PROVISIONAL MEASURES FOR THE CONTROL OF CHINESE CITIZENS ENTERING AND LEAVING THE REGIONS OF HONG KONG AND MACAO FOR PERSONAL REASONS
RULES FOR ADMINISTERING SHANGHAI SHIPPING EXCHANGE
| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-10-03 | Effective Date | 1996-10-03 |
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Rules for Administering Shanghai Shipping Exchange |
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Chapter I General Provisions
Chapter II Organization
Chapter III Membership
Chapter IV Trading Administration
Chapter V Dispute Settlement and Legal Responsibilities
Chapter VI Supplementary Provision
(Approved by the State Council on September 18, 1996, promulgated by
Decree No.8 of the Ministry of Communications on October 3, 1996)
Chapter I General Provisions
Article 1 With a view to strengthening the administration of Shanghai
Shipping Exchange, maintaining order in shipping transactions and promoting
the development of waterway goods shipping industry, these Rules are hereby
formulated.
Article 2 Shanghai Shipping Exchange(hereinafter referred to as the
Shipping Exchange) is an institutional legal entity which provides the
trading place, facilities and information for the shipping business with
non-profit purposes.
Article 3 The department in charge of communications under the State
Council and the Shanghai Municipal People’s Government shall exercise
administration and supervision over the Shipping Exchange in accordance with
these Rules.
Article 4 The Shipping Exchange shall provide open, fair and just
environment and convenient conditions for trading so as to ensure normal
conduct of shipping transactions.
Chapter II Organization
Article 5 The Shipping Exchange shall implement the responsibility
system of the president under the leadership of the board of directors.
Article 6 The board of directors shall be the authority of power of the
Shipping Exchange.
The board of directors shall consist of one director-general, one deputy
director-general or two deputy directors-general and five to seven directors,
with the total in odd number. The board of directors shall have two to three
member-directors.
The director-general and deputy director(s)-general shall be appointed
jointly by the Shanghai Municipal People’s Government and the department in
charge of communications under the State Council. The directors shall be
nominated by the director-general and approved by the Shanghai Municipal
People’s Government.
Article 7 The board of directors shall exercise the following powers:
(1) formulate the constitution, rules for trading and other related
provisions of the Shipping Exchange;
(2) review the work plan and the work report of the Shipping Exchange;
(3) decide on and handle major questions related to the operations of the
Shipping Exchange;
(4) appoint and dismiss the president and vice-president of the Shipping
Exchange;
(5) decide on the cancellation of membership.
Article 8 The meeting of the board of directors shall be convened by the
director-general; in case of inability of the director-general to convene the
meeting, it shall be convened by the deputy director-general assigned by the
director-general on his behalf.
Resolution(s) of the board of directors shall be approved by over two
thirds of its members in a vote.
Article 9 The Shipping Exchange shall have one president and a number of
vice-presidents.
The president shall be nominated by the director-general from the
directors and employed by the board of directors. The vice-presidents shall
be nominated by the president and employed by the board of directors.
The president is the legal representative of the Shipping Exchange. He
shall be in charge of the daily routine of the Shipping Exchange and be
responsible to the board of directors.
Chapter III Membership
Article 10 The following conditions shall be satisfied for the
acquisition of membership:
(1) enterprises and other related enterprises have qualifications of the
legal person in operating waterway goods shipping business, waterway goods
shipping agency business, ship agency business and port-related business;
(2) adherence to the constitution of the Shipping Exchange;
(3) having good business reputation.
Conditions for the application for the acquisition of membership by
foreign enterprises shall be formulated separately by the department in
charge of communications under the State Council.
Article 11 Application for the acquisition of membership shall be
subject to the examination and approval of the Shipping Exchange and the
procedures for membership shall be followed in accordance with the
constitution of the Shipping Exchange.
In case of withdrawal of membership, the procedures for the withdrawal of
membership shall be followed in accordance with the constitution of the
Shipping Exchange.
Article 12 Membership is divided into official membership and temporary
membership.
Those having membership over three months shall be official members and
those whose membership not exceeding three months shall be temporary members.
Article 13 Members shall enjoy the following rights:
(1) put forth criticism and suggestion(s) with regard to the work of the
Shipping Exchange;
(2) recommend member-director(s) or to be recommended for the post member-
director(s);
(3) conduct transactions inside the Shipping Exchange;
(4) use the facilities provided by the Shipping Exchange;
(5) acquire information provided by the Shipping Exchange.
Item (2) of the preceding paragraph shall not apply to temporary members.
Article 14 Members shall fulfill the following obligations:
(1) abide by the constitution and rules for trading of the Shipping
Exchange;
(2) pay membership fee on time;
(3) provide truthfully to the Shipping Exchange the price and other
information of the enterprise(s) related to shipping trading;
(4) shall not disclose or spread to news media or the public the shipping
information acquired from the Shipping Exchange;
(5) accept the administration and supervision of the Shipping Exchange in
shipping trading.
Information as laid down in Item (3) of the preceding paragraph does not
include business secret of the member(s).
Article 15 Members can put forth criticism and suggestions with regard
to the work of the Shipping Exchange through membership meeting(s).
Membership meeting can be called following the proposal by over two
thirds of the members.
Article 16 The listed representatives shall be the personnel of the
members engaging in trading in the Shipping Exchange who shall be trained by
the Shipping Exchange.
Chapter IV Trading Administration
Article 17 Scope of trading in the Shipping Exchange:
(1) waterway goods shipping;
(2) port-related business;
(3) ship leasing;
(4) selling and buying of ships;
(5) other shipping businesses permitted by the department in charge of
communications under the State Council for trading in the Shipping Exchange.
Article 18 Listed representatives of members can only conduct
transactions on behalf of their own enterprises; this, however, does not
include members engaging in waterway goods shipping agency business and ship
agency business.
Article 19 Non-member enterprises can entrust members engaging in
waterway goods shipping agency business or ship agency business for trading
in the Shipping Exchange on their behalf.
Article 20 Members shall not indulge in the following acts:
(1) to conduct transactions by using inside information or conduct
transactions outside the Shipping Exchange by using information acquired from
the Shipping Exchange;
(2) to fabricate or spread false information or disrupt order in trading
by other means;
(3) to go beyond the business scope in trading;
(4) to engage in other acts forbidden by law and regulations.
Article 21 Parties involved in transactions of ship selling and buying
by way of consultation and those involved in trading by way of competitive
pricing shall provide credit guarantee to the Shipping Exchange.
Article 22 Members engaging in regular international shipping services
shall report their shipping rates to the Shipping Exchange for the record.
Article 23 Parties involved in trading shall, upon conclusion of the
transaction, pay service charge to the Shipping Exchange.
Proposal for the rate of service charge shall be put forward by the
Shipping Exchange and submitted to the department in charge of communications
and the department in charge of pricing of the Shanghai Municipal People’s
Government for approval.
Article 24 Unless otherwise provided for by the state, price in trading
in the Shipping Exchange shall be determined independently by the parties
involved.
The Shipping Exchange can fix guidance price for trading; at times of
soaring of price or crash in trading, the Shipping Exchange can limit the
maximum price or the minimum price and can announce suspension of trading
when necessary.
Article 25 The Shipping Exchange shall make available to its members
information on shipping transactions in a timely and precise manner.
Article 26 Staff members of the Shipping Exchange shall be financially
clean and self-disciplined, law-abiding and uphold justice. They shall not in
any form gain benefit from members of the Shipping Exchange or from other
related units and shall not divulge any inside information.
Article 27 In case of sudden eruption of events leading to suspension of
trading in the Shipping Exchange, the board of directors shall report the
matter timely to the Shanghai Municipal People’s Government and the
department in charge of communications under the State Council.
Article 28 In case of violations of these rules, the constitution and
the rules for trading of the Shipping Exchange by members and the listed
representatives, the Shipping Exchange is empowered to direct the parties
concerned to stop the law-breaking acts and can handle the cases by serving a
warning, suspending trading in the Shipping Exchange or canceling membership
in the light of the extent of seriousness of the cases.
Chapter V Dispute Settlement and Legal Responsibilities
Article 29 For disputes arising from the process of trading, parties
concerned in trading can resolve the disputes through consultation between
them or apply for mediation by the Shipping Exchange. They can also apply for
arbitration or take legal action in accordance with the relevant provisions
of law and administrative regulations.
Article 30 Members having committed any one of the acts as listed in
Items (1) and (2) of Article 20 of these Rules, the department in charge of
communications of the Shanghai Municipal People’s Government shall, in the
light of their different circumstances, serve a warning or confiscate the
illegal income; where the offenses are of a serious nature, a fine under
RMB 20,000 yuan shall be imposed.
Members having committed any one of the acts as listed in Items (3) and
(4) of Article 20 of these Rules, the department concerned shall impose
penalty in accordance with relevant laws and regulations.
Article 31 For non submission of shipping rate for the record or non
implementation the submitted shipping rate in violation of the provisions of
Article 22 of these Rules, the department in charge of communications of the
Shanghai Municipal People’s Government shall, in the light of the extent of
seriousness of the cases, serve a warning, direct the party(parties) to
suspend operation of the shipping route, or impose a fine under RMB 50,000
yuan.
