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2002

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

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

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
CHAPTER FOUR MANAGEMENT OF REAL ESTATE CHAPTER FIVE LEGAL LIABILITIES CHAPTER SIX MISCELLANEOUS PROVISIONS

   Article 1 In order to standardize acts of development and management of urban real estate, to strengthen the supervision and administration
of development and management of urban real estate, and to promote and protect the healthy development of the business of real estate,
the present Ordinace is formulated in accordance with relevant provisions of The Law of the People’s Republic of China on Urban Real
Estate Administration.

   Article 2 Development and management of real estate, as referred to in the present Ordinance, refer to acts of the construction of infrastructure
and the construction of houses on state-owned land within urban planning areas and the transfer of projects of development or the
sales and lease of commercial housing by enterprises for development of real estate.

   Article 3 Development and management of real estate shall, in accordance with the principle of the unification of economic benefits, social
benefits and environmental benefits, plan comprehensively, layout reasonably, develope integratedly and construct concertedly.

   Article 4 The construction administrative organ under the State Council shall be responsible for the supervision and administration of acts
of development and management of real estate in the whole country.

Organs of local people’s governments at or above the county level responsible for administration of development and management of
real estate shall be responsible for acts of development and management of real estate within their repective administrative regions.

In accordance with the provisions of laws and administrative regulations, organs of people’s governments at or above the county level
responsible for land administration shall be responsible for the administration of land concerning development and management of
real estate.

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,
to establish enterprises for the development of real estate, the following requirements shall also be met:

(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
of qualifications, and 2 full-time accounting personnel with certificate of qualifications.

In accordance with local situations, people’s governments of provinces, autonomous regions and municipalities directly under the state
council may make requirements higher than the previous paragraph for the establishment of enterprises for development of real estate
concerning registered capital and the qualifications of professional technical personnel.

   Article 6 When investing to establish real estate development enterprises, a foreign merchant shall, besides complying with the provisions
of Article 5 of the present Ordinance, complete the process of examination and approval in accordance with the provisions of laws
and administrative regulations concerning foreign-invested enterprises.

   Article 7 The establishment of real estate development enterprises shall apply to be registered with administrative organs for commerce and
industry of people’s governments at or above the county level. For applications that meet the the requirements of Article 5 of the
present Ordinance, administrative organs for industry and commerce shall register within 30 days after receiving the application;
for those that don’t meet the requirements and so shall not be registered, the reasons therefor shall be explained.

When examining application for registration of the establishment of real estate development enterprises, administrative organs for
industry and commerce shall hear the opinion of the administrative departments responsible for real estate development at the same
level.

   Article 8 Within 30 days after drawing management certificate, enterprises for real estate development shall put on record with the following
documents with administrative organs reponsible for real estate development of the region of the administrative organ of registration:

(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
enterprises, administrative organs responsible for real estate development shall check and ratify the level of qualifications of
the enterprise of real estate development that has been put on record. Enterprises of real estate development shall receive projects
of real estate development in accordance with the level of qualifications as ratified. The detailed measures shall be formulated
by construction administration organ under the State Council.

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
plan for land use for construction and urban plan, annual plan of real estate development; those that shall be approved by administrative
organs for planning in accordance with relevant state regulations shall apply for approval to administrative organs for planning
and shall be consolidated into annual assets investments plan.

   Article 11 The ascertainment of real estate development projects shall, in accordance with the principle of integratition of the reconstruction
of the old districts and the construction of new districts, focus on the development of the areas where the infrastructure is weak,
the communication is congested, the environmental pollution is severe or the houses that are dangerous and old are concentrated;
the municipal entironment shall be protected and improved, and the historical and cultural heritage shall be protected.

Articel 12 The land for real estate development shall be obtained through remising; however, this shall not apply when it can be obtained
through transfer in accordance with the provisions of the laws and the regulations of the State Council.

Before the right to use land is remised or transferred, administrative organs responsible for urban planning and administrative organs
responsible for real estate development of local people’s governments at or above the county level shall give written opinion on
the following matters, which shall be the ground for remising or transferring the right of using land:

(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
shall not be lower than 20%.

   Article 14 The development and construction of real estate development projects shall have overall arrangement in relevant infrastructure, which
shall be carried out according to the principle of underground first, upground second.

   Article 15 Enterprises of real estate development shall carry out the development and construction of the project in accordance with the use
and durations of beginning work and construction as stipulated in the contract for remising of the right to use land. When the work
has not been started after one year since the duration of construction has elapsed, charge for idle land which is equivalent to less
than 20% of the price for remising the right to use land may be collected; when the work has not been started after two years have
elapsed, the right to use land can be taken back without consideration. However, the previous stipulations shall not apply when the
delay in beginning work is caused by force majesture or acts of government and relevant departments under the government or the indispensible
preliminary work before starting work.

   Article 16 The real estate projects developed and constructed by enterprises for real estate development shall comply with the provisions of
relevant laws and regulations and project quality, security standards and technical regulations concerning the reconnaissance, design,
and construction and the provisions of the contract.

Real estate development enterprises shall be responsible for the quality of the real estate development projects developed and constructed
by them.

Units of reconnaissance, design, construction and supervision shall bear corresponding responsibilities in accordance with the provisions
of relevant laws, regulations and the contract.

   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
completion with administrative organs responsible for real estate development of people’s governments at or above the county level
of the region where the project is located. Within 30 days after receiving the application for check and acceptance after completion,
the administrative organs for real estate development shall check and accept together with relevant departments or units for project
quality supervision, planninng, fire prevention, people’s defence, etc.

   Article 18 On completion of group housing real estate projects such as housing districts, they shall be checked and accepted in accordance with
the provision in Articel 17 of the present Ordinance and the following requirements:

(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
in installments.

   Article 19 Real estate development enterprises shall register in the pamphlet of real estate development projects the major affairs in the course
of the construction of the real estate development project; they shall also be regularly put on record with administrative organs
responsible for real estate development.

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
of the People’s Republic of China on Urban Real Estate.

   Article 21 When transferring real estate development projects, the transferor and the transferee shall, within 30 days after the completion
of the formalities of the registration of the transfer of the right to the use of land, put on record with administrative organs
responsible for real estate development with the contract for the transfer of real estate development project.

Articel 22 When real estate development enterprises transfer real estate development projects and the relocation and compensation
have not been completed, the relevant rights and obligations in the original contract for relocation and compensation shall be transferred
to the transferee therewith. The transferor shall give written notice to the persons being relocated.

   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
use of land;

(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
attained 25% or more of total investment, and the progress of construction and the date for completion and delivery have been ascertained;

(4) the registration for advance sale has been completed and the certificate of permission of advance sale of commercial housing has
been obtained.

   Article 24 When applying for registration of advance sale of commercial housing, enterprises of real estate development shall submit the following
documents:

(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
of commercial housing, make reply of approval or no approval of the advance sale. For those approved, certificate of permission of
advance sale of commercial housing shall be issued; for those not approved, the reasons therefor shall be explained.

   Article 26 Real estate development enterprises shall not engage in false advertising activities; the serial number of the certifying documents
of permission of advance sale of commercial housing shall be stated in the advertisements.

