MEASURERS ON THE REGULATION OF PUBLIC COMPUTER NETWORKS AND THE INTERNET
PROVISIONS ON THE USE OF RED CROSS SIGNS
Category | SOCIAL ORGANIZATION | Organ of Promulgation | The State Council and the Central Military Commission | Status of Effect | In Force |
Date of Promulgation | 1996-01-29 | Effective Date | 1996-01-29 |
Provisions of the People’s Republic of China on the Use of Red Cross Signs |
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Chapter I General Provisions
Chapter II Protective Use of Red Cross Signs
Chapter III Indicative Use of Red Cross Signs
Chapter IV Prohibitive Use of Red Cross Signs
Chapter V Penalties
Chapter VI Supplementary Provisions
(Promulgated by Decree No.194 of the State Council and the Central
Military Commission of the People’s Republic of China on January 29, 1996)
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Law on
the Red Cross Society and for the purpose of safeguarding the dignity of the
red cross signs and properly using the red cross signs.
Article 2 The red cross sign is the red cross on the white background.
Article 3 The red cross sign is the protection sign for international
humanitarianism, the special sign of the medical establishments of the armed
force and the sign specially used by the red cross society.
Except those described in these Provisions, the use of the red cross sign
by any organization or individual shall be prohibited.
Article 4 The red cross sign has both protection and indication roles,
each of which shall not be used in confusion.
Article 5 The local people’s government at different levels shall
supervise and administer on the use of the red cross signs within their
administrative areas according to these Provisions.
The local red cross society at different levels shall assist the local
people’s government at the same level with the supervision and administration
on the use of red cross signs.
Chapter II Protective Use of Red Cross Signs
Article 6 Protective use of red cross signs means that, during an armed
conflict, the conflicting parties shall give protection and respect to the
persons wearing the red cross signs according to these Provisions and to the
places and its articles and medical conveyance marked with red cross signs.
Article 7 When the red cross sign is used as protective sign, nothing
shall be added to the sign.
When the red cross sign is used as protective sign, if it is used on a
flag, the red cross sign shall not touch the boundary of the flag; if it is
used on an armband, the red cross sign shall be located in the middle of the
armband; if it is used on a building, the red cross sign shall be located on
the obvious part of the top of the building.
When the red cross sign is used as protective sign, it shall be able to be
identified from as far away as possible or from different direction; it shall
be lighted or decorated with the luminous body at night or when the visibility
is low.
Article 8 During an armed conflict, the following persons may use the
protective red cross signs:
(1) the medical personnel and staff member of the medical establishments
of the armed force;
(2) the medical personnel and staff member of the red cross society;
(3) the medical personnel and staff member of the international red cross
organization and foreign red cross organization approved by the State Council
or the Central Military Committee;
(4) the medical personnel and staff member in the military and civil
medical conveyance; or
(5) the personnel of volunteering relief body home and abroad approved by
the State Council or the Central Military Committee and the medical personnel
of civil medical establishments.
Article 9 During an armed conflict, the protective red cross signs may be
used by or on one of the following institution or organization and its
location, articles or medical conveyance:
(1) the medical establishments of the armed force;
(2) the red cross society taking part in the relief activity;
(3) the volunteering relief body and medical institution home and abroad
approved by the State Council or the Central Military Committee; or
(4) the international organization approved by the State Council or the
Central Military Committee.
Article 10 The person using protective red cross signs shall carry with
himself the identification certificate issued by the department with
authorization from the State Council or the Central Military Committee.
Article 11 The personnel and the location and its articles and medical
conveyance, of the medical establishments of the armed force, may use
protective red cross signs in peace time.
Chapter III Indicative Use of Red Cross Signs
Article 12 Indicative use of red cross signs means the indication of the
person or matter concerning the red cross activities.
Article 13 When the red cross sign is used as indicative sign, the name
or name abbreviation of the red cross society shall be accompanied under the
red cross sign and the red cross sign shall not be located on the top of the
building.
When the personnel or member of the red cross society and other relevant
personnel carry out their duties, they shall wear an armband of small size
marked with the red cross sign; when they do not carry out the duties, they
may wear a badge or brooch of small size on the breast marked with the red
cross sign.
Article 14 Any of the following persons may use the indicative red cross
signs:
(1) the staff member of the red cross society;
(2) the member of the red cross society; or
(3) youngsters member of the red cross society.
Article 15 The indicative red cross signs may be used in any of the
following places:
(1) the building used by the red cross society;
(2) the medical establishments belonging to the red cross society; or
(3) the places where the red cross society develops activities meeting
with its purpose.
Article 16 The indicative red cross signs may be used on any of the
following articles or conveyance:
(1) the badge, medal or insignia of the red cross society;
(2) the printed matters or propaganda material of the red cross society; or
(3) the first-aid or relief material and conveyance of the red cross
society.
Article 17 If indicative red cross signs are needed to be used exceeding
the extent described in these Provisions, approval shall be obtained from Head
Office of the Red Cross Society.
Chapter IV Prohibitive Use of Red Cross Signs
Article 18 The red cross signs shall not used:
(1) in the trademark or commercial advertisement;
(2) by those other than the red cross society or the medical
establishments of non-armed force;
(3) by medicine shop or veterinary station;
(4) in the goods package;
(5) in the mark of a company;
(6) in a project design or product design; or
(7) under other circumstances than those described in these Provisions
where the red cross signs may be used.
Chapter V Penalties
Article 19 To any of the following circumstances against these
Provisions, the red cross society shall be enpost_titled to dissuade it and demand
stopping use; if anyone refuses to stop use, the red cross society may submit
to the people’s government for ordering to stop use:
(1) where the indicative red cross signs are used by other person than the
staff member, member, or youngsters member of the red cross society;
(2) where the indicative red cross signs are used on or in the building
and other places which are not used by the red cross society;
(3) where the indicative red cross signs are used by the medical
establishments which do not belong to the red cross society;
(4) where the indicative red cross signs are used on the articles or
conveyance which do not belong to the red cross society; or
(5) under other circumstances to use the red cross signs against these
Provisions.
Article 20 Anyone who uses the red cross signs without authorization
against the provisions of Article 18 in these Provisions shall be ordered to
stop use, be confiscated with the illegal income and imposed upon a fine below
10,000 yuan by the people’s government at or above county level.
Article 21 Anyone who obstructs the staff member to carry out duties
according to the law shall be imposed upon administrative penalties for public
security or investigated for criminal responsibility according to the law.
Article 22 Any organization or individual from the armed force who
violates these Provisions shall be dealt with by the relevant military
department.
Chapter VI Supplementary Provisions
Article 23 If there is anything concerning the protective use of red
cross signs not covered in these Provisions, the relevant provisions of Geneva
Convention and its appended agreements shall apply.
Geneva Convention and its appended agreements described in the preceding
paragraph means the convention and agreements described in Article 27 of the
Law of the People’s Republic of China on Red Cross Society.
Article 24 These Provisions shall come into force as of the date of
promulgation.