Article 32 For violation of these Rules on the part of the Shipping
Exchange for admitting members not in keeping with conditions for membership,
expelling members at will or failing to stop the member(s) from engaging in
trading exceeding the business scope when the Shipping Exchange is well aware
of the situation, the department in charge of communications under the State
Council shall serve a warning; where the offenses are of a serious nature, a
fine under RMB 20,000 yuan shall be imposed.
Article 33 For violation of the provision of Article 17 of these Rules
on the part of the Shipping Exchange for extending the scope of trading
without authorization, the department in charge of communications under the
State Council shall serve a warning; where the offenses are of a serious
nature, a fine under RMB 50,000 yuan shall be imposed.
Article 34 For failure to report the suspension of trading on the part
of the Shipping Exchange in violation of the provision of Article 27 of these
Rules, the department in charge of communications under the State Council
shall impose a fine under RMB 20,000 yuan.
Article 35 The Shipping Exchange shall, in accordance with law,
undertake responsibility of compensation for causing economic losses to
members in violation of these Rules.
Chapter VI Supplementary Provision
Article 36 These Rules shall come into force as of the date of
promulgation.
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING CONTINUING TO RECTIFY AND REGULATE THE ORDER OF MEDICINE PRODUCTION AND SALE AND TO STRENGTHEN THE ADMINISTRATION OF MEDICINE
| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-04-16 | Effective Date | 1996-04-16 |
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Circular of the General Office of the State Council Concerning Continuing to Rectify and Regulate the Order of Medicine Production |
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Since the issuance of the Urgent Circular of the State Council Concerning
Further Strengthening the Administration of Medicine (hereinafter referred to
as “Urgent Circular”), people’s governments of provinces, autonomous regions
and municipalities directly under the central government and the relevant
departments under the State Council have been strengthening the leadership
over the administration of medicine in accordance with the arrangement made
by the State Council. Measures have been taken in the light of practical
conditions to check up the administration of medicine within their own
localities or departments. As a result, some unlawful trade fair markets for
medicine have been banned, a number of units and individual businesses been
punished for the unlawful production and sale of medicine, and disciplinary
actions been taken against the law-breaking and criminal activities involving
the production and sale of false and inferior medicine. Certain effectiveness
has produced in rectifying and regulating the order of medicine production
and sale. Nevertheless, we must notice that localities and departments do the
work at much different paces. Serious problems regarding the administration
of medicine have not been solved. Main facts can be enumerated as follows.
There are someone continuing the unlawful production and sale of medicine
without any licence or without all the required certificates, or with a
licence rented or transferred from others. There are some trade fair markets
for medicine still in operation, and others opening for business again
without approval after being banned or changing their appearances to continue
the unlawful medicine trade. Slow progress is made in rectifying and
regulating special markets for Chinese traditional medicinal materials, some
of which fail to meet the standards but have not yet been closed down.
Prepared Chinese traditional medicine, prepared Western medicine and
processed Chinese traditional medicine in ready-to-use forms are allowed to
enter such markets by violating state provisions. A few localities go
exclusively after their own benefits so that Law-breakers, being backed and
connived at by some officials of local governments, commit without scruple the
activities such as illegally producing and selling false and inferior medicine
and establishing trade fair markets for medicine. A few departments hesitate
about self-examination and rectification, take no effective measures and
quarrel with each other instead of cooperating well. Especially, the demand
for rebates prevails in the purchase and sale of medicine and the law-breaking
activities of this kind are showing an unhealthy tendency with serious
harmfulness. It’s urgent to eliminate the low-level repeated production of
medicine. Therefore, to strengthen the administration of medicine is still an
arduous task which each locality and department concerned must attach great
importance to. For the purposes of acting in the spirit of the “Urgent
Circular”, continuing to rectify and regulate the order of medicine production
and sale and strengthening the administration of medicine, the following
matters are hereby circulated with the approval of the State Council:
1. People’s governments at various levels and the relevant departments
shall be fully aware of the importance of strengthening the administration of
medicine.
People’s governments at various levels and the relevant departments shall
be fully aware of the importance of strengthening the administration of
medicine. They must deeply understand the work of importance to the health and
lives of the people, to the social stability, and to the national economy and
social development. Regard must be paid to the administration of medicine and
the quality of medicine as well as the people’s safe, effective, convenient
and timely application of medicine. They must treat the work as a major issue
in order to make some achievements. Facts have proved that, the work of
rectifying and regulating the order of medicine production and sale and
strengthening the administration of medicine depends on the understanding and
determination of people’s governments at various levels and their sense of
responsibility to the people. Local people’s governments at various levels and
the relevant departments shall, proceeding from the general situation,
strengthen the leadership and take effective measures in order to increase the
force in rectifying and regulating the order of medicine production and sale
and to punish the law-breaking and criminal activities strictly. They must
fight against the local protectionism and ensure the application of state laws
and government orders. Principal leaders of local people’s governments at
various levels and the relevant departments shall bear the responsibility for
leading the administration of medicine within their own regions and
departments. Local people’s governments at or above the county level shall on
their own initiatives report the administration of medicine in their
respective regions to, and accept the supervision of, the standing committees
of people’s congresses at their corresponding levels. Supervisory departments
of people’s governments at various levels shall, in accordance with their
functions and the relevant provisions, intensify the supervision over the
enforcement of the Pharmaceutical Administration Law of the People’s Republic
of China (hereinafter referred to as the “Pharmaceutical Administration Law”)
and the “Urgent Circular”. In exercising the supervision over law enforcement,
they shall make supervisory proposals for resolving problems they have found
and shall impose administrative or disciplinary sanctions upon leading cadres
who neglect duties, commit malfeasances, take advantage of their positions for
personal gain, or commit other actions violating laws or disciplines. A higher
level government shall examine seriously and appraise the administration of
medicine conducted by a leading member of its lower level government during
his period of office.
2. Unlawful rebates in purchasing and selling medicine shall be
investigated strictly.
Recently, the demand and acceptance of unlawful rebates, or rebates in the
form of discounts or price reductions, prevails in purchasing and selling
medicine. This kind of illegal activities results in the loss of state taxes
and unfair competition between enterprises, promotes the rise of medicine
price, adds to the burdens of enterprises and patients, disturbs the social
and economic order, corrupts a number of staff members and gives a chance of
law-breaking and criminal activities of manufacturing and selling false and
inferior medicine. It is necessary to make major efforts to conduct a thorough
investigation. The relevant departments under the State Council shall
cooperate closely with each other, coordinate their actions and take effective
measures in order to investigate and punish seriously the law-breaking
activities involving rebates and check resolutely the unhealthy tendency. By
grasping the underlying reasons for this tendency, comprehensive measures
shall be taken to eliminate such phenomena fundamentally.
Administrative departments of health at various levels and administrative
departments in charge of medicine production and sale shall, while building
contingents and conducting the education in professional ethics, pay close
attention to self-examination and rectification of demand for rebates in the
purchase and sale of medicine throughout their own industries. They must also
take further steps to establish and perfect the relevant rules and regulations
for exercising strict control and stopping loopholes. Rebates found out by
self-examination shall be handed over to the treasury department according to
the relevant provisions.
The State Council has decided to carry out a special inspection of the
law-breaking activities involving rebates in the purchase and sale of
medicine. The State Administration for Industry and Commerce has been ordered
to organize the inspection in collaboration with such departments or
organizations as the Ministry of Public Health, the State Administration of
Medicine, the State Administration of Traditional Medicine and the State
Council Office for Correcting Malpractices in All Trades and Professions and
in accordance with a working plan they draw up together. A joint inspection
group shall be established in order to make selective examinations of the
production and sale of medicine in medicine producing and selling enterprises
and medical institutions, with the focus of investigation on typical cases.
Organizations or individuals under investigation shall, in addition to
confiscation of rebates or other unlawful gains they accepted, be punished for
demand for or acceptance of bribes. If a crime has been constituted, the
judicial organs shall investigate the offender for criminal liabilities. Any
organization or individual who commits an offence regardless of state
prohibitions, if the circumstances are serious, shall be punished sternly and
exposed by news media in order to frighten and educate offenders.
For the purposes of dealing with the disorder of medicine prices and
checking malpractices related to rebates, it is necessary to strengthen the
control and supervision of medicine prices and to deepen the reform of
medicine prices.
Medical institutions shall separate the accounting of medical service
income from that of medicine sale income and shall control them separately.
3. The medicine supply in rural areas at the grass-roots level shall be
controlled strictly in order to ensure the people the application of medicine.
The main channel of medicine supply in rural areas at the grass-roots
level shall be amplified and improved. Medicine needed by township’s
hospitals, village’s clinics and private medical clinics in rural areas
shall be planned by administrative departments of health at the county level
in consultation with administrative departments in charge of medicine
production and sale at the county level, and shall be supplied in a unified
way by state-owned medicine (medicinal materials) companies at the county
level. The supply of medicine to villages in some remote border areas that
have not linked up with any supply network for the time being and are thinly
populated shall be entrusted to township’s hospitals or supply and marketing
cooperatives in rural areas. The State Administration of Medicine and the
State Administration of Traditional Medicine shall, within the period of this
year, work out a detailed practical plan for completing the construction of
national networks of medicine supply in rural areas before the year 2000 in
order to ensure the people the safe, effective, convenient and timely
application of medicine.
