for civil actions or with limited capacity for civil actions, obtain in
advance the written consent from their guardians.

    Article 26  Those engaging in the advertising business shall have the
required professional and technical personnel and production equipment, and
undergo company or advertising business registration in accordance with law,
before they may engage themselves in advertising activities.

    The advertising business of radio stations, television stations, newspaper
or magazine and periodical publishing units shall be handled by their own
departments specializing in advertising business, and registration for
concurrent advertising business shall be made according to law.

    Article 27  Advertising operators and advertisement publishers are to
check relevant documentation and to examine and verify the contents of
advertisements in accordance with laws and administrative regulations. With
respect to an advertisement with untrue content or without the required
complete documentation, any advertising operator may not provide services on
designing, producing and serving as agent and any advertisement publisher may
not publish such advertisement.

    Article 28  Advertising operators and advertisement publishers, according
to relevant state regulations, are to establish and perfect the system on
acceptance registration, examination and verification, and record management
of their advertisement businesses.

    Article 29  Advertising charges shall be reasonable and open to the
public, the charging standards and measures shall be registered with the
administrative departments in charge of price and industry and commerce for
record.

    Advertising operators and advertisement publishers shall make public their
charging standards and measures.

    Article 30  Advertisement publishers shall provide true information on
media coverage, audience rate and circulation to advertisers and advertising
operators.

    Article 31  With respect to those commodities or services prohibited by
laws and administrative regulations to be produced and manufactured, marketed
or provided, and with respect to the commodities or services prohibited to be
advertised, advertisements may not be designed, produced and published.

    Article 32  No outdoor advertisement may be erected or placed under any of
the following circumstances:

    1. using traffic safety facilities or traffic signs and marks;

    2. affecting or interrupting the use of public utility facilities, traffic
safety facilities or traffic signs and marks;

    3. hindering the production or people’s living or damaging the appearance
or environment of cities;

    4. within the construction control areas of state organs, cultural relics
protection units or scenic sites; and

    5. within the areas prohibited to erect or place outdoor advertisements by
the people’s governments at or above the county level.

    Article 33  The people’s governments at or above the county level are, by
organizing relevant departments such as advertising supervision and control,
urban construction, environmental protection and public security, to work out
planning and measures for the control of erecting and placing outdoor
advertisements.
Chapter IV  Advertisement Examination

    Article 34  With respect to advertisements for such commodities as
pharmaceuticals, medical apparatus and instruments, agricultural chemicals or
veterinary drugs, which are published by means of radio, cinema pictures,
television, newspaper, magazine, periodical and other media, and other
advertisements which, as provided by laws and administrative regulations,
shall be subject to examination, the relevant administrative departments
(hereinafter referred to as the advertisement examination organ) must examine
and inspect, prior to their issuance, the contents of the advertisements in
accordance with the relevant laws and administrative regulations; any such
advertisement which is not examined and approved may not be published.

    Article 35  An advertiser shall, when applying for advertisement
examination, submit relevant documentation to the advertisement examination
organ according to laws and administrative regulations. The advertisement
examination organ shall, pursuant to laws and administrative regulations, make
an examination decision.

    Article 36  No unit or individual may counterfeit, alter and transfer the
document of advertisement examination decision.
Chapter V  Legal Responsibility

    Article 37  Where, in violation of the provisions of this Law, false and
deceiving publicity on commodity or service is made by using an advertisement,
the advertising supervision and control organ shall order the advertiser to
stop publishing the advertisement and to use the same amount of its
advertising expenses to make open correction and to clear up influence within
the same area, and impose the advertiser a fine of more than the amount of its
advertising charges and less than five times the amount of its advertising
charges; confiscate the advertising charges of the advertising operator
responsible and advertisement publisher responsible and impose them a line of
more than the amount of the advertising charges and less than five times the
amount of the advertising charges; and if the case is serious, prevent them,
according to law, from the advertising businesses. Where the act constitutes
a crime, criminal responsibility shall be investigated according to law.

    Article 38  Where, in violation of the provisions of this Law, publishing
of a false and deceiving advertisement cheats and misguides consumers, and
thus causes infringement and damage to the lawful rights and interests of
consumers who buy the commodity or accept the service, the advertiser shall
bear civil responsibility according to law, the advertising operator and
advertisement publisher, who know or are to know that the advertisement is
untrue to facts but continue to design, produce and publish it, shall bear
joint responsibility according to law.

    The advertising operator or advertisement publisher, who fails to provide
the real name and address of the advertiser, shall bear complete civil
responsibility.

    A social organization or other organizations, which recommends commodity
or service to consumers in a false and deceiving advertisement and
consequently causes infringement and damage to the lawful rights and interests
of consumers, shall bear joint responsibility.

    Article 39  Where publishing of an advertisement violates the provisions
of Article 7, Paragraph 2 of this Law, the advertising supervision and control
organ shall order the advertiser, advertising operator and advertisement
publisher, which are responsible to the advertisement, to stop publishing the
advertisement and to make open corrections, confiscate their advertising
charges, and impose a fine of more than the amount of the advertising charges
and less than five times the amount of the advertising charges; and if the
case is serious, prevent them, according to law, from the advertising
businesses. Where the act constitutes a crime, criminal responsibility shall
be investigated according to law.

    Article 40  Where publishing of an advertisement violates the provisions
of Article 9 to Article 12 of this Law, the advertising supervision and
control organ shall order the advertiser, advertising operator and
advertisement publisher, which are responsible to the advertisement, to stop
publishing the advertisement and to make open corrections, confiscate their
advertising charges, and may impose a fine of more than the amount of the
advertising charges and less than five times the amount of the advertising
charges.

    Where publishing of an advertisement violates the provisions of Article 13
of this Law, the advertising supervision and control organ shall order the
advertisement publisher to make correction, and impose a fine of more than
1,000 yuan and less than 10,000 yuan.