ADMINISTRATION ORDINANCE ON DEVELOPMENT AND MANAGEMENT OF URBAN REAL ESTATE
(Effective Date:1996.08.14–Ineffective Date:)
CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO ENTERPRISES FOR THE DEVELOPMENT OF REAL ESTATE CHAPTER THREE REAL ESTATE DEVELOPMENT COSNTRUCTION Article 1 In order to standardize acts of development and management of urban real estate, to strengthen the supervision and administration Article 2 Development and management of real estate, as referred to in the present Ordinance, refer to acts of the construction of infrastructure Article 3 Development and management of real estate shall, in accordance with the principle of the unification of economic benefits, social Article 4 The construction administrative organ under the State Council shall be responsible for the supervision and administration of acts Organs of local people’s governments at or above the county level responsible for administration of development and management of In accordance with the provisions of laws and administrative regulations, organs of people’s governments at or above the county level
CHAPTER TWO ENTERPRISES FOR THE DEVELOPMENT OF REAL ESTATE Article 5 Besides complying with the requirements of establishment of enterprises stipulated in relevant laws and administrative regulations, (1) have registered capital of 1,000,000 yuan or more; (2)have 4 or more full-time technical personnel in the fields of real estate and construction engineering, who have obtained certificate In accordance with local situations, people’s governments of provinces, autonomous regions and municipalities directly under the state Article 6 When investing to establish real estate development enterprises, a foreign merchant shall, besides complying with the provisions Article 7 The establishment of real estate development enterprises shall apply to be registered with administrative organs for commerce and When examining application for registration of the establishment of real estate development enterprises, administrative organs for Article 8 Within 30 days after drawing management certificate, enterprises for real estate development shall put on record with the following (1) a copy of the management certificate; (2) the charter of the enterprise; (3) certificate for verification of capital; (4) ID of the legal representative of the enterprise; (5) cerficate of qualifications and contract of employment of professional technical personnel. Article 9 In accordance with the assets, professional technical personnel and achievements in development and management of real estate development
CHAPTER THREE REAL ESTATE DEVELOPMENT COSNTRUCTION Article 10 Real estate development projects shall be ascertained in accordance with the requirements of the overall plan for land use, annual Article 11 The ascertainment of real estate development projects shall, in accordance with the principle of integratition of the reconstruction Articel 12 The land for real estate development shall be obtained through remising; however, this shall not apply when it can be obtained Before the right to use land is remised or transferred, administrative organs responsible for urban planning and administrative organs (1) the essence, scale and duration of development of the project of real estate development; (2) the engineering requirements of urban planning; (3) the construction requirements concerning infrastructure and public utilities; (4) the defination of property rights after the infrastructure is constructed; (5) the requirements concerning the compensation and aftercare in relocation of the project. Article 13 The system of capital cash shall be set up in real estate development; the ratio of capital cash to total investment of the project Article 14 The development and construction of real estate development projects shall have overall arrangement in relevant infrastructure, which Article 15 Enterprises of real estate development shall carry out the development and construction of the project in accordance with the use Article 16 The real estate projects developed and constructed by enterprises for real estate development shall comply with the provisions of Real estate development enterprises shall be responsible for the quality of the real estate development projects developed and constructed Units of reconnaissance, design, construction and supervision shall bear corresponding responsibilities in accordance with the provisions Article 17 Real estate development projects shall not be delivered for use before they are completed and checked and accepted as qualified. After real estate development projects are completed, real estate development enterprises shall apply for check and acceptance after Article 18 On completion of group housing real estate projects such as housing districts, they shall be checked and accepted in accordance with (1) the circumstances of the implementation of the designing requirements of urban planning; (2) the circumstances of the construction of necessary infrastructure and public utilities as required by urban planning; (3) the circumstances of the check and acceptance of construction quality of separate projects; (4) the circumstances of the implementation of the plan of relocation; (5) the circumstances of the implementation of real estate administration. Group housing real estate development projects such as housing districts, which are developed in installments may be checked and accepted Article 19 Real estate development enterprises shall register in the pamphlet of real estate development projects the major affairs in the course
CHAPTER FOUR MANAGEMENT OF REAL ESTATE Article 20 The transfer of real estate development projects shall be in accordance with the requirements of Article 38 and Article 39 of Law Article 21 When transferring real estate development projects, the transferor and the transferee shall, within 30 days after the completion Articel 22 When real estate development enterprises transfer real estate development projects and the relocation and compensation Article 23 When selling commercial housing in advance, real estate development enterprises shall meet the following requirements: (1) have paid all the remuneration for assignment of the right to the use of land and obtained certificate of the the right to the (2) have certificate of construction project planning and certificate of construction; (3) calculated in accordance with the commercial housing provided for advance sale, the capital that has already been invested has (4) the registration for advance sale has been completed and the certificate of permission of advance sale of commercial housing has Article 24 When applying for registration of advance sale of commercial housing, enterprises of real estate development shall submit the following (1) the certifying materials as stipulated in Sections (1) to (3) of Article 23 of this Ordinance; (2) management certificate and certificate of the level of qualifications; (3) contract of construction; (4) ichnograph for separate stories of the commercial housing for advance sale; (5) plan for advance sale of commercial housing. Article 25 Administrative organs responsible for real estate development shall, within 10 days after receiving application for advance sale Article 26 Real estate development enterprises shall not engage in false advertising activities; the serial number of the certifying documents Article 27 When selling commercial housing in advance, enterprises for real estate development shall show to persons purchasing in advance the Enterprises for real estate development shall, within 30 days after the signing of contracts for advance sales of commercial housing, Article 28 When selling in advance commercial housing, the parties shall sign a written contract, which shall stipulate the area of construction Articel 29 When assigning intermediary institutions to sell commercial housing, enterprises for real estate development shall issue Article 30 The prices of the transfer of real estate development projects and of the sales of commercial housing shall be negotiated and agreed Article 31 When delivering commercial housing for use, enterprises for real estate planning shall issue letter of garuatee of quality and user’s Letter of garuatee of quality shall list the quality level as checked and examined by unit of supervision of the quality of the project, If, within the period of garuanteed repairing, the original utility of the housing is affected and damages are incurred upon the buyer Article 32 After the commercial housing is delivered for use and the buyer believes that the quality of the main structure doesn’t meet requirements, Article 33 The buyer of commercial housing sold in advance shall, within 90 days after the delivery of commercial housing for use, complete
Article 34 Those who engage in real estate development on themselves without obtaining management certificate in contravention to the present Article 35 Those who engage in real estate development without obtaining certificate of level of qualification or beyond their certificates Article 36 Those who deliver housing for use before it’s checked and accepted in contravention to the provisions of the present Ordinance shall Article 37 Those who deliver for use the housing that doesn’t pass check and acceptance in contravention to the provisions of the present Ordinance Article 38 Those who transfer real estate development projects on their own in contravention to the provisions of the present Ordinance shall Article 39 Those who sell commercial housing in advance on their own in contravention to the provisions of the present Ordinance shall be ordered Article 40 If, in the supervision and administration of real estate development and management, employees with state organs neglect their duty,
CHAPTER SIX MISCELLANEOUS PROVISIONS Article 41 For the development and management of real estate on state owned land outside urban planning areas , the supervision and administration Article 42 Lands that are owned by collectives within urban planning areas couldnt be used in real estate development and management before Article 43 The present Ordinance shall be effective upon the date of promulgation.