   Article 27 When selling commercial housing in advance, enterprises for real estate development shall show to persons purchasing in advance the
certificate of permission of advance sales of commercial housing.

Enterprises for real estate development shall, within 30 days after the signing of contracts for advance sales of commercial housing,
put on record with administrative organs responsible for real estate development and administrative organs responsible for the administration
of land of the people’s governments at or above the county level where the commercial housing is located.

   Article 28 When selling in advance commercial housing, the parties shall sign a written contract, which shall stipulate the area of construction
and the area for use, the price, the date of delivery, quality requirements, means of real estate administration and their repective
liabilities for the breach of the contract.

Articel 29 When assigning intermediary institutions to sell commercial housing, enterprises for real estate development shall issue
to intermediary institutions letter of authorization. When selling commercial housing, intermediary institutions shall show to buyers
of commercial housing relevant certifying documents of commercial housing and letter of authorization to sell commercial housing.

   Article 30 The prices of the transfer of real estate development projects and of the sales of commercial housing shall be negotiated and agreed
upon by the parties; however, the guiding price of government or the ordered price of the goverment shall be carried out in the case
of the prices of residence housing which enjoys the preferential treatment from the state.

   Article 31 When delivering commercial housing for use, enterprises for real estate planning shall issue letter of garuatee of quality and user’s
manual to the buyer.

Letter of garuatee of quality shall list the quality level as checked and examined by unit of supervision of the quality of the project,
scope of garuanteed repairing, duration of garuanteed repairing and the unit that shall be responsible for garuanteed repairing.
Enterprises for real estate development shall bear the obligation of garuanteed repairing in accordance with the provisions of letter
of garuantee of quality of housing.

If, within the period of garuanteed repairing, the original utility of the housing is affected and damages are incurred upon the buyer
because of the repairing of the housing by enterprises for real estate development, the enterprises shall bear liabilities in accordance
with laws.

   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,
the buyer can apply for re-examination to the unit of quality supervision of the project. If the quality of the main structure is
confirmed through re-examination not to be in compliance with the requirements , the buyer has the right to be refunded; if damages
are incurred upon the buyer, enterprises for real estate development shall bear the liability of compensation according to law.

   Article 33 The buyer of commercial housing sold in advance shall, within 90 days after the delivery of commercial housing for use, complete
the formalities for the transfer of the right to the use of land and for the registration of the property right over the housing;
buyer of completed housing shall, within 90 days after the sales contract is signed, complete formalities of transfer of the right
to the use of land and of registration of the property right over the housing. Enterprises of real estate development shall assist
buyers of commercial housing in completing the formalities of the transfer of the right to the use of land and of registration of
the property over the housing, and provide necessary certifying documents.

   Article 34 Those who engage in real estate development on themselves without obtaining management certificate in contravention to the present
Ordinance shall be ordered to stop activities of development and management by administrative organs of industry and commerce of
people’s governments at or above the county level; the illegal profits shall be confiscated and a fine of 5 times of the illegal
profits or less may be imposed.

   Article 35 Those who engage in real estate development without obtaining certificate of level of qualification or beyond their certificates
of level of qualification in contravention to the provisions of the present Ordinance shall be ordered to correct within fixed limitations
by administrative organs for industry and commerce of people’s governments at or above the county level; a fine of 50,000 yuan to
100,000 yuan shall be imposed; if they don’t correct within fixed limitations, the management certificate shall be revoked by administrative
organs for industry and commerce.

   Article 36 Those who deliver housing for use before it’s checked and accepted in contravention to the provisions of the present Ordinance shall
be ordered to make up for the formalities of check and acceptance within fixed limitation by administrative organs responsible for
real estate development of people’s governments at or above the county level; those who do not make up for the formalities of check
and acceptance within the fixed limitation shall be checked and accepted by administrative organs responsible for real estate development
of people’s governments at or above the county level; a fine of no less than 100,000 but no more than 300,000 yuan shall also be
imposed.Those who don’t pass the check shall be disposed of in accordance with Article 37 of the present Ordinance.

   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
shall be ordered to repair within fixed limitation by administrative organs responsible for real estate development of people’s governments
at or above the county level; a fine of under 2% of the total construction cost of the housing delivered shall be imposed in addition;
for those whose circumstances are severe, management certificates shall be revoked by administrative organs for industry and commerce
; for those who caused damages to the buyer, liability of compensation shall be imposed in accordance with law; for those who cause
serious injury or death or other severe consequences and a crime is constituted, criminal liability shall be investigated.

   Article 38 Those who transfer real estate development projects on their own in contravention to the provisions of the present Ordinance shall
be ordered to stop illegal acts; the illegal profits shall be confiscated; a fine of 5 times of illegal profits or less may also
be imposed in addition.

   Article 39 Those who sell commercial housing in advance on their own in contravention to the provisions of the present Ordinance shall be ordered
to stop illegal acts ; the illegal profits shall be confiscated; a fine of 1% of the advance payment or less may also be imposed
in addition.

   Article 40 If, in the supervision and administration of real estate development and management, employees with state organs neglect their duty,
be irregular for favoritism, abuse their powers and has committed a crime, their criminal liabilities shall be investigated; for
those who has not committed a crime, administrative penalties shall be imposed in accordance with law.

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
of real estate development and management shall be carried out with reference to the present ordinance.

   Article 42 Lands that are owned by collectives within urban planning areas couldnt be used in real estate development and management before
the land is expropriated by the state in accordance with law.

   Article 43 The present Ordinance shall be effective upon the date of promulgation.

    





PROCEDURES OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF TELECOMMUNICATIONS SERVICES

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
for the Protection and Development of Telecommunications”, and with the actual circumstances of Shanghai taken into consideration,
to maintain the order of telecommunication services in this Municipality, to standardize the business operations of telecommunications
services for those who engage in them and to ensure the normal business operations of telecommunications services.

   Article 2 (Definition)

The telecommunications services specified in the present procedures refers to the various kinds of services, based on the customers’
demands, to transmit information such as signs, signals, words, pictures and language by means of light, electricity or other electro-magnetic
systems.

   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
of the primary telecommunication services, free-competition for other services, sharing of resources, non-gratuitous services, fairness
in competition, protection of customers’ freedom and secrets in communication and their legitimate rights and interests.

   Article 5 (Competent Departments and Coordinated Departments)

The Post and Telecommunications Administrative Bureau of Shanghai Municipality (hereinafter referred to as “Municipal Post and Telecommunications
Bureau”) shall be the administrative department in charge of the industry of telecommunication and the business activities thereof.
It shall be responsible for the administration of all business activities of telecommunications services within this Municipality.

The departments of industry and commerce, public security, price control, customs and radio transmission administration, shall, in
the light of their respective duties, exercise their administrative and supervisory functions over the business operations of telecommunications
services.

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
the free-competition sector, a permit system and an application system are exercised.

   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
requirement for networking;

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
of telecommunication in this Municipality, their applications shall be dealt with in accordance with the relevant State provisions.

