Home China Laws 2002 Page 12

2002

CIRCULAR OF THE STATE COUNCIL ON EXPANDING THE EXTENT OF AUTHORITY OF PROVINCES, AUTONOMOUS REGIONS AND SEPARATE PLANNING CITIES AND RELEVANT DEPARTMENTS OF THE STATE COUNCIL OVER EXAMINATION AND APPROVAL OF PROJECTS FOR INTRODUCTION OF DIRECT INVESTMENT BY FOREIGNERS

Category  GENERAL Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-08-22 Effective Date  1996-08-22  


Circular of the State Council on Expanding the Extent of Authority of Provinces, Autonomous Regions and Separate Planning Cities
and Relevant Departments of the State Council Over Examination and Approval of Projects for Introduction of Direct Investment by
Foreigners

(August 22, 1996)

    To further open to the outside world, facilitate sustained, fast and
healthy development of national economy, and to create conditions for reducing
inter-regional gaps, the State Council has decided to properly expand the
extent of authority of following units over examination and approval of
projects for introduction of direct foreign investment: inland provinces,
autonomous regions and separate-planning cities; relevant ministries and
commissions, closely affiliated institutions of the State Council; China
Academy of Sciences; Shipping Industry General Corp.; Ordnance Industry
General Corp.; Aviation Industry General Corp.; Aerospace Industry General
Corp.; Nuclear Industry General Corp.; Oil and Chemical Industry General
Corp.; Nonferrous Metals Industry General Corp.; General Logistics Department
of the PLA.

    When examining any productive project for introduction of direct foreign
investment which conforms with the Temporary Provisions on Direction of
Investment by Foreigners and the Guiding List of Industries for Investment by
Foreigners, and for which the Chinese partner has no problem with investment,
construction, production and business operation and can satisfy the demand for
foreign exchange through their own balance arrangement, abovementioned
localities, ministries and units may extend their jurisdiction over
examination and approval of such a project from former limit of maximum total
investment value of USD 10,000,000 to the new limit of maximum total
investment of USD 30,000,000. After approval is obtained, the project shall be
reported to the State Planning Commission or the State Economy and Trade
Commission for record depending on the construction category of the project.
The contract and articles of association of the projected enterprise shall be
reported to the Ministry of Foreign Economic relations and Trade for record.

    This Circular comes into force as of the date of promulgation.






INTERIM MEASURES FOR ADMINISTRATION OF THE FOREIGN EXCHANGE REGISTRATION OF ENTERPRISES WITH FOREIGN INVESTMENT

The State Administration of Foreign Exchange

Interim Measures for Administration of the Foreign Exchange Registration of Enterprises with Foreign Investment

HuiZiHanZi [1996] No.187

June 28, 1996

Article 1

These Measures are formulated in order to improve the foreign exchange administration of enterprises with foreign investment by setting
up an administration system of foreign exchange registration.

Article 2

Enterprises here refer to Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures, and foreign-capital enterprises
registered within Chinese territory.

Article 3

The State Administration of Foreign Exchange and its branches and sub-branches (hereinafter SAFE) are the administration organs in
charge of foreign exchange registration.

Article 4

Within 30 days of acquiring the Business License for a Legal Person of the People’s Republic of China, enterprises shall go through
the formalities of foreign exchange registration with the domiciled branch of SAFE. When applying for the registration, enterprises
shall fill in the Registration Form on Basic Information of Enterprises with Foreign Investment and present following documents (duplicate
copies):

1.

approval documents and Approval Certificate for establishment issued by the competent organ.

2.

Business License for Legal Person of the PRC issued by the State Administration for Industry and Commerce.

3.

the approved and valid enterprise contract and constitution.

4.

other documents required by SAFE.

Domestic or overseas subsidiaries of the enterprise that has registered with the domiciled branch of SAFE do not need to go through
the formalities of foreign exchange registration separately.

Article 5

After examining the documents submitted by the enterprises, SAFE shall issue Foreign Exchange Registration Certificate of Enterprises
with Foreign Investment (hereinafter Registration Certificate) to the qualified applicant.

The Registration Certificate shall be designed centrally by SAFE headquarter.

Article 6

After acquiring the Registration Certificate, the enterprise shall open foreign exchange accounts with designated foreign exchange
banks on the strength of the Registration Certificate and Notice for Opening an Account issued by SAFE in accordance with Interim
Measures for Administration of Domestic Foreign Exchange Accounts of Enterprises of Foreign Investment.

After opening a foreign exchange account for the enterprise, the designate foreign exchange bank shall note its own name, currency,
the account number, nature of the account, date of opening in the appropriate columns on the Registration Certificate, as well as
stamp it with its own seal.

Article 7

SAFE shall make an annual-inspection on the Registration Certificate. Inspected Registration Certificate shall be valid. The term
of validity shall be one year.

Article 8

After going through the formalities of the Registration Certificate, in case of name, address, and business scope changes, or share
transfers, capital increase, and merge, relevant documents shall be submitted to SAFE for the record in time after industry and commerce
registration and apply for the change of the Registration Certificate.

Article 9

Upon the expiration or early termination of the term of an enterprise, after disbanding as approved by the original competent organ,
shall go through the formalities of registration cancellation with SAFE within 30 days after liquidation. The Registration Certificate
shall be surrendered to SAFE. Foreign exchange accounts shall be closed.

Article 10

In case of losing the Registration Certificate, the enterprise shall report to SAFE in a timely fashion. After verifying it the truth,
SAFE shall issue a make-up Registration Certificate.

Article 11

Registration Certificate shall not be forged, altered, rent, transferred, or sold to others.

Article 12

In cases of those who violate these Measures, SAFE shall, in accordance with the seriousness of the case, impose fines of RMB 1,000-10,000.

Article 13

The right to interpret these Measures resides in SAFE. These Measures shall enter into force as of July 1, 1996.



 
The State Administration of Foreign Exchange
1996-06-28

 







DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE REVISION OF THE STATISTICS LAW

Category  STATISTICS Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1996-05-15 Effective Date  1996-05-15  


Decision of the Standing Committee of the National People’s Congress Regarding the Revision of the Statistics Law of the People’s
Republic of China


Appendix: STATISTICS LAW OF THE PEOPLE’S REPUBLIC OF CHINA
Contents
Chapter I  General Provisions
Chapter II  Plans for Statistical Investigations and the Statistical
Chapter III  The Administration and Publication of Statistical Data
Chapter IV  Statistical Organs and Personnel
Chapter V  Legal Responsibility
Chapter VI  Supplementary Provisions

(Adopted at the 19th Meeting of the Standing Committee of the Eighth

National People’s Congress on May 15, 1996 and promulgated by Order No.65 of
the President of the People’s Republic of China on the same date)

    The 19th Meeting of the Standing Committee of the Eighth National People’s
Congress has decided to revise the Statistics Law of the People’s Republic of
China as follows:

    1. Article 2 is amended as: “The fundamental task of statistical work is
to make statistical investigations and analyses of national economic and
social development, to provide statistical data and advice and to exercise
statistical supervision.”

    2. The first paragraph of Article 3 is amended as: “The state organs,
public organizations, enterprises, institutions, self-employed industrialists
and businessmen, and other objects of statistical investigation, shall, in
accordance with the provisions of this Law and state provisions, provide
statistical data truthfully. They may not make false entries or conceal
statistical data, and they may not report statistical data belatedly or refuse
to submit statistical reports. Falsification and tampering of statistical data
shall be prohibited.”

    3. Article 5 is amended as two paragraphs: “The state shall attach
importance to scientific researches on statistical item systems and constantly
improve methods of statistical investigation so as to increase the scientific
reliability and truthfulness of statistics.

    “The state shall, in a planned way, introduce modern techniques of
statistical information processing and transmission and update database
systems.”

    4. Add a new paragraph to Article 6, which is the second paragraph:
“Statistical work shall be under the supervision of the general public. Any
unit or person has the right to expose and report frauds and deceptions and
other illegal acts committed in statistical work. Awards shall be given to
units and persons for meritorious service in exposing and reporting illegal
acts.”

    5. The second paragraph of Article 6 is changed into the first paragraph
of Article 7 and two new paragraphs are added thereto, which are the second
and third paragraphs of Article 7 respectively: “Leading members of all
localities, departments and units may not force or incite statistical organs
and personnel to tamper with or falsify statistical data. Statistical organs
and personnel shall refuse and resist leading members who order or incite them
to tamper with or falsify statistical data, and shall submit truthful
statistical data in accordance with the provisions of this Law and the rules
governing statistical work, and be responsible for the truthfulness of
statistical data submitted by themselves.

    “Statistical organs and personnel shall be protected by law when
performing functions according to law. Leading members of all localities,
departments and units may not retaliate against statistical personnel who
refuses or resists to tamper with or falsify statistical data.”

    6. Article 9 is changed into Article 10 and three new paragraphs added
thereto as the first, third and fourth paragraphs respectively:

    The first paragraph reads: “Statistical investigations shall be based on
periodical general surveys, composed mainly of regular sample surveys, and
complemented with necessary statistical reports and forms, key surveys and
comprehensive analyses, in order to collect and compile basic statistical
data.”

    The third and fourth paragraphs read: “Prior to a regular sample survey,
basic statistical units and their distributions shall be ascertained and the
scientific sample framework be established according to the approved sample
survey scheme.

    “The issue of periodical comprehensive statistical reports and forms to
units at the grass-roots level must be rigorously restricted. If statistical
data can be collected through sample survey, key survey, or administration
records, periodical comprehensive statistical reports and forms may not be
drawn up and issued.”

    7. Article 11 is changed into Article 12 and amended as: “Objects of
statistical investigation concerned have the right to refuse to fill in
statistical investigation forms drawn up and issued in violation of this Law
and relevant state provisions.”

    Add a new paragraph as the second paragraph: “It is prohibited to make use
of statistical investigations to steal state secrets, infringe upon social and
public interests or practise fraud.”

    8. Article 13 is changed into Article 14 and a new paragraph added thereto
as the third paragraph, which reads: “State statistical data shall be
determined according to those as published by the State Statistical Bureau.”

    9. Article 14 is changed into Article 15 and a new paragraph added thereto
as the second paragraph, which reads: “Statistical organs and personnel have
the duty to keep confidential business secrets known by them from the objects
of statistical investigation in such statistical investigations.”

    10. Article 18 is changed into Article 19 and a new paragraph added
thereto as the third paragraph, which reads: “Enterprises and institutions
shall keep original statistical records and statistical master-files,
establish and improve systems of administration in such regards as examining
and checking, handing over, and filing of statistical data.”

    11. Article 19 is changed into Article 20 and Item (3) thereof amended as:
“to make statistical analyses of and exercise statistical supervision over
national economic and social development and to organize the accounting of
national economy according to the State Council provisions.”

    Add a new paragraph thereto as the second paragraph, which reads: “The
Statistical Bureau shall handle state statistical information automation
systems and statistical database systems.”

    12. Article 22 is changed into Article 23 and amended as: “Statistical
personnel have the powers:

    “(1) to require units or persons concerned to provide statistical data
truthfully in accordance with state provisions;

    “(2) to check the accuracy of statistical data and to ask for correction
of incorrect statistical data; and

    “(3) to expose and report any illegal act done in statistical
investigation work.”

    Add a new paragraph as the second paragraph: “In performing duties
according to the provisions of the preceding paragraph and making statistical
investigations, statistical personnel shall show objects of statistical
investigation working certificates issued by statistical organs of people’s
governments at or above the county level.”

    13. Article 23 is changed into Article 24 and amended as: “Statistical
personnel should persist in seeking truth from facts, stick to professional
ethics and possess the professional knowledge necessary for carrying out
statistical tasks. Statistical organs should provide professional training and
organize professional studies for statistical personnel.”

    14. Before Article 25 a new paragraph is added as Article 26, which reads:
“Where a leading member of locality, department or unit revises or falsifies
statistical data by himself, or forces or incites a statistical organ or
statistical personnel to tamper with or falsify statistical data, he shall be
imposed upon disciplinary sanction according to law and criticized through a
circular by the statistical organ of a people’s government at or above the
county level.

    “Where a leading member of locality, department or unit retaliates against
statistical personnel who refuses or resists to tamper with or falsify
statistical data, he shall be imposed upon disciplinary sanction according to
law; if a crime has been constituted, criminal responsibility shall be
investigated.

    “Where statistical personnel involves himself in tampering with or
falsifying statistical data, the statistical organ of a people’s government at
or above the county level shall issue a circular to criticize him and impose
upon him disciplinary sanction according to law, or propose to the competent
department for imposition of disciplinary sanction according to law.”

    15. Article 25 is changed into Article 27 and amended as: “Where an object
of statistical investigation commits any of the following illegal acts, the
statistical organ of a people’s government at or above the county level shall
order it to make correction and issue a circular to criticize it; if the
circumstances are rather serious, disciplinary sanctions may be according to
law imposed upon the person in charge directly responsible and other person
directly responsible.