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PROCEDURES OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF TELECOMMUNICATIONS SERVICES
CHAPTER I GENERAL PROVISIONS CHAPTER II ADMINISTRATION OF NATURAL ENDOWMENTS CHAPTER III MANAGEMENT OF THE BUSINESS OPERATIONS CHAPTER IV LEGAL LIABILITIES CHAPTER V SUPPLEMENTARY PROVISIONS Article 1 (Purpose and Basis) The present Procedures are formulated in accordance with the relevant State stipulations and the “Provisions of Shanghai Municipality Article 2 (Definition) The telecommunications services specified in the present procedures refers to the various kinds of services, based on the customers’ Article 3 (Scope of Application) The present Procedures apply to the business operations of telecommunications services and their administration in this Municipality. Article 4 (Basic Principles) Business operations of telecommunication services shall be carried out in compliance with the following principles: monopolization Article 5 (Competent Departments and Coordinated Departments) The Post and Telecommunications Administrative Bureau of Shanghai Municipality (hereinafter referred to as “Municipal Post and Telecommunications The departments of industry and commerce, public security, price control, customs and radio transmission administration, shall, in
CHAPTER II ADMINISTRATION OF NATURAL ENDOWMENTS Article 6 (Clarification of Telecommunications Services) The telecommunication services shall be divided into the monopolized sector and the free-competition sector. For those that fall under Article 7 (Scope of the Monopolized Sector) The following telecommunications services shall be monopolized by State- approved business operators of telecommunications services: 1. Telephone services, including local calls, long distance calls within the country, international calls, etc.; 2. Telegraph services, including telegraphs within the country, international telegraphs, fax services, etc.; 3. Other telecommunications services monopolized with the approval of the State. Article 8 (Scope of Permit System in Business Operations) For the following telecommunications services, a permit system shall be instituted: 1. Paging; 2. 800 MHz concentrated telephones; 3. 450 MHz mobile telephone communication; 4. Telecommunications through very-small satellite ground stations within the country; 5. Other telecommunications services to be run, with the approval of the State, under a permit system. Article 9 (The Scope of Reporting System in Business Operation) For the following telecommunications services, a system of application and official approval shall be instituted: 1. Telephone information services; 2. Computer information services; 3. Electronic mailboxes; 4. Electronic data interchange; 5. Visuals; 6. Other telecommunications services to be run, with the approval of the State, under a system of application and official approval. Article 10 (Qualifications for Application of Business Operation) One who applies for permission to do business in telecommunication shall have the following qualifications: 1. State-owned or collective-owned enterprises with corporate capacity or an enterprise whose interest is controlled by it; 2. Having technical and managerial personnel required for such business operations; 3. Having a fixed place for its business operations and the necessary facilities; 4. Having funds that satisfy the statutory requirements and are commensurate with the scope of its business operations; 5. Having telecommunication equipment that is connected with the public telecommunication networks, and that meets the State’s technical 6. Having the capability to supply long-term services for customers; 7. Having other qualifications required by the State. When organizations or individuals from abroad or foreign invested enterprises in China intend to do, or participate in, the business Article 11 (Materials Required When Submitting the Application) When applying for permission to do business in telecommunication, the applicant shall submit the following materials to the Municipal 1. Application for permission to do business in telecommunication; 2. List of names of the legal representative and chief technicians and executive officers; 3. Certificates regarding the place of business operations, relevant facilities and equipment; 4. Feasibility study report for doing business in telecommunications services, which covers the types of business scope of services, Article 12 (Application and Approval in Connection with the Monopolized Sector of Telecommunications Services) Application and approval in connection with the monopolized sector of telecommunication services shall follow the relevant State provisions. Article 13 (Application for Approval in Connection with the Free- Competition Sector of Telecommunications Services) One who is to be engaged in business operations that fall under the free-competition sector in this Municipality shall submit its Article 14 (Issuance of Permit) In connection with telecommunications services that need a permit, the Municipal Post and Telecommunications Bureau shall decide the Article 15 (Examination and Approval for Telecommunication Services That Need a Permit) The Municipal Post and Telecommunications Bureau shall examine the application within 30 days after it accepts the application regarding Permit may be issued by means of bids-invitation. The Municipal Post and Telecommunications Bureau shall issue the permit to bid winners An applicant shall establish an operative service system within 12 months after receiving the permit. Article 16 (Examination and Approval in Connection with Telecommunication Operations that Need Official Approval) The Municipal Post and Telecommunications Bureau shall complete the examination procedures within 30 days after receiving all application Article 17 (Other Examination and Approval Procedures) Those who have been permitted to do business in telecommunications shall bring their permits or official approvals to the administrative Article 18 (Filing for the Record) Those who have been officially approved by the Ministry of Post and Telecommunications to do interprovince or intercity business in Article 19 (Entrustment of the Monopolized Sector) Business operators in the monopolized sector of telecommunications may entrust qualified entities or individuals to do part of the Article 20 (Term, Renewal, Alteration and Termination of the Permit) The term of the permit shall be five years. The business operators who desires to continue their business operations after the expiration of the term of the permit shall go to When it is necessary to alter the scope of business during the term of the permit, the business operator shall go to the Municipal When it is necessary to have an early termination of the business operations during the term of the permit, the business operator The procedures for the examination and approval of renewal, alteration and termination of the permit shall be completed with reference Article 21 (Requirement for the Administration of the Permit and Official Approval) The permits and official approval documents shall not be forged, altered, lent or transferred to others.
CHAPTER III MANAGEMENT OF THE BUSINESS OPERATIONS Article 22 (Check Before the Operations) Upon completion of preparation for business operations, the business operator of telecommunications services shall notify the Municipal Article 23 (Standards for Telecommunications Equipment) The exchange equipment, transmission equipment, terminals and networks used by business operators of telecommunications shall satisfy Business operators of telecommunications shall not use, accept or sell telecommunication equipment that do not have a certificate Article 24 (Supply of Basic Lines and Equipment) Business operators of the monopolized sector of telecommunications shall, in the light of the situation of supply and demand, and The term of supply of the relay equipment and lines mentioned in the preceding paragraph and matters relevant thereto shall be separately Article 25 (Requirements for Network Operations) Business operators of telecommunications shall establish a necessary maintenance system for the communication lines and equipment Article 26 (Requirements for Business Operations) Business operators of telecommunications shall comply with the following requirements in their business activities: 1. Act in accordance with the business rules and technical procedures prescribed by the Ministry of Post and Telecommunications and 2. Make known, at the place of business, to the public the types of telecommunications services, service standards, rates of service 3. Set up a special service center and surveillance telephone number to give advice to, and receive complaints from, the customers; 4. Guarantee the quality of communication lines and equipment provided to the customers, and make repairs or renovations upon receiving Article 27 (Prohibitions) Business operators of telecommunications and the employees thereof are prohibited from doing the following: 1. Providing, without proper consent, information to others regarding the customer’s use of telecommunication services; 2. Cutting off the customer’s telecommunication or delaying the rendition of services without justifiable reasons; 3. Stopping, without approval, the business operations of telecommunications which have been approved; 4. Imposing restrictions on the use of telecommunications services or on the purchase of telecommunication equipment, or coercing 5. Providing information to customers against their will; 6. Using advertisements containing false information or using other inappropriate means to promote publicity or depreciate other business 7. Committing other acts that will impair the rights and interests of the customers; Article 28 (Suspension of Services) When the customer does one of the following, the business operator of telecommunications may request him to rectify his behavior, 1. Using telecommunication equipment that does not have the newtworking certificate issued by the Ministry of Post and Telecommunications 2. Delaying payment of service fees or refusing to pay it; 3. Using telecommunications services to endanger national security, jeopardize social order or impair the legitimate rights and interests 4. Other acts that may hamper the business operations of telecommunications or the management thereof. When the competent authorities lawfully request the business operator of telecommunications to suspend the rendition of telecommunication Article 29 (Service Charges) Business operators of telecommunications shall strictly comply with the uniform rates of service charges set by the State. With respect Business operators of telecommunications shall comply with the relevant stipulations of the Municipal Post and Telecommunication Bureau Article 30 (Telecommunications Administration Fee) Business operators of telecommunications shall pay administration fee to the Municipal Post and Telecommunications Bureau. The rates For a delay in the payment of the telecommunication administration fee, a penalty of 0.2% for each day of delay shall be imposed. Article 31 (Emergency Adjustment of Telecommunications Network) In the event of emergencies, the Municipal Post and Telecommunications Bureau may, with the approval of the municipal government, Article 32 (Administrative Inspection) The Municipal Post and Telecommunications Bureau is enpost_titled to supervise and inspect the business activities of telecommunication
Article 33 (Administrative Punishment) Units or individuals who violate the present Procedures shall be subject to the punishment by the Municipal Post and Telecommunications 1. Those who engage in business operations of telecommunications without official permission shall be enjoined from continuing their 2. Those who forge, alter, borrow or transfer the permit or the official approval shall be penalized by confiscation of their unlawful 3. Business operators of telecommunications who continue their operations without a renewal after their permit expires, or alter, 4. Those who takes the liberty to start business operations of telecommunications without the check or fail to pass the check, or 5. Business operators of telecommunications, who use telecommunications equipment that does not conform to the relevant technical 6. Those who suspend or terminate their business operations of telecommunications without authorization or justifiable reasons, who 7. Business operators of telecommunications who provide telecommunications services that fall below the set standards shall be ordered 8. Business operators of telecommunications that fail to make known, in accordance with the provisions, to the public the types of 9. Business operators of telecommunications who accept or sell equipment that does not have the networking certificate issued by the 10. Business operators of telecommunications who do not cooperate with the competent authorities in lawfully suspending the telecommunication If cases involving violation of the present Procedures shall be punished, according to law, by other administrative departments, they Article 34 (Civil Liability) Business operators of telecommunication who violate the present procedures and cause a loss to customers shall be liable to compensate Article 35 (Administrative Reconsideration and Legal Action) If the party concerned finds unacceptable the specific administrative act of the Municipal Post and Telecommunications Bureau, it The administrative department that takes the administrative act may, in accordance with the provisions of “Administrative Litigation
CHAPTER V SUPPLEMENTARY PROVISIONS Article 36 (Application and Interpretation) The Municipal Post and Telecommunications Bureau shall be responsible for the interpretation with respect to the application of the Article 37 (Date of Implementation) The present procedures shall become effective on January 1,1996.
