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The National People’s Congress
Order of the President of the People’s Republic of China
No.45
The Education Law of the People’s Republic of China which has been adopted at the third session of the eighth National People’s Congress
on March 18, 1995 is promulgated now, and shall enter into force as of September 1, 1995.
President of the People’s Republic of China Jiang Zemin
March 18, 1995
Education Law of the People’s Republic of China ContentsChapter I General Provisions
Chapter II Basic Educational System
Chapter III Schools and Other Educational Institutions
Chapter IV Teachers and Other Educational Workers
Chapter V Education Receivers
Chapter VI Education and the Society
Chapter VII Education Investment and Safeguards of Conditions
Chapter VIII External Exchange and Cooperation
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1
With a view to developing educational undertakings, improving the quality of the whole nationality, accelerating the construction
of the socialist material and spiritual civilization and in accordance with the Constitution of the People’s Republic of China, the
present Law is hereby formulated.
Article 2
The present Law shall be applicable to all kinds of education at all levels within the territory of the People’s Republic of China.
Article 3
In developing the socialist educational undertakings, the state shall uphold Marxism-Leninism, Mao Zedong Thought and the theories
of Constructing socialism with Chinese characteristics as directives and comply with the basic principles of the Constitution.
Article 4
With education being the foundation for construction of socialist modernization, the state shall give priority to the development
of educational undertakings.
The whole society shall pay attention and render support to the educational undertakings.
The whole society shall respect teachers.
Article 5
Education shall serve the construction of socialist modernization, be combined with production and labour and satisfy the needs of
training constructors and successors with all round development of morality, intelligence and physique for the socialist cause.
Article 6
The state shall conduct education among education receivers in patriotism, collectivism and socialism as well as in ideals, ethics,
discipline, legality, national defence and ethnic unity.
Article 7
Education shall be carried out in the spirit of inheriting and expanding the fine historical and cultural traditions of the Chinese
nation and assimilating all the fine achievements of the civilization progress of human beings.
Article 8
Education activities shall be in the benefit of public interests of the state and the society.
The state shall separate education from religion. Any organization or individual may not employ religion to obstruct activities of
the state education system.
Article 9
Citizens of the People’s Republic of China shall have the right and duty to be educated.
Citizens shall enjoy equal opportunity of education regardless of their nationality, race, sex, occupation, property or religious
belief etc.
Article 10
The state shall help all minority nationality regions develop educational undertakings in light of the characteristics and requirements
of different minority nationalities.
The state shall support the development of educational undertakings in remote border areas and poverty-stricken areas.
The state shall support the development of educational undertakings for disabled people.
Article 11
The state shall fit in with the needs of the development of socialist market economy and the social progress, accelerate educational
reform, promote the coordinated development of all kinds of education at all levels, establish and perfect the whole life education
system.
The state shall support, encourage and organize scientific research on education, spread the scientific research achievements on education
and improve the quality of education.
Article 12
The Chinese language, both oral and written, shall be the basic oral and written language for education in schools and other educational
institutions. Schools or other educational institutions which mainly consist of students from minority nationalities may use in education
the language of the respective nationality or the native language commonly adopted in that region.
Schools and other educational institutions shall in their educational activities popularize the nationally common spoken Chinese and
the standard written characters.
Article 13
The state shall offer awards to those organizations and individuals who have made distinguished contributions to the development of
educational undertakings.
Article 14
The State Council and all local people’s government at different levels shall supervise and manage the educational work according
to the principle of management by different levels and division of labour with individual responsibility.
Secondary and lower education shall be managed by the local people’s government under the leadership of the State Council.
Higher education shall be managed by the State Council and the people’s government of province, autonomous region or municipality
directly under the central government.
Article 15
The department of the State Council in charge of educational administration shall be responsible for the educational works of the
whole country, make overall plans and coordinate the management of educational undertakings of the whole country.
The departments in charge of educational administration under the local people’s government at and above the county level shall be
responsible for the educational works within the jurisdiction of the respective administrative region.
Other relevant departments of the people’s government at and above the county level shall be responsible for relevant educational
works within their terms of reference.
Article 16
The State Council and the local people’s government at and above the county level shall report to the people’s congress at the respective
level or its standing committee on educational works, budgets and financial accounts of educational expenditures and submit to their
supervision.
Chapter II Basic Educational System
Article 17
The state shall adopt a school education system including infant school education, primary education, secondary education and higher
education.
The state shall establish scientific school system. Regulations in regard to institution of schools and other educational institutions
within the school system, forms of education, length of schooling, admissions requirements and educational objectives shall be formulated
by the State Council or the departments in charge of educational administration so authorized by the State Council.
Article 18
The state shall adopt a nine-year compulsory education system.
The people’s government at different levels shall adopt every measure to ensure children and juveniles of school age to go to school.
Parents and guardians of children and juveniles of school age and relevant social organizations or individuals shall have the duty
to ensure that children and juveniles of school age complete the compulsory education of a prescribed length.
Article 19
The state shall adopt a vocational education system and an adult education system.
The people’s government at different levels, relevant administrative departments, enterprises and institutions shall adopt measures
to develop and ensure for citizens vocational school education or vocational training in various forms.
The state shall encourage the development of adult education in various forms and make sure that citizens receive proper forms of
education in politics, economy, culture, science, technology, profession and whole life education as well.
Article 20
The state shall adopt a national examination system of education.
The national educational examinations shall be categorized by the department in charge of educational administration under the State
Council and be conducted by institutions authorized by the state to organize examinations.
Article 21
The state shall adopt a schooling credentials system.
Schools and other educational institutions with the approval or consent of the state shall award schooling credentials or other schooling
certificates according to corresponding regulations of the state.
Article 22
The state shall adopt a academic degree system.
The units who confer academic degrees shall confer correspondent post_titles of academic degree upon people who have achieved certain academic
standards or professional standards of technology and award the correspond academic credentials.
Article 23
The people’s government at different levels, self-managed mass organizations at grass-roots level and organizations in enterprises
and institutions shall take every measure to develop education to eliminate illiteracy.
Citizens who according to the state statutes have the capacity to receive education intended for elimination of illiteracy shall receive
such education.
Article 24
The state shall adopt educational inspection system and educational assessment system for schools and other educational institutions.
Chapter III Schools and Other Educational Institutions
Article 25
The state shall formulate plans for educational development and institute schools and other educational institutions.
The state shall encourage enterprises, institutions, mass associations, other social organizations and private citizens to establish
schools and other educational institutions according to law.
Any organization or individual may not establish schools or other educational institutions for the purpose of making profit.
Article 26
The establishment of schools or other educational institutions shall be subject to the following requirements of availability:
(1)
organized institution and constitution;
(2)
qualified teachers;
(3)
teaching and learning rooms, facilities and equipment that meet the prescribed standards;
(4)
funds necessary for operation of the school and steady source of capital injection.
Article 27
The establishment, change or termination of a school or other educational institution shall go through procedures of examination,
approval, registration or record according to corresponding state stipulations.