    “(1) making false entries in statistical data or concealing statistical
data;

    “(2) falsifying or tampering with statistical data; or

    “(3) refusing to submit statistical reports or repeated late reporting of
statistical data.

    “Where an enterprise, institution, or self-employed industrialist or
businessman who commits any of the illegal acts mentioned in the preceding
paragraph, the people’s government at or above the county level shall give a
warning and may concurrently impose a fine. A fine may not be imposed
concurrently, however, if the same offender has been fined for the same
illegal act under other provisions of law.”

    16. Delete Article 26, then add five new articles as Articles 28, 29, 30,
31 and 32 respectively:

    (1) “Article 28  Where anyone, in violation of the provisions of this Law,
tampers with or falsifies statistical data, thereby being conferred upon a
honourable post_title, or given a material reward, or promoted, the department
making relevant decisions or its higher department or the department of
administrative supervision shall deprive him of his honourable post_title, recover
the material reward or remove him from the office to which he was promoted.”

    (2) “Article 29  Where anyone makes use of statistical investigations to
steal state secrets, or violates the provisions of this Law for the protection
of secrets, he shall be punished according to provisions of relevant laws.

    “Where anyone makes use of statistical investigations to infringe upon
social and public interests or to practise fraud, the statistical organ of a
people’s government at or above the county level shall order him to make
correction, confiscate the illegal gains, and may concurrently impose a fine;
if a crime has been constituted, criminal responsibility shall be investigated
according to law.”

    (3) “Article 30  Where any statistical organ or personnel, in violation of
the provisions of this Law, divulges single item investigation data concerning
any private individual or his family, or business secrets of objects of
statistical investigation, if loss or damage has been resulted in, it or he
shall bear civil responsibility according to law, and the person in charge
directly responsible and other person directly responsible shall be imposed
upon disciplinary sanctions according to law.”

    (4) “Article 31  Where a state organ, in violation of the provisions of
this Law, draws up and issues statistical investigation forms without
examination or filing, the statistical organ of a people’s government at or
above the county level shall order it to make correction and issue a circular
to criticize it.”

    (5) “Article 32  The State Council shall formulate measures for the
administration of nongovernmental statistical investigations.

    “In case of statistical investigations made within the territory of the
People’s Republic of China by organizations and individuals from aboard, prior
approval shall be obtained according to the provisions of law. The State
Council shall formulate specific measures therefor.”

    17. This Decision comes into force on the date of promulgation. If the
provisions in relevant administrative regulations and local regulations and
rules, which were formulated according to the Statistical Law of the People’s
Republic of China prior to the implementation of this Decision, conflict with
this Decision, this Decision shall prevail.

    In addition, part articles shall be correspondingly adjusted and amended
in wording according to this Decision.

    The Statistical Law of the People’s Republic of China shall be republished
after being correspondingly revised according to this Decision.
Appendix: STATISTICS LAW OF THE PEOPLE’S REPUBLIC OF CHINA
(Adopted at the Third Meeting of the Standing Committee of the Sixth National
People’s Congress on December 8, 1983, and revised according to the Decision
Regarding the Revision of the Statistics Law of the People’s Republic of China
adopted at the 19th Meeting of the Standing Committee of the Eighth National
People’s Congress on May 15, 1996)
Contents

    Chapter I    General Provisions

    Chapter II   Plans for Statistical Investigations and the Statistical

                 System

    Chapter III  The Administration and Publication of Statistical Data

    Chapter IV   Statistical Organs and Personnel

    Chapter V    Legal Responsibility

    Chapter VI   Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated in order to organize statistical work in
an effective and scientific manner, to ensure accuracy and timeliness of
statistical data, to bring into play the important role of statistics in
comprehending the actual condition and strength of the country as well as in
guiding national economic and social development, and to promote the smooth
progress of the socialist modernization.

    Article 2  The fundamental task of statistical work is to make statistical
investigations and analyses of national economic and social development, to
provide statistical data and advice and to exercise statistical supervision.

    Article 3  The state organs, public organizations, enterprises,
institutions, self-employed industrialists and businessmen, and other objects
of statistical investigation, shall, in accordance with the provisions of this
Law and state provisions, provide statistical data truthfully. They may not
make false entries or conceal statistical data, and they may not report
statistical data belatedly or refuse to submit statistical reports.
Falsification and tampering of statistical data shall be prohibited.

    Autonomous mass organizations at the grass-roots level and citizens have
the duty to provide truthful information needed for state statistical
investigations.

    Article 4  The state shall establish a centralized and unified statistical
system, with a statistical administrative structure under unified leadership
and with each level assuming responsibility for its own work.

    A State Statistical Bureau shall be established under the State Council to
be responsible for organizing, directing and coordinating the statistical work
throughout the county.

    People’s governments at all levels and all departments, enterprises and
institutions may, according to the needs of their statistical work, set up
statistical organs and staff them with statistical personnel.

    Article 5  The state shall attach importance to scientific researches on
statistical item systems and constantly improve methods of statistical
investigation so as to increase the scientific reliability and truthfulness of
statistics.

    The state shall, in a planned way, introduce modern techniques of
statistical information processing and transmission and update database
systems.

    Article 6  Leading members of all localities, departments and units shall
direct and supervise statistical organs and personnel and other personnel
concerned in enforcing this Law and the rules governing statistical work.

    Statistical work shall be under the supervision of the general public. Any
unit or person has the right to expose and report frauds and deceptions and
other illegal acts committed in statistical work. Awards shall be given to
units and persons for meritorious service in exposing and reporting illegal
acts.

    Article 7  Leading members of all localities, departments and units may
not revise the statistical data provided by statistical organs and personnel
in accordance with the provisions of this Law and the rules governing
statistical work; if they find any error in data computation or in data
sources, they shall instruct the statistical organs and personnel and other
personnel concerned to make verification and corrections.

    Leading members of all localities, departments and units may not force or
incite statistical organs and personnel to tamper with or falsify statistical
data. Statistical organs and personnel shall refuse and resist leading members
who order or incite them to tamper with or falsify statistical data, and shall
submit truthful statistical data in accordance with the provisions of this Law
and the rules governing statistical work, and be responsible for the
truthfulness of statistical data submitted by themselves.

    Statistical organs and personnel shall be protected by law when performing
functions according to law. Leading members of all localities, departments and
units may not retaliate against statistical personnel who refuses or resists
to tamper with or falsify statistical data.

    Article 8  Statistical organs and personnel shall adopt the system of
responsibility for work. They shall, in accordance with the provisions of this
Law and the rules governing statistical work, truthfully provide statistical
data, accurately and promptly accomplish the task of statistical work and
protect state secrets.

    In accordance with the provisions of this Law, statistical organs and
personnel shall exercise, independently and free from interference, their
functions and powers with regard to statistical investigations, statistical
reports and statistical supervision.
Chapter II  Plans for Statistical Investigations and the Statistical
System

    Article 9  Statistical investigations shall be conducted in accordance
with an approved plan. A statistical investigation plan shall be drawn up
according to statistical investigation items.

    State statistical investigation items shall be worked out by the State
Statistical Bureau, or by the State Statistical Bureau jointly with the
relevant department or departments of the State Council, and shall be
submitted to the State Council for examination and approval.

    Statistical investigation items of a department shall be worked out, if
the units to be investigated lie within its jurisdiction, by the department
itself and shall be reported to the State Statistical Bureau or to a
statistical organ of a local people’s government at the same level for the
record; if the units to be investigated lie beyond its jurisdiction the
investigation items shall be worked out by the department and shall be
reported to the State Statistical Bureau or to a statistical organ of a local
people’s government at the same level for examination and approval, but the
important items shall be reported to the State Council or a local people’s
government at the same level for examination and approval.

    Local statistical investigation items shall be worked out by statistical
organs of local people’s governments at or above the county level, or by
statistical organs of local people’s governments at or above the county level
jointly with the relevant department or departments, and shall all be reported
to local people’s governments at the same level for examination and approval.

    In the event of serious natural calamities or other unforeseeable
situations, local people’s governments at or above the county level may decide
to take interim investigations beyond the original plan.

    In drawing up a plan for statistical investigation items, it is necessary
to draw up simultaneously appropriate statistical investigation forms, which
shall be reported to the State Statistical Bureau or a statistical organ of a
local people’s government at the same level for examination or for the record.

    State, departmental and local statistical investigations must be
explicitly divided in their functions. They should be made to dovetail with
each other and not overlap.

    Article 10  Statistical investigations shall be based on periodical
general surveys, composed mainly of regular sample surveys, and complemented
with necessary statistical reports and forms, key surveys and comprehensive
analyses, in order to collect and compile basic statistical data.

    For important general surveys of the condition and strength of the country
where the joint efforts of different quarters are required, the State Council
and local people’s governments at various levels shall exercise unified
leadership and organize joint execution by statistical organs and other
departments concerned.

    Prior to a regular sample survey, basic statistical units and their
distributions shall be ascertained and the scientific sample framework be
established according to the approved sample survey scheme.

    The issue of periodical comprehensive statistical reports and forms to
units at the grass-roots level must be rigorously restricted. If statistical
data can be collected through sample survey, key survey, or administration
records, periodical comprehensive statistical reports and forms may not be
drawn up and issued.

    Article 11  The state shall formulate unified statistical standards to
ensure standardization of definitions of statistical items, computing methods,
classification catalogue, investigation forms and statistical coding employed
in statistical investigations.

    The state statistical standards shall be formulated by the State
Statistical Bureau or by the State Statistical Bureau jointly with the State
Bureau of Standards.

    The various departments of the State Council may formulate supplementary
departmental statistical standards. Departmental statistical standards may
not conflict with the state statistical standards.

    Article 12  Objects of statistical investigation concerned have the right
to refuse to fill in statistical investigation forms drawn up and issued in
violation of this Law and relevant state provisions.

    It is prohibited to make use of statistical investigations to steal state
secrets, infringe upon social and public interests or practise fraud.
Chapter III  The Administration and Publication of Statistical Data

    Article 13  Statistical data within the scope of state and local
statistical investigations shall be separately placed under the unified
administration of the State Statistical Bureau, the statistical organs of
local people’s governments at and above the county level or the statisticians
of townships and towns.

    Statistical data within the scope of departmental statistical
investigations shall be placed under the unified administration of statistical
organs or persons in charge of statistics of competent departments.

    Statistical data of enterprises and institutions shall be placed under the
unified administration of statistical organs or persons in charge of
statistics of the enterprises and institutions.

    Article 14  Statistical data shall, in accordance with the state
provisions, be published periodically by the State Statistical Bureau and
statistical organs of the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government.

    Statistical data to be published by various localities, departments and
units shall be checked and ratified by the statistical organs or persons in
charge of statistics as prescribed in Article 13 of this Law, and shall be
submitted for examination and approval according to procedures stipulated by
the state.

    State statistical data shall be determined according to those as published
by the State Statistical Bureau.

    Article 15  Statistical data pertaining to state secrets must be kept
confidential. Single item investigation data concerning any private individual
or his/her family shall not be divulged without the consent of the said person.

    Statistical organs and personnel have the duty to keep confidential
business secrets known by them from the objects of statistical investigation
in such statistical investigations.
Chapter IV  Statistical Organs and Personnel

    Article 16  Independent statistical organs shall be established in local
people’s governments at and above the county level, and people’s governments
of townships and towns shall be staffed with full-time or part-time
statisticians, who shall be responsible for organizing, guiding and
coordinating the statistical work in their respective administrative areas.

    Article 17  The administrative structure with regard to statistical organs
of local people’s governments at and above the county level and statisticians
of townships and towns shall be specifically prescribed by the State Council.

    The sizes of the staff of statistical organs of local people’s governments
at various levels shall be prescribed by the state in a unified way.

    Article 18  The departments of the State Council and local people’s
governments at various levels shall, according to the needs of their
statistical work, establish statistical organs, or staff relevant organs with
statistical personnel, and appoint persons in charge of statistics. These
statistical organs and persons in charge of statistics are, in statistical
work, under the direction of the State Statistical Bureau or statistical
organs of local people’s governments at the corresponding level.

    Article 19  Enterprises and institutions shall, according to the needs of
their statistical work, establish statistical organs or staff relevant organs
with statistical personnel, and appoint persons in charge of statistics.

    Enterprises and institutions shall fulfil state or local statistical
investigation tasks and accept the direction of statistical organs of local
people’s governments.

    Enterprises and institutions shall keep original statistical records and
statistical master-files, establish and improve systems of administration in
such regards as examining and checking, handing over, and filing of
statistical data.