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LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON ADMINISTRATIVE PUNISHMENTS
The National People’s Congress Order of the President of the People’s Republic of China No.63 The Law of the People’s Republic of China on Administrative Punishments, adopted at the Fourth Session of the Eighth National People’s President of the People’s Republic of China: Jiang Zemin March 17, 1996 Law of the People’s Republic of China on Administrative Punishments ContentsChapter I General Provisions Chapter II Classification and Establishment of Administrative Punishments Chapter III Organs for Implementing Administrative Punishments Chapter IV Jurisdiction and Application of Administrative Punishments Chapter V Decision on Administrative Punishments Section 1 Summary Procedure Section 2 General Procedure Section 3 Hearing Procedure Chapter VI Execution of Administrative Punishments Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted in pursuance of the Constitution to regulate the establishment and implementation of administrative punishments, Article 2 This Law applies to the establishment and implementation of administrative punishments. Article 3 Administrative punishments which shall be imposed on citizens, legal persons or other organizations for the acts committed in violation Administrative punishments shall be null and void, if they are inflicted without legal basis or without the observation of the legal Article 4 Administrative punishments shall abide by the principles of being fair and just and open to the public. The establishment and implementation of administrative punishments must take facts as the base and correspond to the facts, nature Stipulations on imposing administrative punishments for illegal acts must be promulgated and if not, shall not serve as the legal Article 5 Implementing administrative punishments and checking illegal acts shall adhere to the combination of punishments and education, in Article 6 Citizens, legal persons or other organizations have the right to state their cases and defend themselves in respect of the administrative Citizens, legal persons or other organizations who have sustained damage on account of administrative punishments imposed on them Article 7 Citizens, legal persons or other organizations, being imposed on administrative punishments for illegal acts, who have thereby caused In case illegal act has constituted a crime, criminal responsibility shall be investigated according to law, and criminal punishment Chapter II Classification and Establishment of Administrative Punishments Article 8 Classification of Administrative Punishments: (1) Warning; (2) Fine; (3) Forfeiture of illegal earnings, forfeiture of illegal property; (4) Order to stop production and business; (5) Suspension or withdrawal of permits, suspension or withdrawal of licenses; (6) Administrative detention; and (7) Other administrative punishments as stipulated by law or administrative regulations. Article 9 Various administrative punishments can be established by law. Administrative punishment which restrains personal liberty can only be established by law. Article 10 Administrative regulations can establish whatever administrative punishments except those restraining personal liberty. Where stipulations are already formulated by law on administrative punishments for illegal acts, specific stipulations to be formulated Article 11 Local regulations can establish administrative punishments except those restraining personal liberty and withdrawing enterprises’ Where stipulations are already formulated by law or administrative regulations on administrative punishments for illegal acts, specific Article 12 Rules formulated by Ministries and Commissions under the State Council may incorporate specific stipulations on administrative punishments Where law and administrative regulations have not been formulated, the rules formulated by the Ministries and Commissions under the The State Council may authorize the organs directly under the State Council charged with the right to inflict administrative punishments Article 13 Rules formulated by the people’s governments of provinces, autonomous regions and municipalities directly under the central government, Where law and regulations have not been formulated, the rules formulated by the people’s governments referred to in the preceding Article 14 Any other documents of a regulative character other than those provided in Articles 9, 10, 11, 12 and 13 shall not establish administrative Chapter III The Organs for Implementing Administrative Punishments Article 15 Administrative punishments shall be implemented by the authorized administrative organs within the scope of their functions and powers. Article 16 The State Council or the people’s governments of provinces, autonomous regions and municipalities directly under the central government Article 17 Functional organizations empowered by law or regulations in charge of the administration over public affairs may implement administrative Article 18 Administrative organs may, according to law, regulations and rules and within their lawful authorization, entrust the organizations The entrusting administrative organ shall be responsible for the supervision over the acts of the entrusted organization to implement The entrusted organization shall, within its authorization, implement administrative punishments in the name of the entrusting administrative Article 19 The entrusted organization must be qualified for the following conditions: (1) Organizations formed according to law and in charge of public affairs; (2) Manned with personnels well-informed of related law, regulations, rules and business; and (3) Where technical tests or technical appraisal are required, shall have the means to conduct such tests and appraisal. Chapter IV Jurisdiction and Application of Administrative Punishments Article 20 Administrative punishments come under the jurisdiction of the administrative organs with the right to make administrative punishments Article 21 Dispute over jurisdiction shall be referred to an administrative organ common to the disputing organs at a higher level which will Article 22 Where the illegal acts constitute crimes, the administrative organs must transfer the case to judicial organs for investigation of Article 23 Administrative organs, when implementing administrative punishments, shall order the parties to make, or within a specified period Article 24 A party shall be subjected to no more than one fine for the same illegal act as administrative punishment. Article 25 Persons under the age of 14, having committed illegal acts, shall not be imposed on administrative punishments, but their guardians Article 26 Mental patients committing illegal acts when unable to determine or control their acts, shall not be imposed on administrative punishments, Article 27 Parties shall be imposed on administrative punishments, either light or mitigated, subject to one of the following instances: (1) Take initiative in removing or minimizing the consequential damage; (2) Commit illegal acts on account of being coerced by others; (3) Contribute in cooperation with administrative organs to investigation into and handling with illegal acts; or (4) Any other instances for which administrative punishments can be light or mitigated according to law. No administrative punishment shall be imposed for trifle illegal acts which have been timely checked without causing consequent damage. Article 28 Where the illegal acts constitute an offense for which criminal detention or fixed-term imprisonment has been rendered by the people’s Where the illegal acts constitute an offense for which fine is imposed by the people’s court, the fine inflicted on the party by the Article 29 No administrative punishment shall be given for illegal acts which have not been discovered within two years, unless otherwise provided The time limit in the preceding paragraph shall be computed from the day of the occurrence of the illegal acts, or from the day of Chapter V Decision on Administrative Punishments Article 30 Where citizens, legal persons or other organizations shall according to law be given administrative punishments for acts violating Article 31 Administrative organs, before making a decision on administrative punishments, shall inform the party of the facts, causes and legal Article 32 The party has the right to state the case and defend himself. The administrative organ must hear in full the party’s opinions, and The administrative organ shall not aggravate punishments on account of the party’s statements or defense. Section 1 Summary Procedure Article 33 A decision on administrative punishments of a fine less than fifty renminbi yuan on citizens or less than a thousand renminbi yuan Article 34 Law administering personnels making a decision on administrative punishments on the spot, shall show to the party the identification The statement of decision on administrative punishment in the preceding paragraph shall carry the illegal acts done by the party, The decision on administrative punishment, made by the law administering personnels on the spot, must be filed with their administrative Article 35 The party who refuses to accept the decision on administrative punishment made on the spot, may according to law apply for administrative Section 2 General Procedure Article 36 Except the case, stipulated in Article 33 , where the administrative punishment may be given on spot, the administrative organ, finding Article 37 No less than two law administering personnels shall be present on the scene when the administrative organ conducts investigation or The administrative organ, when collecting evidence, may take evidence by random sampling and, when evidence may possibly be lost or Law administering personnels, having direct concern therein with the party concerned, shall withdraw. Article 38 Following the conclusion of the investigation, responsible persons of the administrative organ shall examine the findings of the investigation (1) Decision on administrative punishment shall be made according to the seriousness and particulars of the case if there are illegal (2) Administrative punishment shall not be inflicted if illegal acts are minor ones for which administrative punishments may not be inflicted (3) No administrative punishment shall be imposed if illegal acts are not sustainable; and (4) Illegal acts which constitute a crime shall be transferred to the judicial organ. Where serious administrative punishment shall be imposed for complicated or major illegal acts, the decision shall be made through Article 39 The administrative organ, inflicting administrative punishment according to Article 38 of this Law, shall draw up a statement of (1) The name or post_title of the party and address; (2) The facts and evidence concerning the violation of law, regulations or rules; (3) Classification and legal basis of the administrative punishment; (4) Method and time limit for executing the administrative punishment; (5) Avenue and time limit for application for administrative reconsideration and for the institution of an administrative law suit, if (6) The name of the administrative organ making such punishment and the date of the decision. Decision on administrative punishment must carry the official stamp of the administrative organ making the administrative punishment. Article 40 The statement of decision on administrative punishment shall be delivered to the party on spot after pronouncement, and in absence Article 41 In case the administrative organ and its law administering personnels fail, before making the decision on administrative punishment, Section 3 Hearing Procedure Article 42 The administrative organ before making a decision on the administrative punishment such as ordering to stop production and business, (1) The party shall, within 3 days after being informed by the administrative organ, notify them of the party’s request for hearing; (2) The