Article 28
A school or other educational institution shall exercise following rights:
(1)
autonomous management according to constitution;
(2)
organizing and conducting educational activities:
(3)
recruiting students or other education receivers;
(4)
exercising school administration over education receivers and awarding prize or imposing punishment;
(5)
awarding corresponding schooling credentials upon education receivers;
(6)
employing teachers or other staff and awarding prizes or imposing punishments;
(7)
managing and using facilities and capitals of the own unit;
(8)
refusing to accept any illegal interference into the educational and teaching/learning activities by any organization or individual;
(9)
other rights as provided for by the law and regulations.
The state shall protect schools and other educational institutions from breach of their legitimate rights and interests.
Article 29
Schools and other educational institutions shall perform following duties:
(1)
obeying the law and regulations;
(2)
implementing the state directives on education, practising the state educational and teaching/learning standards and guaranteeing
the quality of teaching and learning;
(3)
safeguarding the legitimate rights and interests of the education receivers, teachers and other staffs;
(4)
providing convenience in a proper manner for education receivers and their guardians to be informed of the receivers’ school achievements
and other results;
(5)
charging fees according to relevant state prescriptions and making public the charges;
(6)
submitting to supervision according to law.
Article 30
Schools and other educational institutions sponsors shall decide on the management of schools and other educational institutions according
to concerned state regulations.
Headmasters or chiefs of schools and other educational institutions shall be those who are of the Chinese nationality, residing in
the territory of China and fit for the conditions prescribed by the state. Their appointment and removal shall be made according
to corresponding procedures provided for by the state. Headmasters of schools shall be held responsible for teaching/learning activities
and administration.
Schools and other educational institutions shall guarantee the participation of teachers and staffs in democratic management and supervision
through the organic form such as the teachers and staffs congress mainly consisting of teachers in accordance with relevant provisions
of the state.
Article 31
Schools and other educational institutions who have satisfied conditions for legal persons shall obtain the status of legal persons
from the date of approval or registration of legal persons.
Schools and other educational institutions shall enjoy civil rights and interests and bear civil liabilities in civil activities according
to law.
State owned assets of schools and other educational institutions shall be within the ownership of the state.
Enterprises sponsored by schools and other educational institutions shall solely undertake civil liabilities of their own.
Chapter IV Teachers and Other Educational Workers
Article 32
Teachers shall enjoy the rights and interests stipulated by law, perform duties prescribed by law and devote to the people’s education
cause.
Article 33
The state shall protect the legitimate rights and interests of teachers, improve the working and living conditions of teachers and
higher the social status of teachers.
The teachers’ wages, remuneration and welfare shall be handled according to laws and regulations.
Article 34
The state shall adopt a qualification-based post employment system, improve the quality of teachers and strengthen the development
of teachers by way of examination, rewards, fosterage and training.
Article 35
Schools and other educational institutions shall adopt an educational staffs system for the management.
Schools and other educational institutions shall adopt an professional-skills-based posts employment system.
Chapter V Education Receivers
Article 36
Education receivers shall enjoy equal rights in going to school, entering higher school, employment and etc.
Schools and relevant administrative departments shall guarantee that the female enjoy equal rights with male in going to school, entering
higher school, employment, conferment of academic degrees and being sent abroad for learning.
Article 37
The state and society shall provide with different forms of financial aids to children, juveniles and youths who are eligible for
schooling but in poor families.
Article 38
The state, the society, schools and other educational institutions shall organize education in consideration of the physical and mental
characteristics and requirements of the disabled people and offer them with assistance and convenience.
Article 39
The state, the society, schools and other educational institutions shall create conditions for those minor offenders to receive education.
Article 40
Employees shall have the right and duty to receive vocational training and continuous education according to law.
State organs, enterprises, institutions and other social organizations shall provide conditions and convenience for the learning and
training of the staffs of their own.
Article 41
The state shall encourage schools, other educational institutions and social organizations to create conditions for the whole life
education of citizens.
Article 42
Education receivers shall enjoy following rights and interests according to law:
(1)
participating in different activities conducted in accordance with educational programme or teaching/learning syllabus; using educational
or teaching/learning facilities, equipment or books and materials;
(2)
obtaining scholarship, loan for education and stipend according to relevant state regulations;
(3)
obtaining fair assessment in terms of academic achievements and behaviour; being conferred correspondent credentials of learning and
academic degree upon fulfillment of prescribed school work;
(4)
bringing a complaint with relevant department in case of refusal to accept a disciplinary action of the school; bringing a complaint
or a suit according to law if the right of personal safety or property has been infringed upon by the school or the teacher;
(5)
other rights and interests as are provided for by law and regulations.
Article 43
Education receivers shall perform the following duties:
(1)
abiding by law and regulations;
(2)
observing conduct standards of the school; showing respect to teachers and developing good ideology, proper morale and behaviour habit;
(3)
studying strenuously and fulfilling assigned learning tasks;
(4)
obeying rules of the school or other educational institution to which the education receiver is attached.
Article 44
Administrations of education, physical education and health, schools and other educational institutions shall improve sports and health
care facilities and protect the physical and mental health of students.
Chapter VI Education and the Society
Article 45
State organs, the army, enterprises, institutions, social associations and other social organizations and individuals shall create
good social environment for the healthy growing-up of children, juveniles and young student.
Article 46
The state shall encourage enterprises, institutions, social associations and other social organizations to cooperate by various ways
with higher education schools, secondary vocational schools in teaching and learning, scientific research, technology development
and dissemination.
Enterprises, institutions, social associations and other social organizations and individuals may support the construction of schools
and participate in management through proper forms.
Article 47
State organs, the army, enterprises, institutions and other social organizations shall render assistance and convenience for student
to practise and conduct social practical activities organized by the school.
Article 48
Schools and other educational institutions shall take an active part in local public welfare activities under the precondition that
normal educational and teaching/learning activities are not affected.
Article 49
Parents or guardians of minor children shall provide their under age sons and daughters or children under the guardianship with necessary
conditions for their education.
Parents or guardians of minor children shall collaborate with the school or the other educational institution on the education of
their sons and daughters or children under guardianship.
Schools and teachers may provide parents of students with advice.
Article 50
Students shall enjoy preferential treatment as to public cultural and sport facilities such as libraries, museums, science and technology
centres, cultural centres, art galleries, gymnasiums and stadiums, historical or cultural spots and revolutionary commemoration halls
or places so that education receivers can be offered convenience for education.
Radio and TV station shall design education programmes and promote the improvement of students in aspects of ideology, morale, cultural
and scientific capacity.
Article 51
The state and the society shall establish out-of-school education facilities for minor children.
Schools and other educational institutions shall collaborate with autonomous grass roots mass organizations, enterprises, institutions
and social associations to strengthen out-of-school education of minor children.
Article 52
The state shall encourage social associations, social cultural institutions, other social organizations and individuals to conduct
social cultural activities of education that are beneficial to the physical and mental health of education receivers.
Chapter VII Education Investment and Safeguards of Conditions
Article 53
The state shall establish a mechanism based mainly on financial allocation and supplemented with various approaches to raising educational
funds, gradually enlarge investment in education and ensure stable sources of educational funds for state run schools.
Schools and other educational institutions established under the sponsorship of enterprises, institutions, social associations, other
social organizations and individuals according to law shall have the school funds raised by the sponsors. The people’s governments
at different levels may render proper support.
Article 54
The proportion of the state educational investment by way of financial allocation to the volume of general national products shall
gradually increase along with the growth of national economy and financial income. The executive steps for the proportion increase
shall be determined by the State Council.