   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
Post and Telecommunications Bureau:

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,
market forecasting, development plan, technical standards, anticipated quality of services and service charges.

   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
application to the Municipal Post and Telecommunications Bureau. If the intended business operations are interprovince or intercity,
the applicant shall submit its application to the Ministry of Post and Telecommunications in accordance with the relevant State provisions.

   Article 14 (Issuance of Permit)

In connection with telecommunications services that need a permit, the Municipal Post and Telecommunications Bureau shall decide the
number of permits to be issued and the time and method of issuance on the basis of the available communication equipment, the available
lines and frequencies of the public networks, and the demand and supply of the telecommunication market. Information regarding the
issuance of permit shall be released to the public in advance. Detailed procedures shall be formulated by the Municipal Post and
Telecommunications Bureau, and shall be filed with the Municipal People’s Government for the record.

   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
business services that need a permit. An applicant whose application passes such examination shall be given a permit. An applicant
whose application fails to pass such examination shall be given a written reply. An applicant who does not receive a reply within
30 days shall be considered to have been granted approval for its application for a permit.

Permit may be issued by means of bids-invitation. The Municipal Post and Telecommunications Bureau shall issue the permit to bid winners
within 30 days.

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
materials submitted by the applicant in connection with telecommunication services which need an official approval. An applicant
whose application passes such examination shall be given the official approval. An applicant whose application fails to pass such
examination shall be given a written reply. One who does not receive any reply within 30 days shall be considered to have been granted
approval for its 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
department of industry and commerce to complete the formalities of registration or alteration of registration. For business operations
that involve radio communication, application procedures for the allocation of frequencies and the setting up of transmission stations
shall be completed with the administrative department of radio transmissions on the strength of the permit, as provided for by the
relevant regulations.

   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
the free-competition sector of telecommunication shall file with the Municipal Post and Telecommunication Bureau for the record within
30 days after receiving the permit or official approval.

   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
monopolized business on their behalf. For such entrustment contract of entrustment shall be entered into. Business operators in the
monopolized sector of telecommunication shall conduct business or technical training for the entrusted entities or individuals.

   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
the Municipal Post and Telecommunications Bureau and go through due formalities for renewal at least 60 days before the expiration
of the permit.

When it is necessary to alter the scope of business during the term of the permit, the business operator shall go to the Municipal
Post and Telecommunications Bureau and go through due formalities for registration of alteration at least 60 days in advance.

When it is necessary to have an early termination of the business operations during the term of the permit, the business operator
shall apply to the Municipal Post and Telecommunications Bureau at least 60 days before the early termination. The permit shall be
canceled only after approval and all problems arising therefrom in connection with the users have been properly dealt with.

The procedures for the examination and approval of renewal, alteration and termination of the permit shall be completed with reference
to the relevant provisions of Article 15 of the present Procedures.

   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
Post and Telecommunications Bureau in written form. The Municipal Post and Telecommunications Bureau shall, within 10 days after
receiving the notice, conduct a check in accordance with the standards and requirements stipulated in the relevant provisions. A
business operator that passes the check shall be given the go-ahead notice within 10 days. One that fails to pass the check shall
be given a notice with suggested opinion for improvement within 10 days.

   Article 23 (Standards for Telecommunications Equipment)

The exchange equipment, transmission equipment, terminals and networks used by business operators of telecommunications shall satisfy
the technical standards with regard to the equipment and conform to the technical system of networking of the State.

Business operators of telecommunications shall not use, accept or sell telecommunication equipment that do not have a certificate
of networking issued by the Ministry of Post and Telecommunications or the Municipal Post and Telecommunications Bureau.

   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
at the uniform price ratified by the department of price control, supply the basic relay equipment and lines needed for business
operations to those in the freecompetition sector of telecommunications services, and sign relevant contracts with them.

The term of supply of the relay equipment and lines mentioned in the preceding paragraph and matters relevant thereto shall be separately
provided for by the Municipal Post and Telecommunication Bureau and filed with the Municipal People’s Government for record keeping
as required.

   Article 25 (Requirements for Network Operations)

Business operators of telecommunications shall establish a necessary maintenance system for the communication lines and equipment
in accordance with the stipulations of the Ministry of Posts and Telecommunications and the Municipal Post and Telecommunications
Bureau, so as to ensure the normal operation of the telecommunications networks and improve its quality. They shall not hamper the
normal operations of the telecommunications networks and improve its quality. They shall not hamper the normal operations of other
existing telecommunication networks.

   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
the Municipal Post and Telecommunications Bureau;

2. Make known, at the place of business, to the public the types of telecommunications services, service standards, rates of service
charges and business hours;

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
request within the prescribed time.

   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
customers into using telecommunications services or purchasing telecommunications equipment;

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
operators;

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,
and may suspend the rendition of services if he does not comply within a set period of time:

1. Using telecommunication equipment that does not have the newtworking certificate issued by the Ministry of Post and Telecommunications
or the Municipal Post and Telecommunications Bureau;

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
of others;

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
services to a customer who violates 3 or 4 of the present Article, the business operator shall cooperate and comply with the request.

   Article 29 (Service Charges)

Business operators of telecommunications shall strictly comply with the uniform rates of service charges set by the State. With respect
to services that do not have uniform rates set by the State, the Municipal Post and Telecommunications Bureau shall recommend rates,
which shall be implemented after ratification by the municipal department of price control. With respect to services that do not
have rates set by the State or by this Municipality, the business operator of telecommunications shall decide at its own discretion.

Business operators of telecommunications shall comply with the relevant stipulations of the Municipal Post and Telecommunication Bureau
and the departments of price control when they charge service fees in advance.

   Article 30 (Telecommunications Administration Fee)

Business operators of telecommunications shall pay administration fee to the Municipal Post and Telecommunications Bureau. The rates
for the fee shall be recommended by the Municipal Post and Telecommunications Bureau and submitted to the Municipal Price Bureau
and the Municipal Finance Bureau for ratification. The telecommunication administration fee shall be listed and managed as an unbudgeted
fund of this Municipality.

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,
temporarily exercise unified control over business operators’ telecommunication networks and reallocate communications lines.

   Article 32 (Administrative Inspection)

The Municipal Post and Telecommunications Bureau is enpost_titled to supervise and inspect the business activities of telecommunication
operators. The post and telecommunications administrators shall carry uniform credentials with them when they act in their official
capacity.

   Article 33 (Administrative Punishment)

Units or individuals who violate the present Procedures shall be subject to the punishment by the Municipal Post and Telecommunications
Bureau in accordance with the following provisions:

1. Those who engage in business operations of telecommunications without official permission shall be enjoined from continuing their
business activities. Their unlawful gains shall be confiscated, and a fine of 5000 to 50,000 yuan shall be imposed on them.

2. Those who forge, alter, borrow or transfer the permit or the official approval shall be penalized by confiscation of their unlawful
gains and revocation of their permit or official approval. In addition, a fine of 3,000 to 30,000 yuan shall be imposed on them.