administrative organ shall notify the party of the time and place of the hearing seven days before it; (3) Hearing shall be held in public, with the exception that the state’s or commercial secret or personal privacy is involved; (4) Hearing shall be presided over by the personnel appointed by the administrative organ other than the investigators of the case and (5) The party may attend in person or appoint one or two agents to the hearing; (6) At hearing the investigators state the facts of the illegal acts done by the party, present the evidence and make suggestion on administrative (7) Written records on the hearing shall be made which shall be examined to see no error with it, and signed or stamped by the party. The party who takes objection to administrative punishment on restraint of personal liberty, shall act according to the Regulations Article 43 Following the hearing, the administrative organ shall make the decision in accordance with the provisions of Article 38 of this Law. Chapter VI Execution of Administrative Punishment Article 44 After the decision on administrative punishment is made in accordance with law, the party shall execute the decision within the time Article 45 The execution of the administrative punishment shall not be suspended when the party refuses to accept the decision and applies for Article 46 The administrative organ making the decision on fine shall be separated from the collecting agency of the fine. The administrative organ making the decision on administrative punishments and its law administering personnels shall not collect The party shall, within fifteen days from the day of receiving the statement of decision on administrative punishment, pay the fines Article 47 In case a decision is made on administrative punishment on spot in accordance with the provisions of Article 33 of this Law, the (1) A fine less than twenty renminbi yuan imposed according to law; or (2) Fines, if not collected on spot, shall be hardly executed. Article 48 Administrative organs and their law administering personnels, having made the decisions on fines in accordance with Articles 33 and Article 49 Administrative organs and their law administering personnels collecting fines on spot, must issue to the parties the uniform receipt Article 50 Law administering personnels collecting fines on spot shall, within two days from the day of fine, hand the fines over to the administrative Article 51 In case of failure by the party to execute the decision on administrative punishment within the prescribed time limit, the administrative (1) In case of failure to pay the fine in time, an additional fine shall be imposed amounting to three per cent of the original fine on (2) In accordance with law, the sealed up or seized property can be put to auction to pay, or appropriation of the frozen bank deposit (3) Apply to the people’s court for enforcement. Article 52 At the request of the party assuredly in economic difficulty, payment of fine may be postponed or made in installments, subject to Article 53 Illegal property which has been confiscated with the exception of those to be destroyed according to law, must be auctioned publicly Fines, confiscated illegal earnings or proceeds of the illegal property by auction must be handed over in its entirety to the state Article 54 Administrative organs shall establish and complete the system of supervision over administrative punishments. And people’s governments Citizens, legal persons and other organizations have the right to lodge their complaints or make report on the punishments imposed Chapter VII Legal Responsibility Article 55 Where administrative organs implement administrative punishments in one of the following instances, superior administrative organs (1) No legal basis for imposing administrative punishments; (2) Alterations made on one’s own authority in classification and extent of administrative punishments; (3) Violations of the legal procedure for administrative punishments; or (4) Violations of Article 18 of this Law on entrustment of implementing punishments. Article 56 If administrative organs implementing punishments on parties do not use documents and receipts specially designed for, or use those Article 57 Where administrative organs collect fines on their own authority in violation of Article 46 of this Law or financial departments Article 58 Fines, confiscated illegal earnings or property which have been withheld or shared privately or secretly in any manner by the administrative Law administering personnels abusing their authority to demand or accept and take into their possession other’s property or collected Article 59 Administrative organs using or damaging the property held in custody, thereby causing loss or damage to the party, shall make compensation Article 60 Administrative organs implementing inspective or executive measures in violation of law, thereby causing personal or property damage Article 61 Where administrative organs seek private interest for the units themselves by withholding cases which should be transferred to judicial Article 62 Where law administering personnels who have neglected their duties resulting in failure to check or punish illegal acts which should Chapter VIII Supplementary Provisions Ar DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE REVISION OF THE THE PREVENTION AND CONTROL OF WATER POLLUTION
The 19th Meeting of the Standing Committee of the Eighth National People’s 1. The second paragraph of Article 7 is amended as: “The people’s 2. Add a new article as Article 10: “The prevention and control of water “Water pollution prevention and control plans for other river basins “The approved plans shall serve as the bases for the prevention and “Local people’s governments at or above the county level shall, in 3. The third paragraph of Article 13 is amended as: “Facilities for the Add a new paragraph as the fourth paragraph: “The environmental impact 4. The second paragraph of Article 14 is amended as: “The pollutant 5. Delete the reading “and shall assume responsibility to eliminate and “Enterprises and institutions discharging pollutants in excess of the 6. Add a new article as Article 16: “Where the water pollutant discharge 7. Add a new article as Article 17: “The environmental protection 8. Add a new article as Article 18: “The working organs for water resource 9. Article 10 is changed into Article 19 and amended as: “Urban sewage “Competent departments under the State Council and local people’s “Urban sewage treatment facilities shall, according to the state “The State Council shall formulate specific measures for the collection of 10. Add a new article as Article 20: “People’s governments at or above the “The discharge of waste water into water bodies at the first class “Tours, swims and other activities which might cause pollution to domestic “Any new construction project or expansion unrelated to water supply “People’s governments at or above the county level shall, according to “The protection of domestic and drinking groundwater sources shall be “The State Council shall formulate specific measures for the protection of Delete the phrase “domestic and drinking water sources” in Article 12. 11. Add a new article as Article 22: “Enterprises shall adopt clean “The state establishes a system for eliminating those backward production “The competent comprehensive administrative department of economy under “Producers, marketers, importers or users must, within the time limit “Equipment already eliminated according to the provisions in two preceding 12. Add a new article as Article 23: “The state prohibits the 13. Add a new article as Article 26: “Water pollution disputes involving 14. Article 20 is changed into Article 28 and a new paragraph added as the 15. Add a new article as Article 39: “The agricultural administration 16. Add a new article as Article 47: “If, in violation of the provisions Delete Item (2) in Article 37. 17. Add a new article as Article 48: “If a pollutant discharging unit, in 18. Add a new article as Article 49: “If anyone, in violation of the 19. Add a new article as Article 50: “If anyone, in violation of the 20. Add a new article as Article 51: “If anyone, in violation of the 21. Article 39 is changed into Article 53 and amended as: “A pollutant “In the case of a pollution accident caused to fisheries or caused by “If the circumstances are serious in a water pollution accident, the 22. Add a new article as Article 58: “Personnel conducting supervision and 23. Add a new article as Article 59: “With regard to individual businesses This Decision comes into force on the date of the promulgation. The Law of the People’s Republic of China on the Prevention and Control of Chapter I General Provisions Chapter II Establishment of Water Environment Quality Standards and Pollutant Discharge Standards Chapter III Supervision and Management of the Prevention and Control of Water Pollution Chapter IV Prevention of Surface Water Pollution Chapter V Prevention of Groundwater Pollution Chapter VI Legal Liability Chapter VII Supplementary Provisions Article 1 This Law is formulated for the purpose of preventing and Article 2 This Law shall apply to the prevention and control of pollution This Law is not applicable to the prevention and control of marine Article 3 Competent departments under the State Council and local Article 4 The environmental protection departments of the people’s Navigation administrative offices of transportation departments at various Water conservancy administration departments, public health administration Article 5 All units and individuals shall have the duty to protect the Any unit or individual that has suffered losses directly from a water Article 6 The environmental protection department of the State Council The people’s governments of provinces, autonomous regions, and Article 7 The environmental protection department of the State Council The people’s governments of provinces, autonomous regions and Those who discharge pollutants into any water body where local pollutant Article 8 The environmental protection department of the State Council Article 9 Competent departments under the State Council and local Article 10 The prevention and control of water pollution shall be planned Water pollution prevention and control plans for other river basins The approved plans shall serve as the bases for the prevention and control Local people’s governments at or above the county level shall, in Article 11 Competent departments under the State Council and local Article 12 For water bodies at scenic or historic sites, important Article 13 New construction projects, extensions, or reconstruction &nb MINERAL RESOURCES LAW
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PROTECTION OF RIGHTS AND INTERESTS OF THE AGED
Category | PROTECTION OF CITIZENS’ RIGHTS AND INTERESTS | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
Date of Promulgation | 1996-08-29 | Effective Date | 1996-10-01 |
Law of the People’s Republic of China on the Protection of Rights and Interests of the Aged |
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Contents
Chapter I General Provisions
Chapter II Maintenance and Support by the Family
Chapter III Safeguarding by the Society
Chapter IV Participation in Social Development
Chapter V Legal Liability
Chapter VI Supplementary Provisions
(Adopted at the 21st Meeting of the Standing Committee of the Eighth
National People’s Congress on August 29, 1996 and promulgated by Order No.73
of the President of the People’s Republic of China on August 29, 1996)
Contents
Chapter I General Provisions
Chapter II Maintenance and Support by the Family
Chapter III Safeguarding by the Society
Chapter IV Participation in Social Development
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the
purpose of protecting the lawful rights and interests of the aged, developing
the undertakings for them and carrying forward the virtue of the Chinese
nation with respect to respecting and supporting the aged.