    Article 41  Where, in violation of the provisions of Article 14 to Article
17 and Article 19 of this Law, an advertisement for pharmaceuticals, medical
apparatus and instruments, agricultural chemicals, foods, alcoholic drinks or
cosmetics is published, or, in violation of the provisions of Article 31 of
this Law, an advertisement is published, the advertising supervision and
control organ shall order the advertiser, advertising operator and
advertisement publisher, which are responsible to the advertisement, to make
corrections or to stop publishing the advertisement, confiscate their
advertising charges, and may also impose a fine of more than the amount of the
advertising charges and less than five times the amount of the advertising
charges; and if the case is serious, prevent them, according to law, from the
advertising businesses.

    Article 42  Where, in violation of the provisions of Article 18 of this
Law, an advertisement for tobacco is published by means of radio, cinema
pictures, television, newspaper, magazine or periodical, or an advertisement
for tobacco is erected and placed in the public places and sites, the
advertising supervision and control organ shall order the advertiser,
advertising operator and advertisement publisher, which are responsible to the
advertisement, to stop publishing the advertisement, confiscate their
advertising charges, and may impose a fine of more than the amount of the
advertising charges and less than five times the amount of the advertising
charges.

    Article 43  Where, in violation of the provisions of Article 34 of this
Law, publishing of an advertisement without examination and approval from the
advertisement examination organ, the advertising supervision and control organ
shall order the advertiser, advertising operator and advertisement publisher,
which are responsible to the advertisement, to stop publishing the
advertisement, confiscate their advertising charges, and impose a fine of more
than the amount of the advertising charges and less than five times the amount
of the advertising charges.

    Article 44  Where an advertiser furnishes false and deceiving
documentation, the advertising supervision and control organ shall impose a
fine of more than 10,000 yuan and less than 100,000 yuan.

    Where anyone counterfeits, alters or transfers documents of an
advertisement examination decision, the advertising supervision and control
organ shall confiscate its illegal gains and impose a fine of more than 10,000
yuan and less than 100,000 yuan. Where the act constitutes a crime, criminal
responsibility shall be investigated according to law.

    Article 45  Where an advertisement examination organ has made an
examination and approval decision for illegal content of an advertisement, the
person directly in charge and other persons directly responsible shall be
subject to administrative penalties imposed by their units, superior organs or
administrative supervisory departments according to law.

    Article 46  Any person of an advertising supervision and control organ or
advertisement examination organ, who neglects his or her duty, abuses his or
her power of office or practises favouritism or other irregularities, shall be
subject to administrative penalties. Where his or her act constitutes a crime,
criminal responsibility shall be investigated according to law.

    Article 47  An advertiser, advertising operator or advertisement
publisher, who, in violation of the provisions of this Law, commits any of the
following right-infringing acts, shall bear civil responsibility according to
law.

    1. impairing in advertising the physical and mental health of the minors
or the disabled;

    2. palming off as a patent of others;

    3. belittling commodities or services of other producers and manufacturers
or operators;

    4. using the names and images of others without consent in advertising; or

    5. other infringements of the lawful civil rights and interests of others.

    Article 48  A party concerned which disagrees with an administrative
penalty decision may, within fifteen days from the date of receiving notice of
the penalty decision, apply for a reconsideration to the next higher organ of
the organ which makes the administrative penalty decision; the party may,
within fifteen days from the date of receiving notice of the penalty decision,
also directly file a suit in a people’s court.

    The reconsideration organ shall, within sixty days from the date of
receiving the application for reconsideration, make a reconsideration
decision. A party concerned which disagrees with the reconsideration decision
may, within fifteen days from the date of receiving the reconsideration
decision, file a suit in a people’s court. lf the reconsideration organ fails
to make a reconsideration decision within the time limit for reconsideration,
the party concerned may, within fifteen days from the expiration of the
reconsideration, file a suit in a people’s court.

    In the event of a party concerned failing both to apply for a
reconsideration or to file a suit in a people’s court within the time limit,
and to comply with a penalty decision, the organ which makes the penalty
decision may apply to a people’s court for enforcement.
Chapter VI  Supplementary Provisions

    Article 49  This Law shall come into force as of February 1, 1995. lf any
content related to advertising in other laws and regulations formulated prior
to the implementation of this Law is inconsistent with this Law, this Law
shall prevail.






PRISON LAW

Prison Law of the People’s Republic of China






(Adopted at the 11th Meeting of the Standing Committee of the Eighth National People’s Congress on December 29, 1994
and promulgated by Order No.35 of the President of the People’s Republic of China on December 29, 1994) 

Contents 

Chapter I    General Provisions 

Chapter II   Prison 

Chapter III  Execution of Criminal Punishments 

  Section 1  Putting in Prison 

  Section 2  Handling of Petitions, Complaints and Accusations Made by Prisoners 

  Section 3  Execution Outside Prison 

  Section 4  Commutation of Punishment and Release on Parole 

  Section 5  Release and Resettlement 

Chapter IV   Prison Administration  

  Section 1  Separate Custody and Separate Control 

  Section 2  Guard 

  Section 3  Use of Restraint Implements and Weapons 

  Section 4  Correspondence and Meeting with Visitors 

  Section 5  Life and Health 

  Section 6  Rewards and Punishments 

  Section 7  Handling of Crimes Committed by Prisoners During the Term of Imprisonment 

Chapter V    Education and Reform of Prisoners 

Chapter VI   Education and Reform of Juvenile Delinquents 

Chapter VII  Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  This Law is formulated in accordance with the Constitution for the purpose of correctly executing criminal punishments,
punishing and reforming prisoners, preventing and reducing crimes. 

Article 2  A prison is an organ of the State for executing criminal punishments.  

Criminal punishments of prisoners sentenced to death penalty with a two-year suspension of execution, life imprisonment, or fixed-term
imprisonment shall be executed in prisons under the Criminal Law and the Criminal Procedure Law. 

Article 3  A prison shall, with regard to prisoners, implement the principle of combining punishment with reform and combining
education with labour, in order to transform them into law-abiding citizens. 

Article 4  A prison shall exercise supervision and control over prisoners according to law, and shall, in accordance with the
needs of reforming prisoners, organize prisoners to engage in productive labour and conduct ideological, cultural and technical education
among prisoners. 