The proportion of educational appropriations to the total volume of financial expenditures at different levels of the whole state
shall increase step by step with the growth of the national economy.
Article 55
Educational appropriations of the people’s governments at different levels shall be listed as a separate item of the financial budget
according to the principle of consistency of business power and financial power.
The increase of financial allocation to education by the people’s government at different levels shall be higher than the growth of
frequent income of the finance. The people’s government shall make the average per capita education appropriation for all students
in the school increase progressively and ensure that the teacher’s salary and the per capita public fund for students grow gradually.
Article 56
The State Council and the local people’s government at different levels shall establish specific fund for education and lay special
stress on supporting compulsory education in remote border areas and poverty-stricken areas and minority nationality regions.
Article 57
Taxation agencies shall fully collect the added education fee, which shall be controlled by the educational administrations and used
mainly in enforcement of compulsory education.
The people’s government of province, autonomous region and municipality directly under the central government may decide on the levy
of added local education fee for specific use of education.
The collection of the added education fee in the countryside within the overall finance of townships shall be organized by the people’s
government of the township. The fee shall be managed on behalf of the township people’s government by the education administrative
department of the people’s government at the county level or by the people’s government of the township itself and shall be used
for the educational undertakings at the two levels of township and village within the jurisdiction of the township. The accurate
proportion of the levy of added education fee in the countryside to the overall finance of the township and the concrete management
thereof shall be regulated by the people’s government of province, autonomous region and municipality directly under the central
government.
Article 58
The state shall adopt preferential measures to encourage and support schools to develop work-and-study programme, conduct social services
and establish campus workshops on the precondition that the normal education and teaching/learning activities are not affected.
Article 59
Subject to the approval of the people’s government at the county level the people’s government at the level of township or minority
nationality township may in light of the principle of voluntary and capacity consideration collect funds to run school within its
own jurisdiction, using the funds so collected in reconstruction or repair of dangerous houses in the purpose of enforcement of compulsory
education or construct new school houses. The funds may not be used for any other purpose.
Article 60
The state shall encourage social organizations and individuals to donate money for schools.
Article 61
The financial allocation of education funds of the state and donations of social organizations or individuals shall be used in education
only and may not be diverted for other purposes or deducted.
Article 62
The state shall encourage the use of banking and credit measures to support the development of educational undertakings.
Article 63
The people’s government at different levels and education administrative department shall strengthen supervision and management of
educational capitals of schools and other educational institutions and raise the education investment efficiency.
Article 64
The local people’s government at different levels and relevant administrative departments thereof shall include the capital construction
of schools in the construction planning of the cities and townships, take into consideration the use of land for capital construction
of schools and necessary goods and materials and make arrangements accordingly, and shall carry out priority or preferential policies
according to related state regulations.
Article 65
The people’s government at different levels shall carry out priority or preferential policies according to corresponding state regulations
in respect to the publication and distribution of textbooks and other books or materials for the purpose of teaching and learning,
to the production and supply of instruments and equipment for teaching and learning, and to the import of books, materials, instruments
and equipment for the purpose of school education or of teaching and learning.
Article 66
The people’s government at and above the county level shall develop education through satellite television and other modern advanced
approaches to teaching and learning, which shall enjoy preferential arrangement and sustaining support of administrative departments.
The state shall encourage extended application of modern teaching and learning methods.
Chapter VIII External Exchange and Cooperation
Article 67
The state shall encourage external exchange and cooperation of education.
External exchange and cooperation of education shall firmly accord to the principles of maintaining independence, keeping initiative
in our own hands, equality, mutual benefits and respect and may not run counter to Chinese laws or imperil the state sovereignty,
safety or public interests of the society.
Article 68
Chinese citizens within the territory of China who intend to go abroad for purpose of learning, research, academic exchange or teaching
shall go through procedures prescribed by the state.
Article 69
Individual persons out of the Chinese territory may, subject to conditions stipulated by the state and after completion of corresponding
formalities, enter China and go to Chinese schools or other educational institutions for the purpose of learning, research, academic
exchange or teaching. Their legitimate rights and interests shall be protected by the state.
Article 70
Recognition by China of academic degree credentials and schooling credentials awarded by educational institutions out of the territory
of China shall be realized subject to international conventions concluded or conceded to by the People’s Republic of China or corresponding
regulations of the state.
Chapter IX Legal Liabilities
Article 71
In case of failure to examine and allocate educational appropriations based on budget in violation of relevant state regulations,
the people’s government at the same level shall see to it that the appropriations shall be allocated after examination within a limited
period of time. If the violation is a serious case, the persons-in-charge held in direct responsibility and other persons directly
responsible for the violation shall be punished by disciplinary sanctions according to statutes.
In case of diversion or deduction of educational capitals in violation of the state financial regulations or accounting procedures,
the authority at higher level shall order a replacement of the capitals diverted for other uses or deducted within a limited period
of time and shall impose disciplinary sanctions upon those persons-in-charge held in direct responsibility and those directly responsible
for the offence. If a crime is constituted, the criminal liabilities therein shall be investigated into according to law.
Article 72
In case some people gather a crowd to engage in an affray, mob, make troubles to the extent of disturbing the educational or teaching/learning
order of schools or other educational institutions or damaging houses, grounds or other property thereof, the public security organ
shall impose administrative penalties for public security. If a crime is constituted, the criminal liabilities shall be investigated
into according to law.
Those who have encroached upon houses, grounds other property of schools or other educational institutions shall bear corresponding
civil liabilities.
Article 73
In case of failure to adopt measures upon precise knowledge of dangers with school houses or other educational or teaching/learning
facilities to the result of personnel casualties and serious loss of property, the criminal liabilities of those persons-in-charge
held in direct responsibility and other persons directly responsible for the damages shall be investigated into according to law.
Article 74
In case of solicitation of funds from schools or other educational institutions in violation of relevant state regulations, the government
shall order a replacement of the funds solicited and shall impose disciplinary sanctions upon the persons-in-charge who are held
in direct responsibility and other persons directly responsible for the violation.
Article 75
In case of establishment of schools or other educational institutions in violation of relevant state regulations, the education administrative
department shall dissolve those schools or institutions so established, confiscate any illegal gains therefrom if there is any and
impose disciplinary sanctions according to law upon those persons directly in charge of the matter or other persons directly responsible
for the violation.
Article 76
In case of recruitment of students in violation of relevant state regulations, the education administrative department shall order
a return of those students and a refund of any fees collected and shall impose disciplinary sanctions upon those persons directly
in charge of the matter or other persons directly responsible for the violation according to law.
Article 77
In case of malpractice of favourism or fraudulence in enrollment of students, the education administrative department shall order
a return of those students so enrolled, shal
| Category |
MISCELLANEOUS ADMINISTRATION AFFAIRS |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1995-10-28 |
Effective Date |
1996-01-01 |
|
|
|
Regulations Concerning Letters of Petition |
Chapter I General Provisions
Chapter II Petition Maker
Chapter III Acceptance of Petitions
Chapter IV Handling of Petitions
Chapter V Rewards and Punishments
Chapter VI Supplementary Provisions
(Promulgated by Decree No.185 of the State Council of the
People’s Republic of China on October 28, 1995)
Chapter I General Provisions
Article 1 The present Regulations are formulated with a view
to keeping the people’s governments at different levels in close
contact with the people, protecting the legitimate rights and
interests of those who make letters of petition and preserving
the order of administration of letters of petition.