Article 2 The aged mentioned in this Law refer to citizens over the age
of sixty.
Article 3 The state and society should take measures to perfect the
social security system for the aged and gradually improve the conditions of
ensuring their lives and health and their participation in social development
in order to provide the aged with living support, medical services, working
conditions, educational opportunities and recreational facilities.
Article 4 The state protects the statutory rights and interests enjoyed
by the aged.
The aged have the right to material assistance from the state and society
and to benefit from achievements in social development.
Discrimination against, insult of, maltreatment of or desertion of the
aged shall be prohibited.
Article 5 People’s governments at various levels should incorporate the
undertakings for the aged into their plans for national economy and social
development, gradually increase the financial input and encourage social
investments in order to ensure that the undertakings for the aged develop in
coordination with economic and social progress.
The State Council and the people’s governments of provinces, autonomous
regions and municipalities directly under the central government shall take
organizational measures to coordinate relevant departments in ensuring the
protection of rights and interests of the aged. The specific organs shall be
designated by the State Council and the people’s governments of provinces,
autonomous regions and municipalities directly under the central government.
Article 6 The protection of lawful rights and interests of the aged is a
common responsibility of the whole society.
State organs, public organizations, enterprises and institutions should,
within the scope of their respective duties and responsibilities, ensure the
protection of rights and interests of the aged.
Residents committees, villagers committees and other organizations
established for the aged according to law should serve the aged by conveying
their demands and safeguarding their lawful rights and interests.
Article 7 The whole society should widely launch a publicity campaign for
respecting and supporting the aged in order to form a social mode of
respecting, caring for and assisting the aged.
Youth organizations, schools and kindergartens should educate youths and
children in ethics of respecting and supporting the aged as well as in legal
systems for safeguarding lawful rights and interests of the aged.
Voluntary service for the aged shall be advocated.
Article 8 People’s governments at various levels shall give commendations
and rewards to units, families and individuals that have made outstanding
achievements in safeguarding lawful rights and interests of the aged and
respecting and supporting the aged.
Article 9 The aged should observe laws and disciplines and should perform
statutory duties.
Chapter II Maintenance and Support by the Family
Article 10 Families are the chief support for the aged to live their
lives. Family members should care for the aged.
Article 11 A supporter should perform the duty to pay the aged person
living expenses, look after him and comfort him mentally and should give
consideration to his special requirements.
A supporter refers to a child of the aged person or a person having the
duty to support him according to law.
The spouse of a supporter should assist him in performing the duty to
support the aged person.
Article 12 A supporter should provide medical expenses and nursing
service for the aged person suffering from illness.
Article 13 A supporter should provide proper accommodation for the aged
person. He shall not force the aged person to remove to a poor house.
Children and other relatives of an aged person shall not seize the house
possessed or leased by the aged person and shall not change the ownership or
the lease without authorization.
A supporter has the duty to maintain the house possessed by the aged
person.
Article 14 A supporter has the duty to cultivate farmland contracted for
management by the aged person and take charge of his forest trees and
livestock. Proceeds derived therefrom shall belong to the aged person.
Article 15 A supporter shall not refuse to perform his duty to support
the aged person on the grounds of waiving the right to inheritance or for
other reasons.
If a supporter fails to perform his duty, the aged person has the right to
demand support payments from the supporter.
A supporter shall not require the aged person to do physical labour beyond
his strength.
Article 16 The aged and their spouses have the duty to maintain each
other.
Younger brothers or sisters who are brought up by their elder brothers or
sisters, if they can afford it after coming of age, have the duty to maintain
their elder brothers or sisters who are old and have no any supporter.
Article 17 Supporters may, with the consent of the aged person, sign an
agreement on performance of their duties to support the aged person. Residents
committees, villagers committees or the organizations to which the supporters
belong shall supervise over the performance of the agreement.
Article 18 The freedom of marriage of the aged shall be protected by law.
Children and other relatives shall not interfere with the divorce, remarriage
and married lives of the aged.
The duties of a supporter shall not terminate with the change of the
marriage of the aged person.
Article 19 The aged have the right to dispose of their own property
according to law. Their children or other relatives shall neither interfere
with the disposal of property nor extort money and gifts from them.
The aged have the right to inherit property from their parents, spouses,
children or other relatives according to law and have the right to accept
donation.
Chapter III Safeguarding by the Society
Article 20 The state establishes an old-age insurance system to safeguard
the basic living standard of the aged.
Article 21 Pensions and other treatment enjoyed by the aged according to
law shall be guaranteed. Organizations concerned must pay pensions in full on
time and shall nether delay without justification and nor appropriate them for
other purpose.
The state increases pensions on the basis of economic development, living
improvement of the people and wage rise of workers and staff members.
Article 22 In addition to an old-age insurance system suitable for actual
conditions in rural areas, bases for providing for the aged may, if possible,
be established in part of mountains, forests, water surfaces, beaches and so
on, which are owed by collectives and management of which are not yet
contracted by individuals. Proceeds derived therefrom shall be provided for
the aged.
Article 23 For the aged in cities and towns who are unable to work and
have no financial sources, if they have no supporter or their supporters have
really no ability to support or maintain them, the local people’s governments
shall provide relief for them.
For the aged in rural areas who are unable to work and have no financial
sources, if they have no supporter or their supporters have really no ability
to maintain or support them, the rural collective economic organizations shall
guarantee them food, clothing, housing, medical care and burial expenses.
People’s governments of townships, nationality townships or towns shall be
responsible for the implementation of the five guarantees.
Article 24 Citizens or organizations are encouraged to sign support
agreements or other assistance agreements with the aged.
Article 25 The state establishes the medical insurance systems in various
forms to ensure the aged the basic medical care.