3. Business operators of telecommunications who continue their operations without a renewal after their permit expires, or alter,
without going through due formalities as required, the scope of their business during the term of the permit or terminate their business
before expiration of the permit, shall be given a warning, and be fined 1,000 to 10,000 yuan.

4. Those who takes the liberty to start business operations of telecommunications without the check or fail to pass the check, or
those who fail to establish an operative service system within 12 months after receiving the permit, shall be ordered to rectify
their behavior within a set period of time and punished by a fine of 2,000 to 20,000 yuan. If the case is serious, the permit shall
be revoked.

5. Business operators of telecommunications, who use telecommunications equipment that does not conform to the relevant technical
standards of the State and thus hamper the normal operation of other existing networks, shall be ordered to rectify their behavior
within a set period of time. In addition, they may be punished by a fine of 1,000 to 30,000 yuan.

6. Those who suspend or terminate their business operations of telecommunications without authorization or justifiable reasons, who
impose restrictions on the use of telecommunications services or on the purchase of telecommunication equipment, or coerce customers
into using telecommunication services or purchasing telecommunication equipment, who provide information regarding the customers’
use of telecommunications services to others without proper consent; or provide information to customers against their will, shall
be ordered to rectify their behavior within a set period of time, and may be punished by a fine of 1,000 to 10,000 yuan.

7. Business operators of telecommunications who provide telecommunications services that fall below the set standards shall be ordered
to rectify their behavior and may be punished by a fine of 1,000 to 10,000 yuan.

8. Business operators of telecommunications that fail to make known, in accordance with the provisions, to the public the types of
telecommunications services, service standards, rates of service charges and business hours shall be ordered to rectify their behavior
within a set period of time, and may be punished by a fine of 1,000 to 3,000 yuan.

9. Business operators of telecommunications who accept or sell equipment that does not have the networking certificate issued by the
Ministry of Post and Telecommunications or the Municipal Post and Telecommunications Bureau shall be ordered to rectify their behavior
within a set period of time, and may be punished by a fine of 1,000 to 10,000 yuan.

10. Business operators of telecommunications who do not cooperate with the competent authorities in lawfully suspending the telecommunication
of customers shall be ordered to rectify their behavior within a set period of time, and may be punished by a fine of 5,000 to 30,000
yuan.

If cases involving violation of the present Procedures shall be punished, according to law, by other administrative departments, they
shall be turned over thereto by the Municipal Post and Telecommunication Bureau.

   Article 34 (Civil Liability)

Business operators of telecommunication who violate the present procedures and cause a loss to customers shall be liable to compensate
for the loss and have other civil liabilities in accordance with the law.

   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
may apply for administrative reconsideration or take legal action in accordance with the provisions of “Regulations on Administrative
Reconsideration” and “Administrative Litigation Law of the People’s Republic of China”.

The administrative department that takes the administrative act may, in accordance with the provisions of “Administrative Litigation
Law of the People’s Republic of China”, apply to the people’s court for enforcement in case the party concerned neither applies for
reconsideration, nor takes legal action, nor complies with the specific administrative act within the time limit prescribed by law.

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
present Procedures.

   Article 37 (Date of Implementation)

The present procedures shall become effective on January 1,1996.

    





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE REVISION OF THE THE PREVENTION AND CONTROL OF WATER POLLUTION

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


Decision of the Standing Committee of the National People’s Congress Regarding the Revision of the Law of the People’s Republic of
China on the Prevention and Control of Water Pollution


Appendix: LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PREVENTION AND
Contents
Chapter I  General Provisions
Chapter II  Establishment of Water Environment Quality Standards and
Chapter III  Supervision and Management of the Prevention and Control of
Chapter IV  Prevention of Surface Water Pollution
Chapter V  Prevention of Groundwater Pollution
Chapter VI  Legal Liability
Chapter VII  Supplementary Provisions

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

National People’s Congress on May 15, 1996, and promulgated by Order No.66 of
the President of the People’s Republic of China on the same date)

    The 19th Meeting of the Standing Committee of the Eighth National People’s
Congress has decided to revise the Law of the People’s Republic of China on
the Prevention and Control of Water Pollution as follows:

    1. The second paragraph of Article 7 is amended as: “The people’s
governments of provinces, autonomous regions and municipalities directly under
the Central Government may establish its local standards for the discharge of
water pollutants for items not specified in the national standards; with
regard to items already specified in the national standards, it may set local
standards which are more stringent than the national standards. The local
standards for the discharge of water pollutants must be reported to the
environmental protection department of the State Council for the record.”

    2. Add a new article as Article 10: “The prevention and control of water
pollution shall be planned in a unified way on the basis of river basins or
regions. Water pollution prevention and control plans for major river basins
designated by the state shall be drawn up by the environmental protection
department of the State Council in consultation with the competent planning
department, the water conservancy administration department and other
competent departments under the State Council, and the people’s governments of
involved provinces, autonomous regions and municipalities under the Central
Government, and shall be reported to the State Council for approval.

    “Water pollution prevention and control plans for other river basins
involving two or more provinces or counties shall, in accordance with the
plans for major river basins designated by the state and with the local
practical situations, be drawn up by the environmental protection department
in consultation with the water conservancy administration department and other
competent departments of the people’s government at or above the provincial
level, and the local people’s governments involved, and shall be reported to
the State Council or the people’s government at the provincial level for
approval. Plans for other river basins involving two or more counties but not
involving different provinces shall be reported by the people’s government of
the province to the State Council for the record.

    “The approved plans shall serve as the bases for the prevention and
control of water pollution. Any amendment to an approved plan must be approved
by the original approving department.

    “Local people’s governments at or above the county level shall, in
accordance with the water pollution prevention and control plans for river
basins already approved according to law, organize to formulate plans for the
prevention and control of water pollution within their respective
administrative areas, and shall incorporate such plans into the medium- and
long-term plans and annual plans for the national economy and social
development of their respective administrative areas.”

    3. The third paragraph of Article 13 is amended as: “Facilities for the
prevention and control of water pollution at a construction project must be
designed, built and commissioned together with the principal part of the
project. Such facilities must be inspected by the environmental protection
department; if they do not conform to the specified requirements, the said
project shall not be permitted to be put into operation or to use.”

    Add a new paragraph as the fourth paragraph: “The environmental impact
statement shall include views of units and residents where the construction
project is to be located.”

    4. The second paragraph of Article 14 is amended as: “The pollutant
discharging units mentioned in the preceding paragraph shall report in time if
any substantial change occurs in the categories, quantities or concentrations
of the water pollutants discharged. Their water pollutant treatment facilities
must be kept in normal use. When such facilities are to be dismantled or left
idle, prior approval must be obtained from the environmental protection
department of the local people’s government at or above the county level.”

    5. Delete the reading “and shall assume responsibility to eliminate and
control the pollution” in Article 15. Add two new paragraphs thereto as the
second and the third paragraphs respectively, which read: “The income derived
from the discharge fee and the fee for excess discharge must be used for the
prevention and control of pollution and shall not be appropriated for other
purposes.

    “Enterprises and institutions discharging pollutants in excess of the
prescribed standards must work out a programme to eliminate and control the
pollution, and report such programme to the environmental protection
department of the local people’s government at or above the county level for
the record.”