Article 2 The term “letter of petition” used in the present
Regulations refers to the actions of a citizen, legal person or
other organization who, through written correspondence, telephone
or personal appearance with the people’s government at various
levels or departments under the people’s government at the county
level or above (hereinafter referred to as administrative organs
at different levels) requests a situation report or submits an
opinion, proposal or request which, according to law, should be
dealt with by the relevant administrative organs.
Article 3 The administrative organs at different levels
shall properly handle letters of petition, carefully deal with
letters, receive visitors, attend to the opinions, proposals and
requests of the people, submit themselves to the supervision of
the people and exert themselves to serve the people.
Article 4 The work of handling letters of petition shall be
done under the leadership of the people’s government at different
levels. It shall adhere to the principles of different
responsibilities given to different levels, the handling of
petitions under the proper jurisdiction with the relevant
departments in charge being held responsible, settlement of
matters in the fastest possible time and in the place closest to
the occurrence and the combination of problem-resolution in
accordance with the law with ideological education.
Article 5 Chief leaders of administrative organs at
different levels shall read and make comments or issue
instructions concerning important letters of petition, receive
important visitors, deliberate over and solve problems, make
inspections and give instructions in work concerning letters of
petition.
Article 6 The people’s governments at different levels from
and above the county level, and their inferior departments shall,
according to the principle of work competence and convenience for
petition makers, decide on the organization of institutions or
personnel (hereinafter referred to as the petition working
office) in charge of carrying out work concerning letters of
petition and be specifically responsible for receiving and
handling letters of petition.
Chapter II Petition Maker
Article 7 “Petition maker” refers to any citizen, legal
person or other organization who, through written correspondence,
telephone or personal appearance with the administrative organs
at different levels, makes a petition for a situation report, or
submits an opinion, proposal or request.
Article 8 The petition maker may present to administrative
organs the following matters through petition correspondence:
(1) Criticisms, proposals or requests with regards to an
administrative organ or its personnel;
(2) Accusations or exposures of offenses or negligence of
duty of the administrative personnel;
(3) Complaints against infringements of the rights or
interests of the petition maker; and
(4) Other matters.
If the procedures for handling matters related to Item (2) or
(3) of the preceding paragraph have been otherwise stipulated
in other laws or administrative regulations, the petition maker
should submit those matters according to the procedures
prescribed by those corresponding laws or administrative
regulations.
Article 9 Matters which fall under the jurisdiction of the
people’s congress at different levels, the standing committee of
the people’s congress at or above the county level, the people’s
court or the people’s procuratorate shall be submitted to the
relevant people’s congress and the standing committee thereof,
the people’s court or the people’s procuratorate respectively.
Article 10 Concerning the submission of matters, the
petition maker shall appeal to the relevant administrative organ
or its immediately superior organ which by law has the power to
handle and make decisions concerning said matters.
Article 11 The petition maker who chooses to submit an
opinion, proposal or request through a personal appearance
should do so at a reception site established or designated by the
relevant administrative organ.
Visiting petition makers may not blockade or attack state
organs and may not intercept public vehicles.
Article 12 In the event that a group of people wish to
submit a common opinion, proposal or request, the petition shall
generally be made by written correspondence or telephone. If said
group of people choose to make the petition through personal
appearance, they shall elect not more than five delegates to do
so.
Article 13 Petition makers shall present the true facts.
They may not fabricate stories, distort facts or falsely accuse
or frame other persons.
Article 14 Petition makers shall follow the petition
administration process. They may not interfere with the working
order of state organs. They may not damage public or private
property at the reception site, or harass, insult, strike or
threaten the personnel handling the reception. They may not take
along with them to the reception site dangerous articles,
explosives or controlled devices.
Chapter III Acceptance of Petitions
Article 15 Administrative organs at different levels shall,
within the limits of their functions and powers, accept matters
of petition as defined in Article 8 of the present Regulations.
Article 16 If the petition maker submits matters defined in
Article 9 of the present Regulations, the petition working office
shall, in light of individual situations advise the petition maker
to refer those matters to the corresponding people’s congress and
the standing committee thereof, the people’s court or the people’s
procuratorate.
For matters of petition that have been settled or should be
settled through litigation, administrative reconsideration or
arbitration, the petition working office shall advise the
petition maker to have those matters handled in accordance with
the corresponding laws and administrative regulations.
Article 17 For matters of petition that are relevant to two
or more administrative organs, said administrative organs shall
negotiate to solve the problem of acceptance. If a disagreement
occurs, the organ to accept the matter of petition shall be
decided by an immediately higher common administrative authority
through coordination.
Article 18 If the administrative organ which should have
accepted a matter of petition has been absorbed or dissolved, the
matter shall then be accepted by the administrative organ which
inherits the function and power of the former organ.
Article 19 If the petition maker fails to comply with the
stipulations in Article 10 of the present Regulations and appears
in person directly to a higher administrative organ, the higher
administrative organ shall advise the petition maker to submit
the petition in accordance with the stipulations in Article 10 of
the present Regulations. If the organ deems it necessary to
accept the petition directly, it may do so.
Article 20 If the petition working office discovers or
suspects a visiting petition maker to be infectiously ill, the
working office shall notify the local public health department of
the situation, which shall handle the situation according to
corresponding state regulations.
Article 21 If the petition working office discovers that a
petition maker is mentally ill, they shall advise his residential
area, unit or guardian to take him back.
If the mentally ill person is incapable of controlling his
actions to the extent of disturbing the orderly work of the
petition administration, the petition working office may request
the local public security organ to take the patient away from the
reception site and have him housed under care or returned to his
place of residence in accordance with corresponding state
regulations, or may advise the person’s residential area, unit or
guardian to take him back.
Article 22 If the petition maker does not abide by the
stipulations in Article 11 or 14 of the present Regulations to
the extent of interfering with the orderly work of the petition
administration, the petition working office may render an
educational criticism of him. If that fails in effect, the office
may request the local public security organ to escort him away
from the reception site and have him housed under care or returned
to his place of residence in accordance with corresponding state
regulations, or may advise his residential area, unit or guardian
to take him back.
Article 23 If dangerous articles, explosives or controlled
devices are taken to the reception site, the public security
organ or the petition working office shall seize and confiscate
them.
Article 24 If a citizen, legal person or other organization
discovers a petition matter of major importance or urgency which
may have social repercussions, they may report to the nearest
administrative organ. Upon receipt of such a report, the local
people’s government at different levels shall immediately report
the matter to the people’s government at an immediately higher
level and notify relevant responsible departments when necessary.
The departments of the people’s government at different levels at
and above the county level, upon receipt of such a report, shall
immediately report the matter to the people’s government at the
same level and the responsible department at the immediately higher
level, and shall notify other relevant responsible departments when
necessary. The concerned department of the State Council, upon
receipt of the report, shall immediately report the matter to the
State Council and notify relevant responsible departments when
necessary.
Article 25 For those petition matters of major importance or
urgency which may have social repercussions, the relevant
administrative organs shall, within the limits of their functions
and powers, take legal measures to handle the situation in a
resolute and decisive manner so as to prevent the occurrence or
expansion of adverse social repercussions.