Departments concerned should give special consideration to the aged in
formulating the procedures for medical insurance.
Medical treatment enjoyed by the aged according to law shall be guaranteed.
Article 26 If an aged person and his supporter are really unable to pay
medical expenses for his illness, the local people’s government may lend
proper assistance according to the circumstances and may advocate social
assistance.
Article 27 Medical institutions should provide conveniences for the aged
who seek medical treatment and should give priority to the aged who have
reached the age of seventy. Hospital beds in families and mobile medical
service may, if possible in some localities, be provided for aged patients.
Free medical care for the aged is advocated.
Article 28 The state takes measures to ensure geriatric research and
train geriatricians in order to raise the prevention and cure level of senile
illnesses as well as the scientific research level in this regard.
Hygienic education shall be given in various forms in order to popularize
knowledge of health care in old age and enhance the awareness of health
protection by the aged.
Article 29 An organization to which an aged person belongs should, in the
light of the actual conditions and relevant standards, give special
consideration to his requirements in assigning, changing and selling its
houses.
Article 30 The construction and reconstruction of public facilities,
residential areas and houses should, according to special requirements of the
aged, include the construction of supporting facilities suitable for lives and
activities of the aged.
Article 31 The aged have the right to continue education.
The state develops education for the aged and encourages social forces to
establish schools of various types for the aged.
People’s governments at various levels should step up leadership on
education for the aged and should make unified planning.
Article 32 The state and society take measures to launch mass activities
in culture, sports and recreation in order to enrich spiritual and cultural
lives of the aged.
Article 33 The state encourages and helps social organizations and
individuals to establish facilities such as welfare centres, home of respect,
apartment houses, medical care centres and cultural and sports centres for the
aged.
Local people’s governments at various levels should, in the light of
economic development in their localities, gradually increase their
appropriations for welfare undertakings for the aged and establish welfare
facilities for them.
Article 34 People’s governments at various levels should guide
enterprises in development, production and marketing of daily necessities for
the aged in order to satisfy their requirements.
Article 35 Community service shall be developed in order to establish
gradually facilities and networks for living service, cultural and sports
activities, nursing and recovery as required by the aged.
By carrying forward the tradition of mutual aid, the neighbourhood is
advocated to care for and help the aged with difficulties.
Social volunteers are encouraged and supported to serve the aged.
Article 36 Local people’s governments at various levels may, in the light
of their conditions, give preferential treatment and special consideration to
the aged who travel as visitors or tourists or take public transport vehicles.
Article 37 The aged in rural areas need not do obligatory labour and
accumulative labour.
Article 38 Broadcasting, films, televisions and periodicals should serve
the aged by reflecting their lives and spreading propaganda on safeguarding
their lawful rights and interests.
Article 39 The aged who have real difficulties in paying litigation costs
when bringing lawsuits for infringement of their lawful rights and interests
may be allowed a deferment, a reduction of the payment or its exemption. The
aged who are unable to pay lawyer’s fees when lawyers are required may receive
legal assistance.
Chapter IV Participation in Social Development
Article 40 The state and society should value knowledge and skills of the
aged as well as their experience from revolution and construction, respect
their virtues and give full play to their ability and role.
Article 41 The state should create conditions for the aged to participate
in socialist construction for material growth and cultural and ideological
progress. In the light of social requirements and actual conditions, the aged
are encouraged to engage in any of the following activities based on
valuntariness and capability.
(1) educating youths and children in socialism, patriotism and
collectivism as well as in traditional virtues such as hard struggle and plain
living;
(2) teaching knowledge of culture and science and technology;
(3) providing consultancy service;
(4) engaging in scientific and technological development and application
according to law;
(5) engaging in business operations and production according to law;
(6) establishing public welfare institutions;
(7) helping maintain public order and mediate civil disputes; and
(8) engaging in other social activities.
Article 42 Income earned lawfully through labour by the aged shall be
protected by law.
Chapter V Legal Liability
Article 43 Where the lawful rights and interests of an aged person are
infringed upon, the infringed or his agent has the right to appeal to the
competent authorities for disposition, or bring a lawsuit at a people’s court
according to law.
The people’s court and the competent authorities shall promptly dispose of
a complaint, a charge or an exposure regarding an infringement upon the lawful
rights and interests of an aged person according to law, and shall not evade
or delay the disposition.
Article 44 Departments or organizations failing to perform the duty to
safeguard the lawful rights and interests of the aged shall be admonished and
criticized, and be ordered to make corrections by the competent departments at
higher levels.
Where state functionaries neglect their duties, in violation of law, and
infringe upon the lawful rights and interests of the aged, the units to which
they belong or their higher authorities shall order them to make corrections
or impose disciplinary sanctions upon them; if a crime has been constituted,
criminal liability shall be investigated according law.
Article 45 Where an aged person involves in disputes with his family
member over the performance of duty to support him or over housing or property
issues, he may appeal to the organization to which the family member belongs,
or the residents committee or villagers committee for mediation, or may
directly bring a lawsuit at a people’s court.
When the disputes mentioned in the preceding paragraph are dealt with by
mediation, the erring family member shall be admonished and criticized and
ordered to make corrections.
The people’s court may order advance execution of cases involving the
claims for support payments by an aged person.
Article 46 Whoever, by violence or other means, publicly insults an aged
person, or fabricates facts to defame him, or maltreats him, if the
circumstances are relatively minor, shall be punished in accordance with the
relevant provisions of the Regulations on Administrative Penalties for Public
Security, and, if a crime has been instituted, be investigated for criminal
liability according to law.
Article 47 Whoever forcibly interferes with the freedom of marriage of an
aged person, or refuses to perform his duty of supporting an aged person, if
the circumstances are serious and a crime has been instituted, shall be
investigated for criminal liability according to law.
Article 48 Where a family member steals, swindles, forcibly seizes,
extorts or intentionally destroys property of an aged person, if the
circumstances are relatively minor, he shall be punished in accordance with
the relevant provisions of the Regulations on Administrative Penalties for
Public Security, and if a crime has been instituted, be investigated for
criminal liability according to law.
Chapter VI Supplementary Provisions
Article 49 The people’s congresses of national autonomous areas may
formulate regulations with appropriate adaptations or supplements in
accordance with the principles laid down in this Law and in light of the
specific conditions of folkways and customs of the local nationalities.
Article 50 This Law comes into force on August 1, 1996.
STATEMENT OF THE CHINESE GOVERNMENT ON THE BASELINE OF THE TERRITOTIAL SEA
Category | TERRITORY AND DIPLOMATIC RELATIONS | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1996-05-15 | Effective Date | 1996-05-15 |
Statement of the Chinese Government on the Baseline of the Territotial Sea of the People’s Republic of China |
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According to the Law of the People’s Republic of China on the Territorial
Sea and the Continuous Zone promulgated on February 25, 1992, the government
of the People’s Republic of China hereby states part of the baseline of the
territorial sea adjacent to the mainland of the People’s Republic of China
and the baseline of the territorial sea adjacent to the Xisha Islands.