    6. Add a new article as Article 16: “Where the water pollutant discharge
standards have been reached but cannot ensure the attainment of the water
environment quality standards for water bodies, the people’s governments at or
above the provincial level may establish a system for controlling the total
quantity of major pollutants discharged, and practise a system for determining
the quantity of such major pollutants discharged among enterprises which are
responsible for reducing the quantity of pollutants discharged. The State
Council shall formulate specified measures therefor.”

    7. Add a new article as Article 17: “The environmental protection
department of the State Council may, in consultation with the water
conservancy administration department under the State Council and the relevant
people’s government at the provincial level, and in accordance with uses and
functions of water bodies of major river basins designated by the state and
with local economic and technological conditions, set the water environmental
quality standards applicable to provincial boundary water bodies of such major
river basins, and report to the State Council and implement them after
approval.”

    8. Add a new article as Article 18: “The working organs for water resource
protection of major river basins designated by the state shall be responsible
for monitoring the state of environmental quality of provincial boundary water
bodies within their respective river basin areas, and report the monitoring
results in time to the environmental protection department and the water
conservancy administration department of the State Council; if a leading organ
for water resource protection of the river basin has been established with the
approval of the State Council, the monitoring results shall in time be
reported thereto.”

    9. Article 10 is changed into Article 19 and amended as: “Urban sewage
shall be disposed of in a centralized way.

    “Competent departments under the State Council and local people’s
governments at various levels must incorporate into their plans of municipal
construction the protection of urban water sources and the prevention and
control of urban water pollution, construct and perfect municipal drainage
systems, and construct urban sewage treatment facilities in a planned way, in
order to strengthen the comprehensive improvement of urban water environment.

    “Urban sewage treatment facilities shall, according to the state
provisions, be used to provide paid service of sewage treatment for pollutant
dischargers, and the fee for sewage treatment shall be collected to ensure the
normal operation of sewage treatment facilities. Where sewage is discharged
into urban sewage treatment facilities and the fee for sewage treatment has
been paid therefor, the discharge fee shall not be levied. The income derived
from the fee for sewage treatment so collected must be used for the
construction and operation of urban sewage treatment facilities and may not be
appropriated for other purposes.

    “The State Council shall formulate specific measures for the collection of
the sewage treatment fee, and for the management and utilization of urban
sewage treatment facilities.”

    10. Add a new article as Article 20: “People’s governments at or above the
provincial level may delineate protected zones for surface sources of domestic
and drinking water according to law. Such protected zones include the first
and other classes protected zones. Specific water and land areas in the
vicinity of intakes at a surface source for domestic and drinking water may be
delineated as a first class protected zone, and those water and land areas
outside the first class protected zone be delineated as other class protected
zone. Various classes protected zones shall have their definite geographical
boundaries.

    “The discharge of waste water into water bodies at the first class
protected zones for surface sources of domestic and drinking water shall be
prohibited.

    “Tours, swims and other activities which might cause pollution to domestic
and drinking water bodies within the first class protected zones shall be
prohibited.

    “Any new construction project or expansion unrelated to water supply
facilities and to the protection of water sources within the first class
protected zones for surface sources of domestic and drinking water shall be
prohibited.

    “People’s governments at or above the county level shall, according to
their limits of authorities specified by the State Council, order to dismantle
or improve within a prescribed time period those sewage outfalls already set
up within the first class protected zones for surface sources of domestic and
drinking water.

    “The protection of domestic and drinking groundwater sources shall be
strengthened.

    “The State Council shall formulate specific measures for the protection of
domestic and drinking water sources.”

    Delete the phrase “domestic and drinking water sources” in Article 12.

    11. Add a new article as Article 22: “Enterprises shall adopt clean
production techniques which are efficient in the use of raw materials and
discharge small quantity of pollutants, and shall strengthen the management to
reduce the water pollutants generated.

    “The state establishes a system for eliminating those backward production
techniques and equipment, which cause severe pollution to water environment.

    “The competent comprehensive administrative department of economy under
the State Council shall, in consultation with departments concerned under the
State Council, announce a catalogue of techniques which cause severe pollution
to water environment and of which the adoption is to be prohibited upon the
expiration of a prescribed time period, as well as a catalogue of equipment
which causes severe pollution to water environment and of which the
production, sale, importation and use are to be prohibited upon the expiration
of a prescribed time period.

    “Producers, marketers, importers or users must, within the time limit
specified by the competent comprehensive administrative department of economy
in consultation with departments concerned under the State Council, stop
respectively the production, sale, importation or use of equipment listed in
the catalogue mentioned in the preceding paragraph. Adopters of production
techniques must, within the time limit specified by the competent
comprehensive administrative department of economy in consultation with
departments concerned under the State Council, stop the adoption of techniques
listed in the catalogue mentioned in the preceding paragraph.

    “Equipment already eliminated according to the provisions in two preceding
paragraphs may not be transferred to others for use.”

    12. Add a new article as Article 23: “The state prohibits the
establishment of any new small-size enterprise engaging in chemical paper pulp
making, printing and dyeing, dyestuff, hide processing, electroplating, oil
refining or agricultural chemical without measures for the prevention and
control of water pollution, and other enterprises which may cause severe
pollution to water environment.”

    13. Add a new article as Article 26: “Water pollution disputes involving
different administrative areas shall be settled through negotiation between or
among local people’s governments involved therein, or through co-ordination by
their common higher people’s government.”

    14. Article 20 is changed into Article 28 and a new paragraph added as the
second paragraph: “In the case of any pollution accident caused to fisheries,
the fisheries administrative and superintendency agencies shall be responsible
for its investigation and disposal.”

    15. Add a new article as Article 39: “The agricultural administration
department and other relevant departments of a local people’s government at or
above the county level shall take measures to instruct agricultural producers
to apply chemical fertilizers and pesticides in a scientific and rational
manner, and control the excessive use of chemical fertilizers and pesticides,
so as to prevent water pollution therefrom.”

    16. Add a new article as Article 47: “If, in violation of the provisions
of the third paragraph of Article 13 in this Law, a construction project is
put into operation or to use when its facilities for the prevention and
control of water pollution have not completed or fail to meet the state
specified requirements, the environmental protection department that approved
the environmental impact statement of the said project shall order the
violator to stop the operation or use of the project and may concurrently
impose a fine.”

    Delete Item (2) in Article 37.

    17. Add a new article as Article 48: “If a pollutant discharging unit, in
violation of the provisions of the second paragraph of Article 14 in this Law,
intentionally does not keep its water pollutant treatment facilities in normal
use, or dismantles or leaves idle such facilities without approval of the
environmental protection department, thereby discharging pollutants in excess
of prescribed standards, the environmental protection department of a local
people’s government at or above the county level shall order it to restore
such facilities to the normal use, or set a time limit for it to reinstall and
reuse such facilities, and concurrently impose a fine.”