Chapter IV Handling of Petitions
Article 26 Administrative organs at different levels shall
handle letters of petition in the following manner in compliance
with their functions and limits of power, and in consideration of
the nature of the petition:
(1) Direct handling of those matters which, according to law,
should be handled by the concerned administrative organ or are
within the power of the administrative organ to handle;
(2) Reporting the matter in due course to a higher
administrative authority if, according to law, it should be
handled by that authority;
(3) Transferring the matter in due course to another
administrative organ if, according to law, it should be handled
by that administrative organ.
Article 27 Administrative organs at different levels and
their staffs shall be scrupulous in the discharge of their
duties, impartial and in accordance with the law in handling
matters, always ascertain the truth, identify liabilities, make
correct persuasions and duly, properly and correctly settle
matters. They may not shift responsibilities to others or do
their work in a delayed or perfunctory manner.
Article 28 If a staff member engaged in work concerning
petitions has direct interests in the petition matter or
concerning the petition maker, he shall avoid involvement
in the handling of the petition matter.
Article 29 In handling petition matters, administrative
organs and their staff may not release or transfer any material
concerning accusations, expositions or charges to the person or
organization accused, exposed or charged.
No organization or individual may suppress, retaliate against
or persecute a petition maker.
Article 30 Administrative organs at different levels shall
settle within 30 days petition matters to be directly handled by
that organ and shall advise the concerned petition maker of the
result of the settlement in light of the particular circumstances.
If the matter is complicated, the prescribed period may be extended
properly.
Article 31 Administrative organs at different levels shall
settle within 90 days petition matters which have been assigned
thereto and shall advise the authority that originally assigned
the matter of the result of the settlement. If the matter cannot
be settled within the prescribed period, an explanation should be
presented to the authority which originally made the assignment.
If the authority which issued the assignment considers the
settlement of the assignment is not satisfactory, it may require
reconsideration of the matter by the administrative organ which
received the assignment.
Article 32 The relevant administrative organ shall settle
within 90 days petition matters which have been transferred
thereto and shall advise the organization that originally made
the transfer of the result according to the situation.
Article 33 The petition maker or the relevant unit shall
abide by and carry out the settlement decision that has been made
by the relative administrative organ. If they reject the
decision, they may within 30 days from receipt of the written
decision ask the administrative organ which originally made the
decision to review the decision unless they wish to request an
administrative reconsideration or lodge an administrative suit
according to laws or administrative regulations. The original
administrative organ which made the settlement decision shall
within 30 days from receipt of the request for review of the
decision produce its opinion and give a reply.
Article 34 If the settlement decision or opinion produced
after review by the original organ is again rejected, the
petition maker may within 30 days from receipt of the written
settlement decision or the written opinions after review appeal
to an immediately higher administrative organ for a review, and
the latter shall propose opinions thereon within 30 days upon
receipt of the application for review. If it is satisfied after
review that the original settlement decision is correct, the
matter may not be reconsidered any more.
Article 35 If an administrative organ discovers that its
settlement decision or review opinion on a petition matter was
incorrect, it shall make the necessary corrections.
If a higher administrative organ discovers that a lower
administrative organ erred in the settlement or review of a
petition matter, it has the authority to take over the matter for
reconsideration or to instruct the lower administrative organ to
make a new settlement.
Article 36 Administrative organs at different levels shall
duly analyze the social implications and the wishes of the masses
reflected in a letter of petition and shall accordingly put
forward suggestions for improvement of work.
Chapter V Rewards and Punishments
Article 37 Any office or individual who makes excellent
achievements in work concerning letters of petition shall be
conferred a reward by the relevant administrative organ.
Article 38 Any petition maker who, by putting forward
proposals or opinions, making accusations against or disclosing
illegal activities makes contributions to the national economy
and social development or to the improvement of the work of
government offices or protection of the public interests shall
be conferred a reward by the relevant administrative organ.
Article 39 Any administrative organ which fails to discharge
its duty, shifts its responsibilities to others, does work in a
perfunctory manner or delays the procedures of handling matters
may be criticized through a circular issued by a higher
administrative organ. Those persons responsible may be given a
disciplinary sanction according to the seriousness of the
case.
Article 40 Any staff member of administrative organs at
different levels who ignores duties, practices favoritism to the
detriment of the work shall be subject to educational criticism
or a disciplinary sanction according to the seriousness of the
case, or if a crime is constituted, be investigated for criminal
reponsibility.
Article 41 Any petition maker who violates the petition
administration process may be subject to educational criticism by
the petition working office. The office may also recommend that
the unit to which the petition maker is attached render to him
educational criticism or give a disciplinary sanction. Any
petition maker who violates public security management regulations
shall be dealt with by the public security organ according to the
Regulations of the People’s Republic of China on Administrative
Penalties for Public Security, or if the violation constitutes a
crime, be investigated for criminal responsibility.
Chapter VI Supplementary Provisions
Article 42 Work of social organizations, enterprises or
institutions concerning letters of petition shall be conducted
by reference to the present Regulations.
Article 43 Petitions made by foreigners, stateless persons
or foreign organizations shall be handled by reference to the
present Regulations.
Article 44 The present Regulations shall come into effect as
of the date of January 1, 1996.
| Category |
CRIMINAL LAW |
Organ of Promulgation |
The Standing Committee of the National People’s Congress |
Status of Effect |
In Force |
| Date of Promulgation |
1995-06-30 |
Effective Date |
1995-06-30 |
|
|
|
Decision of the Standing Committee of the National People’s Congress on Punishment of the Crimes of Undermining the Financial Order
|
(Adopted at the 14th Meeting of the Standing Committee of the Eighth
National People’s Congress on June 30, 1995, and promulgated by Order No.52
of the President of the People’s Republic of China on June 30, 1995)
(Editor’s Note: In accordance with the provisions of Article 452 of the
Criminal Law of the People’s Republic of China revised at the Fifth Session
of the Eighth National People’s Congress on March 14, 1997, and effective on
October 1, 1997, the provisions regarding administrative penalties and
administrative measures in this Decision shall continue to be in force and
the provisions regarding criminal liability have been incorporated into the
revised Criminal Law)
The following Decision is made in order to punish crimes against
financial order such as currency forgery, finance bills swindling, letter of
credit swindling and illegal collection swindling.
1. Whoever commits a currency forgery shall be sentenced to a fixed-term
imprisonment of not less than three years and not more than ten years, and be
concurrently sentenced to a fine ranging from 50,000 to 100,000 yuan. Any of
the following categories of persons shall be sentenced to a fixed-term
imprisonment of not less than ten years, life imprisonment or death and be
imposed confiscation of property concurrently:
(1) those principal criminal of the currency forgery group;
(2) those with especially huge amount of forged currency;
(3) those with other especially serious circumstances.
2. Whoever sells or purchases forged currency or transports knowingly
forged currency shall, if the amount involved is relatively huge, be sentenced
to a fixed-term imprisonment of not more than three years or criminal
detention, and be concurrently sentenced to a fine ranging from 20,000 to
200,000 yuan; if the amount involved is huge, he shall be sentenced to a
fixed-term imprisonment of not less than three years and not more than ten
years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000
yuan; if the amount involved is especially huge, he shall be sentenced to a
fixed-term imprisonment of not less than ten years or life imprisonment and
be concurrently sentenced to confiscation of property.