Article 5  Activities in prison administration, execution of criminal punishments, and  education and reform of prisoners
conducted according to law by the people’s police of a prison shall be protected by law. 

Article 6  A people’s procuratorate shall exercise supervision in  accordance with the law over the legality of activities
conducted by prisons in execution of criminal punishments. 

Article 7  Human dignity of a prisoner shall not be humiliated, and his personal safety, lawful properties, and rights to defence,
petition, complaint and accusation as well as other rights which have not been deprived of or restricted according to law shall not
be violated. 

A prisoner must strictly observe laws, regulations, and  rules and discipline of the prison, subject himself to control, accept
education and take part in labour. 

Article 8  The State shall ensure the expenditures of a prison for the reform of prisoners. The prisons’ expenditures for the
people’s police,   for the reform of prisoners, for the living expenses of prisoners, for the administration and installations
of the prison, and other special expenses shall be included into the State budget. 

The State shall provide production facilities and production expenses necessary for prisoners to do labour. 

Article 9  Lands, mineral resources and other natural resources used by a prison according to law as well as properties of a
prison shall be protected by law; no organizations or individuals shall seize or undermine them. 

Article 10  The department of judicial administration under the State Council shall be in charge of the work of prisons in the
whole country. 

 

 

Chapter II 

Prison Article 11  The establishment, abolition or move of a prison shall be subject to the approval of the department of judicial
administration under the State Council. 

Article 12  A prison shall install one warden, several deputy wardens, and, in light of the actual needs, set up necessary working
organs and provide other administrative personnel. 

The administrative personnel in a prison are the people’s police. 

Article 13  The people’s police of a prison shall strictly abide by the Constitution and the law, be loyal to their duties,
enforce the law impartially, strictly observe discipline and be honest and upright. 

Article 14  The people’s police of a prison shall not commit any of the following acts: 

     (1) to demand, accept or seize money or goods from prisoners or their relatives; 

(2) to release a prisoner without authorization or through dereliction of duty to cause a prisoner to flee from the prison ; 

(3) to use torture to coerce a confession, or to use corporal punishment, or to maltreat a prisoner; 

(4) to humiliate the human dignity of a prisoner; 

(5) to beat or connive at others to beat a prisoner; 

(6) to utilize a prisoner to provide labour services for personal gains; 

(7) to privately deliver a letter or an article for a prisoner in violation of regulations; 

(8) to illegally surrender the functions and powers to supervise and control prisoners to another person; or 

(9) other law-breaking acts. 

If the people’s police of a prison commit any act specified in the preceding paragraph and the case constitutes a crime, the offenders
shall be investigated for criminal responsibility; if the case does not constitute a crime, the offenders shall be given administrative
sanctions. 

Chapter III 

Execution of Criminal Punishments 

Section 1 

Putting in Prison 

Article 15  With respect to a criminal who is sentenced to death penalty with a two-year suspension of execution, life imprisonment
or fixed-term imprisonment, the people’s court shall serve the notice of execution of the sentence and the written judgment on the
public security organ where the criminal is in custody. The public security organ shall hand the criminals over to a prison for execution
of the punishment within one month from the date of receiving the notice of execution of the sentence and the written judgment. 

Before a criminal is handed over for execution of the criminal punishment, if the remaining term of his sentence   is not
more than one year, the criminal punishment shall be executed by the detention house instead. 

Article 16  A people’s court shall, in handing over  a criminal for  execution of the criminal punishment, serve on
the prison a copy of the bill of prosecution from the people’s procuratorate together with the written judgment, the notice of 
execution and the registration form of closing the  case from the people’s court. The prison shall not put the criminal in prison
without receiving the above-mentioned documents; if such documents are incomplete or have errors in the records, the people’s court
which passed the effective judgment shall, without delay, make them complete or correct; if any of the above-mentioned circumstances
may lead to wrongful imprisonment of a person, the prison shall not accept him. 

 

     Article 17 A prison shall give physical examination to the criminals who are handed over for execution of their
criminal punishments. A criminal sentenced to life imprisonment or fixed-term imprisonment may, after physical examination, temporarily
not be put in prison under either of the following circumstances: 

(1) if a criminal is seriously ill and needs to be released on parole for medical treatment; or 

(2) if a criminal is a pregnant woman or a woman who is breast-feeding her own baby. 

With respect to a criminal temporarily not to be put in prison as provided in the preceding paragraph, the decision on temporary
execution outside prison shall be made by the people’s court which handed the criminal over for the execution. With respect to any
such criminal whose temporary execution of the sentence outside prison constitutes a danger to the society, he shall be put in prison.
If a criminal temporarily serves his sentence outside prison, the public security organ in the place of the criminal’s residence
shall execute the criminal punishment. After the circumstances specified in the preceding paragraph under which a criminal is temporarily
not put in prison disappeared, the criminal who has not completed the execution of his original term of sentence shall be handed
over to a prison for imprisonment by the public security organ. 

Article 18  When a criminal is put in prison, his or her body and the articles brought with him or her shall strictly be checked.
The non-daily necessities shall be taken care of by the prison for the criminal or with the agreement of the criminal be returned
to his or her families, and contraband goods shall be confiscated. 

A female criminal shall be checked by a people’s policewoman. 

Article 19  A criminal may not bring his or her child with him or her to serve sentence in prison. 

Article 20  After a criminal is put in prison, the prison shall inform the criminal’s family members. A written notice shall
be sent out within five days from the date when the criminal is put in prison. 

Section 2 

Handling of Petitions, Complaints and 

Accusations Made by Prisoners 

Article 21  If a prisoner is not satisfied with the effective judgment, he may file a petition. 

     A people’s procuratorate or a people’s court shall without delay handle the petitions filed by prisoners. 

Article 22  A prison shall without delay handle the complaints or accusations made by prisoners, or transfer the above material
to a public security organ or a people’s procuratorate for handling. The public security organ or the people’s procuratorate shall
inform the prison of the result of its handling. 

Article 23  A prison shall transfer without delay the petitions, complaints and accusations made by prisoners and shall not
withhold them. 