    18. Add a new article as Article 49: “If anyone, in violation of the
provisions of the fourth paragraph of Article 20 in this Law, establishes
within the first class protected zones for surface source of domestic and
drinking water any new construction or expansion project unrelated to water
supply facilities and to the protection of water sources, the people’s
government at or above the county level shall, according to its limit of
authorities specified by the State Council, order the violator to suspend
operations or close down.”

    19. Add a new article as Article 50: “If anyone, in violation of the
provisions of Article 22 in this Law, produces, sells, imports or uses
equipment, or adopts techniques, which have already been prohibited, the
competent comprehensive administrative department of economy of the people’s
government at or above the county level shall order the violator to make
correction; if the circumstances are serious, the said department shall
propose and report to the people’s government at the corresponding level for
an order of suspension of operations or shutdown issued within its limit of
authorities specified by the State Council.”

    20. Add a new article as Article 51: “If anyone, in violation of the
provisions of Article 23 in this Law, establishes any small-size enterprise
without measures for the prevention and control of water pollution, thereby
causing severe pollution to water environment, the local people’s government
at the city or county level or the higher people’s government shall order to
shut down such enterprise.”

    21. Article 39 is changed into Article 53 and amended as: “A pollutant
discharging unit which violates this Law, thereby causing a water pollution
accident, shall be fined according to the consequent damage and loss by the
competent environmental protection department of the local people’s government
at or above the county level in the place where the accident takes place.

    “In the case of a pollution accident caused to fisheries or caused by
vessels, the competent fisheries administration and superintendency agency or
the navigation office of the competent transportation department in the place
where the accident takes place shall impose a fine respectively according to
the consequent damage and loss.

    “If the circumstances are serious in a water pollution accident, the
persons responsible shall be subject to disciplinary sanction by the unit to
which they belong or by a higher competent authority.”

    22. Add a new article as Article 58: “Personnel conducting supervision and
management of environmental protection or other relevant state personnel who
abuses his power, neglects his duty or engages in malpractices for personal
gains shall be given disciplinary sanction by the unit to which he belongs or
the competent higher authorities: if his act constitutes a crime, he shall be
investigated for criminal responsibility according to law.”

    23. Add a new article as Article 59: “With regard to individual businesses
that discharge pollutants into water bodies and cause severe pollution,
standing committees of the people’s congresses of the provinces, autonomous
regions and municipalities directly under the Central Government shall
formulate measures therefor in accordance with the principles in the
provisions of this Law.”

    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
Water Pollution shall be republished after being correspondingly revised
according to this Decision.
Appendix: LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PREVENTION AND
CONTROL OF WATER POLLUTION
(Adopted at the fifth meeting of the Standing Committee of the Sixth National
People’s Congress on May 11, 1984, and revised according to the Decision
Regarding the Revision of the Law of the People’s Republic of China on the
Prevention and Control of Water Pollution adopted at the 19th meeting of the
Standing Committee of the Eighth National People’s Congress on May 15, 1996)
Contents

    Chapter I    General Provisions

    Chapter II   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
Chapter I  General Provisions

    Article 1  This Law is formulated for the purpose of preventing and
controlling water pollution, protecting and improving the environment,
safeguarding human health, ensuring the effective use of water resources and
facilitating the development of socialist modernization.

    Article 2  This Law shall apply to the prevention and control of pollution
of rivers, lakes, canals, irrigation channels, reservoirs and other surface
water bodies and of groundwater within the territory of the People’s Republic
of China.

    This Law is not applicable to the prevention and control of marine
pollution, which is provided for by a separate law.

    Article 3  Competent departments under the State Council and local
people’s governments at various levels shall incorporate the protection of the
water environment into their plans and adopt ways and measures to prevent and
control water pollution.

    Article 4  The environmental protection departments of the people’s
governments at all levels shall be the organs exercising unified supervision
and management of the prevention and control of water pollution.

    Navigation administrative offices of transportation departments at various
levels shall be the organs exercising supervision and management of pollution
from ships.

    Water conservancy administration departments, public health administration
departments, geological and mining departments, municipal administration
departments and water sources protection agencies on major rivers of people’s
governments at various levels shall, through performing their respective
functions and in conjunction with environmental protection departments,
implement supervision and management of the prevention and control of water
pollution.

    Article 5  All units and individuals shall have the duty to protect the
water environment and the right to supervise any act that pollutes or damages
the water environment and to inform against the polluter.

    Any unit or individual that has suffered losses directly from a water
pollution hazard shall have the right to claim damages from and demand the
elimination of the hazard by the polluter.
Chapter II  Establishment of Water Environment Quality Standards and
Pollutant Discharge Standards

    Article 6  The environmental protection department of the State Council
shall establish national water environment quality standards.

    The people’s governments of provinces, autonomous regions, and
municipalities directly under the Central Government may establish their own
local, supplementary standards for those items not specified in the national
water environment quality standards and report the same to the environmental
protection department of the State Council for the record.

    Article 7  The environmental protection department of the State Council
shall, in accordance with the national water environment quality standards and
the country’s economic and technological conditions, establish national
pollutant discharge standards.

    The people’s governments of provinces, autonomous regions and
municipalities directly under the Central Government may establish its local
standards for the discharge of water pollutants for items not specified in the
national standards; with regard to items already specified in the national
standards, it may set local standards which are more stringent than the
national standards. The local standards for the discharge of water pollutants
must be reported to the environmental protection department of the State
Council for the record.

    Those who discharge pollutants into any water body where local pollutant
discharge standards have been established shall observe such local standards.

    Article 8  The environmental protection department of the State Council
and the people’s governments of provinces, autonomous regions, and
municipalities directly under the Central Government shall amend in due time
their respective water environment quality standards and pollutant discharge
standards in accordance with the requirements of water pollution prevention
and control and with the country’s economic and technological conditions.
Chapter III  Supervision and Management of the Prevention and Control of
Water Pollution

    Article 9  Competent departments under the State Council and local
people’s governments at various levels shall, in the process of developing,
utilizing, regulating and allocating water resources, make integrated plans
for maintaining proper river flows, proper water levels of lakes and
reservoirs and proper groundwater tables, in order to sustain the natural
purification capacity of water bodies.

    Article 10  The prevention and control of water pollution shall be planned
in a unified way on the basis of river basins or regions. Water pollution
prevention and control plans for major river basins designated by the state
shall be drawn up by the environmental protection department of the State
Council in consultation with the competent planning department, the water
conservancy administration department and other competent departments under
the State Council, and the people’s governments of involved provinces,
autonomous regions and municipalities under the Central Government, and shall
be reported to the State Council for approval.

    Water pollution prevention and control plans for other river basins
involving two or more provinces or counties shall, in accordance with the
plans for major river basins designated by the state and with the local
practical situations, be drawn up by the environmental protection department
in consultation with the water conservancy administration department and other
competent departments of the people’s government at or above the provincial
level, and the local people’s governments involved, and shall be reported to
the State Council or the people’s government at the provincial level for
approval. Plans for other river basins involving two or more counties but not
involving different provinces shall be reported by the people’s government of
the province to the State Council for the record.

    The approved plans shall serve as the bases for the prevention and control
of water pollution. Any amendment to an approved plan must be approved by the
original approving department.