Administrative departments of health of local people’s governments at
various levels shall finish the inspection of private medical clinics and the
re-issuance of “Practising Permits” within the period of this year. They shall
strengthen the supervision and administration of private medical clinics.
Anyone who illegally sells medicine under the guise of practising medicine
shall be banned and his “Practising Permit” be revoked.
4. Law enforcement shall be intensified in order to rectify the order of
medicine production and sale firmly.
(1) Enterprises and individual businesses engaging in the medicine
production and sale shall be strictly examined and controlled.
The relevant departments under the State Council shall, based on the
results of checking up and rectification conducted at the earlier stage, make
strict self-examination and rectification of the administration of medicine in
their own departments and shall make some achievements therein. People’s
governments at various levels and their administrative departments in charge
of public health, medicine production and sale, and industry and commerce
shall continue to organize forces to check up enterprises and individuals
engaging in the medicine production and sale and shall revoke its
qualification certificate and permit for medicine production and sale and
business licence according to law if any of them violates the Pharmaceutical
Administration Law, the Urgent Circular, and other relevant laws and
regulations. Medicine producers and sellers without any licence or without all
the required certificates shall be firmly banned by the administrative
department of health that takes the lead and collaborates with the
administrative department for industry and commerce, the administrative
department in charge of medicine production and sale and the public security
organ. Administrative departments in charge of medicine production and sale of
people’s governments of provinces, autonomous regions and municipalities
directly under the central government shall supervise the self-examination
conducted by state-owned medicine producing and selling enterprises. If a
state-owned medicine producing and selling enterprise or its agency is
contracted by an individual for business, or transfers or leases its permit or
business licence to another person, such a situation shall be checked up and
rectified within a fixed time limit. If the self-examination and rectification
have not been completed upon the expiration, the person in charge of the
medicine producing and selling enterprise and other persons involved shall be
imposed upon disciplinary sanctions and even the qualification certificate and
permit for medicine production and sale and business licence be revoked
according to law. The tasks above-mentioned shall be finished before July 31,
1996.
Local people’s governments at various levels and the relevant departments
shall further crack down on the law-breaking and criminal activities of
producing and selling false and inferior medicine. They must treat the
investigation and dealing with of cases involving the production and sale of
false and inferior medicine as a major task in the anti-corruption struggle so
as to make an achievement therein.
(2) Medicine varieties and quality shall be controlled strictly and close
attention be paid to the problem regarding the low-level repeated production
of medicine.
Recently, the low-level repeated production of medicine and the
competition for imitating medicine of the same variety have obstructed the
improvement of medicine quality and are detrimental to the research and
development of new variety and the intellectual property protection of
medicine producing enterprises. Such medicine production not only hinders the
progress of medicine industrial modernization, but also aggravates the
disorder of medicine production and sale.
Administrative departments of health of people’s governments of provinces,
autonomous regions and municipalities directly under the central government
shall check up and rectify the medicine production which have been approved
and shall, during the period of such checking up and rectification, suspend
the approval of imitating medicines and health care medicines which have been
assigned registration numbers.
If the protection of a variety of Chinese traditional medicine is applied
for in accordance with the provisions of the “Regulations on the Protection of
the varieties of Chinese Medicine”, the administrative department of health
may not issue a registrated document of approval to other enterprises for the
production of this variety of medicine during the period of time when the
State Examining and Appraising Committee for the Protection of Chinese
Medicine Varieties accepts the application and appraises the medicine variety.
The administrative department in charge of medicine production and sale shall,
in consultation with other competent departments, guide medicine producing
enterprises in adjusting the structure of products in order to resolve as soon
as possible the problem regarding the low-level repeated production of the
same medicine variety.
The administrative department of health shall, in consultation with other
competent departments, organize an inspection of medicine quality of the same
variety. Medicine inspection organs at various levels shall strengthen the
inspection and selective examination of medicine quality. If a batch of
medicines in stock for leaving factory does not meet the medicine standards of
the state or of the province, autonomous region and municipality directly
under the central government upon a selective examination, and does not meet
the standards again when being re-examined, its registrated document of
approval shall be resolutely withdrawn according to law.
Medical units shall, in strict accordance with the provisions of the
“Pharmaceutical Administration Law”, restrict medicinal preparations made by
themselves to those which are used by themselves for clinical needs and in
scientific research but cannot be supplied or adequately supplied on the
market. They are not permitted to make any other medicinal preparation. It is
prohibited to sell, or sell in a disguised form, medicinal preparations made
by a medical unit on the market. If any medical unit has been found to sell or
sell in a disguised form medicinal preparations on the market, it shall
resolutely be disqualified from making medicinal preparations and its
dispensing permit be revoked.
In order to put an end to the repeated production of medicine due to
excessive medicine producing enterprises, any medicine producing enterprise
newly established shall be examined and approved by the Ministry of Public
Health together with the State Administration of Medicine and the State
Administration of Traditional Medicine before completing the formalities
concerning the application, examination and approval according to the relevant
provisions. The construction of new, expanded and reconstructed medicine
producing enterprises or workshops shall conform to the Guidelines on Quality
Control of Medicine Producing Enterprises (GMP) and shall pass the
authentication before the issuance of the Qualification Certificate for
Medicine Producing Enterprise and the Licence for Medicine Producing
Enterprise. The Ministry of Public Health, the State Administration of
Medicine and the State Administration of Traditional Medicine shall jointly
work out a programme to rectify and transform within a fixed time limit
enterprises that have not conformed to GMP. Enterprises that fail to meet the
standards upon the expiration shall be closed down.
(3) All trade fairs for medicine shall be banned and steps be sped up to
rectify and regulate special markets for traditional medicinal materials.
Local people’s governments shall urge the competent departments to ban
resolutely trade fairs for medicine according to law. All kinds of trade fairs
for medicine, which operate under the guise of a medicine sales prohibition
center, medicine information center, Chinese traditional medicine world,
health food wholesale market, special market for traditional medicinal
materials, etc., must be closed down. Problems arising from the work shall be
resolved.
The State Administration of Medicine, the State Administration of
Traditional Medicine, the Ministry of Public Health, the State Administration
for Industry and Commerce and local people’s governments concerned shall speed
up the rectification and regulation of special markets for traditional
medicinal materials. Some special markets which are located in central areas
growing traditional medicinal materials of major varieties in history, or in
traditional distribution centers for medicinal materials shall be rectified
and regulated in strict accordance with the provisions of the Circular
Concerning the Issuance of the Standards for Rectifying Special Medicinal
Materials Markets formulated jointly by the competent departments under the
State Council (i.e. the Document guozhongyiyaosheng No.7[1995], hereinafter
referred to as the “Standards”). They must undergo the formalities regarding
the report, examination, acceptance and approval as soon as possible in order
to provide experience for rectifying and regulating special markets. Existing
special markets, if they conform to the relevant provisions of the “Standards”
through rectification, with permits and licences issued according to statutory
procedures, may continue business and shall be managed strictly. Those not
conforming to the “Standards” shall be closed down.
The work of rectifying and regulating the order of medicine production and
sale must be finished before September 30, 1996.
People’s governments of provinces, autonomous regions and municipalities
directly under the central government and the relevant departments under the
State Council shall take measures as required by this Circular and make joint
efforts to improve the administration of medicine. The relevant departments of
people’s governments at various levels shall cooperate and support each other
and may not pass the buck to each other. The Ministry of Supervision, the
Ministry of Public Health, the State Administration for Industry and Commerce,
the State Administration of Medicine, the State Administration of Traditional
Medicine and other competent departments shall organize a joint inspection
group when necessary to make selective examinations of each locality’s
strengthening the administration of medicine by means of observation and
investigation. The joint inspection group shall investigate local governments
responsible for the disorder of the administration of medicine and leading
members in charge of the relevant departments for corresponding liabilities
according to law and shall issue circulars of criticism therefor.