    Article 20  The main functions of the State Statistical Bureau and
statistical organs of local people’s governments at various levels are as
follows:

    (1) to draw up plans for statistical investigations and map out and
inspect statistical work throughout the country or in their respective
administrative areas;

    (2) to organize state and local statistical investigations and to collect,
compile and provide statistical data of the wh

TOWNSHIP ENTERPRISES

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1996-10-29 Effective Date  1997-01-01  


Law of the People’s Republic of China on Township Enterprises



(Adopted at the 22nd Meeting of the Standing Committee of the Eighth

National People’s Congress on October 29, 1996, promulgated by Order No.76
of the President of the People’s Republic of China on October 29, 1996)

    Article 1  This Law is formulated for the purpose of supporting and
guiding township enterprises to develop steadily and healthily, protecting
the legal rights and interests of township enterprises, standardizing their
behaviors, promoting the rural economy and the construction of socialist
modernization.

    Article 2  Township enterprises as referred to in the this Law mean
various enterprises invested in mainly by rural collective economic
organizations or peasants and established in townships or towns (including
villages under their jurisdiction), which bear the duty of supporting
agriculture.

    “Invested in mainly by rural collective economic organizations or
peasants” mentioned in the preceding paragraph means that investment made by
rural collective economic organizations or peasants exceeds 50% of the total,
or the investment can play a holding role or actually has a dominant effect.

    Any township enterprise that meets the requirements of corporation can
be possessed of the qualification.

    Article 3  Township enterprises constitute an important pillar supporting
rural economy and are an important component of the national economy.

    The main task for township enterprises shall be to develop production of
goods in accordance with market demand, provide social services and
substantial social supply, absorb rural surplus labor, increase peasants’
income, support agriculture, give rise to agriculture and rural
modernization and promote the development of the national economy and public
undertakings.

    Article 4  The development of township enterprises shall conform with the
principle that rural collective economy plays a leading role while diverse
economic components are developing in common.

    Article 5  The state shall actively support township enterprises, make
rational plans for their development, direct them in sorts and control them
in accordance with laws.

    Article 6  The state shall encourage and particularly support township
enterprises in economically less developed regions or in regions where
national minorities live, encourage township enterprises and other economic
organizations in economically developed regions to support the development of
township enterprises in economically less developed regions and in regions
where national minorities live.

    Article 7  The department of township enterprise administration under the
State Council and other departments concerned under the State Council shall,
in accordance with their respective responsibility, be held responsible for
planning, coordination, supervision and supplying of service for township
enterprises of the whole countries. The department of township enterprise
administration and other departments concerned under local governments at the
county level and above shall, in accordance with their respective
responsibility, be responsible for planning, coordination, supervision and
supplying of service for the development of township enterprises within their
respective regions.

    Article 8  Township enterprises set up and registered in accordance with
the law shall go through the procedure of registration for record with the
local department of township enterprise administration.

    Township enterprises having changes in its name or domicile or because of
division, merger, suspension or closing of business, etc. shall, after going
through the procedure of change registration, establishment registration or
cancellation, report the matter for record to the department of township
enterprise administration.

    Article 9  Branches set up in cities by township enterprises, or
enterprises set up in cities by rural economic organizations with the task of
supporting agriculture, shall be treated as township enterprises.

    Article 10  For township enterprises established with investment made by
rural collective economic organizations, the property shall belong to the
whole body of peasants who have set up the enterprises.

    For township enterprises established with joint investment made by rural
collective economic organizations and other enterprises, organizations or
individuals, the property shall belong to every investor in a proportion of
the investment made by each of them.

    For township enterprises established with investment made by peasants-in-
partnership or by individuals, the property shall belong to the investors.

    Article 11  Township enterprises shall practice independent accounting,
autonomous business operation and self-responsibility for profits and losses.

    Township enterprises possessing the status of enterprise legal person
shall enjoy the right to the property of the legal person.

    Article 12  The state shall protect legal rights and interests of
township enterprises with their legal property subject to no encroachment.

    No organization or individual may violate laws or administrative
regulations by interfering in the production or management of township
enterprises, changing the person in charge or illegally encroaching upon or
using without compensation their property.

    Article 13  Township enterprises shall be established in a form allowed
for by laws or administrative regulations; the investors shall, in accordance
with relevant laws and administrative regulations, decide on important
affairs of the enterprise, set up managerial and administrative system and
enjoy rights and bear liabilities.

    Article 14  Township enterprises shall practice democratic management
according to law. When deciding on the managerial and administrative system
or the person in charge of the enterprise, making important policies for
running business or setting standards for wages, welfare, labor protection or
labor security, etc., the investors shall heed the opinions of the trade union
and employees of the enterprise, and make public regularly the implementation
thereof to the employees and subject them to supervision of the employees.

    Article 15  The state shall encourage the establishment of social
security system for employees in township enterprises in regions where
conditions permit.

    Article 16  In the case of suspension or termination of business,
township enterprises already establishing the social security system shall
make arrangement for the employees in accordance with relevant stipulations;
those with legal labor contracts shall handle the case by following the
contracts. The employees who came from rural collective economic
organizations shall have the right to return to their original posts and
engage in agricultural production, or they can seek jobs by themselves.

    Article 17  Township enterprises shall take a certain proportion of
after-tax profit as fund to be used for supporting agriculture and rural
social expenses. The actual proportion and measures for managing and using
the fund shall be prescribed by the governments of province, autonomous
region or municipality directly under the central government.

    Except as otherwise stipulated by laws or administrative regulations,
no government department, organization or individual may charge any fees or
assess any expenses in any form from township enterprises.

    Article 18  The state shall, in accordance with the situation of the
development of township enterprises, reduce a portion of tax levied from
township enterprises within a certain period. The categories for which, the
period within which and the proportion by which, the taxation shall be
reduced, shall be prescribed by the State Council.

    Article 19  Medium- and small-sized township enterprises that meet one of
the following requirements may, in accordance with particular situation,
enjoy preferential treatment of taxation within a certain period:

    (1) collective-owned township enterprises during their early stage,
meeting real difficulty in business;

    (2) those established in minority nationality regions, remote regions or
poverty-stricken regions;

    (3) those engaging in businesses of processing, storing, conveying or
distributing grain, feed or meat; or

    (4) those to which the state industrial policies promise to render
special support.

    The concrete measures for the preferential treatment of taxation
mentioned in the preceding paragraph shall be prescribed by the State
Council.

    Article 20  The state shall, by means of credits, encourage and support
the development of township enterprises. State financial institutions may
offer preferred loans to township enterprises which meet any of the
requirements stipulated in the preceding article and satisfy the conditions
for loans, and among said township enterprises, those with financial handicap
but promising well may enjoy loans on favorable terms.

    The concrete measures for the preferred loans and loans on favorable
terms mentioned in the preceding paragraph shall be prescribed by the State
Council.

    Article 21  Governments at and above county level may, in accordance with
relevant regulations of the state, set up development funds for township
enterprises. The funds shall comprise of the following resources:

    (1) revolving funds the state appropriates for the development of
township enterprises;

    (2) a portion of the annual increment of taxes turned over to the
localities by township enterprises;

    (3) earnings from use of the funds; and

    (4) funds voluntarily provided by rural collective organizations,
township enterprises and individual peasants, etc.

    Article 22  The development funds for township enterprises shall be used
specially for supporting the development of township enterprises, with the
scope of using as follows:

    (1) supporting the development of township enterprises in minority
nationality regions, remote regions and poverty-stricken regions;

    (2) supporting the economic and technological cooperation and the conduct
of joint venture projects by and between township enterprises in developed
regions and those in economically less developed regions or minority
nationality regions;

    (3) supporting township enterprises to adjust their setup of production
and product mix in accordance with the state industrial policies;

    (4) supporting township enterprises to make technological innovation,
develop famous products, special local products, products of good quality and
new products and produce traditional handicraft products;

    (5) developing township enterprises that produce agricultural means of
production or that directly serve agricultural production;

    (6) developing township enterprises that engage in businesses of
processing, storing, conveying or distributing grain, feed or meat;

    (7) supporting the vocational education and technical training for
employees in township enterprises; and

    (8)supporting other items in need of such support.

    Measures for the establishment, use and management of development funds
for township enterprises shall be prescribed by the State Council.

    Article 23  The state shall take active measures to train talents for
township enterprises, encourage technicians, managers and graduates from
colleges and secondary schools to work in them and serve them in various
ways.

    Township enterprises shall train technicians, managers and workers
through various channels and in different ways and adopt preferential
policies to attract talents.

    Article 24  The state shall take preferential measures to encourage
township enterprises to develop economic and technological cooperation in
various forms with research institutions, colleges and universities,
state-owned enterprises and other enterprises and organizations.

    Article 25  The state shall encourage township enterprises to develop
foreign economic and technological cooperation and exchanges, set up
production bases for export-oriented products, and earn foreign exchange
through export.

    Township enterprises that meet certain requirements can be granted with
franchise for running foreign trade, after being approved in accordance with
the law.

    Article 26  Local governments at all levels shall, in line with the
principle of unified planning and rational distribution, combine the
development of township enterprises with the construction of small-sized
towns, guide and promote township enterprises to develop in an appropriately
concentrated way and strengthen step by step the construction of
infrastructure and service facilities, to speed up the construction of
small-sized towns.

    Article 27  Township enterprises shall, in accordance with the market
demand and the state industrial policies, rationally readjust their setup of
production and product mix, strengthen technological innovation, continuously
adopt advanced techniques, production technologies and equipment, and raise
the managerial and administrative ability of the enterprises.

    Article 28  The construction of township enterprises shall conform to the
overall plan for land utilization, with land used under strict control and in
a rational and economical way. Where there is wasteland or inferior land
available for use, no farmland or fertile land shall be used.

    When township enterprises use land which is under the possession of rural
collective bodies, corresponding procedures for approval and registration
shall be followed in accordance with relevant laws and regulations.

    The land used by township enterprises shall be retrieved by the original
owner and put into new use when the land has been set idle for more than two
years or for more than one year as a result of business being stopped.

    Article 29  Township enterprises shall explore and use natural resources
in a lawful and rational manner.

    Township enterprises wishing to engage in mineral resources exploitation
must subject to approval by departments concerned according to stipulations
of relevant laws, and obtain the mining license and production license. They
must conduct regular operation, try to prevent waste of resources and any
damage to resources shall be strictly prohibited.

    Article 30  Township enterprises shall, in accordance with relevant
stipulations of the state, institute financial and accounting rules,
strengthen financial control, set up account books in accordance with the
law and keep a true record of financial activities.

    Article 31  Township enterprises must, in accordance with statistical
rules of the state, submit true statistical data. Township enterprises shall
have the right to reject any statistical investigation reports and forms that
are made and handed down in violation of provisions of the state.

    Article 32  Township enterprises shall, in accordance with the law, make
tax registration, submit timely tax returns and pay tax to the due amount.

    Governments at all levels shall strengthen the administration of taxation
with regard to township enterprises. Relevant departments may not give tax
reductions or exemptions to township enterprises by overstepping their
authority.

    Article 33  Township enterprises shall strengthen the quality control of
their products, make substantial efforts to improve quality of products.
Goods they produce or sell must be up to the standards set by the state and
the trade for the security of human health and personal and property safety.
No product which has lose effectiveness or has deteriorated or which the
state has declared to be obsolete may be sold or produced, and it shall be
prohibited to mix impurities or imitations into products that are produced
or sold, to pass a fake product as a genuine one or pass a defective product
as a high-quality one.

    Article 34  Township enterprises shall use trademarks in accordance with
the law and attach importance to their commercial credit. They shall make
marks for their products as required by state provisions. It is prohibited to
forge the origin of a product or to forge or use the name or address of a
factory of another producer or forge or use authentication marks or marks for
famous quality products of others.

    Article 35  Township enterprises must comply with laws and regulations
concerning environmental protection and, in accordance with the state’s
industrial policies and under the unified guidance of the local people’s
government, take measures to develop pollutant-free or less polluting and
less resources-consuming enterprises, substantially and practically prevent
and control environmental pollution and eco-hazards, protect and improve
environment.

    Local people’s governments shall make and implement programs for
township enterprises to do environmental protection, to raise the capability
of township enterprises to prevent and control environmental pollution.

    Article 36  In constructing some projects that may affect environment,
township enterprises shall strictly follow the procedure for the assessments
of environmental impact.

    Installations for the prevention and control of pollution at a
construction project must be designed, built and put into operation
simultaneously with the principal part of the project. No permission shall be
given for a construction project to be commissioned or used, until its
installations for the prevention and control of pollution are examined and
considered up to the standard by the competent department of environmental
protection administration.

    Township enterprises may not adopt or use production technologies or
facilities which may seriously pollute the environment and are expressly
prohibited by the state, or produce or sell products which may seriously
pollute the environment and are expressly prohibited by the state. Those
discharging pollutants in excess of the state or local discharge standards
and causing serious environmental pollution shall eliminate or control the
pollution within a prescribed period of time or, in the case of failure to
do so, they shall be ordered to close down, stop production or change the
line of production.