Whoever from the staff of bank or other financial institutions purchases
forged currency or takes advantage of duties to exchange currency with forged
currency shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and be concurrently sentenced to a fine
ranging from 20,000 to 200,000 yuan; if the amount involved is huge and the
circumstances are serious, he shall be sentenced to a fixed-term imprisonment
of not less than ten years or life imprisonment and be concurrently sentenced
to confiscation of property; if the circumstances are minor, he shall be
sentenced to a fixed-term imprisonment of not more than three years or
criminal detention, and be concurrently sentenced to a fine or be
independently sentenced to a fine ranging from 10,000 to 100,000 yuan.
Whoever forges currency and sells or transports the forged currency shall
be given a heavier punishment in accordance with the provision of Article 1.
3. Whoever smuggles forged currency shall be punished according to the
relevant provisions of the Supplementary Provisions on Punishment of Smuggling
by the Standing Committee of the National People’s Congress.
4. Whoever holds or uses knowingly forged currency shall, if the amount
involved is relatively huge, be sentenced to a fixed-term imprisonment of not
more than three years or criminal detention, and be concurrently sentenced to
a fine ranging from 10,000 to 100,000 yuan; if the amount involved is huge, he
shall be sentenced to a fixed-term imprisonment of not less than three years
and not more than ten years, and be concurrently sentenced to a fine ranging
from 20,000 to 200,000 yuan; if the amount involved is especially huge, he
shall be sentenced to a fixed-term imprisonment of not less than ten years and
be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan or
confiscation of property.
5. Whoever alters currency shall, if the amount involved is relatively
huge, be sentenced to a fixed-term imprisonment of not more than three years
or criminal detention, and be concurrently sentenced to a fine ranging from
10,000 to 100,000 yuan; if the amount involved is huge, he shall be sentenced
to a fixed-term imprisonment of not less than three years and not more than
ten years, and be concurrently sentenced to a fine ranging from 20,000 to
200,000 yuan.
6. Whoever establishes a commercial bank or other financial institution
without authorization by the People’s Bank of China shall be sentenced to a
fixed-term imprisonment of not more than three years or criminal detention,
and be concurrently sentenced to a fine or be independently setenced to a fine
ranging from 20,000 to 200,000 yuan; if the circumstances are serious, he
shall be sentenced to a fixed-term imprisonment of not less than three years
and not more than ten years, and be concurrently sentenced to a fine ranging
from 50,000 to 500,000 yuan.
Whoever forges, alters or transfers an operating license of bank or other
financial institution shall be punished according to the provisions of the
proceeding paragraph.
Whichever working unit commits the crimes mentioned in the two proceeding
paragraphs shall be sentenced to a fine, and the direct responsible person in
charge and other direct responsible personnel shall be punished according to
the provisions of paragraph 1.
7. Whoever illegally absorbs the savings account of the public or absorbs
the savings account of the public in disguised form disturbing the financial
order shall be sentenced to a fixed-term imprisonment of not more than three
years or criminal detention, and be concurrently sentenced to a fine or be
independently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the
amount involved is huge and the circumstances are serious, he shall be
sentenced to a fixed-term imprisonment of not less than three years and not
more than ten years, and be concurrently sentenced to a fine ranging from
50,000 to 500,000 yuan.
Whichever working unit commits the crimes mentioned in the proceeding
paragraph shall be sentenced to a fine, and the direct responsible person in
charge and other direct responsible personnel shall be punished according to
the provisions of the proceeding paragraph.
8. For the sake of illegal possession whoever illegally collects capital
in method of swindling shall be sentenced to a fixed-term imprisonment of not
more than three years or criminal detention, and be concurrently sentenced to
a fine ranging from 20,000 to 200,000 yuan; if the amount involved is huge and
the circumstances are serious, he shall be sentenced to a fixed-term
imprisonment of not less than three years and not more than ten years, and be
concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan; if the
amount involved is especially huge and the circumstances are especially
serious, he shall be sentenced to a fixed-term imprisonment of not less than
ten years, life imprisonment or death penalty, and be concurrently sentenced
to confiscation of property.
Whichever working unit commits the crimes mentioned in the proceeding
paragraph shall be sentenced to a fine, and the direct responsible person in
charge and other direct responsible personnel shall be punished according to
the provisions of the proceeding paragraph.
9. Against the provisions of the laws and administrative regulations
whoever from the staff of a bank or other financial institution issues a
credit loan or a guaranteed loan to his parties with more favorable condition
than to other borrowers for the same kind of loans shall, if the relatively
huge loss is caused, be sentenced to a fixed-term imprisonment of not more
than five years or criminal detention, and be concurrently sentenced to a fine
ranging from 10,000 to 100,000 yuan; if the major loss is caused, he shall be
sentenced to a fixed-term imprisonment of not less than five years and be
concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan.
Against the provisions of the laws and administrative regulations whoever
from the staff of a bank or other financial institution neglects his duty or
abuses his power to issue loans to other than his parties shall, if the major
loss is caused, be sentenced to a fixed-term imprisonment of not more than
five years or criminal detention, and be concurrently sentenced to a fine
ranging from 10,000 to 100,000 yuan; if the especially huge loss is caused,
he shall be sentenced to a fixed-term imprisonment of not less than five years
and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan.
Whichever working unit commits the crimes mentioned in the two proceeding
paragraphs shall be sentenced to a fine, and the direct responsible person in
charge and other direct responsible personnel shall be punished according to
the provisions of the two proceeding paragraphs.
10. Any of the following categories of persons, for the sake of illegal
possession, swindles the loans of a bank or other financial institution with
relatively huge amount involved shall be sentenced to a fixed-term
imprisonment of not more than five years or criminal detention, and be
concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the
amount involved is huge or other circumstances are serious, he shall be
sentenced to a fixed-term imprisonment of not less than five years and not
more than ten years, and be concurrently sentenced to a fine ranging from
50,000 to 500,000 yuan; if the amount involved is especially huge or other
circumstances are especially serious, he shall be sentenced to a fixed-term
imprisonment of not less than ten years or life imprisonment, and be
concurrently sentenced to confiscation of property:
(1) Those who fabricate false reasons such as introduction of fund or
project;
(2) Those who use false economic contracts;
(3) Those who use false documents of certificate;
(4) Those who use false property certificate as guarantee;
(5) Those who swindle loans in other methods.
11. Any of the following categories of persons who forge or alter the
financial documents shall be sentenced to a fixed-term imprisonment of not
more than five years or criminal detention, and be concurrently sentenced to
a fine ranging from 20,000 to 100,000 yuan; if the circumstances are serious,
he shall be sentenced to a fixed-term imprisonment of less than ten years or
life imprisonment, and be concurrently sentenced to confiscation of property:
(1) those who forge or alter promissory bill, note of exchange and check;
(2) those who forge or alter other bank settlement receipts such as
commission collection receipt, remittance receipt and bank deposit receipt;
(3) those who forge or alter the letter of credit and attached notes or
documents;
(4) those who forge the credit card.
Whichever working unit commits the crimes mentioned in the proceeding
paragraph shall be sentenced to a fine, and the direct responsible person in
charge and other direct responsible personnel shall be punished according to
the provisions of the proceeding paragraph.