CIRCULAR OF THE MINISTRY OF FINANCE ON ISSUES CONCERNING FINANCIAL REGISTRY OF ENTERPRISES WITH FOREIGN INVESTMENT
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The Ministry of Finance Circular of the Ministry of Finance on Issues Concerning Financial Registry of Enterprises with Foreign Investment CaiGongZi [1996] No.260 July 29, 1996 Departments (bureaus) of finance of various provinces, autonomous regions, municipalities directly under the Central Government and Recently, some inquiries about the financial registry of Chinese-foreign equity joint ventures and contractual joint ventures co-established According to the relevant provisions, enterprises with foreign investment should accomplish financial registry at the Ministry of The offices of financial supervision commissioners and local financial administrations should coordinate the financial management |
The Ministry of Finance
1996-07-29
CIRCULAR OF THE PEOPLE’S BANK OF CHINA ON ISSUING THE PROVISIONS ON THE SETTLEMENT AND SALE OF AND PAYMENT IN FOREIGN EXCHANGE
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The People’s Bank of China Circular of the People’s Bank of China on Issuing the Provisions on the Settlement and Sale of and Payment in Foreign Exchange Decree [1996] No.1 of the People’s Bank of China June 20, 1996 Chapter I General Provisions Article 1 These Provisions are formulated with a view to achieving convertibility of the Renminbi for current account transactions through the Article 2 Banks involved in foreign exchange business shall comply with these Provisions in conducting businesses related to the settlement Article 3 Domestic entities shall promptly repatriate all foreign exchange from abroad unless otherwise authorized by the government. Article 4 Domestic entities, resident individuals, foreign establishments in China and foreign nationals shall comply with these Provisions Article 5 When receiving foreign exchange and making external payments in foreign exchange through banks involved in foreign exchange business, Chapter II Settlement and Sale of and Payment in Foreign Exchange for Current Account Transactions Article 6 Except as provided in Article 7 , 8 and 10 of these Provisions with respect to the coverage and quantity for foreign exchange settlement, 1. Export proceeds for goods in foreign exchange or foreign exchange income generated from entrepot business characterized by an initial 2. Foreign exchange earned by successful international competitive bidding for contracts funded by overseas loans; 3. Foreign exchange earned from domestic duty-free shops administered by the customs authorities; 4. Foreign exchange earned by provision of goods or services in connection with transportation (inclusive of all means of transportation), 5. All types of administrative fees, fines and confiscation in foreign exchange collected by administrative and judicial agencies; 6. Foreign exchange received for the transfer of intangible assets such as land use right, copyright, trademark, patent, non-patent technologies 7. Profits in foreign exchange repatriated by enterprises with direct investment abroad, foreign exchange earnings generated from foreign 8. Compensation for claims abroad and refund for security deposit in foreign exchange; 9. Foreign exchange income generated from property rentals and other types of foreign assets; 10. Foreign exchange income from insurance companies for writing insurance policies denominated in foreign currency; 11. Net foreign exchange income from financial institutions duly authorized under the License for Foreign Exchange Business; 12. Foreign exchange from overseas grants, sponsorships and aid programs; and 13. Other types of foreign exchange that shall be sold to designated foreign exchange banks in accordance with provisions of the State Article 7 Domestic entities (exclusive of enterprises with foreign investment) may apply to the State Administration of Exchange Control or 1. Foreign exchange received in the course of normal business operations by companies undertaking contracts, providing labour, engaging 2. Foreign exchange collected for payments on the part of those businesses that act as an agent for international transactions; 3. Foreign exchange under suspense account, including overseas security deposit for tender bond, performance bond, receipts for later 4. Insurance premiums in foreign exchange received by insurance companies for providing insurance and reinsurance abroad and insurance Article 8 Foreign exchange earmarked for external payments for grants, sponsorships and payments under aid agreement can be retained subject Article 9 The following types of foreign exchange can be retained: 1. Foreign exchange held by foreign embassies and consulates, resident offices of international organizations and other foreign legal 2. Personal holdings of foreign exchange by residents and visitors from abroad. Article 10 Enterprises with foreign investment may retain their foreign earnings derived from current account transactions below the ceiling Article 11 The sale of any foreign currency in cash for an equivalent amount exceeding US$10,000 shall require the customer to present to the Article 12 Based on the permission to open foreign exchange accounts under Article 7 , 8, 9 and 10 of these Provisions, domestic entities, foreign Article 13 Domestic entities may make external payments from their own foreign exchange accounts or with the purchased foreign exchange at designated 1. For the import of goods under a documentary letter of credit/payment guarantee, in case of the purchase of foreign exchange for opening 2. For the import of goods under document collection, the import contract, the Verification Certificate for the Foreign Exchange Payment 3. For the import of goods under remittance payment, the import contract, the Verification Certificate for the Foreign Exchange Payment 4. For an advance payment not exceeding 15 per cent of the total contract value or exceeding 15 per cent but in an amount of less than For the import of such goods among the foregoing four types of imports subject to import quota or import control given their special 5. For transportation and insurance expenses for imports, the import contract and the original receipts for transportation and insurance 6. For implicit commissions not exceeding 2 per cent of the total contract value and explicit commissions of 5 per cent or any other 7. For the residual payment for imports, the import contract, Verification Certificate for the Foreign Exchange Payment of Imports and 8. For other subordinate charges, such as charges for the provision of written materials, technical know-how and information, the import 9. For purchase of goods from bonded areas and bonded warehouses and purchase of imported exhibits, valid documents specified in Section 10. For import of intangible assets such as patents, copyrights, trademarks, computer software, etc, the import contract or agreement 11. For refund and compensation related to exports, the foreign exchange sale receipt or notice for payment, claim form, claim settlement 12. For security deposit required by tender bond for overseas contracts, tender documents shall be presented; and for performance bond Article 14 For the following types of external payment to be made by domestic entities for trade and non-trade related commercial purposes, the 1. Payments for duty-free imports made by businesses duly authorized by the State Council to sell duty free goods within the prescribed 2. Payments made by airline, ocean freight, railway departments (businesses) for charges related to international transportation, equipment 3. Food and other types of allowance paid by airline, ocean freight and railway transportation departments (businesses) to their crew 4. Post and telecommunication expenses incurred abroad by post and telecommunication departments. Article 15 The following types of external payment can be made from their own foreign exchange account of the domestic entities or from the purchased 1. Advance payments for goods exceeding the prescribed percentage and amount as stipulated in Section 13.4; 2. Commissions exceeding the prescribed percentage and amount as stipulated in Section 13.6; 3. External payments under entrepot characterized by an initial payment with later reimbursement; 4. Interest payment for external debt; and 5. Cash withdraw exceeding an equivalent of US$10,000. Article 16 Interest payment by domestic entities for loans in foreign currency extended by domestic financial institutions can be made from their Article 17 The provision of foreign exchange for the budgetary agencies, institutions and social organizations for non-trade and non-commercial Article 18 The provision of foreign exchange for extra-budgetary domestic entities can be made from their own foreign exchange accounts or with 1. For expenses involved covering exhibitions, trade and investment promotion programs, training programs, film and television programs 2. For expenses involved covering promotion programme abroad, foreign aid, grants, membership dues to international organizations, registration 3. For expenses involved covering the start-up fees and annual budget for establishing overseas representative offices, the approval 4. For examination fees paid abroad by the foreign examination co- ordination centers under the State Education Commission, the contract 5. For expenses involved in arranging for trade mark, copy right registration, application for patent and other legal or consulting services, 6. For traveling expenses on business trips abroad, the travel approval issued by the duly authorized government department shall be The provision of foreign exchange for such non-commercial activities listed in items 1 to 6 can be made from the customers’ foreign Article 19 The provision of foreign exchange for personal travel abroad shall proceed in accordance with the Provisions on the Provision of Foreign Article 20 The following types of legitimate income for resident individuals who migrate abroad can be sent abroad with the purchased foreign 1. For interest on deposit in Renminbi, the statement for interest on deposit in Renminbi shall be presented; 2. For rental income from property, the rent agreement and statement issued by the property rent agencies shall be presented; and 3. For income generated from other assets, the relevant documents and income statement shall be presented. Article 21 For repatriation of profits and dividends after tax by the foreign counterpart in an enterprise with foreign investment, the payment For remittance of salary in Renminbi after tax by foreign, overseas Chinese employees and those from Hong Kong, Macao and Taiwan, Article 22 For dividends to be paid in foreign currencies based on the relevant provisions, the payment can be made from the customers’ own foreign Article 23 For remittance of legitimate income in Renminbi by foreign establishments in China and foreign nationals, the payment can be made Article 24 For remittance of sale proceeds in Renminbi by foreign establishments in China and foreign nationals for personal effects, equipment Article 25 Foreign nationals in China, overseas Chinese and Chinese compatriots of Hong Kong, Macao and Taiwan may, prior to their exit, exchange Chapter III Settlement and Sale of and Payment in Foreign Exchange Capital Account Transactions Article 26 Domestic entities shall open up foreign exchange accounts for capital account transactions at banks involved in foreign exchange business. Article 27 The following types of foreign exchange belonging to domestic entities can not be sold to designated foreign exchange banks without 1. Foreign exchange brought in by overseas legal persons or natural persons for direct investment in China; 2. Foreign exchange proceeds from overseas loans and the issue of bonds or shares denominated in foreign currency; and 3. Other types of foreign exchange derived from capital account transactions duly approved by the SAEC. Except export proceeds under collection, loan proceeds in foreign currency collected in China and international commercial loans raised Article 28 Foreign exchange proceeds from the sale of property or other assets by domestic entities to people abroad can be sold to designated Article 29 For repayment of loan principal in foreign exchange by domestic entities to Chinese financial institutions in China, the payment can Article 30 Domestic entities may apply to the SAEC for foreign exchange for the following capital account transactions upon the presentation 1. For repayment of principal of foreign debt, the registration certificate for foreign debt, loan agreement and notice for principal 2. For external guarantee, the contract for guarantee, Registration Certificate for Guarantee in Foreign Exchange and payment notice 3. For