Article 24  In the course of execution of the criminal punishment, if a prison believes on the basis of a prisoner’s petition
that the judgment may be wrongfully made, it shall refer the matter to a people’s procuratorate or a people’s court for handling.
The people’s procuratorate or the people’s court shall notify the prison of the result of its handling within six months from the
date of receiving the prison’s written recommendation for handling. 

Section 3 

Execution Outside Prison 

Article 25  If a prisoner sentenced to life imprisonment or fixed-term imprisonment serving his sentence in prison complies
with the conditions for execution outside prison as provided by the Criminal Procedure Law, he may be permitted to temporarily serve
his sentence outside prison. 

Article 26  For temporary execution outside prison, a written recommendation shall be made by a prison and submitted for approval
to the administrative organ of prisons of the province, autonomous region or municipality directly under the Central Government.
The organ granting the approval shall notify the public security organ and the people’s court making the original judgment of the
decision on the approval of the temporary execution outside prison, and send a duplicate of its decision to the people’s procuratorate. 

If a people’s procuratorate considers that it is improper to apply  temporary execution outside prison to the prisoner, the
people’s procuratorate shall send its written opinions within one month from the date of receiving the notice to the organ that approved
the temporary execution outside prison. The said organ shall, upon receiving the written opinions from the people’s procuratorate,
conduct forthwith reexamination and re-verification of its decision. 

Article 27  If a prisoner temporarily serves his sentence outside prison, the public security organ in the place of the prisoner’s
residence shall execute his sentence. The prison that originally held the prisoner in custody shall promptly inform such public security
organ of the prisoner’s performances of reform in prison. 

Article 28  After the circumstances causing temporary execution outside prison disappeared, if the prisoner has not completed
his term of sentence, the public security organ in charge of the execution shall without delay inform the prison to put the prisoner
back into prison; if a prisoner has completed his term of sentence, the prison that originally held the prisoner in custody shall
handle the formalities for the release. If a prisoner died during the period of temporary execution outside prison, the public security
organ shall, without delay, inform the prison that originally held the prisoner in custody about the death. 

Section 4 

Commutation of Punishment and Release on Parole 

Article 29  If a prisoner sentenced to life imprisonment or fixed-term imprisonment has shown true repentance or rendered meritorious
service during the term of imprisonment, his sentence may be commuted on the basis of the result of the assessment made by the prison.
If a prisoner has rendered one of the following major meritorious services, his sentence shall be commuted: 

(1) having stopped a grave criminal activity of another person; 

(2) having reported a grave criminal activity inside or outside prison which has been ascertained to be true; 

(3) having made an invention or a major technical innovation; 

(4) having risked his or her life to save others in daily production or life; 

(5) having made remarkable performances in fighting against natural calamities or in avoiding or removing grave accidents; or 

(6) having made other major contributions to the State or the society. 

Article 30  A recommendation for  commutation of a sentence shall be made by a prison to a people’s court. The people’s
court shall within one month from the date of receiving the written recommendation examine it and make a ruling thereon; if the case
is complicated or the circumstances are special, the said period may be extended by one month. A duplicate of the ruling on commutation
of a sentence shall be sent to the people’s procuratorate. 

Article 31  Where a prisoner sentenced to death penalty with a two-year suspension of execution conforms with the conditions
for commutation to life imprisonment or fixed-term imprisonment as provided by the law during the period of suspension of execution
of his death penalty, the prison holding the prisoner in custody shall make a timely recommendation for  commutation upon 
expiration of the two-year suspension of execution and report it first to the administrative organ of prisons of the province, autonomous
region or the municipality directly under the Central Government for examination and verification, and then submit the matter to
the higher people’s court for a ruling. 

Article 32  Where a prisoner sentenced to life imprisonment or fixed-term imprisonment conforms to the conditions for release
on parole as provided by the law, the prison shall, on the basis of the result of its assessment, make a recommendation for release
on parole to the people’s court. The people’s court shall, within one month from the date of receiving the written recommendation,
examine it and make a ruling thereon; if the case is complicated or the circumstances are special, the said period may be extended
by one month. A duplicate of the ruling on parole shall be sent to the people’s procuratorate. 

Article 33 Where a people’s court has made a ruling on parole, the prison shall parole the prisoner as scheduled and issue him a
certificate of parole. 

A parolee shall be supervised by a public security organ. Where a parolee during the period of parole commits any acts in violation
of laws, administrative rules and regulations or the regulations of the public security department under the State Council on the
supervision and control of parolees, if such acts do not constitute a new crime, the public security organ may make a written recommendation
for the cancellation of parole to the people’s court. The people’s court shall within one month from the date of receiving 
the written recommendation examine it and make a ruling thereon. Where the people’s court has ruled to cancel the parole, the parolee
shall be handed over to the prison for custody by the public security organ. 

Article 34  If a prisoner does not satisfy the conditions for commutation or parole as provided by the law, the prisoner shall
not be commuted or paroled on any ground. 

     If a people’s procuratorate considers that a ruling on commutation or parole made by a people’s court is improper,
it may lodge a protest within the time limit specified by the Criminal Procedure Law. With respect to the case protested by the people’s
procuratorate, the people’s court shall try it anew. 

 

Section 5 

Release and Resettlement 

Article 35  If a prisoner has completed  service of his sentence, the prison shall release him as scheduled and issue him
a certificate of release. 

Article 36  After a prisoner is released, the public security organ shall make residence registration for him on the strength
of his certificate of release. 

Article 37  With respect to a person released after serving his sentence, the local people’s government shall assist him in
resettling down. 

If a person released after serving his sentence has lost his ability to do labour, and has no statutory supporters or basic source
of income, the local people’s government shall offer him relief. 

Article 38  A person released after serving his sentence  shall enjoy equal rights with other citizens in accordance with
the law. 

Chapter IV 

Prison  Administration 

Section 1 

Separate Custody and Separate Control 

 

Article 39  A prison shall practise separate custody and separate control with respect to male adult prisoners, female adult
prisoners and juvenile delinquents. In respect of  the reform of juvenile delinquents and female prisoners, special consideration
shall be given to their physiological and psychological characteristics. 