    Article 37  Township enterprises must comply with laws and regulations
concerning labor protection and labor safety, conscientiously stick to the
principle of “putting safety first, putting prevention first”, take effective
technical and managerial measures for labor hygiene to prevent accidents and
casualties and vocational diseases. In the case of hidden dangers endangering
the employees’ safety, a time limit shall be set or the production shall be
suspended for removing the dangers. It is strictly prohibited for the
managerial personnel to break rules and regulation and force employees to
perform risky operations. When accident and casualties occur, they shall take
active actions to perform rescue and make proper treatment and report the
case to the departments concerned.

    Article 38  Any of the following acts that breach the stipulations of
this Law shall be corrected under the order of the department of township
enterprise administration under the governments at or below the county level:

    (1) illegally make change to the ownership of any township enterprise;

    (2) illegally seize or use without compensation property of any township
enterprise;

    (3) illegally replace the person-in-charge of any township enterprise; or

    (4) encroach upon any township enterprise’s right to autonomous running
of business.

    If any act referred to in the preceding paragraph causes economic losses
the enterprise, a compensation shall be paid to the enterprise in accordance
with the law.

    Article 39  Township enterprises shall have the right to lodge complaints
with or inform the department of audit, supervision, finance or price control
or the department of township enterprise administration against any unit or
individual that illegally charge fees, assessments from or impose fines on
the township enterprise. The department concerned and the higher authorities
shall order the persons responsible to stop the illegal acts and make
restitution within a time limit. The department concerned may, in accordance
with the seriousness of the case, impose certain penalty on those directly
responsible for the illegal acts.

    Article 40  Any township enterprise violating laws or regulations
concerning product quality, environmental protection, land administration,
the exploitation of natural resources, labor safety or taxation, etc. shall,
in accordance with the seriousness of the case, cease partly or completely to
enjoy the preferential treatment stipulated by this Law until they make
corrections, in addition to being dealt with in accordance with relevant laws
and regulations.

    Article 41  If any township enterprise refuses to bear the duty to
support agriculture in violation of this Law, the department of township
enterprise administration shall order it to make corrections, and may order
that the enterprise cease partly or completely to enjoy the preferential
treatments stipulated by this Law before the corrections have been made.

    Article 42  Any party who refuses to accept penalties or decisions made
under Articles 38 to 41 of this Law may apply for administrative
reconsideration or take legal proceedings.

    Article 43  This Law shall enter into force on January 1, 1997.






INTERPRETATIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON SOME PROBLEMS CONCERNING THE IMPLEMENTATION OF THE NATIONALITY LAW IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Category  LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1996-05-15 Effective Date  1996-05-15  


Interpretations of the Standing Committee of the National People’s Congress on Some Problems Concerning the Implementation of the
Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region



(Adopted at the 19th Meeting of the Standing Committee of the Eighth

National People’s Congress on May 15, 1996)

    According to the provisions of Article 18 and Annex III of the Basic Law
of the Hong Kong Special Administrative Region of the People’s Republic of
China, the Nationality Law of the People’s Republic of China shall become
effective in Hong Kong on July 1, 1997. In light of Hong Kong’s historical
background and actual situation, interpretations are hereby given with regard
to the implementation of the Nationality Law of the People’s Republic of
China in Hong Kong.

    1. All Hong Kong residents born in China (including Hong Kong) of Chinese
descent and other persons meeting the conditions for having Chinese
nationality prescribed by the Nationality Law of the People’s Republic of
China shall be Chinese citizens.

    2. All Chinese compatriots of Hong Kong, whether or not holding a British
Dependent Territories Citizen Passport or a British National (Overseas)
Passport, shall be Chinese citizens. After July 1, 1997, the above-mentioned
Chinese citizens may continue using the valid travel certificates issued by
the British government for traveling to other countries or regions, provided
that they shall not enjoy the right of British consular protection in the
Hong Kong Special Administrative Region or other areas of the People’s
Republic of China for holding said British travel certificates.

    3. The British subject status of a Chinese citizen of Hong Kong acquired
under the “British Nationality Selection Scheme” of the British government
shall not be recognized. Those persons are still Chinese citizens and they
shall not enjoy the right of British consular protection in the Hong Kong
Special Administrative Region or other areas of the People’s Republic of
China.

    4. A Chinese citizen of the Hong Kong Special Administrative Region who
has the right of residence in a foreign country may use relevant certificates
issued by the foreign government for traveling to other countries or
regions, provided that they shall not enjoy the right of foreign consular
protection in the Hong Kong Special Administrative Region or other areas of
the People’s Republic of China for holding the above-mentioned certificates.

    5. A Chinese citizen of the Hong Kong Special Administrative Region may,
when there is a change in his nationality, submit a report to the agency
handling nationality applications of the Hong Kong Special Administrative
Region by producing his valid certificates.

    6. The government of the Hong Kong Special Administrative Region is
hereby authorized to designate the Immigration Department as the agency for
handling nationality applications of the Hong Kong Special Administrative
Region. The Immigration Department shall, in accordance with the Nationality
Law of the People’s Republic of China and the preceding provisions, handle
all matters relating to nationality applications.






CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION (MOFTEC) ON IMPROVING THE STATISTICS WORK FOR FOREIGN CAPITAL UTILIZATION

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) on Improving the Statistics Work for Foreign Capital Utilization

WaiJingMaoZiSanHanZi [1996] No.639

November 25, 1996

The commissions (departments, bureaus) of foreign trade and economic cooperation of various provinces, autonomous regions, municipalities
directly under the Central Government and municipalities separately listed on the State plan, Guangzhou, Xi’an, Nangjing, Changchun,
Shenyang and Chengdu, and Wuhan Foreign Investment Office:

With the ever deepening policy of opening to the outside world, foreign capital utilization, especially the utilization of FDI (Foreign
Direct Investment), has become a key growth factor of and is playing an increasingly important role in China’s national economy.
With a view to improving the overall level of foreign capital utilization, it is of vital importance to improve the statistics work
for foreign capital utilization so as to provide full and accurate statistic data and analysis for macro decision-making. The current
development level of statistics work across the country is imbalanced. Interior areas lag behind coastal areas in terms of geographical
location. There has been an awfully large amount of wrong, missing, delayed and repetitious data and statistics, which has undermined
the authority and completeness of the statistic data of the Ministry of Foreign Trade and Economic Cooperation on foreign investment.
Some local governments pay inadequate attention to statistics work. Statisticians are changed frequently and some of them lack in
adequate professional competence. MOFTEC and the National Bureau of Statistics recently published an amended version of the Statistics
System for Foreign Capital Utilization (WaiJingMaoZiFaZi [1996] No.721). To coordinate the implementation of the new system and improve
the statistics work for foreign capital utilization, it is hereby notified as follows:

1.

Foreign trade and economic authorities at various levels should organize their statisticians to study the Statistics Law of the People’s
Republic of China and the new Statistics System for Foreign Capital Utilization. Governments at various levels should attach full
importance to the statistics work for foreign capital utilization. All should conduct a thorough examination of the local statistics
work while implementing the new statistics system and supervise and encourage the local statistics work for foreign capital utilization
on a regular basis to ensure the statistics accurately reflect the real local situation of foreign capital utilization without any
fake, missing, withheld or delayed data.

2.

Complete statistics systems for foreign capital utilization should be established and all connections should be streamlined in all
provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State
plan. Specific measures should be taken to assist the establishment of statistics agencies, personnel arrangement, and supply of
computer equipment, etc.

The statistic personnel of each local authority should be kept relatively stable. Competent foreign investment departments at provincial
levels each should appoint a division chief responsible for the statistics work for foreign capital utilization and maintain a statistic
personnel of no less than 2 people.

MOFTEC will establish a record system for statistic personnel. For file-keeping purpose, each local authority should report the computer
supply conditions to MOFTEC together with a complete name-list of the statistic personnel at provincial and regional (municipal)
levels as well as chiefs of statistics work before the end of this December. Any transfer in position of statistic personnel should
also be reported to MOFTEC.

The review and approval authority of the contracts and statutes of enterprises with foreign investmentshould be transferred to the
lower level in view of the subordinate’s ability to assume the statistics work. Apart from other conditions, the authority should
not be transferred to local agencies without certificates of computer-printing permission and conditions for statistics work. In
case these agencies have been given the authority, they should be urged to meet the standards within a prescribed time limit.

3.

Authorities of all levels should be concerned about the work, study and life of the statistic personnel, try to help them with some
specific problems and difficulties, strengthen professional training for the statistic personnel to continuously improve its overall
professionalism. To coordinate the implementation of the new statistics system, MOFTEC will provide orientation training courses
to the whole statistic personnel and all local governments are kindly requested to render support in personnel and funding.

4.

To ensure smooth implementation of the new statistics system in the next year, each local authority should pay close attention to
the arrangement and transformation of initial data, which requires high expertise and a large amount of workload. The implementation
of the new statistics system should top the agenda of local authorities before the end of this year and over the first quarter of
the next year to ensure the successful transformation of the statistics system and the completeness and accuracy of the statistic
data for foreign capital utilization.

5.

In accordance with the new Statistics System for Foreign Capital Utilization, MOFTEC will set criteria for appraising the statistics
work for foreign capital utilization and conduct regular performance appraisal of the statistics work in each region. Units with
sound performance will be praised and encouraged while those with bad records will be criticized and publicized. As for those that
fail to make any improvement after repeated criticism, MOFTEC will take necessary measures and urge them to reach certain standards
within the prescribed time limit.



 
The Ministry of Foreign Trade and Economic Cooperation
1996-11-25

 







CONTROL OF GUNS LAW

Law of the People’s Republic of China on Control of Guns










(Adopted at the 20th Meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1996 and
promulgated by Order No.72 of the President of the People’s Republic of China on July 5, 1996) 

Contents 

Chapter I     General Provisions 

Chapter II    Units and Individuals Allowed to Be Armed or Equipped with Guns 

Chapter III   Manufacture of Guns and Rationed Sale of Guns for Civilian Use 

Chapter IV    Everyday Control of Guns 

Chapter V     Transport of Guns 

Chapter VI    Entering and Leaving the Country with Guns 

Chapter VII   Legal Responsibility 

Chapter VIII  Supplementary Provisions 

Chapter I 

General Provisions 

Article 1 This Law is enacted for the purpose of tightening control over guns, preserving public security and order and ensuring
public safety. 

Article 2 This Law applies to control of guns within the territory of the People’s Republic of China. 

Where other regulations are formulated by the State Council and the Central Military Commission regarding control of guns with which
the Chinese People’s Liberation Army, the Chinese People’s Armed Police Forces and the Militia are armed, those regulations shall
apply. 

Article 3 The State establishes strict control over guns. All units and individuals are prohibited to possess, manufacture (alter
and assemble included), trade in, transport, lease or loan guns in violation of the provisions of laws. 

The State shall severely punish any criminal act committed in violation of the control of guns. Every unit and individual has the
obligation to inform against any violations against the control of guns. The State shall protect the informant and reward the persons
who have rendered meritorious service by informing against criminal acts committed against the control of guns. 

Article 4 The public security department under the State Council shall be in charge of control of guns throughout the country. Public
security organs of the people’s governments at or above the county level shall be in charge of the control of guns in their administrative
regions respectively. The public security organs of the people’s governments at higher levels shall exercise supervision over the
control of guns by the public security organs of the people’s governments at lower levels. 

Chapter II 

Units and Individuals Allowed to Be Armed or Equipped with Guns 

Article 5 People’s policemen of the public security organs, State security organs, prisons and institutions of reeducation through
labour, judicial policemen of the People’s Courts and the People’s Procuratorates, people’s procurators who are charged with the
task of investigation of cases, and customs coast guards may, when performing their functions pursuant to law and when it is definitely
necessary for them to use guns, be armed with guns for the discharge of official duties. 

Professional guards and escorts of the country’s important defence enterprises, banking institutions, storehouses and scientific
research institutions may, when performing their tasks and when it is definitely necessary for them to use guns, be armed with guns
for the discharge of official duties. 

Specific measures for arming with guns for the discharge of official duties shall, in accordance with the principle of strict control,
be formulated by the public security department under the State Council together with other State organs concerned and submitted
to the State Council for approval before enforcement. 

Article 6 The following units may be equipped with guns for civilian use: 

(1) Sports units that are set up with the approval of the physical culture and sports administration department of the people’s government
at the provincial level to engage specially in target shooting competitions and profit-making shooting ranges that are set up with
the approval of the public security organ of the people’s government at the provincial level may be equipped with sports guns; 

(2) Hunting grounds that are built with the approval of the forestry administration department of the people’s government at or above
the provincial level may be equipped with hunting guns; and 

(3) Units for protecting and raising wild animals and for conducting scientific research of such animals may, due to need of the
work, be equipped with hunting guns and narcotic injection guns. 

Hunters in hunting zones and herdsmen in pastoral areas may apply for equipment with guns. Hunting zones and pastoral areas shall
be delineated by the people’s governments at the provincial level. 

Specific measures for equipment with guns for civilian use shall, in adherence to the principle of strict control, be formulated
by the public security department under the State Council and submitted to the State Council for approval before enforcement. 