remittance of investment fund abroad, the approval issued by the government department in charge and investment contract shall 4. For authorized capital input in foreign exchange contributed by Chinese counterparts in the enterprises with foreign investment, the Article 31 For the increase, transfer and other forms of disposal of capital in foreign exchange by the enterprises with foreign investment, The investment of capital in foreign exchange in China by the investment enterprises with foreign investment and the use of retained Chapter IV Supervision on the Settlement and Sale of and Payment in Foreign Exchange Article 32 Enterprises with foreign investment may settle and sell foreign exchange at designated foreign exchange banks or in foreign exchange Article 33 Before making external payment from customers’ own foreign exchange accounts, banks involved in foreign exchange business shall verify Article 34 Having completed a transaction for the settlement and sale of foreign exchange, designated foreign exchange banks shall stamp the Article 35 Designated foreign exchange banks shall quote the buying and selling rate to banks’ customers on the basis of middle exchange rate Article 36 The payment from customers’ own foreign exchange accounts or with the purchased foreign exchange shall proceed on such a date provided Article 37 With a view to reducing exchange rate risk related to future payments or debt servicing for customers, designated foreign exchange Article 38 The payment for the import of goods under barter trade can not be made with the purchased foreign exchange or from customers’ own Article 39 Banks involved in foreign exchange business are obliged to send to the SAEC reports on the settlement and sale of and payment in foreign Designated foreign exchange banks shall formulate an internal monitoring system for the settlement and sale of foreign exchange and Article 40 Domestic entities shall open foreign exchange accounts at the banks involved in foreign exchange business of their choice in the place For foreign exchange derived from current account transactions for enterprises with foreign investment, they may open foreign exchange Article 41 Banks involved in foreign exchange business and other domestic entities involved in the settlement and sale of and payment in foreign Chapter V Supplementary Provisions Article 42 The power of interpretation for these Provisions rests with the State Administration of Exchange Control. Article 43 These Provisions shall enter into force as of July 1, 1996. The Interim Provisions on the Settlement and Saleof and Payment in Foreign |
The People’s Bank of China
1996-06-20
INTERIM MEASURES FOR THE ADMINISTRATION OF EXAMINATIONS FOR EDUCATIONAL PURPOSES HELD JOINTLY BY CHINESE AND FOREIGN INSTITUTIONS
|
The State Education Commission Interim Measures for the Administration of Examinations for Educational Purposes Held Jointly by Chinese and Foreign Institutions the State Education Commission May 10, 1996 Article 1 These Measures are formulated for the purpose of standardizing and strengthening administration of examinations for educational purposes Article 2 “Examinations for educational purposes held jointly by China and foreign institutions” referred to in these Measures are examinations Article 3 Institutions outside the territory of China may not hold examinations for educational purposes by themselves within the territory Article 4 Examinations jointly held shall fit in with the needs of China. The contents and practices of these examinations shall tally with Article 5 The State Education Commission shall be in charge of examinations for educational purposes held jointly by Chinese and foreign institutions, Article 6 The following conditions shall be satisfied if such an examination is to be held: (1) The Chinese side involved in the examination shall have to be an institution for examination at the provincial level; (2) The foreign side involved in the examination shall have to be an institution which has the qualifications for examinations for educational (3) Items of and regulations for the examination shall have to be clearly specified; (4) Both the sides involved in the examination shall have their own locations, names, and organizational set-ups; and (5) The necessary conditions for holding the examination shall have to be satisfied. Article 7 The institutions which are given the permission to hold jointly examinations for educational purposes shall independently assume civil Article 8 Chinese institutions of examinations for educational purposes at the provincial level shall, as a rule, hold such examinations only Article 9 To hold jointly an examination for educational purposes, the Chinese side shall go through the formalities of report and application. (1) a written application, and the articles of association for holding such an examination; (2) the certificate showing the legal status of the foreign institution; (3) the feasibility report for the examination; (4) The certificate showing the validity of the examination; (5) specifications of the personnel for the examination affairs and of examination facilities; (6) sources of funds for the examination and the responsibilities and obligations shouldered by each side; and (7) the agreement for jointly holding such an examination and other relevant documents required by the authorities for examination and Article 10 Examination institutions shall decide to offer such examinations in their respective regions according to the actual needs. They shall Article 11 Examination institutions for holding such examinations may issue certificates of a non-academic-credential nature to those examinees No foreign institutions may confer certificates on examinees without the approval of the Administrative Department of Education of Article 12 Chinese examination institutions involved in such examinations may employ directors of the examination sites, chief examiners, and The qualifications and responsibilities of examination staff shall be decided with reference to the relevant regulations for the personnel Article 13 For approved projects for jointly holding examinations, examination procedures shall be made and implemented during the examinations. Article 14 Examination papers and answer sheets are confidential. Their delivery, reception, confidentiality, and destruction shall be carried Article 15 At each examination site, fair competition shall be ensured and violation of the examination discipline and cheating on examinations Article 16 Each examination site may not hold training classes related to the examination. Article 17 Each examination site shall collect an examination fee in accordance with pertinent regulations (not including projects which have Article 18 Examination institutions shall have the responsibility of directing, supervising, and administrating their examination sites. Specific (1) leakage of examination questions or allowing it to spread without doing anything to check it; (2) serious violation of the procedure for the examination; (3) encouraging or shielding acts of cheating by examinees; (4) collecting fees illegally in the name of the examination; and (5) other acts of breach of discipline. The cancellation of an examination site shall have to be approved by the administrative department of education of the province, autonomous Article 19 Institutions jointly holding such examinations shall submit annual work report to the administrative department of education of the Article 20 Institutions jointly holding such examinations may, with the approval of the administrative department of education of the province, (1) failure to fulfill the expected goals; (2) shortage of examinees, and lack of funds to manage the routine operation; and (3) failure by one side to undertake the promised responsibilities and duties. Article 21 Institutions jointly holding examinations may, according to the seriousness of the case, face punishments by the State Education Commission (1) jointly holding examinations for educational purposes or setting up examination sites in China without approval or without going through (2) applying for holding examinations by fraud and deception; (3) making illicit profit on the false pretences of jointly holding examinations for educational purposes; (4) violating seriously examination procedures during the examination; and (5) violating other laws, statutes, and regulations of China. Article 22 If the person concerned is not satisfied with the decision on administrative punishment formulated in these Measures, he may apply Article 23 These Measures shall enter into force as of the date of promulgation. |
The State Education Commission
1996-05-10
REGULATIONS ON THE PROTECTION OF SURVEYING MARKERS
| Category | URBAN AND RURAL CONSTRUCTION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-09-04 | Effective Date | 1997-01-01 |
|
Regulations of the People’s Republic of China on the Protection of Surveying Markers |
|---|
(Promulgated by Decree No.203 of the State Council of the People’s
Republic of China on September 4, 1996)
Article 1 These Regulations are formulated in accordance with the
“Surveying and Mapping Law of the People’s Republic of China” with a view to
strengthening the protection and management of surveying markers.
Article 2 These Regulations shall be applicable to the surveying markers
placed in the territorial air, land and waters of the People’s Republic of
China, as well as other sea areas under the jurisdiction of the People’s
Republic of China.
Article 3 The surveying markers are state-owned and constitute
infrastructure of national economic construction and scientific research.
Article 4 The surveying markers referred to in these Regulations shall
mean:
(1) wooden signals, steel signals and stone markers built above-ground,
underground or on constructions and of various orders and classes,
established at triangulation points, baseline points, traverse points,
military control points, gravimetric points, astronomic points and leveling
points, satellite global positioning control points, as well as fixed markers
used for topographic mapping, engineering surveying and deformation
measurement and such other permanent surveying markers as installations at
seabed geodetic points;
(2) temporary surveying markers in use in surveying.
Article 5 The competent department of surveying and mapping
administration under the State Council shall be in charge of the nationwide
protection work of surveying markers. Other department concerned under the
State Council shall, in accordance with the division of responsibilities as
defined by the State Council, be responsible for managing the protection work
of the special surveying markers of their respective departments.
The department of surveying and mapping administration of the local
people’s government at and above the county level shall be responsible for
the protection work of the surveying markers within its administrative area.
The competent department of surveying and mapping in the armed forces
shall be responsible for managing the protection work of the surveying
markers of the military departments, and shall, in accordance with the
division of responsibilities as defined by the State Council and the Central
Military Commission, be responsible for the management of the protection work
of basic marine surveying markers.
Article 6 Local people’s governments at and above the county level shall
strengthen the leadership of the protection work of surveying markers and
enhance citizens’ consciousness of protecting surveying markers according to
law.
People’s governments at the township level shall do a good job of
protection management of the surveying markers within their respective
administrative areas.
Article 7 Reward shall be given to any unit and individual for
outstanding achievements in the protection of permanent surveying markers.
Article 8 Construction of permanent surveying markers shall meet the
following requirements:
(1) the surveying and mapping data and standards prescribed by the
State shall be employed;
(2) selection of the position of points shall be conducive to the
permanent protection and management of the surveying markers;
(3) shall be in keeping with other requirements by law and regulations.
Article 9 Marked signs shall be put up for permanent surveying markers
in the establishment of permanent surveying markers; special signboard made
under unified supervision of the competent department of surveying and
mapping administration under the State Council shall be put up in the
establishment of basic surveying markers.
Article 10 Occupation and use of land required for the establishment of
permanent surveying markers shall be an area of 36-100 squaremeters for
above-ground markers and an area of 16-36 squaremeters for underground
markers.