A prison shall, with respect to prisoners, carry out separate custody and varied control on the basis of their types of crimes and
punishments, terms of sentences and performances of reform. 

Article 40  Female prisoners shall be under the direct control of  people’s policewomen. 

Section 2 

Guard 

Article 41  The people’s armed police forces shall be in charge of the armed guard of prisons. The specific measures shall be
prescribed by the State Council and the Central Military Commission. 

Article 42  If a prison discovers that a prisoner in custody has escaped, the prison shall capture him as soon as possible.
If the prison can not immediately capture the escaped prisoner, it shall notify the public security organ without delay. The public
security organ shall be responsible for the pursuit and capture of the escaped prisoner, and the prison shall closely coordinate
with the public security organ. 

Article 43  A prison shall set up guard installations in accordance with the needs of supervision and control. The guard segregation
zone around a prison shall be delimited. No one shall, without permission, enter into such zone. 

Article 44  State organs, public organizations, enterprises, institutions and grass-roots organizations in the neighbourhood
of a prison or its operation areas shall assist the prison  in its security work.  

Section 3 

Use of Restraint Implements and Weapons 

Article 45  Under any of the following circumstances, a prison may use restraint implements: 

(1) if a prisoner commits any acts of escape; 

(2) if a prisoner commits any acts of violence; 

(3) if a prisoner is on the way of escort; or 

(4) if a prisoner commits other dangerous acts against which it is necessary to take precautions. 

After the circumstances specified in the preceding paragraph disappeared, restraint implements shall not be used. 

Article 46  Personnel on duty of the people’s police or the people’s armed police forces may, under any of the following circumstances,
which can not be checked without the use of weapons,  use weapons in accordance with the relevant regulations of the State: 

(1) if any prisoner is assembling a crowd to make a riot or rebellion;  

(2) if any prisoner is escaping or resisting arrest; 

(3) if any prisoner is committing physical assault or destruction with a lethal weapon or other dangerous articles to endanger the
safety of another person’s life or property; 

(4) if any prisoner is being seized and rescued by force; or 

(5) if any prisoner is seizing a weapon by force. 

Personnel who have used weapons shall report the situations in accordance with the relevant regulations of the State. 

Section 4 

Correspondence and Meeting with Visitors 

Article 47  A  prisoner may, during the service of his sentence, correspond with others, but their correspondence shall
be examined by the prison. If the prison discovers that the contents of a letter present a hindrance to the reform of the prisoner,
the prison may detain the letter. Letters from a prisoner to the higher authorities of the prison or to the judicial organs shall
be free from examination. 

Article 48  A prisoner may, in accordance with the relevant regulations, meet with his relatives and guardians during the service
of his sentence. 

Article 49  Goods or money to be received by a prisoner shall be subject to 

the approval and examination of the prison. 

Section 5 

Life and Health Article 50  The living standard of prisoners shall be measured by the quantity of material objects, and it shall
be set by the State. 

Article 51  The beddings and clothing of prisoners shall be uniformly rationed and provided by the prison. 

Article 52  Considerations shall be given to the special habits and customs of prisoners of  minority ethnic groups.  

Article 53  Wards of a prison shall be firm, ventilated, possible for the natural light to come in, clean and warm. 

Article 54  A prison shall set up medical organs and living and sanitary facilities, and institute regulations on the life and
sanitation of prisoners. Medical and health care of prisoners shall be put into the public health and epidemic prevention programme
of the area in which the prison is located. 

Article 55  If a prisoner dies during imprisonment, the prison shall immediately inform the prisoner’s family members, the people’s
procuratorate and the people’s court. If a prisoner dies from a disease, the prison shall make a medical appraisal. If the people’s
procuratorate suspects the prison’s medical appraisal, it may make an appraisal anew on the cause of the death. If the family members
of the prisoner suspect the prison’s medical appraisal, they may raise their suspicion to the people’s procuratorate. If a prisoner
dies an abnormal death, the people’s procuratorate shall immediately conduct examinations and make an appraisal on the cause of the
death. 

Section 6 

Rewards and Punishments 

Article 56  A prison shall establish a routine check-up system for prisoners. The result of such check-ups shall be taken as
the basis for awarding or punishing prisoners. 

Article 57  If a prisoner is under one of the following circumstances, the prison may commend or award him, or record a merit
for him: 

(1) if a prisoner observes the rules and discipline of the prison, studies hard, takes an active part in labour and shows admission
of guilt and acceptance of the judgement; 

(2) if a prisoner has stopped any law-breaking or criminal activities; 

(3) if a prisoner has overfulfilled his production task; 

(4) if a prisoner has made achievements in saving on raw materials or caring for public property; 

(5) if a prisoner has achieved certain success in technical renovation or passing on his production skill; 

(6) if a prisoner has made contributions in preventing or removing a disastrous accident; or 

(7) if a prisoner has made other contributions to the State and the society. 

Where a prisoner sentenced to fixed-term imprisonment is under one of the circumstances specified in the preceding paragraph, if
he has served more than a half of the original term of his sentence, and has always shown good performances during imprisonment and
if his leaving from the prison will no longer endanger the society, the prison may, in light of the circumstances, permit him to
leave the prison for the purpose of visiting his family members or relatives. 

Article 58   If a prisoner has committed one of the following acts obstructing the order of supervision and control, the
prison may give him a warning, demerit-recording or solitary confinement: 

(1) assembling a crowd to make a stir  and to disturb the order of the prison; 

(2)  abusing or beating  the people’s police; 

(3) bullying other prisoners; 

(4) stealing,  gambling,  coming to blows, or stirring up fights and causing troubles; 

(5) refusing to do labour though he has the ability to work or being slack in work and refusing to mend his ways even after education; 

(6) escaping from doing labour by means of self-injury or self-mutilation; 

(7) intentionally violating the operation rules  in productive labour or intentionally destroying tools of production; or 

(8) other acts  violating  the rules and discipline of the prison. 

The term of solitary confinement imposed on a prisoner as stipulated by the preceding paragraph shall be from seven to fifteen days. 