Article 7 Arming with guns for the discharge of official duties shall be subject to exclusive examination and approval by the public
security department under the State Council. 

When arming persons with guns for the discharge of official duties, the public security department under the State Council or the
public security organ of a people’s government at the provincial level shall issue to them certificates permitting them to hold guns
for the discharge of official duties. 

Article 8 With regard to equipment with sports guns for a unit that is specially engaged in target shooting competition as a sport
event, the competent administrative department for physical culture and sports under the State Council shall submit the matter to
the public security department under the State Council for examination and approval. With regard to equipment with sports guns for
profit-making shooting grounds, the matter shall be submitted by the public security organ of a people’s government at the provincial
level to the public security department under the State Council for approval. 

When equipping with sports guns, the public security organ of the people’s government at the provincial level shall issue certificates
permitting the holding of guns for civilian use. 

Article 9 To obtain hunting guns for a hunting ground, one must, by producing the document of approval issued by the competent forestry
administration department of the people’s government at or above the provincial level, apply to the public security organ of such
government for examination and approval, before the public security organ of the people’s government of a city divided into districts
shall, after verification, issue a certificate for rationed purchase of guns for civilian use. 

Article 10 To apply for equipment with hunting guns or narcotic injection guns, the units for protecting and raising wild animals
or for conducting scientific research of such animals shall, by producing their hunting certificates or their special permits for
hunting and capturing animals issued by the competent administrative department for wild animals of the local people’s government
at the county level, as well as their business licenses, submit their application to the public security organ of the local people’s
government at the county level. In the case of hunters who wish to apply for equipment with hanging guns, they shall, by producing
their hunting certificates issued by the competent administrative department for wild animals of the local people’s government at
the county level as well as their identification cards, submit their application to the public security organ of the local people’s
government at the county level. In the case of herdsmen who wish to apply for equipment with hunting guns, they shall, by producing
their identification cards, submit their application to the public security organ of the local people’s government at the county
level. 

After examining and approving the application it accepts, the public security organ shall report the matter to the public security
organ of a city divided into districts for issue of a certificate for rationed purchase of guns for civilian use after verification. 

Article 11 Units or individuals that are to conduct rationed purchase of hunting guns or narcotic injection guns must, within 30
days from the day they purchase the guns, apply to the public security organ that, after verification, issued to them the certificates
for rationed purchase of guns for civilian use for issue of certificates permitting the holding of guns for civilian use. 

Article 12 Guns for civilian use which profit-making shooting grounds and hunting grounds are equipped with may not be taken out
of such grounds. 

Hunting guns which hunters and herdsmen are equipped with may not be taken out of the hunting zones or the pastoral areas. 

Chapter II 

Manufacture of Guns and Rationed Sale of Guns for Civilian Use 

Article 13 The State applies a special permit system governing the manufacture and rationed sale of guns. Without permission, no
unit or individual may manufacture or trade in guns. 

Article 14 Guns used for the discharge of official duties shall be manufactured by enterprises designated by the State. 

Article 15 Enterprises that are to manufacture guns for civilian use shall be proposed by the relevant competent department under
the State Council and determined by the public security department under the State Council. 

Enterprises that are to engage in rationed sale of guns for civilian use shall be determined by the public security organ of a people’s
government at the provincial level. 

Enterprises that manufacture guns for civilian use shall be issued, after verification, by the public security department under the
State Council certificates permitting manufacture of guns for civilian use. Enterprises that engage in rationed sale of guns for
civilian use shall be issued, after verification, by the public security organ of a people’s government at the provincial level certificates
permitting rationed sale of guns for civilian use. 

The certificate permitting manufacture of guns for civilian use and the certificate permitting rationed sale of guns for civilian
use shall be valid for a period of three years. Enterprises that need to continue manufacture or rationed sale of guns for civilian
use at the expiration of the certificates, shall make another application for issue of such certificates. 

Article 16 The State applies a quota system governing the number of guns for civilian use to be manufactured and rationed for sale. 

The annual quota for manufacture of guns for civilian use shall be proposed by the relevant competent departments of forestry and
physical culture and sports under the State Council and the public security organs of the people’s governments at the provincial
level, and determined by the public security department under the State Council, which shall prepare the uniform serial numbers for
such guns and allocate assignments to the enterprises manufacturing such guns. 

The annual quota for rationed sale of guns for civilian use shall be proposed by the relevant competent departments of forestry and
physical culture and sports under the State Council and the public security organs of the people’s governments at the provincial
level, and determined by the public security department under the State Council, which shall allocate assignments to the enterprises
engaged in rationed sale of such guns. 

Article 17 Enterprises manufacturing guns for civilian use shall not turn out such guns in excess of the quota, all the guns they
have manufactured shall be delivered to the enterprises designated for rationed sale of such guns and they shall not sell the guns
themselves. Enterprises engaged in rationed sale of guns for civilian use shall, within the quota for rationed sale, sell such guns
manufactured by the designated enterprises. 

Article 18 An enterprise must manufacture guns for civilian use strictly in conformity with the technical standards set by the State,
it shall not alter the performance or structure of such guns. It shall have its name, the coded variety of the gun and the serial
number prepared uniformly by the public security department under the State Council typecast in the designated parts of the gun;
it shall not manufacture guns for civilian use without a number or with a duplicate or false number. 

Enterprises manufacturing guns for civilian use shall be kept under close control, and necessary security measures shall be taken
to prevent loss of such guns or their parts or components. 

Article 19 An enterprise engaged in rationed sale of guns for civilian use shall sell such guns after checking of the certificate
of rationed purchase and strictly in accordance with the variety, type and number as stated in the certificate; the rationed sale
of ammunition shall be conducted after checking of the certificate permitting the holding of guns. Enterprises engaged in rationed
sale of guns for civilian use must, in accordance with the regulations of the public security department under the State Council,
keep long-term account books for rationed sale for future examination. 

Article 20 Public security organs shall conduct regular inspection of the manufacture, rationed sale, and storage and book-keeping
of the enterprises that manufactures or engages in rationed sale of guns for civilian use; when necessary, they may send their men
specially to stay at the manufacturing enterprises for the purpose of supervision and inspection. 

Article 21 The relevant competent department under the State Council shall work together with the public security department under
the State Council to arrange for development and finalizing the design of guns for civilian use. 

Article 22 It is forbidden to manufacture and sell imitation guns. 

Chapter IV 

Everyday Control of Guns 

Article 23 Units and individuals that are armed or equipped with guns must maintain the guns properly and ensure their safety. 

Units that are armed or equipped with guns must explicitly define the responsibilities for control of guns, designate special persons
to take charge of the guns, install strong facilities specially for keeping of the guns and have the guns and ammunition kept in
separate places. With regard to guns for personal use, a strict control system must be established for registration, handing over,
inspection and maintenance of the guns, and the guns must be taken back as soon as they are not to be used any more. 

With regard to guns armed or equipped for personal use, effective measures must be taken strictly to prevent their being stolen,
robbed or lost, as well as other accidents. 

Article 24 Persons who use guns must know the performance of the guns, observe the relevant regulations governing the use of guns
and guarantee that the guns are used lawfully and safely. Persons who use guns for the discharge of official duties must receive
special training. 

Article 25 Units and individuals that are armed or equipped with guns must observe the following provisions: 

(1) When carrying guns, they must have with them the certificates permitting the holding of guns; otherwise their guns shall be seized
by public security organs; 

(2) They shall not carry guns in areas or places where it is prohibited to carry guns; and 

(3) They shall report to public security organs once their guns are stolen, robbed or lost. 

Article 26 When persons equipped with guns for the discharge of official duties no longer meet the qualifications for holding guns,
the units where they belong shall take back the guns along with the certificates permitting the holding of guns. 

When units or individuals equipped with guns for civilian use no longer meet the qualifications for holding guns, they must immediately
hand over the guns along with the certificates permitting the holding of guns to the public security organs that issued the certificates
after verification. The guns that are not handed over promptly shall be taken over by the public security organs. 

Article 27 Guns that do not measure up to the technical standards of the State and that cannot be used safely shall be reported as
useless. The units and individuals that are equipped with or hold guns shall hand over the useless guns along with the certificates
permitting the holding of guns to the public security organs that issued the certificates after verification. The guns that are not
handed over promptly shall be taken over by the public security organs. Useless guns shall be destroyed without delay. 

Destruction of guns shall be arranged by public security organs of the people’s governments at the provincial level. 

Article 28 The State applies an inspection system for guns. Units and individuals that hold guns shall undergo inspection at the
time and place as designated by public security organs. When conducting inspection, the public security organs shall examine whether
the units and individuals that hold the guns meet the qualifications as prescribed by this Law, and the condition and use of the
guns. Guns that are used unlawfully, that are held by people who do not meet the qualifications for holding guns or that should be
reported as useless must be taken over as well as the certificates permitting the holding of guns. Units or individuals that refuse
to undergo inspection, their guns and their certificates permitting the holding of guns shall be taken over by public security organs. 

Article 29 In case of special need for maintaining public security and order, public security organs of the local people’s governments
at or above the county level may, with approval of the public security department under the State Council, take special control measures
for guns lawfully armed or equipped in certain areas, such as concentrated preservation of the guns. 

Chapter V 

Transport of Guns 

Article 30 No units or individuals may transport guns without permission. Any unit or individual that needs to transport guns must
submit an application to the public security organ, in which the variety and number of the guns and the route and means of transport
shall be truthfully stated, and must have a permit for transport of guns. If the guns are to be transported within a province, autonomous
region or municipality directly under the Central Government, an application for issue of a permit for transport of guns shall be
submitted to the public security organ of the people’s government of the city divided into districts under the jurisdiction of which
is the place of delivery. If the guns are to be transported across provinces, autonomous regions or municipalities directly under
the Central Government, an application for issue of a permit for transport of guns shall be submitted to the public security organ
of the people’s government at the provincial level under the jurisdiction of which is the place of delivery. 

Units and individuals that do not have permits for transport of guns shall not undertake transport of guns but shall report the matter
immediately to the local public security organs. 

The public security organs shall seize the guns that are transported without a permit for transport of guns or at variance with the
particulars stated in the permit for transport of guns. 

Article 31 Safe, reliable and closed transport facilities shall be used for transport of guns and the transport shall be escorted
by professional people, as is required by regulations; where it is necessary to stop overnight on the way, the local public security
organ must be informed of the matter. 

Guns and ammunition must be transported separately, as is required by regulations. 

Article 32 It is forbidden to mail guns or mail them in the midst of other postal materials. 

Chapter VI 

Entering and Leaving the Country with Guns 

Article 33 The State exercises strict control over guns with which people enter or leave the country. Without permission, no unit
or individual shall enter or leave the country with guns. 

Article 34 If persons of foreign diplomatic missions or consulates are to enter the territory of China with guns, they must apply
to the Ministry of Foreign Affairs of the People’s Republic of China for approval in advance; and if they are to leave China with
guns, they shall present a note to the Ministry of Foreign Affairs of the People’s Republic of China and go through the relevant
formalities in advance. 

Guns brought into the territory of China in accordance with the provisions of the preceding paragraph shall not be carried out of
the missions or consulates in China. 

Article 35 When sports delegations of other countries enter China to take part in target shooting competitions or Chinese sports
delegations leave China to take part in such competitions and thus need to take their sports guns along with them, they shall seek
approval of the competent administrative department for physical culture and sports under the State Council. 

Article 36 Persons, other than the ones mentioned in Article 34 and 35 of this Law, who are to enter or leave China with guns shall
seek approval of the public security department under the State Council beforehand. 

Article 37 When persons who have obtained approval of entering China with guns enter the country, they shall, by producing the documents
of approval, go through registration procedure for the guns with the frontier inspection station at the place of entry, apply for
the issue of certificate permitting the carrying of guns, and declare the guns to the Customs, which shall let them go after checking
the certificates. After reaching their places of destination, they shall, by producing the certificates permitting the carrying of
guns, apply to the public security organ of the people’s government of a city divided into districts in order to exchange their certificates
permitting the carrying of guns for certificates permitting the holding of guns. 

When persons who have obtained approval of leaving China with guns leave the country, they shall, by producing the documents of approval,
declare the guns to the Customs at the place of departure, and the frontier inspection station shall let them go after checking the
documents. 

Article 38 When guns are carried by foreign means of transport into or through the territory of China, the persons who are responsible
for the means of transport must apply to the frontier inspection station for sealing of the means of transport, which shall be unsealed
at the time it leaves the country. 

Chapter VII 

Legal Responsibility 

Article 39 Any unit or individual that, in violation of the provisions of this Law, manufactures, trades in or transports guns without
permission shall be investigated for criminal responsibility in accordance with the provisions of Article 112 of the Criminal Law
and of the Decision of the Standing Committee of the National People’s Congress Regarding Severe Punishment of Criminals Who Seriously
Endanger Public Security. 