Article 11 The unit and individual concerned shall not interfere in and
obstruct the use of land in keeping with law for the establishment of
permanent surveying markers or building of permanent surveying markers on
constructions.
Article 12 The State shall implement the system of voluntary care of
surveying markers.
The department that installs permanent surveying markers shall entrust an
appropriate unit or personnel of the locality where the permanent surveying
markers are installed for taking care of such surveying markers, sign letter
of authorization for taking care of such surveying markers defining in clear
terms the rights and obligations of the trustor and the trustee, and the
letter of authorization shall be transmitted by the trustor to the township
government and departments of surveying and mapping administration of the
people’s government at and above the county level for the record.
Article 13 The unit and personnel responsible for taking care of the
surveying markers shall carry out regular inspection of the surveying markers
under their care; a timely report shall be made to the local township
government which shall transmit the report to the department of surveying and
mapping administration of the people’s government at and above the county
level upon discovery of shifting, damage or destruction of the surveying
markers.
Article 14 The unit and personnel responsible for taking care of the
surveying markers are empowered to stop, report and sue the acts of shifting,
damaging, destroying and pilfering. No unit or individual shall obstruct and
take revenge.
Article 15 The State shall implement the system of compensatory
employment of the surveying markers; however, employment of the surveying
markers for military surveying and mapping missions is excluded. Revenue
accrued from compensatory employment of the surveying markers shall be used
for the maintenance and repair of the surveying markers, and shall not be
used for other purposes. Specific measures shall be formulated by the
department of surveying and mapping administration under the State Council
in conjunction with the department of price management under the State
Council.
Article 16 Surveying and mapping personnel, when employing permanent
surveying markers, must hold surveying and mapping work certificates, accept
the supervision of the department of surveying and mapping administration at
and above the county level and the inquiry by unit and personnel responsible
for taking care of the surveying markers to ensure that the surveying markers
remain in good condition.
Article 17 Maintenance plans shall be implemented for the protection of
surveying markers.
National maintenance plan for surveying markers shall be drawn up by the
competent department of surveying and mapping administration under the State
Council in conjunction with other relevant departments under the State
Council.
The departments of surveying and mapping administration of the people’s
governments of provinces, autonomous regions and municipalities directly
under the Central Government shall, in accordance with the national
maintenance plan for surveying markers, organize relevant departments of
their respective level in drawing up maintenance plans for surveying markers
within their respective administrative areas, organize and coordinate the
unified implementation by relevant departments and units.
Article 18 Departments which establish permanent surveying markers
shall, in accordance with maintenance procedures for surveying markers
prescribed by the State, carry out regular maintenance of permanent surveying
markers to ensure the normal utilization of the surveying markers.
Article 19 A construction unit shall, in carrying out engineering
construction, seek to get around permanent surveying markers; if it is
absolutely impossible to get around such markers and necessary to have them
shifted or rendered ineffective, the engineering construction unit shall
undergo the following procedures of approval:
(1) Removal and shifting of basic surveying markers or rendering basic
surveying markers ineffective shall be approved by the competent department
of surveying and mapping administration under the State Council or by the
departments of surveying and mapping administration of the people’s
governments of provinces, autonomous regions and municipalities directly
under the Central Government;
(2) Removal and shifting of special permanent surveying markers of
departments concerned or rendering special permanent surveying markers of
departments concerned ineffective shall have the agreement of the departments
that establish the surveying markers and be approved by the departments of
surveying and mapping administration of the people’s governments of
provinces, autonomous regions and municipalities directly under the Central
Government.
The unit and personnel concerned responsible for taking care of the
surveying markers shall likewise be informed of the removal and shifting of
permanent surveying markers.
Article 20 The engineering construction unit shall, in accordance with
relevant provisions of the State, pay expenses of shifting and reconstruction
to departments of surveying and mapping administration of the people’s
governments of provinces, autonomous regions and municipalities directly
under the Central Government for the approved removal and shifting of basic
surveying markers or rendering basic surveying markers ineffective.
The engineering construction unit shall, in accordance with relevant
provisions of the State, pay expenses of shifting and reconstruction to the
department that establishes the surveying markers for the approved removal
and shifting of special surveying markers of the department concerned or
rendering the special surveying markers of the department concerned
ineffective; the engineering construction unit shall, in accordance with
relevant provisions of the State, pay expenses of shifting and reconstruction
to departments of surveying and mapping administration of the people’s
governments of provinces, autonomous regions and municipalities directly
under the Central Government in case of failure to locate the department
concerned that establishes the special surveying markers.
Article 21 Reconstruction of the permanent surveying markers shall be
organized and carried out by the department that receives the fund for the
shifting and reconstruction of surveying markers.
Article 22 Surveying markers are protected by the State. The following
acts harmful to the safety of the surveying markers or that render the
surveying markers ineffective are forbidden:
(1) damage, destruction or shifting without authorization of underground
or above-ground permanent surveying markers and temporary surveying markers
in use;
(2) burning wasteland, farming, earth-gathering, or sand-excavating
within the occupied land area of a surveying marker, or seize and occupy the
land used for permanent surveying markers;
(3) quarrying, demolition, shooting(firing) or installing high-voltage
power lines in areas fifty meters from permanent surveying markers;
(4) building of constructions within the occupied land area of a
surveying marker affecting effectiveness of the surveying marker;
(5) installing of communication facility, watch tower, tents, tying of
cattle or other appendixes that may damage and destroy the surveying marker
on such marker;
(6) demolition without authorization of constructions with surveying
markers or removal of surveying markers on the constructions;
(7) other acts harmful to the safety and effectiveness of surveying
markers.
Article 23 Those who have committed one of the acts forbidden under
Article 22 of these Regulations or have committed one of the following acts
shall be ordered by the department of surveying and mapping administration of
the people’s government at and above the county level to make corrections
with a specified time period, be served a warning and be imposed a fine under
RMB 50,000 in the light of the extent of seriousness of the case; those in
charge who have direct responsibilities and other personnel directly
responsible shall be given administrative penalty according to law; those who
have caused losses shall undertake the responsibility of compensation
according to law:
(1) interference or obstruction of the construction unit of surveying
markers in the use of land in accordance with law or in the establishment of
permanent surveying markers on constructions;
(2) Removing and shifting permanent surveying markers by an engineering
construction unit without authorization and approval or rendering permanent
surveying markers ineffective, or refusing to pay the expenses of shifting
and reconstruction in accordance with the relevant provisions of the State;
(3) causing damage to permanent surveying markers in conducting
surveying and mapping against the operational procedures of surveying and
mapping;
(4) using permanent surveying markers without certificate and rejecting
the supervision of the department of surveying and mapping administration of
the people’s government at and above the county level and refusing to respond
to the inquiry of the unit and personnel responsible for taking care of the
surveying markers.
Article 24 Staff members of the department of surveying and mapping
administration shall be given administrative penalties according to law for
negligence of duty, abuse of power and malpractice for selfish gains.
Article 25 Those who have violated the provisions of these Regulations
and should receive administrative penalty shall be punished in accordance
with the provisions of the Regulations on Administrative Penalties for Public
Security; those who have committed criminal offenses shall be investigated
for criminal responsibilities in accordance with law.
Article 26 These Regulations shall go into effect as of January 1, 1997.
The “Regulations on the Protection of Surveying Markers” promulgated by the
State Council on January 7, 1984 shall be annulled as of the same date.
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AMENDING THE MINERAL RESOURCES LAW
| Category | GEOLOGY, MINERAL RESOURCES AND ENERGY INDUSTRY | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-08-29 | Effective Date | 1997-01-01 |
|
Decision of the Standing Committee of the National People’s Congress on Amending the Mineral Resources Law of the People’s Republic |
|---|
The Decision
Appendix: MINERAL RESOURCES LAW OF THE PEOPLE’S REPUBLIC OF CHINA
Contents
Chapter I General Provisions
Chapter II Registration for Mineral Exploration and Examination and
Chapter III Mineral Exploration
Chapter IV Mineral Exploitation
Chapter V Collective Mining Enterprises and Mining by Individuals
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Appendix: Related articles in the Criminal Law
(Adopted at the 21st Meeting of the Standing Committee of the Eighth
National People’s Congress and promulgated by Order No.74 of the President of
the People’s Republic of China on August 29, 1996)
The Decision
The 21st Meeting of the Standing Committee of the Eighth National People’s
Congress has decided to make the following amendments to the Mineral Resources
Law of the People’s Republic of China:
1. The first paragraph of Article 3 is amended as: “Mineral resources
shall be owned by the state. The State Council shall exercise the ownership
of mineral resources on behalf of the state. The state ownership of mineral
resources, either near the earth’s surface or underground, shall not change
with the ownership or right to the use of the land which the mineral resources
are attached to.”
The third paragraph of Article 3 is amended as: “Anyone who wishes to
explore and exploit mineral resources shall apply for the rights of
exploration and mining separately according to law and acquire them with
approval, and shall go through registration, except those mining enterprises
which conduct the exploration operations for their own production within the
defined mining areas when having acquired the mining right according to law.
The state shall protect rights of exploration and mining from violation and
protect order in production and other work in the mining and exploration areas
from interference and disruption.”