If a prisoner has committed an act specified in the first paragraph during the service of his sentence, and if the case constitutes
a crime, he shall be investigated for criminal responsibility according to law. 

Section 7 

Handling of Crimes Committed by Prisoners 

During the Term of Imprisonment 

Article 59  If a prisoner intentionally commits a crime during the service of his sentence, he shall be given a heavier punishment
according to law. 

Article 60  A criminal case committed by a prisoner in the prison shall be investigated by the prison. On the conclusion of
the investigation, a recommendation for prosecution or a recommendation for exemption from prosecution written by the prison together
with the case file and the evidence shall be handed over to a people’s procuratorate . 

Chapter V 

Education and Reform of Prisoners 

Article 61  In the education and reform of prisoners, the principle of suiting education to different persons and cases and
persuading prisoners through reasoning shall be implemented and the method of combining collective education with individual education
and combining education by the prison with education by the society adopted. 

Article 62  A prison shall carry out ideological education among prisoners in legality, morality, current situations, policies
and outlook on their futures. 

Article 63  A prison shall, in light of different conditions of prisoners, carry out literacy education, primary education and
junior secondary education. If a prisoner has passed due examinations, the educational department shall issue him the corresponding
certificate of education. 

Article 64  A prison shall carry out occupational and technical education among prisoners in accordance with the needs of production
in the prison and of employment after their release. If a prisoner has passed due examination and verification, the labour department
shall issue him the corresponding certificate of technical grade. 

Article 65  A prison shall encourage prisoners to study on their own. If a prisoner has passed due examinations, the relevant
department shall issue him the corresponding certificate. 

Article 66  The cultural, occupational and technical education of prisoners  shall be included into the educational plan
of the area where the prison is located. A prison shall have necessary educational facilities such as class-rooms and reading-rooms. 

Article 67  A prison shall organize prisoners to conduct proper sport activities and cultural recreations. 

Article 68  State organs, public organizations, units of armed forces, enterprises, institutions, personage of various circles
and family members or relatives of prisoners shall assist prisons in doing a good job in the education and reform of prisoners. 

Article 69  An able-bodied prisoner must do labour. 

Article 70  A prison shall, in the light of the individual conditions of prisoners, rationally organize them to do labour so
as to correct their bad habits, to cultivate their habits of working, to acquire production skills and to create conditions for 
employment after their release. 

Article 71  With regard to the working hours of prisoners, a prison shall make reference to the State’s relevant regulations
on working hours; under special circumstances such as seasonal pro

RULES FOR IMPLEMENTATION OF THE STATE SECURITY LAW

Category  STATE SECURITY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1994-06-04 Effective Date  1994-06-04  


Rules for Implementation of the State Security Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Functions and Powers of the State Security
Chapter III  Duties and Rights of Citizens and
Chapter IV  Legal Liability
Chapter V  Supplementary Provisions

(Adopted at the 19th Executive Meeting of the

State Council on May 10, 1994, promulgated by
Decree No.157 of the State Council of the People’s
Republic of China on June 4, 1994, and effective as
of the date of promulgation)
Contents

    Chapter I    General Provisions

    Chapter II   Functions and Powers of the State Security

                 Organs in the Work of State Security

    Chapter III  Duties and Rights of Citizens and Organizations

                 in Safeguarding State Security

    Chapter IV   Legal Liability

    Chapter V    Supplementary Provisions
Chapter I  General Provisions

    Article 1  These Rules are formulated in
accordance with the State Security Law of the
People’s Republic of China (hereinafter referred
to as the State Security Law).

    Article 2  The State security organs shall
be in charge of the implementation of these Rules.

    When the public security organs carry out
tasks for State security in accordance with the
provisions of Paragraph 2 , Article 2 of the State
Security Law , the relevant provisions of these
Rules shall apply.

    Article 3  The “institutions or organizations
outside the territory” as referred to in the State
Security Law shall include the branches
(representatives) established within the territory
of the People’s Republic of China by the institutions
or organizations outside the territory;

    The “individuals outside the territory” shall
include those persons who reside in the People’s
Republic of China but without the nationality of
the People’s Republic of China.

    Article 4  The “espionage organization’s agent”
as referred to in the State Security Law means a
person instigated, entrusted or financed by an
espionage organization or by its member to commit,
or incite and instigate other persons to commit,
acts endangering the State security of the People’s
Republic of China.

    The Ministry of State Security of the People’s
Republic of China (hereinafter referred to as the
Ministry of State Security) shall be in charge
of the identification of the espionage organizations
and their agents.

    Article 5  The “hostile organization” as referred
to in the State Security Law means an organization
which is hostile to the State power of the people’s
democratic dictatorship and socialist system of the
People’s Republic of China and endangers the State
security.

    The Ministry of State Security or the Ministry
of Public Security of the People’s Republic of China
shall be in charge of the identification of the
hostile organizations.

    Article 6  Giving “financial support” for acts
endangering the State security as referred to in
Article 4 of the State Security Law means the
following acts committed by institutions,
organizations or individuals outside the territory:

    (1) Providing funds, sites or materials to
organizations or individuals within the territory
who are engaged in acts endangering the State Security;

    (2) Providing funds, sites or materials to
organizations or individuals within the territory
for use in committing acts endangering the State security.

    Article 7  Being “in collusion with…” in committing
acts endangering the State security as referred to in
Article 4 of the State Security Law means the following
acts committed by organizations or individuals within
the territory:

    (1) Plotting or committing acts endangering the State
security jointly with institutions, organizations or
individuals outside the territory;

    (2) Accepting financial support or instigation from
institutions, organizations or individuals outside the
territory for committing acts endangering the State security;

    (3) Establishing contacts with and obtaining support
and assistance from institutions, organizations or
individuals outside the territory for committing acts
endangering the State Security.