    Local people’s governments at or above the county level shall, in
accordance with the water pollution prevention and control plans for river
basins already approved according to law, organize to formulate plans for the
prevention and control of water pollution within their respective
administrative areas, and shall incorporate such plans into the medium- and
long-term plans and annual plans for the national economy and social
development of their respective administrative areas.

    Article 11  Competent departments under the State Council and local
people’s governments at various levels shall make rational plans for the
placement of industry, and see to it that enterprises causing water pollution
are modified and technically renovated, adopting comprehensive prevention and
control measures, raising the frequency of water reuse, utilizing resources
rationally and reducing the quantity of waste water and pollutants discharged.

    Article 12  For water bodies at scenic or historic sites, important
fishery water bodies and other water bodies of special economic or cultural
value, people’s governments at or above the county level may delineate
protected zones and take measures to ensure that the water quality in those
protected zones complies with the standards for their designated uses.

    Article 13  New construction projects, extensions, or reconstruction
projects which discharge pollutants into water bodies directly or indirectly
and installations on water shall be subject to the state provisions concerning
environmental protection for such projects.

  &nb

MINERAL RESOURCES LAW

Mineral Resources Law of the People’s Republic of China

    

(Adopted at the 15th Meeting of the Standing Committee of the Sixth National People’s Congress on March 19, 1986, and revised in accordance
with the Decision of the Standing Committee of the National People’s Congress on Revising the Mineral Resources Law of the People’s
Republic of China adopted at the 21st Meeting of the Standing Committee of the Eighth National People’s Congress on August 29, 1996)

CHAPTER I GENERAL PROVISIONS

CHAPTER II REGISTRATION FOR EXPLORATION OF MINERAL RESOURCES AND EXAMINATION AND APPROVAL OF MINING

CHAPTER III EXPLORATION OF MINERAL RESOURCES

CHAPTER IV MINING OF MINERAL RESOURCES

CHAPTER V COLLECTIVELY-OWNED MINING ENTERPRISES AND PRIVATELY-OWNED MINING UNDERTAKINGS

CHAPTER VI LEGAL LIABILITY

CHAPTER VII SUPPLEMENTARY PROVISIONS

   Article 1 This Law is enacted in accordance with the Constitution of the People’s Republic of China, with a view to developing the mining industry,
promoting the exploration, development, utilization and protection of mineral resources and ensuring the present and long-term needs
of the socialist modernization programme.

   Article 2 This Law must be observed in exploring and mining mineral resources within the territory of the People’s Republic of China and the
marine areas under its jurisdiction.

   Article 3 Mineral resources belong to the State. The rights of State ownership in mineral resources is exercised by the State Council. State
ownership of mineral resources, either near the earth’s surface or underground, shall not change with the alteration of ownership
or right to the use of the land which the mineral resources are attached to.

The State safeguards the rational development and utilization of mineral resources. Seizing or damaging mineral resources by any means
and by any organization or individual shall be prohibited. People’s governments at various levels must make serious efforts to protect
mineral resources.

Anyone who wishes to explore or mine mineral resources shall separately make an application according to law and shall register after
obtaining the right of exploration or mining upon approval, with the exception of the mining enterprises that have, in accordance
with law, applied for and obtained the right of mining and are conducting exploration within the designated mining area for the purpose
of their own production. The State protects the right of exploration and of mining from encroachment and protects the order of production
and other work in the mining and exploration areas from interference and disruption.

Anyone engaged in exploring and mining of mineral resources shall meet the prescribed qualifications.

   Article 4 The State protects the lawful rights and interests of mining enterprises, established in accordance with law, in mining of mineral
resources.

The State-owned mining enterprises are the mainstay in mining mineral resources. The State guarantees the consolidation and expansion
of State-owned mining enterprises.

   Article 5 The State practises a system wherein the exploration right and mining right shall be obtained with compensation; however, the State
may, in light of specific conditions, prescribe reduction of or exemption from the compensation for acquiring the exploration right
and mining right. Specific measures and implementation procedures shall be formulated by the State Council.

Anyone who mines mineral resources must pay resource tax and resource compensation in accordance with relevant regulations of the
State.

   Article 6 Exploration right and mining right shall not be transferred except for the transfers made according to the following provisions:

(1) The exploration licensees shall have the right to carry out specified explorations within the designated exploration areas and
have the priority to obtain the right to mine the mineral resources in the exploration areas. The exploration licensees, after fulfilling
the specified minimum input to exploration and obtaining approval in accordance with law, may transfer the exploration right to another.

(2) A mining enterprise that has obtained the mining right but needs to change the subject of the mining right, because of merger,
division, forming of an equity joint venture or contractual joint venture, sale of its assets, or change of ownership of its assets
in other manners, may transfer its mining right to another, subject to approval in accordance with law.

The specific measures and implementation procedures concerning the provisions in the preceding paragraph shall be stipulated by the
State Council.

Profiteering in exploration right or mining right shall be prohibited.

   Article 7 With regard to the exploration and development of mineral resources, the State applies the principles of unified planning, rational
geographical distribution, multi-purpose exploration, rational mining and multi-purpose utilization.

   Article 8 The State encourages scientific and technological research on the exploration and development of mineral resources, promotes advanced
technology so as to raise the scientific and technological level of mineral exploration and development.

   Article 9 Any organization or individual that has achieved outstanding successes in the exploration, development and protection of mineral
resources and in scientific and technological research shall be awarded by relevant people’s government.

   Article 10 In mining mineral resources in national autonomous areas, the State should give consideration to the interests of those areas and
make arrangements favourable to the areas’ economic development and to the production and well-being of the local minority nationalities.

Self-government organs in national autonomous areas shall, in accordance with legal provisions and unified national plans, have the
priority to develop and utilize in a rational manner the mineral resources that may be developed by the local authorities.

   Article 11 The department in charge of geology and mineral resources under the State Council shall be responsible for supervision and administration
of the exploration and mining of the mineral resources throughout the country. Other relevant competent departments under the State
Council shall assist the department in charge of geology and mineral resources under the State Council in supervising and administering
the exploration and mining of the mineral resources.

The departments in charge of geology and mineral resources under the people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government shall be in charge of supervision and administration of the exploration and mining of the mineral
resources within their respective administrative areas. Other relevant departments under the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government shall assist the departments in charge of geology and mineral resources
at the corresponding levels in supervising and administering the exploration and mining of the mineral resources.

CHAPTER II REGISTRATION FOR EXPLORATION OF MINERAL RESOURCES AND EXAMINATION AND APPROVAL OF MINING

   Article 12 The State practises a unified regional registration system for exploration of mineral resources. The department in charge of geology
and mineral resources under the State Council shall be responsible for the registration of exploration of mineral resources. The
State Council may authorize other relevant competent departments to handle the registration of exploration of specified minerals.
Measures for regional registration of exploration of mineral resources shall be formulated by the State Council.