Add a new paragraph thereto as the fourth paragraph: “Anyone who is
engaged in the exploration and exploitation of mineral resources shall be
qualified to meet requirements.”
2. The Article 4 is amended as: “The state shall guarantee the lawful
rights and interests of mining enterprises established according to law in the
exploitation of mineral resources.
“The state-owned mining enterprises shall be the principal force in
exploiting mineral resources. The state shall guarantee the consolidation and
expansion of state-owned mining industry.”
3. The Article 5 is amended as: “The state shall adopt the system by which
the rights of exploration and mining are to be acquired with compensation.
However, the compensation for the acquisition of the exploration and mining
rights may be reduced or exempt by the state according to circumstances. The
specific measures and implementation procedures shall be formulated by the
State Council.
“Anyone who exploits mineral resources must pay resources tax and
compensation in accordance with relevant state provisions.”
4. The fourth paragraph of Article 3 is changed into Article 6 and amended
as: “Exploration and mining rights may not be transferred with the exception
of those as prescribed by the following provisions:
“(1) The explorer shall be enpost_titled to conduct the approved exploration
operations within the defined exploration area and to enjoy priority in the
acquisition of the mining right in the area. He may transfer his exploration
right to another person with lawful approval, provided that the minimum
investment in the exploration has been made as required.
“(2) In the event of the merger or division of enterprise, or joint
investment or joint operation with others, or in the event of a sale of assets
or other changes in assets property which need change in the owner of mining
right, a mining enterprise vested with the mining right may transfer its right
to another person for mining with lawful approval.
“The State Council shall formulate the specific measures and
implementation procedures for the provisions in the preceding paragraph.
“It is forbidden to resell rights of exploration and mining for profit.”
5. Article 10 is changed into Article 12 and amended as: “The state shall
adopt a unified registration system for mineral exploration areas. The
department in charge of geology and mineral resources under the State Council
shall be responsible for registering the exploration of mineral resources. The
State Council may authorize relevant departments to handle registration of the
exploitation of special kinds of mineral ores. The procedures for registration
of mineral exploration areas shall be formulated by the State Council.”
6. The first paragraph of Article 13 and Article 26 are combined as
Article 15 and amended as: “Anyone who intends to establish a mining
enterprise shall be qualified as required by the state, and the approval
authority shall examine his application as to the limits of the mining area,
design or mining plan, production technique and safety and environmental
protection measures in accordance with the law and relevant state provisions.
Approval shall be granted if it finds the enterprise meets these requirements.”
7. The second paragraph of Article 13 and Article 14 are combined as
Article 16 and amended as: “The exploitation of the following mineral
resources shall be subject to the approval of the department in charge of
geology and mineral resources under the State Council and a mining licence
shall be issued upon approval.
“(1) mineral resources within the mining areas which are to be exploited
under the state plan, and which are of great value to the national economy;
“(2) mineral resources of at least large-scale recoverable reserves
outside the areas prescribed in the preceding item;
“(3) special kinds of minerals for which protective mining is prescribed
by the state;
“(4) mineral resources within the territorial seas and other sea areas
under the jurisdiction of China; or
“(5) other kinds of minerals prescribed by the State Council.
“The exploitation of special kinds of minerals such as petroleum, natural
gas and radioactive minerals may be approved by the relevant departments
authorized by the State Council and a mining licence shall be issued upon
approval.
“The exploitation of other mineral resources than those prescribed in the
first and second paragraphs shall, if their recoverable reserves are medium in
scale, be subject to the approval of the departments in charge of geology and
mineral resources of the people’s governments of provinces, autonomous regions
and municipalities directly under the Central Government and a mining licence
shall be issued upon approval.
“Procedures for the administration of exploiting other mineral resources
than those prescribed in the first, second and third paragraphs shall be
formulated according to law by the standing committees of the people’s
congresses of provinces, autonomous regions, or municipalities directly under
the Central Government.
“Materials regarding the examination and approval of mineral exploitation
and the issuance of mining licences under the provisions of the third and
fourth paragraphs shall be collected and reported by the departments in charge
of geology and mineral resources of the people’s governments of provinces,
autonomous regions and municipalities directly under the Central Government to
the State Council for the record.
“The standard for dividing mineral reserves into large- and medium-scale
reserves shall be set by the mineral reserves approval agency of the State
Council.”
8. The third paragraph of Article 16 and Article 36 are combined as
Article 19 and amended as: “Local people’s governments at various levels shall
take measures to maintain the normal order in mining areas of state-owned
mining enterprises and other mining enterprises which are located within their
administrative regions.
“No unit and individual may enter and mine in mining areas of state-owned
mining enterprises and other mining enterprises which are established by
others according to law.”
9. Article 34 is changed into Article 35 and a new paragraph added thereto
as the second paragraph: “Individuals are prohibited from exploiting mineral
resources which reserves are suitable for a mining enterprise to mine, special
kinds of minerals for which protective mining is prescribed by the state, and
other mineral resources for which mining by individuals is prohibited by the
state.”
10. Article 39 is amended as: “Anyone who, in violation of the provisions
of this Law, mines without a mining licence, enters without authorization and
mines in mining areas that the state has planned to develop, or in mining
areas with ores of significant value to the national economy, or exploits
special kinds of minerals that the state has prescribed for protective
exploitation shall be ordered to stop excavation, compensate for the losses
caused, have his extracted mineral products and unlawful proceeds confiscated,
and may be fined concurrently. If the party refuses to stop mining and thus
causes damage to mineral resources, the persons directly responsible shall be
investigated for criminal responsibility in accordance with the provisions of
Article 156 of the Criminal Law.
“Any unit or individual who enters and mines in mining areas of the
state-owned and other mining enterprises which are established by others
according to law shall be punished according to the provisions of the
preceding paragraph.”
11. The second paragraph of Article 42 is amended as: “Anyone who, in
violation of the provisions of Article 6 of this Law, resells rights of
exploration and mining for profit shall have his unlawful proceeds
confiscated, be fined and have his exploration and mining licences revoked.”
12. Article 44 is amended as: “Anyone who, in violation of the provisions
of this Law, exploits mineral resources in a destructive way shall be fined
and may have his mining licence revoked; If heavy damage has been caused to
mineral resources, the persons directly responsible shall be investigated for
criminal responsibility in accordance with the provisions of Article 156 of
the Criminal Law.”
13. Article 45 is amended as: “The administrative penalties prescribed in
Articles 39, 40 and 42 of this Law shall be decided by departments in charge
of geology and mineral resources under the people’s governments at or above
the county level within the limits of their authority prescribed by the
department in charge of geology and mineral resources under the State Council.
The administrative penalties prescribed in Article 43 shall be decided by
administrative departments for industry and commerce under the people’s
governments at or above the county level. The administrative penalties
prescribed in Article 44 shall be decided by departments in charge of geology
and mineral resources under the people’s governments of provinces, autonomous
regions, or municipalities directly under the Central Government. The penalty
of revoking the exploration and mining licences shall be decided by the
departments that issue the licences.
“If any department fails to give an administrative penalty, when it ought
to do so in accordance with the provisions of Articles 39, 40, 42 and 44, the
department in charge of geology and mineral resources under the people’s
government at the higher level shall have the authority to order it to make
corrections or shall directly give the administrative penalty.”
14. Article 46 is amended as: “A party who refuses to accept the decision
on administrative penalties may apply for reconsideration according to law or
may directly bring suit in a people’s court according to law.
“If the party neither applies for reconsideration nor brings suit in a
people’s court nor complies with the decision on administrative penalties
within the time limit, the agency that made the decision shall request the
people’s court to compel execution of the decision.”
15. Add a new article as Article 47: “If any of state functionaries who
supervises and administers the exploration and exploitation of mineral
resources or any of other relevant state functionaries, by engaging in
malpractice for his personal gains, abusing his power or neglecting his duty
and in violation of the provisions of this Law, grants an approval of the
exploration and exploitation of mineral resources and issues exploration and
mining licences, or fails to check and punish the unlawful mining activities
according to law, when a crime has been constituted, the offender shall be
investigated for criminal responsibility according to law; a disciplinary
sanction shall be given when the action does not constitute a crime. The
department in charge of geology and mineral resources under the people’s
government at the higher level shall have the authority to withdraw the
exploration and mining licences issued unlawfully.
16. Add a new article as Article 48: “Whoever by means of force or threat
obstructs the performance of duty by a state functionary who supervises and
administers the exploration and exploitation of mineral resources according to
law shall be investigated for criminal responsibility in accordance with the
provisions of Article 157 of the Criminal Law. If anyone, without resorting to
force and threat, refuses or obstructs the performance of duty by a state
functionary who supervises and administers the exploration and exploitation of
mineral resources according to law, the public security organ shall punish him
in accordance with the provisions of the Regulations on Administrative
Penalties for Public Security.”
17. Add a new article as Article 50: “If there are other provisions in
laws and regulations concerning the exploration and exploitation of mineral
resources with foreign investment, such provisions shall apply.”
18. “State-operated mining enterprises” mentioned in this Law shall be
amended as “state-owned mining enterprises” and “collective mining enterprises
of villages and towns” amended as “collective mining enterprises”.