The unit that commits any violations mentioned in the preceding paragraph shall be fined, and the persons who are directly in charge
of the unit and other persons who are directly responsible for the violations shall be investigated for criminal responsibility in
accordance with the provisions of Article 112 of the Criminal Law. 

Article 40 If, in violation of the provisions of this Law, the enterprises designated or determined pursuant to law for manufacturing
or selling guns commit any of the following acts, they shall be fined, and the persons who are directly in charge of the enterprises
and other persons who are directly responsible for the act shall be investigated for criminal responsibility in accordance with the
provisions of Article 112 of the Criminal Law; public security organs may order the enterprises to suspend operation for rectification
or revoke the certificates permitting manufacture of guns or rationed sale of guns: 

(1) to manufacture or sell guns in excess of the quota or at variance with the variety prescribed; 

(2) to manufacture guns without numbers or with duplicate or false numbers; or 

(3) to sell, without authorization, guns or sell guns in China that are manufactured for export. 

Article 41 Whoever, in violation of the provisions of this Law, illegally possesses or conceals guns shall be investigated for criminal
responsibility in accordance with the provisions of Article 163 of the Criminal Law. 

Whoever illegally transports or carries guns into or out of the territory of China shall be investigated for criminal reasonability
in accordance with the Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Punishment
of the Crimes of Smuggling. 

Article 42 Whoever, when transporting guns, fails to use safe and reliable transport facilities, or send escorts, or separate the
guns from ammunition, or report to the public security organ for stopping overnight on the way, if the violation is serious, shall
be investigated for criminal reasonability by applying mutatis mutandis the provisions of Article 187 of the Criminal Law; if the
violation does not constitute a crime, the person who is directly responsible for the violation shall be detained by the public security
organ for not more than 15 days. 

Article 43 Whoever, in violation of the regulations governing control of guns, leases or loans guns that are used for the discharge
of official duties shall be punished by applying mutatis mutandis the provisions of Article 187 of the Criminal Law. 

If a unit commits an act mentioned in the preceding paragraph, the persons who are directly in charge of the unit and other persons
who are directly responsible for the act shall be punished in accordance with the provisions of the preceding paragraph. 

If, in violation of the regulations governing control of guns, a unit that is equipped with guns for civilian use leases or loans
such guns and has thus led to grave consequences, or if other serious violations are involved, the persons who are directly in charge
of the unit and other persons who are directly responsible for the violation shall be punished by applying mutatis mutandis the provisions
of Article 187 of the Criminal Law. 

If, in violation of the regulations governing control of guns, an individual who is equipped with guns for civilian use, leases or
loans such guns and has thus led to grave consequences, he shall be punished by applying mutatis mutandis the provisions of Article
163 of the criminal Law. 

If, in violation of the regulations governing control of guns, a unit or individual leases or loans guns and if the violation is
of a minor nature and does not constitute a crime, the public security organ shall detain for not more than 15 days the individual
or the persons who are directly in charge of the unit and other persons who are directly responsible for the violation and may also
impose a fine of not more than 5,000 yuan; and it shall confiscate the guns leased or loaned. 

Article 44 If an individual or unit that, in violation of the provisions of this Law, commits any of the following acts, the public
security organ shall serve a disciplinary warning on the individual or the persons who are directly in charge of the unit and other
persons who are directly responsible for the violation or detain the individual or persons for not more than 15 days; if the violation
constitutes a crime, criminal responsibility shall be investigated in accordance with law: 

(1) to manufacture guns for civilian use at variance with the prescribed technical standards; 

(2) to carry guns in areas or places where it is forbidden to carry guns; 

(3) to fail to hand over guns that are reported as useless; 

(4) to fail to report immediately after guns are stolen, robbed or lost; or 

(5) to manufacture or sell imitation guns. 

If a person commits one of the acts mentioned in sub-paragraphs (1), (2), and (3), his guns shall be confiscated and he may also
be fined not more than 5,000 yuan. If a person commits the act mentioned in sub-paragraph (5), the public security organ and the
administrative department for industry and commerce shall, within the scope of their respective functions, confiscate the imitation
guns and may also impose a fine of not more than five times the amount of money spent on their manufacture or earned from their sale;
if the case is serious, the administrative department for industry and commerce shall revoke the person’s business license. 

Article 45 If a member of the public security organ commits one of the following acts, he shall be investigated for criminal responsibility
according to law; if the act does not constitute a crime, he shall be given an administrative sanction in accordance with law: 

(1) to arm or equip with guns units or individuals other than the ones as prescribed in Articles 5 and 6 of this Law; 

(2) to issue certificates for control of guns illegally; 

(3) to take confiscated guns into his own possession; or 

(4) to lead to bad consequences by failing to perform his duties for control of guns. 

Chapter VIII 

Supplementary Provisions 

Article 46 For purposes of this Law, the word “guns” means the various kinds of guns that, with gunpowder or compressed gas as the
propelling force and with a barrel for projecting metal bullets or other substances, can readily inflict injury upon people, cause
death or render them unconscious. 

Article 46 Units and individuals that facilitate recreational activities may be equipped with no greater than 4.5mm. pneumatic rifles.
Specific measures of control in this regard shall be formulated by the public security department under the State Council. 

Measures for control of guns used as props for production of films and television plays shall be formulated by the public security
department under the State Council together with the radio, film and television administration department under the State Council. 

Measures for control of guns preserved or displayed in museums, memorial halls and exhibition halls shall be formulated by the public
security department under the State Council together with the relevant competent administrative department under the State Council. 

Article 48 The relevant provisions of this Law apply to the manufacture, rationed sale a

MEASURES FOR THE ADMINISTRATION OF FOREIGN EXPERTS EMPLOYED IN ENTERPRISES WITH FOREIGN INVESTMENT

The State Administration of Foreign Experts Affairs

Measures for the Administration of Foreign Experts Employed in Enterprises with Foreign Investment

the State Administration of Foreign Experts Affairs

September 1, 1996

Chapter I General Provisions

Article 1

These Measures are formulated in compliance with the provisions of China’s relevant laws, statutes and regulations, with a view to
standardizing the administration of foreign experts working for enterprises with foreign investment, to promoting the exchange of
economic and technical personnel between China and foreign countries, and the development of enterprises with foreign investment.

Article 2

The enterprises with foreign investment mentioned in these Measures refer to China-foreign equity joint ventures, contractual joint
ventures, and solely foreign-invested companies operating in China and having the statuses of Chinese corporate persons, which have
been approved by the relevant departments of the Chinese government and are subject to the jurisdiction and protection of China,
with a view to meeting the needs of China’s economic construction.

Article 3

The foreign experts mentioned in these Measures refer to those foreign professionals, technical personnel and managerial personnel
employed in the enterprises with foreign investment engaged in production, operation, and administration as are required by the actual
needs.

Article 4

The State Administration of Foreign Experts Affairs is the government-authorized competent authority in charge of foreign experts
affairs. The foreign affairs offices of the provinces, autonomous regions and municipalities directly under the Central Government
are the respective local administrative departments in charge of foreign experts affairs.

Chapter II Administration of Foreign Experts

Article 5

The State Administration of Foreign Experts Affairs and the foreign affairs office of the provinces, autonomous regions and municipalities
directly under the Central Government are the respective competent departments in charge of authenticating the identities of foreign
experts working for the enterprises with foreign investment. The authentication of the identities of foreign experts of those enterprises
with foreign investment under the direct control of the various ministries and commissions of the State Council, or of the specialty-oriented
general corporations, shall be processed by the International Cooperation Departments (or Foreign Affairs Departments) of the State
Council, or of the specialty-oriented general corporations; and the formulation of relevant provisions regarding the authentication
of the identities of foreign experts shall be undertaken by the respective ministries, commissions or specialty-oriented general
corporations.

Article 6

The foreign experts working for enterprises with foreign investment shall engage in the kind of job that is commensurate with their
own specialty and skills, and shall meet the following standards:

(1)

They must have baccalaureate degrees or above, with a professional tide of “engineer” or have equivalent degrees and professional
post_titles;

(2)

They must have working experiences in their respective specialties for 5 years or more, being able to give technical guidance to their
Chinese associates and competent to perform their duties;

(3)

They must possess the expertise related to a particular specialty or special skills or have other knacks of the trade; and

(4)

They must have working experiences in foreign countries or outside the mainland of China in administration-related jobs for 5 years
or more, having ranks of departmental managers or the equivalent positions or higher for large, medium-size enterprises with foreign
investment or high-tech, new-tech businesses.

Article 7

To authenticate the identities of foreign technical and managerial personnel working for enterprises with foreign investment, the
organizations employing foreign experts shall present to the authorities in charge of the authentication of the identities of foreign
experts the notice of appointment issued by the employing organization, certificate of physical checkup, notarized testimonials of
no criminal record, and all those testimonial materials listed in Article 6 of these Measures.

Article 8

The Document Affirming the Employment of Foreign Experts is an essential piece of documentation for a foreign expert to apply for
a work visa bound for China in response to the call to work in this country. For those foreign experts who have been decided by the
authority authenticating the identities of the foreign experts to be in need of work visas (Z), the enterprises with foreign investment
shall approach the identity authentication authorities concerned for the Documents Affirming the Employment of Foreign Experts; and
request the authorized organizations in China to send the applicants letters (telegrams) of invitation in accordance with agreements,
protocols, or contracts. The cases of requests for work visas (Z) by those foreign professionals, technical personnel and managerial
personnel who have been engaged by the enterprises with foreign investment to come to China to work as part of the programmes of
the introduction of foreign technologies and importation of equipment, can be dealt with by the concerned organization directly approaching
the identity authentication authority of The State Administration of Foreign Experts Affairs for the Document Affirming the Employment
of Foreign Experts,

Article 9

The foreign experts who have agreed to come to China to work may, with the Document Affirming the Employment of Foreign Experts and
letters (telegrams) of invitation as well as valid passports and relevant certificates, go to China’s diplomatic missions to foreign
countries, the Consulate offices, or other China’s missions stationed in the foreign countries duly authorized by the Ministry of
Foreign Affairs of China for obtaining their work visas (Z).

Article 10

When the employing organizations apply for the Documents Affirming the Employment of Foreign Experts Document for the foreign experts,
they may at the same time apply for them the Foreign Expert Certificates, with which the foreign experts shall be enpost_titled to preferential
treatment by the Chinese Customs.

Article 11

The Foreign Expert ID Card serves as a certificate indicating the identity of the foreign professional as expert invited to work in
China for the contractual period of stay in this country.

The foreign expert shall, with the Notice of Appointment, and a valid passport and certificates, go to the identity authentication
authority within 15 days of arrival in China for the Foreign Expert ID Card; with the Foreign Expert ID Card and other relevant certificates,
he/she shall, within 30 days upon having arrived in China, go to the entry control department of the local public security office
for obtaining Foreign National’s Residence Permit or an interim one of the same. If both husband and wife are of foreign expert statuses,
each of them can request for a Foreign Expert ID Card; if one of the couple is a foreign expert while the other not, the spouse shall
not be given a Foreign Expert ID Card, but shall be noted in the Family Dependents Box of the Foreign Expert ID Card.

Chapter III Administration of Foreign Experts Affairs

Article 12

The validity of the Foreign Expert ID Card for one signing shall not exceed one year. The foreign expert shall, upon the expiration
of the Foreign Expert ID Card, go to the identity authentication authority for the extension of the Foreign Expert ID Card; if no
extension has been applied for upon the expiration of the Foreign Expert ID Card, the said document shall be invalidated automatically.
When the foreign expert has left one employing organization to work with another during his/her stay in China, he/she should return
the original certificate to the issuing organ, and apply for a new Foreign Expert ID Card at the local authority for issuing the
certificate whereat his/her new employing organization is situated.

Article 13

Foreign experts shall abide by China’s laws and relevant government regulations during their stay in China; their legal rights shall
be subject to the protection of China’s laws and of the government.

Article 14

The enterprises with foreign investment shall stipulate in explicit terms in the agreements, protocols, or contracts concerning the
treatments of foreign experts during their working stay in China, in terms of insurance, medical care, holidays, provisions for living,
etc.; as for the said agreements, protocols or contracts being signed by the parties concerned, both the foreign experts and the
employing organization shall strictly abide by them, and no alterations shall be made at will.

Article 15

The administrative departments of whose administration the enterprises with foreign investment are subject to shall, in compliance
with the State laws and the relevant provisions of the government, formulate measures, take steps, and urge the affiliated organizations
to do everything for the foreign experts to facilitate their work, and living and other legal activities during their stay in China.

Article 16

The foreign affairs office of the provinces, autonomous regions and municipalities directly under the Central Government shall establish
special offices or assigning special persons to be in charge of the affairs of foreign experts working for enterprises with foreign
investment within their respective localities, inspecting and supervising the implementation of the relevant guidelines, policies,
rules and regulations, coordinating the work among the various departments of the locality, and helping solve those problems the
foreign experts are confronted with that must be settled.