12. Any of the following categories of persons who commit the swindling
activities of financial notes with relatively huge amount involved shall be
sentenced to a fixed-term imprisonment of not more than five years or criminal
detention, and be concurrently sentenced to a fine ranging from 20,000 to
200,000 yuan; if the amount involved is huge or other circumstances are
serious, he shall be sentenced to a fixed-term imprisonment of not less than
five years and not more than ten years, and be concurrently sentenced to a
fine ranging from 50,000 to 500,000 yuan; if the amount involved is especially
huge or other circumstances are especially serious, he shall be sentenced to a
fixed-term imprisonment of not less than ten years, life imprisonment or death
penalty, and be concurrently sentenced to confiscation of property:
(1) those who use the knowingly forged or altered promissory bill, note of
exchange and check;
(2) those who use the knowingly invalid promissory bill, note of exchange
and check;
(3) those who falsely use other’s promissory bill, note of exchange and
check as his own;
(4) those who issue bounced check or check where the signature is
inconsistent with his reserved one to defraud the property;
(5) those drawers of promissory bill or note of exchange who issue the
promissory bill or note of exchange without security of fund or produce a
false record on the note to defraud the property.
Whoever uses the forged or altered other bank settlement receipts such as
commission collection receipt, remittance receipt and bank deposit receipt
shall be punished according to the provisions of the proceeding paragraph.
Whichever working unit commits the crimes mentioned in the two proceeding
paragraphs shall be sentenced to a fine, and the direct responsible person in
charge and other direct responsible personnel shall be punished according to
the provisions of paragraph 1.
13. Any of the following categories of persons who commit the swindling
activities of letter of credit shall be sentenced to a fixed-term imprisonment
of not more than five years or criminal detention, and be concurrently
sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount
involved is huge or other circumstances are serious, he shall be sentenced to
a fixed-term imprisonment of not less than five years and not more than ten
years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000
yuan; if the amount involved is especially huge or other circumstances are
especially serious, he shall be sentenced to a fixed-term imprisonment of not
less than ten years, life imprisonment or death penalty, and be concurrently
sentenced to confiscation of property:
(1) those who use the forged or altered letter of credit or attached notes
or documents;
(2) those who use invalid credit card;
(3) those who defraud letter of credit;
(4) those who commit the swindling activities of letter of credit in
other methods.
Whichever working unit commits the crimes mentioned in the proceeding
paragraph shall be sentenced to a fine, and the direct responsible person in
charge and other direct responsible personnel shall be punished according to
the provisions of the proceeding paragraph.
14. Any of the following categories of persons who commit the swindling
activities of credit card with relatively huge amount involved shall be
sentenced to a fixed-term imprisonment of not more than five years or criminal
detention, and be concurrently sentenced to a fine ranging from 20,000 to
200,000 yuan; if the amount involved is huge or other circumstances are
serious, he shall be sentenced to a fixed-term imprisonment of not less than
five years and not more than ten years, and be concurrently sentenced to a
fine ranging from 50,000 to 500,000 yuan; if the amount involved is especially
huge or other circumstances are especially serious, he shall be sentenced to a
fixed-term imprisonment of not less than ten years or life imprisonment, and
be concurrently sentenced to confiscation of property:
(1) those who use forged credit card;
(2) those who use invalid credit card;
(3) those who falsely use other’s credit card as his own;
(4) those who overdraw through malice.
Whoever steals and uses credit card shall be punished in accordance with
the provisions of Criminal Law on crime of theft.
15. Whoever from a bank or other financial institution against the
provisions offer others the letter of credit or other certificates of
guarantee, notes and certificates of credit status shall, if the relatively
huge loss is caused, be sentenced to a fixed-term imprisonment of not more
than five years or criminal detention; if the huge loss is caused, he shall be
sentenced to a fixed-term imprisonment of not less than five years.
Whichever working unit commits the crimes mentioned in the proceeding
paragraph shall be sentenced to a fine, and the direct responsible person in
charge and other direct responsible personnel shall be punished according to
the provisions of the proceeding paragraph.
16. Any of the following categories of persons who commit the swindling
activities of insurance with relatively huge amount involved shall be
sentenced to a fixed-term imprisonment of not more than five years or criminal
detention, and be concurrently sentenced to a fine ranging from 10,000 to
100,000 yuan; if the amount involved is huge or other circumstances are
serious, he shall be sentenced to a fixed-term imprisonment of not less than
five years and not more than ten years, and be concurrently sentenced to a
fine ranging from 20,000 to 200,000 yuan; if the amount involved is especially
huge or other circumstances are especially serious, he shall be sentenced to a
fixed-term imprisonment of not less than ten years, and be concurrently
sentenced to confiscation of property:
(1) those insurance policy holders who intentionally fabricate the object
of insurance to defraud the insurance money;
(2) those insurance policy holders, insurants or beneficiaries fabricate
false reason or exaggerate the degree of loss on the insurance accident to
defraud the insurance money;
(3) those insurance policy holders, insurants or beneficiaries fabricate
the insurance accident which never happens to defraud the insurance money;
(4) those insurance policy holders or beneficiaries intentionally cause
the insurance accident with the property loss to defraud the insurance money;
(5) those insurance policy holders or beneficiaries intentionally cause
the death, disability or disease of the insurant to defraud the insurance
money.
Whoever commits the activity listed in item (4), (5) of the proceeding
paragraph which also constitutes a crime shall be punished in accordance with
the provisions on combined punishment for several crimes of Criminal Law.
Any expert witness, witness or property adjuster of an insurance accident
who intentionally provides false documents of certificate and provides
conditions to others to swindle shall be punished as a joint crime of
insurance swindling.
Whichever working unit commits the crimes mentioned in t paragraph 1 shall
be sentenced to a fine, and the direct responsible person in charge and other
direct responsible personnel shall be punished according to the provisions of
paragraph 1.
17. Whoever from the staff of an insurance company takes advantage of his
duty’s convenience to draw up intentionally an insurance accident which never
happens and to give an adjustment in order to defraud the insurance money
shall be punished respectively in accordance with relevant provisions of the
Supplementary Provisions Concerning the Punishment of the Crime of
Embezzlement and Bribery and the Decision on Punishment of the Crime Violating
Company Law by the Standing Committee of the National People’s Congress.
18. Whoever from the staff of a bank or other financial institution in
the course of the financial business activities extorts or accepts bribes, or
accepts whatever kind of rebate or commission shall be punished respectively
in accordance with relevant provisions of the Supplementary Provisions
Concerning the Punishment of the Crime of Embezzlement and Bribery and the
Decision on Punishment of the Crime Violating Company Law by the Standing
Committee of the National People’s Congress.
19. Whoever from the staff of a bank or other financial institution takes
advantage of his duties to misappropriate the funds of the working unit or
clients shall be punished respectively in accordance with relevant provisions
of the Supplementary Provisions Concerning the Punishment of the Crime of
Embezzlement and Bribery and the Decision on Punishment of the Crime Violating
Company Law by the Standing Committee of the National People’s Congress.
20. Whoever from the staff of a bank or other financial institution
colludes with the criminals engaged in the swindling of financial activities
described in this Decision and offers assistance to them with their swindling
activities shall be punished as a joint crime.