This Decision comes into force on January 1, 1997.
The Mineral Resources Law of the People’s Republic of China shall be
republished after being correspondingly revised according to this Decision.
Appendix: MINERAL RESOURCES LAW OF THE PEOPLE’S REPUBLIC OF CHINA
(Adopted at the 15th Meeting of the Standing Committee of the Sixth National
People’s Congress on March 19, 1986, and revised according to the Decision on
amending the Mineral Resources Law of the People’s Republic of China adopted
at the 21st Meeting of the Standing Committee of the Eighth National People’s
Congress on August 29, 1996)
Contents
Chapter I General Provisions
Chapter II Registration for Mineral Exploration and Examination and
Approval of Mineral Exploitation
Chapter III Mineral Exploration
Chapter IV Mineral Exploitation
Chapter V Collective Mining Enterprises and Mining by Individuals
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution of
the People’s Republic of China, with a view to developing the mining industry,
to promoting the exploration, development, utilization and protection of
mineral resources and to ensuring the present and long-term requirements of
socialist modernization.
Article 2 This Law must be observed in exploring and exploiting mineral
resources within the territory of the People’s Republic of China and in the
sea areas under its jurisdiction.
Article 3 Mineral resources shall be owned by the state. The State
Council shall exercise the ownership of mineral resources on behalf of the
state. The state ownership of mineral resources, either near the earth’s
surface or underground, shall not change with the ownership or right to the
use of the land which the mineral resources are attached to.
The state shall safeguard the rational development and utilization of mineral resources. Seizing or damaging
mineral resources by any means and by
any organization or individual shall be forbidden. People’s governments at all
levels must make serious efforts to protect mineral resources.
Anyone who wishes to explore and exploit mineral resources shall apply for
the rights of exploration and mining separately according to law and acquire
them with approval, and shall go through registration, except those mining
enterprises which conduct the exploration operations for their own production
within the defined mining areas when having acquired the mining right
according to law. The state shall protect rights of exploration and mining
from violation and protect order in production and other work in the mining
and exploration areas from interference and disruption.
Anyone who is engaged in the exploration and exploitation of mineral
resources shall be qualified to meet requirements.
Article 4 The state shall guarantee the lawful rights and interests of
mining enterprises established according to law in the exploitation of mineral
resources.
The state-owned mining enterprises shall be the principal force in
exploiting mineral resources. The state shall guarantee the consolidation and
expansion of state-owned mining industry.
Article 5 The state shall adopt the system by which the rights of
exploration and mining are to be acquired with compensation. However, the
compensation for the acquisition of the exploration and mining rights may be
reduced or exempt by the state according to circumstances. The specific
measures and implementation procedures shall be formulated by the State
Council.
Anyone who exploits mineral resources must pay resources tax and
compensation in accordance with relevant state provisions.
Article 6 Exploration and mining rights may not be transferred with the
exception of those as prescribed by the following provisions:
(1) The explorer shall be enpost_titled to conduct the approved exploration
operations within the defined exploration area and to enjoy priority in the
acquisition of the mining right in the area. He may transfer his exploration
right to another person with lawful approval, provided that the minimum
investment in the exploration has been made as required.
(2) In the event of the merger or division of enterprise, or joint
investment or joint operation with others, or in the event of a sale of assets
or other changes in assets property which need change in the owner of mining
right, a mining enterprise vested with the mining right may transfer its right
to another person for mining with lawful approval.
The State Council shall formulate the specific measures and implementation
procedures for the provisions in the preceding paragraph.
It is forbidden to resell rights of exploration and mining for profit.
Article 7 With regard to the exploration and development of mineral
resources, the state shall practise the policy of unified planning, rational
distribution, comprehensive exploration, rational exploitation and
comprehensive utilization.
Article 8 The state shall encourage scientific-technical research on the
exploration and development of mineral resources, popularize advanced
technology and raise the scientific-technical level of mineral exploration and
development.
Article 9 Any organization or individual that has achieved remarkable
success in the exploration, development and protection of mineral resources
and in scientific-technical research shall be rewarded by the people’s
governments at various levels.
Article 10 In exploiting mineral resources in national autonomous areas,
the state shall give due consideration to the interests of those areas and
make arrangements favourable to the areas’ economic construction and to the
production and livelihood of the people of local minority nationalities.
The organs of self-government of national autonomous areas shall, in
accordance with legal provisions and the unified state plan, have priority for
rationally developing and utilizing the mineral resources that may be
developed by local authorities.
Article 11 The department in charge of geology and mineral resources
under the State Council shall be responsible for supervision and
administration of the exploration and development of mineral resources
throughout the country. Other departments concerned under the State Council
shall assist the department in change of geology and mineral resources under
the State Council in supervising and administering the exploration and
exploitation of mineral resources.
The departments in charge of geology and mineral resources under the
people’s governments of provinces, autonomous regions, and municipalities
directly under the Central Government shall be in charge of supervising and
administering the exploration and exploitation of mineral resources within
their respective administrative areas. Other departments concerned under the
people’s governments of provinces, autonomous regions, and municipalities
directly under the Central Government shall assist the departments in charge
of geology and mineral resources at the same level in supervising and
administering the exploration and exploitation of mineral resources.
Chapter II Registration for Mineral Exploration and Examination and
Approval of Mineral Exploitation
Article 12 The state shall adopt a unified registration system for
mineral exploration areas. The department in charge of geology and mineral
resources under the State Council shall be responsible for registering the
exploration of mineral resources. The State Council may authorize relevant
departments to handle registration of the exploitation of special kinds of
mineral ores. The procedures for registration of mineral exploration areas
shall be formulated by the State Council.
Article 13 The mineral reserves approval agency of the State Council or
mineral reserves approval agencies of provinces, autonomous regions, and
municipalities directly under the Central Government shall be responsible for
the examination and approval of the prospecting reports to be used for mine
construction designing and shall, within the prescribed time limit, give
official replies to the units that submitted the reports. Unless a prospecting
report is approved, it may not be used as the basis for mine construction
designing.
Article 14 Archives of mineral exploration results and statistics of
reserves of various kinds of minerals shall be subject to unified management,
and shall be collected or compiled for submission to the competent authorities
in accordance with the stipulations of the State Council.
Article 15 Anyone who intends to establish a mining enterprise shall be
qualified as required by the state, and the approval authority shall examine
his application as to the limits of the mining area, design or mining plan,
production technique and safety and environmental protection measures in
accordance with the law and relevant state provisions. Approval shall be
granted if it finds the enterprise meets these requirements.
Article 16 The exploitation of the following mineral resources shall be
subject to the approval of the department in charge of geology and mineral
resources under the State Council and a mining licence shall be issued upon
approval.
(1) mineral resources within the mining areas which are to be exploited
under the state plan, and which are of great value to the national economy;
(2) mineral resources of at least large-scale recoverable reserves outside
the areas prescribed in the preceding item;
(3) special kinds of minerals for which protective mining is prescribed by
the state;
(4) mineral resources within the territorial seas and other sea areas
under the jurisdiction of China; or
(5) other kinds of minerals prescribed by the State Council.
The exploitation of special kinds of minerals such as petroleum, natural
gas and radioactive minerals may be approved by the relevant departments
authorized by the State Council and a mining licence shall be issued upon
approval.
The exploitation of other mineral resources than those prescribed in the
first and second paragraphs shall, if their recoverable reserves are medium in
scale, be subject to the approval of the departments in charge of geology and
mineral resources of the people’s governments of provinces, autonomous regions
and municipalities directly under the Central Government and a mining licence
shall be issued upon approval.
Procedures for the administration of exploiting other mineral resources
than those prescribed in the first, second and third paragraphs shall be
formulated according to law by the standing committees of the people’s
congresses of provinces, autonomous regions, or municipalities directly under
the Central Government.
Materials regarding the examination and approval of mineral exploitation
and the issuance of mining licences under the provisions of the third and
fourth paragraphs shall be collected and reported by the departments in charge
of geology and mineral resources of the people’s governments of provinces,
autonomous regions and municipalities directly under the Central Government to
the State Council for the record.
The standard for dividing mineral reserves into large- and medium-scale
reserves shall be set by the mineral reserves approval agency of the State
Council.
Article 17 Mining areas which are to be exploited under the state plan,
those which are of great value to the national economy and special kinds of
minerals for which protective mining is prescribed by the state, shall be
exploited by the state in a planned way. No unit or individual may be
permitted to exploit them without the approval of the department in charge
under the State Council.
Article 18 After defining, according to law, the limits of the mining
areas that are to be exploited under the state plan, mining areas that are of
great value to the national economy and mining areas of mining enterprises,
the competent departments responsible for defining such areas shall inform the
relevant people’s government at the county level to make a public announcement.
Any change in the mining area of a mining enterprise must be reported to
and approved by the original approval department, and a new mining licence
must be obtained from the department that issued the original mining licence.
Article 19 Local people’s governments at various levels shall take
measures to maintain the normal order in mining areas of state-owned mining
enterprises and other mining enterprises which are located within their
administrative regions.
No unit and individual may enter and mine in mining areas of state-owned
mining enterprises and other mining enterprises which are established by
others according to law.