    Article 8  The following shall fall into “other sabotage
acts endangering the State security” as referred to in
Article 4 of the State Security Law:

    (1) Organizing, plotting or committing terrorist acts
endangering the State security;

    (2) Committing acts endangering the State security by
fabricating or distorting facts, or publishing and spreading
writings and opinions, or manufacturing and distributing
audio and video products;

    (3) Committing acts endangering the State security
through setting up social organizations or enterprises or
institutional organizations;

    (4) Committing acts endangering the State security by
making use of religion;

    (5) Committing acts endangering the State security by
fomenting disputes among ethnic groups or inciting national
separatism;

    (6) Any person outside the territory who, in violation
of relevant regulations and without paying heed to dissuasion,
willfully meets with any person within the territory having
committed acts endangering the State security or being strongly
suspected of doing so.
Chapter II  Functions and Powers of the State Security
Organs in the Work of State Security

    Article 9  The Ministry of State Security may decide not
to allow any person outside the territory, who is regarded
as likely to commit acts endangering the State security of
the People’s Republic of China after entering the territory,
to enter the territory for a certain period of time.

    Article 10  The State security organs may, in accordance
with the provisions of Article 6 of the State Security Law,
list as wanted and pursue and capture the criminals having
betrayed the country and endangering the State security.

    Article 11  The functionary of a State security organ
may, when carrying out according to law a task for State
security, inspect the articles brought by any unidentified
and suspicious person who could commit acts endangering
the State security.

    Article l2  The vehicles of the State security organs
may, when used to carry out an urgent task for State security,
be fitted out with a special pass symbol as well as a warning
lamp and an alarm.

    Article 13  The State security organs may, when finding
during inspection any electronic communication instruments
and appliances and other related equipment and installations
not in conformity with the requirements for safeguarding the
State security, order the organization or individual concerned,
according to the provisions of Article 11 of the State Security
Law, to subject all the above-mentioned to a technological
treatment; in case the organization or individual refuses or
is unable to undertake such a treatment, the State security
organs may seal them up for safekeeping or withhold them,
and handle them in accordance with the provisions of relevant
laws and administrative regulations.

    Article 14  The functionary of a State security organ shall
not be interfered unlawfully by any other organization or
individual in his or her acts to carry out according to law a
task for State Security.

    The functionary of a State security organ shall, when carrying
out according to law a task for State security, produce a
reconnaissance certificate issued by the Ministry of State
Security or other appropriate certificates.

    The State security organs and their functionaries shall,
in their work for State security, act strictly according to law,
and refrain from overstepping or abusing their powers and
infringing upon the lawful rights and interests of any
organization or person.
Chapter III  Duties and Rights of Citizens and
Organizations in Safeguarding State Security

    Article l5  Organs, organizations and other institutions
shall accept coordination and guidance from the State security
organs in their work to educate their personnel with regard
to the maintenance of State security, and mobilize and
organize them to prevent and check acts endangering the
State security.

    Article 16  Where any citizen finds an act endangering
the State security and reports it to his or her unit, the
latter shall timely report it to a state security organ or
a public security organ without delay.

    Article l7  Citizens and organizations providing support
and assistance for the State security work shall have the
right to ask the State security organs and public security
organs to take effective measures to prevent or check any
act infringing upon their lawful rights and interests.

    Article 18  The following shall fall into the
“significant contribution” as referred to in Article 5 of
the State Security Law:

    (1) Providing important clues to the State security
organs for finding and cracking of criminal cases seriously
endangering the State security;

    (2) Providing important information about circumstances
to the State security organs for preventing or checking the
occurrence of acts seriously endangering the State security;

    (3) Cooperating closely with the State security organs
in carrying out tasks for State security, and showing
outstanding merit in doing so;

    (4) Struggling against the criminals endangering the
State security in order to safeguard the State security,
and showing outstanding merit in doing so;

    (5) Having outstanding achievements in educating,
mobilizing and organizing the personnel of one’s own unit
to prevent or check the occurrence of acts endangering the
State security.

    Article l9  The expression “unlawfully hold any document,
material or other articles categorized as State secrets” as
referred to in Article 20 of the State Security Law means
the following:

    (1) A person who is not enpost_titled to know a certain State
secret is found to bring with him or her or store up any
document, material or other articles pertaining to that
State secret;

    (2) A person though enpost_titled to know a certain State
secret is found, without going through any necessary
formalities, to privately bring with him or her or store
up any document, material or other articles pertaining to
that State secret.

    Article 20  The term “special equipment or devices for
espionage activities” as referred to in Article 21 of the
State Security Law means the following equipment or devices
specially for espionage activities:

    (1) Hidden eavesdropping device or camera;

    (2) Burst transceiver, one-shot pad for cipher code,
or secret writing devices;

    (3) Electronic surveillance and intercepting devices
specially used for acquiring intelligence;

    (4) Other special espionage equipment or devices.

    The Ministry of State Security shall be in charge of
the identification of any special espionage equipment and
devices.
Chapter IV  Legal Liability

    Article 21  The State security organs may seal up,
withhold or freeze the instruments and other properties used
for committing acts endangering the State security, as well
as the funds, sites and materials as referred to in Article 6
of these Rules; the instruments and other properties thus
sealed up, withheld or frozen shall, upon different
circumstances, be either confiscated by the State security
organs or transferred to judicial organs for disposal
according to law.

    The properties confiscated by the State security organs
shall all be turned over to the State Treasury.

    The properties acquired through divulging State secrets
shall be treated in accordance with the provisions of
Article 34 of the Measures for Implementation of Law on
Guarding State Secrets of the People’s Republic of China.

    Article 22  Where an act endangering the State security
constitutes a crime, criminal responsibility shall be
investigated according to law; where the offence does not
constitute a crime, the offender shall be given
administrative sanctions by his or her unit or by the
competent department at a higher level; the State security
organs may also give him or her a warning or reprimand,
or order him or her to write a statement of repentance.

    Article 23  The following shall fall into the
“meritorious service” as referred to in Article 24 of the
State Security Law:

    (1) Exposing and charging against other criminals
endangering the State security, and the exposure and charge
prove true;

    (2) Providing important clues or evidences so that acts
endangering the State security are discovered and checked;

    (3) Giving assistance to the State security organs or
judicial organs to capture other criminals endangering the
State security;

    (4) Other acts of great help for the State security
organs to safeguard the State security.