21. Whoever commits the behaviors described in Article 2, Article 4,
Article 5, Article 11, Article 12, Article 14 and Article 16 of this Decision
which does not constitute a crime with minor circumstances may be imposed of
detention of not more than 15 days or a fine of not more than 5,000 yuan by
the department for public security.
22. Any unlawful gains involved in the crimes against this Decision shall
be pursued or ordered to be returned to the sufferer; and any property and
material shall be confiscated.
Any forged or altered currency, forged, altered or invalid note, letter
of credit, credit card or other bank settlement receipt shall be taken over
and to the People’s Bank of China for centralized destruction.
The detailed measures for taking over the forged or altered currency shall
be formulated by the People’s Bank of China.
23. The currency called in this Decision means Renminbi and foreign
currency.
24. This Decision shall be implemented as of the date of promulgation.
|
20040101
The State Administration for the Inspection of Import and Export Commodities, the Ministry of Foreign Trade and Economic Cooperation
Notice of the State Administration for the Inspection of Import and Export Commodities, the Ministry of Foreign Trade and Economic
Cooperation concerning on Printing and Issuing Provisions on Examination and Approval of Establishment of Import and Export Commodities
Inspection and Appraisal Enterprises with Foreign Investment
Guo Jian Jian Lian [1995] NO.211
The relevant ministries and commissions of the State Council, the administration for the inspection of import and export commodities
directly under the State Administration for the Inspection of Commodities, the ministries of foreign trade and economic commissions
of each province, autonomous region and municipality directly under the Central Government and cities under separate state planning,
Shanghai investment commission, the ministry of foreign trade and economic cooperation of Hainan, the bureau of investment promotion
of Hunan, the Ministry of Foreign Trade and Economic Cooperation of Jilin, the bureau of investment of Xiamen, the bureau of introduction
of foreign capital of Shenzhen:
Provisions on Examination and Approval of Establishment of Import and Export Commodities Inspection and Appraisal Enterprises with
Foreign Investment framed by The State Administration for the Inspection of Import and Export Commodities and the Ministry of Foreign
Trade and Economic Cooperation are hereby printed and issued. Please carry out.
The State Administration for the Inspection of Import and Export Commodities
The Ministry of Foreign Trade and Economic Cooperation
October 9, 1995
Provisions on Examination and Approval of Establishment of Import and Export Commodities Inspection and Appraisal Enterprises with
Foreign Investment
Article 1
These Provisions have been formulated in the light of relevant laws and regulations to strengthen the control over the work on import
and export commodities inspection and thus ensure the quality of this inspection work and facilitate the development of foreign trade.
Article 2
The import and export commodities inspection and appraisal enterprises with foreign investment mentioned in this set of Provisions
refer to enterprises with foreign investment established as Chinese-foreign joint equity or cooperative ventures engaging in inspection,
appraisal and certification of import and export commodities as a third party under the consignment of consignors and of consignees
commodities or other related parties, hereinafter referred to as FFCIEs.
Article 3
Joint venturing FFCIEs but not wholly foreign-owned ones are allowed to be set up in the territories of China.
Article 4
With official approval, FFCIE can engage in all or part of the operations listed below:
Inspection, appraisal and certification on consignment of quality, specifications, quantity, weight, package, damage, value and technical
conditions of shipment of import and export commodities.
Article 5
The Chinese investor in an FFCIE should be an enterprise engaged in the inspection and appraisal of import and export commodities
with approval or consent, or by appointment, of the department in charge.
The foreign investor in an FFCIE should be an enterprise which has more than three years of experience in the import and export commodity
inspection, appraisal and certification business, accommodated with qualified managerial, professional and technical personnel and
technical equipment for the work, a relatively steady clientele of its own and a fairly good international reputation.
Article 6
The registered capital of an FFCIE should not be less than U.S. $ 500,000. It should have a fixed working site and the technical conditions
and professional personnel suitable for its business operations.
Article 7
The operational term of an FFCIE is generally not more than 30 years.
Article 8
The establishment of an FFCIE should be approved by the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to
as MOFTEC) of the Peoples Republic of China. The qualifications for business and business scope of the FFCIE will be examined and
administered by the State Administration for Import and Export Commodities Inspection of the People’s Republic of China (hereinafter
referred to as SCIA).
Article 9
Procedures for the establishment of an FFCIE:
1.
The Chinese partner submits an application for the establishment of the FFCIE together with the related documents to its higher authorities.
After agreed by the authorities, the local department of foreign trade and economic cooperation, having consulted the local bureau
of import and export commodities inspection, will send the application with its own comments and report to MOFTEC. If the applicant
is an enterprise directly under a ministry, commission or bureau of the State Council, it should submit the application with related
documents for the establishment of an FFCIE to its higher authorities and, after having agreed by the higher authorities, report
the application to MOFTEC which, on receiving will consult SCIA on the documents.
2.
SCIA will examine the project proposal and feasibility study report for the proposed FFCIE and its technical force, technical level
and technical equipment as well as its scope of business. Finding the application qualified after examination, SCIA will issue a
written Comment on Qualifications Examination of the proposed FFCIE.
3.
Having received an affirmative reply from SCIA, MOFTEC will examine the documents sent in. After it has approved the project, MOFTEC
will issue a certificate of approval of an enterprise with foreign investment.
4.
The Chinese partner, with the MOFTEC certificate of approval of an enterprise with foreign investment and other relevant documents,
applies to industrial and commercial administrative offices for business registration to get the business license.
5.
With the certificate of approval and the business license, the FFCIE has to get the Qualification Certificate for FFCIE at SCIA before
it can formally open for business.
Article 10
The FFCIE applicants has to submit the following documents to MOFTEC:
1.
Comments of the local department of foreign trade and economic cooperation or a ministry, commission or bureau of the State Council
to the application for the establishment of an FFCIE.
2.
The project proposal for the proposed FFCIE.
3.
The feasibility study report, contract and articles of association signed by all parties concerned.
4.
Certificates of credit status, business registration (duplicates) and legal representation (duplicates) of all parties to the project.
5.
Other documents as requested by MOFTEC.
Otherwise specified as duplicates, all the documents should be the original. The unofficial representative who has signed the documents
should produce the document of authorization by the legal representative for acting on his/her behalf.
Article 11
The establishment of subsidiary setups of FFCIEs shall be handled according to this set of Provisions.
Article 12
A FFCIE will have to renew the procedures of application for approval according to this set of Provisions on one of the following
circumstances:
1.
A change in the partnership.
2.
A change in the scope of business.
Article 13
FFCIEs established before the promulgation of this set of Provisions, should, within three months of the promulgation of the Provisions,
apply to SCIA for the issue of the Qualification Certificate for FFCIE by presenting the certificate of approval of an enterprise
with foreign investment issued by MOFTEC or its authorized department. Those which refuse to make the application over the prescribed
time limit are not allowed to contract business related to the inspection, appraisal and certification of import and export commodities.
Article 14
Local departments of foreign trade and economic cooperation shall seek the agreement of local bureaus of import and export commodities
inspection before they approve enterprises with foreign investment engaging in consulting services related to the inspection, appraisal
and certification of import and export commodities. The approved cases have to be reported to MOFTEC and SCIA for record.
Article 15
These Provisions shall enter into force as of the date of promulgation.
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