Article 17

Those foreign experts who have made extraordinary contributions in their work shall, on the merit of their work, be commended or awarded
by the employing organization or by the relevant government departments.

Article 18

When the foreign experts have gotten themselves involved in civil disputes, public security events and in other cases (events), the
competent departments in charge of foreign affairs at various levels shall assist the public security, national security and the
judicial departments for dealing with the cases in accordance with the law.

Article 19

When having discovered that those foreign personnel holding Foreign Expert ID Cards have concealed the facts about themselves that
the information in terms of identification and status is not in conformity with that originally provided, or that the work they do
or the activities they participate in are not commensurate with their experts’ statuses, the identity authentication authorities
or the relevant departments shall revoke the Foreign Expert ID Cards, and ask the public security offices to cancel out their qualifications
for residence either permanent or interim.

Chapter VI Supplementary Provisions

Article 20

To those personnel from the regions of Hong Kong, Macao, and from Taiwan province employed by the enterprises with foreign investment,
who are up to the requirements as stipulated in the present Measures set on foreign experts, separate certificates for experts from
Hong Kong, Macao, and Taiwan shall be issued, the processing of which shall be made in accordance with the spirit of these Measures.

Article 21

The foreign affairs offices of the provinces, autonomous regions and municipalities directly under the Central Government shall formulate
bylaws for the implementation of these Measures in light of the local conditions.

Article 22

The Document Affirming the Employment of Foreign Experts, the Foreign Expert Certificates, and the Foreign Expert ID Cards shall be
uniformly prepared and printed by the State Administration of Foreign Experts Affairs.

Article 23

The State Administration of Foreign Experts Affairs shall be responsible for the interpretation of these Measures.

Article 24

These Measures shall enter into force as of the date of promulgation.

 
The State Administration of Foreign Experts Affairs
1996-09-01

 




REGULATIONS ON SECURITY PROTECTION IN CIVIL AVIATION

Category  CIVIL AVIATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-07-06 Effective Date  1996-07-06  


Regulations of the People’s Republic of China on Security Protection in Civil Aviation

Chapter I  General Provisions
Chapter II  Security Protection in Civil Airport
Chapter III  Security Protection for Civil Aviation Operations
Chapter IV  Security Inspection
Chapter V  Penalties
Chapter VI  Supplementary Provisions

(Promulgated by Decree No.201 of the State Council of the People’s

Republic of China on July 6, 1996)
Chapter I  General Provisions

    Article 1  These Regulations are formulated with a view to preventing the
unlawful interference in civil aviation activities, maintaining the order in
civil aviation and ensuring civil aviation safety.

    Article 2  These Regulations are applicable to all civil aviation
activities and to units and individuals involving in civil aviation activities
within the territory of the People’s Republic of China.

    These Regulations are also applicable to civil aircraft of Chinese
nationality that engage in civil aviation activities outside the territory of
the People’s Republic of China, unless otherwise provided in international
treaties concluded or acceded to by the People’s Republic of China.

    Article 3  The work for security protection in civil aviation shall be
conducted under the principle of unified administration and responsibility
assumed by each department for its own work.

    The public security organs of civil aviation (hereinafter referred to as
“CA public security organs”) shall be responsible for the unified
administration, inspection and supervision of the work for security protection
in civil aviation.

    Article 4  Local people’s governments concerned should be in close
cooperation with civil aviation units to keep civil aviation safety together.

    Article 5  Passengers, consignors and consignees of cargoes, and other
persons to enter an airport should observe laws, regulations and rules on the
administration of civil aviation safety.

    Article 6  The operators of a civil airport and civil aircraft should
perform the following duties:

    (1) drawing up their own plans for security protection in civil aviation
and submitting them to the competent civil aviation authority under the State
Council for the record;

    (2) taking strict measures for civil aviation security; and

    (3) making regular training for civil aviation security and removing in
time hidden dangers to civil aviation security.

    Foreign civil aviation enterprises having air services with the People’s
Republic of China should submit their plans for security protection in civil
aviation to the competent civil aviation authority under the State Council for
the record.

    Article 7  Any citizen is enpost_titled to expose to the CA public security
organs attempted hijacking or damage to civil aircraft or other actions
jeopardizing the safety in civil aviation.

    Article 8  A unit or individual that has distinguished itself or himself
in keeping civil aviation safety shall be rewarded by the people’s government
concerned or the competent civil aviation authority under the State Council.
Chapter II  Security Protection in Civil Airport

    Article 9  The construction, reconstruction and expansion of a civil
airport (including part for civil air operations in an airport both for
military and civilian purposes, the same below) should conform to stipulations
of the competent civil aviation authority under the State Council on the
construction of security installations in civil airport.

    Article 10  The following conditions of security protection should be
satisfied if a civil airport is to be opened for use:

    (1) having an airport control area and assigning full-time guards;

    (2) having protective rails and patrol passageways all of which should
conform to standards;

    (3) having a security protection organ with necessary personnel and
equipment;

    (4) having a security inspection organ with personnel and inspection
equipment suitable for its transport capacity;

    (5) having a full-time fire brigade with personnel and equipment provided
according to its fire prevention grade; and

    (6) formulating a crash programme and providing necessary emergency rescue
equipment.

    Article 11  The airport control area should, according to the requirements
for security protection, be divided into the isolated waiting area, the
luggage distribution area, the aircraft operation and maintenance area, the
cargo storing area, and so on. All such areas should separately be provided
with security protection facilities and clear signs.

    Article 12  Strict security measures should be taken in the airport
control area and management be conducted with different areas closed to each
other. The specific measures shall be formulated by the competent civil
aviation authority under the State Council.

    Article 13  Persons and vehicles to enter the airport control area must
wear a pass of the airport control area and accept the inspection by guards.

    The pass of the airport control area shall be issued and managed by the
CA public security organs according to the relevant provisions of the
competent civil aviation authority under the State Council.

    Article 14  Persons and vehicles within the aircraft operation and
maintenance area must move along designated routes. Vehicles and equipment
must be parked or placed in designated positions. Any person and vehicle must
make way for aircraft.

    Article 15  Special guards must be appointed for civil aircraft parked in
the airport. Each department concerned and its staff members must strictly
follow a shift system for guarding aircraft.

    Article 16  It is prohibited to commit any of the following actions:

    (1) climbing over, passing through or damaging protective rails and other
security facilities in the airport;

    (2) hunting, grazing livestock, drying grain in the air or sun, or
teaching driving within the airport control area;

    (3) entering the airport control area without a pass;

    (4) wantonly going across the aircraft runways or taxiing paths;

    (5) boarding or occupying aircraft by force;

    (6) falsely reporting dangers to make disturbance; and

    (7) committing other actions disturbing the order in the airport.
Chapter III  Security Protection for Civil Aviation Operations

    Article 17  The sale of passenger tickets by the carrier or his agent must
conform to the relevant provisions of the competent civil aviation authority
under the State Council. Passenger tickets must not be sold to those who do
not conform to the provisions.

    Article 18  The carrier must check the passenger and his luggage when
going through acceptance formalities.

    Article 19  The carrier must check the number of passengers when
passengers go on board.

    If a passenger has already gone through the boarding formalities but not
boards the aircraft, his luggage must not be loaded or left in the aircraft.

    If a passenger stops traveling in the course of flight, his luggage must
be unloaded.

    Article 20  The carrier must appoint special agents to exercise
supervision and control over luggage and cargoes it understands to transport
during the period of the storage or transport on the surface.

    Article 21  A unit responsible for preparing and loading provisions must
ensure the security of provisions to be loaded in the aircraft.

    Article 22  The pilot-in-command shall take overall responsibility for
security protection in flight.

    The air security inspector shall, under the leadership of the
pilot-in-command, take charge of the detailed affairs for security protection.

    The pilot-in-command, the air security inspector and other crew members
should strictly perform their duties in order to ensure the safety of civil
aircraft and persons and property carried therein.

    Article 23  In performing his duties, the pilot-in-command may exercise
any of the following powers:

    (1) He may refuse takeoff where he discovers before the takeoff of the
aircraft that a party concerned fails to take security measures for the
aircraft prescribed in these Regulations.

    (2) He may take control measures in flight over anyone who disturbs the
order on board and the normal work of crew members in disregard of dissuasion.

    (3) He may take necessary measures in flight against hijacking, damage to
the aircraft or other actions jeopardizing the security.

    (4) He may make a final decision on the disposal of the aircraft under the
special circumstances in flight.

    Article 24  It is prohibited to commit any of the following actions
disturbing the order in the operation of civil aviation:

    (1) reselling for profit certificates for purchasing tickets, passenger
tickets or valid booking certificates of an air transport enterprise;

    (2) booking tickets or going on board with other’s identity certificate;

    (3) consigning or carrying luggage or articles not belonging to the
passenger themselves on the strength of the passenger ticket; and

    (4) loading the aircraft with articles without passing security inspection
or taking other security measures.

    Article 25  It is prohibited to commit any of the following actions on
board:

    (1) smoking in the no smoking zone;

    (2) rushing to seize seats or luggage racks (cabins);

    (3) brawling, excessively drinking or instigating quarrels;

    (4) stealing, intentionally damaging or moving without authorization
lifesaving materials and appliances; and

    (5) committing other actions jeopardizing the flight safety or disturbing
the order on board.
Chapter IV  Security Inspection

    Article 26  All passengers or other persons who intend to fly in civil
aircraft, along with luggage and articles carried with them, must undergo
security inspection with the exception of those exempt from inspection
according to the stipulations of the State Council.

    Anyone who refuses security inspection must not be permitted to go on
board and shall himself bear the losses incurred.

    Article 27  Security inspectors should check the passenger ticket, the
identity certificate and the boarding card and should exercise security
inspection of passengers and their luggage and articles by instrument or by
hand. When necessary, they may conduct a strict inspection.

    Passengers having passed security inspection should wait within the
isolated waiting area.

    Article 28  Workers (including crew members) to enter the isolated waiting
area and articles carried with them should undergo security inspection.

    Persons meeting or seeing off passengers and others must not enter the
isolated waiting area.

    Article 29  Diplomatic bags shall be exempt from security inspection. The
diplomatic courier and other articles carried with him should undergo security
inspection unless there are other provisions in international treaties
concluded or acceded to by the People’s Republic of China.

    Article 30  Cargoes to be transported by air must undergo security
inspection or be handled by other security measures.

    The consignor must not falsely declare the description of cargoes or
conceal dangerous articles among them.

    Article 31  Airmails must undergo security inspection. If any mail is
found suspicious, the security inspection department should, in consultation
with the postal department, unpack it to make an inspection and deal with it.

    Article 32  Unless otherwise provided by the State Council, anyone who
intends to fly in civil aircraft shall be forbidden from carrying with him or
consigning any of the following articles:

    (1) guns, ammunition, armaments and police appliances;

    (2) controlled knives;

    (3) inflammable, explosive, poisonous, corrosive or radioactive materials;
and

    (4) other articles the transportation of which is prohibited by state
provisions.

    Article 33  Articles other than those prescribed in the Article 32 of
these Regulations which may be used to jeopardize civil aviation safety must
not be carried by passengers. Such articles may, however, be consigned as
luggage, or carried and delivered at the destination by crew members according
to the relevant provisions of the competent civil aviation authority under the
State Council.

    Quantity limits shall be set for the carriage of articles for daily use
which contain inflammable substances. The said articles and their limited
quantities shall be specified by the competent civil aviation authority under
the State Council.
Chapter V  Penalties

    Article 34  If anyone violates the provisions of Article 14 of these
Regulations, or commits any of the acts prescribed in Article 16, Items (1)
and (2) of Article 24 or Article 25 of these Regulations, the CA public
security organs shall punish him in accordance with the provisions of the
Regulations of the People’s Republic of China on Administrative Penalties for
Public Security.

    Article 35  If anyone violates the relevant provisions of these
Regulations, the CA public security organs shall punish him in accordance with
the following provisions:

    (1) Anyone who commits the acts prescribed in Item (4) of Article 24 of
these Regulations may be given a warning or fined not more than 3,000 yuan.

    (2) Anyone who commits the acts prescribed in Item (3) of Article 24 of
these Regulations may be given a warning, with his unlawful gains confiscated,
or fined not more than 5,000 yuan.

    (3) Anyone who violates the provisions of the second paragraph of Article
30 or Article 32 of these Regulations may, if his act has not confiscated a
crime, be fined not more than 5,000 yuan, with his articles unlawfully carried
confiscated or seized.

    Article 36  In any of the following circumstances, the competent civil
aviation authority may give a warning to any unit violating the provisions of
these Regulations, order it to suspense business operations pending
rectification or fine it not more than 50,000 yuan. The CA public security
organs may give a warning to the person directly responsible or fine him not
more than 500 yuan.