    “Significant meritorious service” means a service
within the above-enumerated scopes that is of especially great
help to the State security work.

    Article 24  ln case there is evidence to show that a person
knows some others to have committed acts endangering the State
security, or after he or she is informed explicitly by the
State security organs that some others have committed acts
endangering the State security, he or she shall be punished
in accordance with the provisions of Article 26 of the State
Security Law if he or she refuses to provide relevant
circumstances and evidences at the request of the State
security organ when the latter is engaged in investigating
relevant circumstances and collecting relevant evidences.

    Article 25  Citizens and organizations have the duty,
according to law, to provide convenience or other assistance
to any State security organ that is carrying out according
to law tasks for State security; any person or organization
that refuses to provide such convenience or assistance and
thereby commits an offence of obstructing on purpose the
State security organ to carry out according to law tasks
for State security shall be punished in accordance with
the provisions of Paragraph 2, Article 27 of the State
Security Law.

    Article 26  Whoever obstructs on purpose the State
security organ to carry out according to law tasks for
State security and thereby causes personal injuries or
property damages or losses to the functionary of the State
security organ, shall be responsible for compensation
according to law, and shall also be punished by the
judicial organ or the State security organ in accordance
with the provisions of Paragraph 2, Article 27 of the State
Security Law.

    Article 27  Any functionary of the State security organ
who neglects his or her duty, engages in malpractice for
personal interest, unlawfully detains any person(s) or
extorts a confession by torture, if his or her acts
constitute a crime, shall be investigated for criminal
responsibility according to law.
Chapter V  Supplementary Provisions

    Article 28  These Rules shall enter into force as of
the date of promulgation.






PROVISIONS GOVERNING COMPENSATION FOR DAMAGE TO THE PASSENGER IN RAILWAY TRANSPORTATION

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In force
Date of Promulgation  1994-08-30 Effective Date  1994-09-01  


Provisions Governing Compensation for Damage to the Passenger in Railway Transportation



(Approved by the State Council on August 13, 1994 and promulgated by

Ministry of Railway on August 30, 1994)

    Article 1  These Provisions are enacted in accordance with Railway Law of
the People’s Republic of China and with a view to defining the liability for
damages paid by the railway transportation enterprise to the passenger, and to
guaranteeing the legitimate rights and interests of the passenger.

    Article 2  These Provisions shall apply to the compensation for the
casualty accident of passenger and the damage of personal luggage during the
period of railway passenger transportation within the territory of the
People’s Republic of China.

    The period of railway passenger transportation as referred to in aforesaid
paragraph is calculated from the moment when the passenger checks in and
enters into the railway station to the moment when the passenger arrives at
the destination and comes out of the railway station.

    Article 3  Passenger as referred to in these Provisions is a person who
takes the train with valid ticket, or a child who takes the train free of
charge in accordance with relevant provisions of railway authority of the
State Council.

    With the consent of the railway transportation enterprise, a person
supervising the goods aboard the train covered by a contract of railway
transportation of goods is regarded as a passenger.

    Article 4  Should the casualty accident of passenger and the damage of
personal luggage be due to force majeure or the passenger’s self-causation,
the railway transportation enterprise shall not be liable therefor.

    Article 5  Should the railway transportation enterprise be liable for
compensation under these Provisions, the limitation of damages for casualty
accident of the passenger: not exceeding 40000 RMB per passenger; the
limitation of damages for damage to personal luggage: not exceeding 800 RMB
per passenger.

    A higher limitation of damages than that of aforesaid paragraph may be
agreed upon a written contract between the railway transportation enterprise
and the passenger.

    Article 6  The compensation paid by the railway transportation enterprise
in accordance with these Provisions shall not affect the passenger to get the
payment of the insurance indemnity according to relevant provisions of the
state concerning forced insurance in accidental damage for railway passenger.

    Article 7  The compensation paid to foreigners, overseas Chinese,
compatriots from Hong kong, Macao and Taiwan may be converted into the
currency of the country or region concerned and the rate of exchange shall be
set by the exchange rate announced by the authorized bank of the People’s
Republic of China at the date on which the compensation is paid.

    Article 8  The claim for compensation against the railway transportation
enterprise shall be made by the passenger or his heir within one year counting
from the day on which the accident occured.

    The railway transportation enterprise shall reply to the claim for
compensation within 30 days counting from the claim is recieved.

    Article 9  In the event that a dispute with respect to the compensation
for damage arises between the passenger or his heir and the railway
transportation enterprise, they may bring a suit before the people’s court.

    Article 10  These Provisions shall come into force as of september 1, 1994.






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE QUESTION CONCERNING DELEGATING ANIMAL SLAUGHTER TAX ADMINISTRATION ON ENTERPRISES WITH FOREIGN INVESTMENT TO LOCALITIES

The State Administration of Taxation

Circular of the State Administration of Taxation on the Question Concerning Delegating Animal Slaughter Tax Administration on Enterprises
with Foreign Investment to Localities

March 29,1994

The tax bureaus of various provinces, autonomous regions and municipalities directly under the Central Government and the tax bureaus
of various municipalities separately listed on the State plan:

Recently various local tax departments inquired about the question as to how to levy animal slaughter tax on enterprises with foreign
investment and foreign enterprises. In line with the stipulations of the Circular of the State Council Concerning Cancellation of
Fair Trade Tax, Domestic Animal Trade Tax, Special Tax on Enterprises That use Petroleum As Their Principal Fuel, Bonus Tax and Wage
Regulatory Tax and Delegating the Administration of Animal Slaughter Tax and Banquet Tax to Localities, a document of the State Council
Coded Guo Fa [1994] No. 7. Slaughter tax has been placed under the management of local authorities, The Administration maintains:
After animal slaughter tax is placed under local management, the concrete methods for the levy of animal slaughter tax enacted by
various localities shall also be applied to enterprises with foreign investment and foreign enterprises.

 
The State Administration of Taxation
1994-03-29

 




CONSTITUTION ACT, 1982 – page 22

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