1. The straight lines joining the following adjacent base points shall be
a part of the baseline of the territorial sea adjacent to the mainland:
(1) Shandong Gaojiao (1) 37 degrees 24.0 minutes N
122
degrees 42.3 minutes E
(2) Shandong Gaojiao (2) 37 degrees 23.7 minutes N
122
degrees 42.4 minutes E
(3) The Moye Island (1) 36 degrees 57.8 minutes N
122 degrees 34.2 minutes E
(4) The Moye Island (2) 36 degrees 55.1 minutes N
122 degrees 32.7 minutes E
(5) The Moye Island (3) 36 degrees 53.7 minutes N
122 degrees 31.1 minutes E
(6) The Sushan Island 36 degrees 44.8 minutes N
122 degrees 15.8 minutes E
(7) The Chaolian Island 35 degrees 53.6 minutes N
120 degrees 53.1 minutes E
(8) The Dashan Island 35 degrees 00.2 minutes N
119 degrees 54.2 minutes E
(9) Macaihang 33 degrees 21.8 minutes N
121 degrees
20.8 minutes E
(10) Waikejiao 33 degrees 00.9 minutes N
121
degrees 38.4 minutes E
(11) The Sheshan Island 31 degrees 25.3 minutes N
122 degrees 14.6 minutes E
(12) Haijiao 30 degrees 44.1 minutes N
123 degrees
09.4 minutes E
(13) Dongnanjiao 30 degrees 43.5 minutes N
123
degrees 09.7 minutes E
(14) The Brother-Two Island 30 degrees 10.1 minutes N
122 degrees 56.7 minutes E
(15) The Yushan Islands 28 degrees 53.3 minutes N
122 degrees 16.5 minutes E
(16) The Taizhou Islands (1) 28 degrees 23.9 minutes N
121
degrees 55.0 minutes E
(17) The Taizhou Islands (2) 28 degrees 23.5 minutes N
121
degrees 54.7 minutes E
(18) Daotiaoshan 27 degrees 27.9 minutes N
121
degrees 07.8 minutes E
(19) The Dongyin Island 26 degrees 22.6 minutes N
120 degrees 30.4 minutes E
(20) The Dongsha Island 26 degrees 09.4 minutes N
120 degrees 24.3 minutes E
(21) The Niushan Island 25 degrees 25.8 minutes N
119 degrees 56.3 minutes E
(22) The Wuqiu Island 24 degrees 58.6 minutes N
119 degrees 28.7 minutes E
(23) The Dongding Island 24 degrees 09.7 minutes N
118
degrees 14.2 minutes E
(24) Daganshan 23 degrees 31.9 minutes N
117
degrees 41.3 minutes E
(25) The Nanpeng Islands (1) 23 degrees 12.9 minutes N
117
degrees 14.9 minutes E
(26) The Nanpeng Islands (2) 23 degrees 12.3 minutes N
117
degrees 13.9 minutes E
(27) Shibeishanjiao 22 degrees 56.1 minutes N
116 degrees 29.7 minutes E
(28) Zhenshiyan 22 degrees 18.9 minutes N
115 degrees 07.5 minutes E
(29) The Jiapeng Islands 21 degrees 48.5 minutes N
113
degrees 58.0 minutes E
(30) The Weijia Island 21 degrees 34.1 minutes N
112
degrees 47.9 minutes E
(31) Dafanshi 21 degrees 27.7 minutes N
112 degrees
21.5 minutes E
(32) The Qizhou Islands 19 degrees 58.5 minutes N
111 degrees 16.4 minutes E
(33) Shuangfan 19 degrees 53.0 minutes N
111
degrees 12.8 minutes E
(34) The Dazhou Island (1) 18 degrees 39.7 minutes N
110
degrees 29.6 minutes E
(35) The Dazhou Island (2) 18 degrees 39.4 minutes N
110
degrees 29.1 minutes E
(36) Shuangfanshi 18 degrees 26.1 minutes N
110 degrees 08.4 minutes E
(37) Lingshuijiao 18 degrees 23.0 minutes N
110 degrees 03.3 minutes E
(38) Dongzhou (1) 18 degrees 11.0 minutes N
109 degrees 42.1 minutes E
(39) Dongzhou (2) 18 degrees 11.0 minutes N
109 degrees 41.8 minutes E
(40) Jinmujiao 18 degrees 09.5 minutes N
109
degrees 34.4 minutes E
(41) Shenshijiao 18 degrees 14.6 minutes N
109
degrees 07.6 minutes E
(42) The Xigu Island 18 degrees 19.3 minutes N
108
degrees 57.1 minutes E
(43) Yinggezui (1) 18 degrees 30.2 minutes N
108
degrees 41.3 minutes E
(44) Yinggezui (2) 18 degrees 30.4 minutes N
108
degrees 41.1 minutes E
(45) Yinggezui (3) 18 degrees 31.0 minutes N
108
degrees 40.6 minutes E
(46) Yinggezui (4) 18 degrees 31.1 minutes N
108
degrees 40.5 minutes E
(7) Ganenjiao 18 degrees 50.5 minutes N
108 degrees
37.3 minutes E
(48) Sigengshajiao 19 degrees 11.6 minutes N
108
degrees 36.0 minutes E
(49) Junbijiao 19 degrees 21.1 minutes N
108
degrees 38.6 minutes E
2. The staight lines joining the following adjacent base points shall be
the baseline of the territorial sea adjacent to the Xisha Islands:
(1) The Dongdao Island (1) 16 degrees 40.5 minutes N
112
degrees 44.2 minutes E
(2) The Dongdao Island (2) 16 degrees 40.1 minutes N
112
degrees 44.5 minutes E
(3) The Dongdao Island (3) 16 degrees 39.8 minutes N
112
degrees 44.7 minutes E
(4) Langhuajiao (1) 16 degrees 04.4 minutes N
112 degrees 35.8 minutes E
(5) Langhuajiao (2) 16 degrees 01.9 minutes N
112 degrees 32.7 minutes E
(6) Langhuajiao (3) 16 degrees 01.5 minutes N
112 degrees 31.8 minutes E
(7) Langhuajiao (4) 16 degrees 01.0 minutes N
112
degrees 29.8 minutes E
(8) The Zhongjian Island (1) 15 degrees 46.5 minutes N
111
degrees 12.6 minutes E
(9) The Zhongjian Island (2) 15 degrees 46.4 minutes N
111
degrees 12.1 minutes E
(10) The Zhongjian Island (3) 15 degrees 46.4 minutes N
111 degrees 11.8 minutes E
(11) The Zhongjian Island (4) 15 degrees 46.5 minutes N
111 degrees 11.6 minutes E
(12) The Zhongjian Island (5) 15 degrees 46.7 minutes N
111 degrees 11.4 minutes E
(13) The Zhongjian Island (6) 15 degrees 46.9 minutes N
111 degrees 11.3 minutes E
(14) The Zhongjian Island (7) 15 degrees 42.7 minutes N
111 degrees 11.4 minutes E
(15) Beijiao (1) 17 degrees 04.9 minutes N
111
degrees 26.9 minutes E
(16) Beijiao (2) 17 degrees 05.4 minutes N
111
degrees 26.9 minutes E
(17) Beijiao (3) 17 degrees 05.7 minutes N
111
degrees 27.2 minutes E
(18) Beijiao (4) 17 degrees 06.0 minutes N
111
degrees 27.8 minutes E
(19) Beijiao (5) 17 degrees 06.5 minutes N
111
degrees 29.2 minutes E
(20) Beijiao (6) 17 degrees 07.0 minutes N
111
degrees 31.0 minutes E
(21) Beijiao (7) 17 degrees 07.1 minutes N
111
degrees 31.6 minutes E
(22) Beijiao (8) 17 degrees 06.9 minutes N
111
degrees 32.0 minutes E
(23) The Zhaoshu Island (1) 16 degrees 59.9 minutes N
112 degrees 14.7 minutes E
(24) The Zhaoshu Island (2) 16 degrees 59.7 minutes N
112 degrees 15.6 minutes E
(25) The Zhaoshu Island (3) 16 degrees 59.4 minutes N
112 degrees 16.6 minutes E
(26) The Beidao Island 16 degrees 58.4 minutes N
112
degrees 18.3 minutes E
(27) The Zhongdao Island 16 degrees 57.6 minutes N
112
degrees 19.6 minutes E
(28) The Nandao Island 16 degrees 56.9 minutes N
112
degrees 20.5 minutes E
(1) The Dongdao Island (1) 16 degrees 40.5 minutes N
112
degrees 44.2 minutes E
The other part of the baseline of the territorial sea of the People’s
Republic of China shall be announced separately by the government of the
People’s Republic of China.
VOCATIONAL EDUCATION LAW
Category | EDUCATION | 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 | 1996-09-01 |
Vocational Education Law of the People’s Republic of China |
---|
Contents
Chapter 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
(Adopted at the 19th Meeting of the Standing Committee of the Eighth
National People’s Congress on May 15, 1996, promulgated by Order No.69 of the
President of the People’s Republic of China on May 15, 1996)
Contents
Chapter 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.