    (1) in violation of the provisions of Article 15 of these Regulations,
causing aircraft out of control;

    (2) in violation of the provisions of Article 17 of these Regulations,
selling passenger tickets;

    (3) in violation of the provisions of Article 18 of these Regulations,
failing to check the passenger and his luggage on the part of the carrier in
going through acceptance formalities;

    (4) violating the provisions of Article 19 of these Regulations; or

    (5) in violation of the provisions of Article 20, Article 21, the first
paragraph of Article 30 or Article 31 of these Regulations, take no security
measures for articles to be transported or loaded in aircraft.

    Article 37  If anyone violates the relevant provisions of these
Regulations and the act has constituted a crime, criminal liability shall be
investigated according to law.

    Article 38  Anyone who violates the provisions of these Regulations
should, in addition to punishment in accordance with the provisions of this
Chapter, bear responsibility for compensation according to law if he causes
losses to property of a unit or individual.
Chapter VI  Supplementary Provisions

    Article 39  The meaning of terms mentioned in these Regulations:

    “Airport control area” refers to an area which is delimited within an
airport according to security requirements and within which restrictions are
imposed on entry and exit persons and articles.

    “Isolated waiting area” refers to an area delimited within a waiting
building (or room) according to security requirements for exit passengers
having passed security inspection to wait for boarding the aircraft, as well
as to boarding passages and ferrying vehicles.

    “Aircraft operation area” refers to an area used by aircraft to takeoff,
land and conduct other related ground activities, including runways, taxiing
paths, liaison paths and the airliner parking area.

    Article 40  These Regulations comes into force on the date of promulgation.






VOCATIONAL EDUCATION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.69

The Vocational Education Law of the People’s Republic of China which has been adopted at the 19th Meeting of the Standing Committee
of the Eighth National People’s Congress on May 15, 1996 is promulgated now, and shall enter into force as of September 1, 1996

President of the People’s Republic of China Jiang Zemin

May 15, 1996

Vocational Education Law of the People’s Republic of China ContentsChapter I General Provisions

Chapter II The System of Vocational Education

Chapter III The Implementation of Vocational Education

Chapter IV The Guarantee of Vocational Education

Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1

With a view to implementing the strategy of rejuvenating China through science and education, developing vocational education, enhancing
the quality of laborers and promoting the construction of the socialist modernization, this Law is hereby enacted in accordance with
the Education Law and the Labor Law.

Article 2

This Law shall apply to various vocational school education at various levels and vocational training in various forms. Special training
conducted by state organs for their personnel shall be prescribed separately by laws and regulations.

Article 3

Vocational education is an important part of educational undertakings of the state and an important way to promote the economic and
social development and the employment.

The state shall develop the vocational education, push the vocational education reform, raise the quality of vocational education,
establish and improve a vocational education system that keeps abreast of the market economy and social progress.

Article 4

Vocational education shall follow the state’s educational policy, giving the education receivers education on ideology, politics and
vocational ethics, teaching vocational knowledge, developing vocational technical abilities, conducting vocational directions and
raising the quality of the education receivers in an all-round way.

Article 5

Citizens shall have the right to receive vocational education.

Article 6

People’s governments at various levels shall incorporate the development of vocational education into the planning of the national
economy and social development.

Trade associations, enterprises and institutional organizations shall perform their duties to carry out vocational education in accordance
with law.

Article 7

The state shall adopt measures to develop rural vocational education and support the minority nationality regions, remote border areas
and poverty-stricken areas to develop their vocational education.

The state shall adopt measures to assist women in receiving vocational education, organize the unemployed to receive vocational education
in various forms and give aid to the development of the vocational education for disabled people.

Article 8

Vocational education shall, in the light of actual needs and according to the vocational categories and vocational grade standards,
adopt systems of academic credentials, training certifications and vocational credentials.

The state shall adopt a system under which workers shall receive necessary vocational education before taking up occupations or going
to their posts.

Article 9

The state shall encourage and organize scientific research in vocational education.

Article 10

The state shall give rewards to organizations and individuals who have made remarkable achievements in the work of vocational education.

Article 11

The education administrative department of the State Council shall be responsible for the overall planning, comprehensive coordination
of and macro control of vocational education.

The education administrative department, the labor administrative department and other relevant departments of the State Council shall,
within the scope of their functions and duties prescribed by the State Council, be respectively responsible for relevant work of
vocational education.

Local people’s governments at county level and above shall strengthen the leadership, overall coordination, supervision, direction
and assessment with regard to the work of vocational education in their own administrative regions.

Chapter II The System of Vocational Education

Article 12

The state shall, in accordance with the economic development level and the situation of universal education of various regions, implement
the educational division at different stages mainly after junior middle school, institute and improve a vocational education system
under which vocational education and vocational training shall be developed concurrently and vocational education shall be connected
with other education with coordinate development of both.

Article 13

Vocational school education includes primary, secondary and higher vocational school education.

Primary and secondary vocational school education shall be carried out respectively by primary and secondary vocational schools. Higher
vocational school education shall, in accordance with the actual needs and conditions, be undertaken by higher vocational school
or by common institutions of higher learning. Other schools may, in accordance with the overall planning by the education administrative
department, implement vocational school education at corresponding levels.

Article 14

Vocational training includes training before employment, training for armymen transferred to civilian work, training for apprentices,
on-the-job training, transfer training and other training of vocational nature. Vocational training may, according to the actual
situation, be classified as primary, secondary or higher vocational training.

Vocational training shall be respectively undertaken by corresponding vocational training institutions and vocational schools.

Other schools and educational institutions may, according to their educational capacity, develop various vocational training to meet
the needs of the society.

Article 15

In addition to the educational institutions for disabled people which shall give vocational education to disabled people, vocational
schools, vocational training institutions and other educational institutions at various levels and of various types shall, in accordance
with relevant provisions of the state, admit disabled students and give them vocational education.

Article 16

Common middle schools may, in line with local conditions, open vocational education courses or, in accordance with the actual needs,
appropriately increase the contents of vocational education in teaching.

Chapter III The Implementation of Vocational Education

Article 17

Local people’s governments at county level and above shall sponsor vocational schools and vocational training institutions and make
them as mainstays and examples, give guidance and support to vocational schools and vocational training institutions held in accordance
with law in rural areas or by enterprises, institutional organizations, social organizations, other social groups or citizens.

Article 18

People’s governments at county level shall, in accordance with the need of overall and coordinate development of rural economy, agricultural
science, technology and rural education, conduct vocational education in various forms, develop training of practical technology
and promote the development of rural vocational education.

Article 19

The competent departments of the governments and trade associations shall jointly sponsor or sponsor on their own vocational schools
and vocational training institutions, organize, coordinate and direct the enterprises and institutional organizations of their own
sector or trade in running vocational schools and vocational training institutions.

Using modern teaching methods to develop vocational education shall be encouraged by the state.

Article 20

Enterprises shall, in accordance with their actual situation, give vocational education in a planned way to their staff and workers
and persons to be employed.

Enterprises may jointly run or run on their own vocational schools and vocational training institutions, they may also entrust vocational
schools or vocational training institutions with the vocational education of their staff and workers or persons to be employed by
them.

Staff and workers engaging in technical work must receive proper training before going to their posts. Staff and workers engaging
in special work must receive relevant training and obtain qualifications for the special work.

Article 21

The state encourages institutional organizations, social organizations, other social groups and citizens to run vocational schools
and vocational training institutions in accordance with relevant provisions of the state.

Procedures for sponsorship of vocational schools and vocational training institutions in China by organizations or individuals from
abroad shall be formulated by the State Council.

Article 22

For jointly sponsoring a vocational school or vocational training institution, the sponsors shall conclude a contract for the joint
sponsorship.

Where a competent department of the government, trade association, enterprise or institutional organization entrusts a vocational
school or vocational training institution with vocational education, a contract shall be concluded for the entrustment.

Article 23

In conducting vocational education, vocational schools and vocational training institutions shall combine education with practice,
serve the local economic construction, maintain close ties with enterprises and train practical personnel and skilled workers.

Vocational schools and vocational training institutions may run enterprises and training places regarding the vocational education.

Article 24

For establishment of a vocational school, the following basic conditions must be satisfied:

(1)

Have its organizational structure and constitution;

(2)

Have qualified teachers;

(3)

Have teaching places which accord with the prescribed standards, and facilities and equipment suitable for the vocational education;
and

(4)

Have necessary funds for running the school and stable sources of the funds.

The following basic conditions must be satisfied for the establishment of a vocational training institution:

(1)

Have its organizational structure and management system;

(2)

Have teachers and management personnel suited to the training tasks;

(3)

Have necessary places, facilities and equipment for the conduct of training; and

(4)

Have necessary funds.

The establishment, changes and termination of vocational schools and vocational training institutions shall be conducted in accordance
with relevant provisions of the state.

Article 25

Students receiving education from vocational schools shall, after passing the examination of the school, be issued academic credentials
in accordance with relevant provisions of the state. Students receiving vocational training shall, after passing the examination
of the vocational schools or vocational training institutions which give the training, be issued training certifications in accordance
with relevant provisions of the state.

Academic credentials and training certifications shall, in accordance with relevant provisions of the state, be used as certifications
of graduates and trainees of vocational schools and vocational training institutions when them are employed.

Chapter IV The Guarantee of Vocational Education

Article 26

The state encourages raising funds from various channels according to law for the development of vocational education.

Article 27

People’s governments of various provinces, autonomous regions and municipalities directly under the central government shall determine
the average financial standard per student of vocational schools in their administrative regions; relevant departments of the State
Council shall, in conjunction with the financial department of the State Council, determine the average financial standard per student
of vocational schools under the departments. Sponsors of vocational schools shall, in accordance with the average financial standards
per student, appropriate in full the vocational education funds.

People’s governments at various levels and relevant departments of the State Council shall increase step by step the financial allocations
for vocational schools and vocational training institutions.

No organization or individual may embezzle or pocket a portion of funds for vocational education.

Article 28

Enterprises shall bear the expenses for vocational education given to their staff and workers and persons to be employed by them.
The concrete measures shall be formulated according to law by relevant departments of the State Council together with the finical
department of the State Council or by people’s governments of provinces, autonomous regions or municipalities directly under the
central government.

Article 29

If any enterprise fails to conduct vocational education in accordance with Article 20 of this Law, the local people’s government
at county level or above shall order it to make correction; if the enterprise refuses to make correction, the vocational education
funds that the enterprise should bear may be collected, and such funds shall be used for the local vocational education.

Article 30

People’s governments of provinces, autonomous regions and municipalities directly under the central government may set aside a special
sum or arrange a portion for vocational education from the local extra charges they have decided to collect for education in accordance
with relevant provisions of the Education Law.

Article 31

People’s governments at various levels may appropriate proper amounts for rural vocational training from the funds for developing
agricultural science and technology or for spreading the technology.

Article 32

Vocational schools and vocational training institutions may charge tuition fees from students receiving secondary or higher vocational
school education or vocational training, but students with financial difficulties and disabled students shall enjoy a partial or
total tuition waiver. The measures for collection of tuition shall be formulated by people’s governments of provinces, autonomous
regions and municipalities directly under the central government.

The state encourages enterprises, institutional organizations, social organizations, other social groups and citizens to establish,
in accordance with relevant provisions of the state, scholarship and loans for vocational education to give rewards to students getting
excellent marks in studies or to aid students with financial difficulties.

Article 33

Incomes received from the running of enterprises and provision of social service by vocational schools and vocational training institutions
shall be mainly used to develop vocational education.

Article 34

The state encourages financial institutions to support and develop vocational education by applying the way of credit.

Article 35

The state encourages enterprises, institutional organizations, social organizations, other social groups and citizens to donate to
vocational education, encourages organizations and individuals from abroad to give financial aid or make donations to vocational
education. The aid and donation offered must be used in vocational education.

Article 36

People’s governments at county level and above and relevant departments shall incorporate the training of vocational education teachers
into the planning of construction of contingent of teachers, so as to ensure that the contingent of vocational education teachers
can meet the needs of the development of vocational education.

Vocational schools and vocational training institutions may engage specialized technical persons, persons with special technical ability
and teachers of other educational institutions as part-time teachers. The relevant departments and units shall give convenience.

Article 37

Relevant departments of the State Council, local people’s governments at county level and above and the organizations and citizens
running vocational schools and vocational training institutions shall strengthen the construction of productive and training bases
for vocational education.

Enterprises and institutional organizations shall accept students and teachers from vocational schools and vocational training institutions
to do practice; those doing practice on certain posts shall be paid properly.

Article 38

People’s governments at county level and above and relevant departments shall establish and improve a service system for vocational
education and strengthen the work of edition, publishing and distribution of teaching materials for vocational education.

Chapter V Supplementary Provisions

Article 39

Those violating provisions of the Education Law in vocational education activities shall be punished in accordance with relevant provisions
of the Education Law.

Article 40

This Law shall enter into force on September 1,1996.

 
The Standing Committee of the National People’s Congress
1996-05-15

 




CONSTITUTION ACT, 1982 – page 22

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