   Article 13 The department in charge of examination and approval of mineral reserves under the State Council or departments in charge of examination
and approval of mineral reserves of provinces, autonomous regions and municipalities directly under the Central Government shall
be responsible for the examination and approval of the prospecting reports to be used for mining construction designing and shall,
within the prescribed time limit, give official replies to the units that submitted the reports. Unless it is approved, a prospecting
report may not be used as the basis for mining construction designing.

   Article 14 Archives of mineral exploration results and statistical data of reserves of various minerals shall be subject to unified management,
and shall be collected or compiled for submission in accordance with the regulations of the State Council.

   Article 15 Anyone who wishes to establish a mining enterprise must meet the qualifications prescribed by the State, and the department in charge
of examination and approval shall, in accordance with law and relevant State regulations examine the enterprise’s mining area, its
mining design or mining plan, production and technological conditions and safety and environmental protection measures. Only those
that pass the examination shall be granted approval.

   Article 16 Anyone who wishes to mine the following mineral resources shall be subject to examination and approval by the department in charge
of geology and mineral resources under the State Council, which shall also issue a mining license:

(1) those within the mining areas embraced in State plans or within the mining areas which are of great value to the national economy;

(2) those outside the areas mentioned in the preceding sub-paragraph, and where the minerable mineral reserves are at least of a large
quantity;

(3) specified minerals of which protective mining is prescribed by the State;

(4) those in the territorial seas and other sea areas under China’s jurisdiction; and

(5) other mineral resources as prescribed by the State Council.

The competent departments authorized by the State Council may conduct examination of and grant approval to mining of such specified
minerals as oil, natural gas, radioactive minerals and issue mining licenses.

The mining of mineral resources that are not covered by the provisions of paragraphs 1 and 2 and the mineable reserves of which are
of medium quantity shall be subject to examination and approval by the departments in charge of geology and mineral resources under
the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, which shall issue
mining licenses.

Measures for the administration of the mining of mineral resources not covered by the provisions of paragraphs 1, 2 and 3 shall be
formulated by the standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under
the Central Government according to law.

Where examination and approval are conducted and mining licenses are issued under the provisions of paragraph 3 and paragraph 4, the
departments in charge of geology and mineral resources under the people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government shall collect the cases and submit them to the department in charge of geology and mineral
resources under the State Council for the record.

The standards for large and medium quantities of mineral reserves shall be formulated by the department in charge of examination and
approval of mineral reserves under the State Council.

   Article 17 The State institutes a policy of planned mining with regard to mining areas that are embraced in State plans, mining areas that are
of great value to the national economy and the specified minerals of which protective mining is prescribed by the State. Unless approved
by the competent department under the State Council, no unit or individual may carry out such mining.

   Article 18 After the limits for the mining areas that are embraced in State plans, the limits for mining areas that are of great value to the
national economy, and the limits for mining areas of mining enterprises have been defined according to law, the competent departments
that defined the limits of the mining areas shall notify the relevant people’s governments at the county level to announce them.

If a mining enterprise wishes to change the limits of its mining area, it must apply to the department that examined or approved of
the limits for approval and apply to the department that issued the mining license for reissue of a mining license after verification.

   Article 19 The local people’s governments at various levels shall adopt measures to maintain normal order in the mining areas of State-owned
mining enterprises and other mining enterprises within their respective administrative areas.

No unit or individual may enter and carry out mining in the mining areas of a State-owned mining enterprise or other mining enterprise
that was established according to law.

   Article 20 Unless approved by the competent departments authorized by the State Council, no one may mine mineral resources in the following
places:

(1) within delimited areas of harbours, airports and national defence projects or installations;

(2) within a certain distance from important industrial districts, largescale water conservancy works or municipal engineering installations
of cities and towns;

(3) within certain limits on both sides of railways and important highways;

(4) within certain limits on both sides of important rivers and embankments;

(5) nature reserves and important scenic spots designated by the State, major sites of immovable historical relics and places of historical
interest and scenic beauty that are under State protection; and

(6) other areas where mineral mining is prohibited by the State.

   Article 21 If a mine is to be closed down, a report must be prepared with information about the mining operations, hidden dangers, land reclamation
and utilization, and environmental protection, and an application for examination and approval must be filed in accordance with relevant
State regulations.

   Article 22 If, in the course of mineral exploration or mining, rare geological phenomena or ancient cultural remains of significant scientific
and cultural value are discovered, they shall be protected and reported immediately to the relevant departments.

CHAPTER III EXPLORATION OF MINERAL RESOURCES

   Article 23 Regional geological surveys shall be carried out in accordance with the unified State plan. Reports on regional geological surveys
and the appended maps and other data shall be examined for acceptance in accordance with State regulations and then provided to relevant
departments for use.

   Article 24 In conducting a general survey of mineral resources, after completing survey of the major minerals, a preliminary comprehensive assessment
shall be made of the minerogenetic conditions involving all paragenetic or associated minerals and of the industrial perspective
of the mineral deposits in the area being surveyed.

   Article 25 In prospecting for mineral deposits, a comprehensive assessment of the paragenetic and associated minerals of commercial value within
the mining area must be made and their reserves calculated. Any prospecting report without such comprehensive assessment shall not
be approved. However, an exception shall be made of those mineral deposits for which the planning department under the State Council
has made other stipulations.

   Article 26 In conducting general surveys and prospecting for special fragile nonmetallic minerals, fluid minerals, combustible, explosive and
soluble minerals and minerals containing radioactive elements, methods prescribed by the relevant departments under the people’s
governments at or above the provincial level must be used, and necessary technical installations must be provided and safety measures
applied.

   Article 27 The original geological record, maps and other data of mineral exploration, rock cores, test samples, specimens of other material
objects, and various exploration marks shall be protected and preserved in accordance with relevant regulations.

   Article 28 Prospecting reports on mineral deposits and other valuable exploration data shall be provided for use with compensation in accordance
with the regulations of the State Council.

CHAPTER IV MINING OF MINERAL RESOURCES

   Article 29 In mining mineral resources, a mining enterprise must adopt rational mining sequence and methods and proper ore-dressing technique.
It shall see to it that the recovery rate and impoverishment rate in mining and recovery rate in ore-dressing meet the design requirements.

   Article 30 While mining major minerals, a mining enterprise shall, in accordance with a unified plan, carry out comprehensive mining and utilization
of paragenetic and associated minerals that are of industrial value, so as to avoid waste. It shall adopt effective protective measures
to avoid loss and damage to ores that cannot be mined in a comprehensive way or that must be mined simultaneously but cannot be comprehensively
utilized for the time being, and to tailings containing useful components.

   Article 31 In mining mineral resources, a mining enterprise or individual must abide by State regulations regarding labour, safety and health
and have the necessary conditions to ensure safety in production.

   Article 32 In mining mineral resources, a mining enterprise or individual must observe the legal provisions on environmental protection to prevent
pollution of the environment.

In mining mineral resources, a mining enterprise or individual must economize on the use of land. In case cultivated land, grassland
or forest land is damaged due to mining, the mining enterprise concerned shall take measures to utilize the land affected, such as
by reclamation, tree and grass planting, as appropriate to the local conditions.

Anyone who, in mining mineral resources, causes losses to the production and well-being of other persons shall be liable for compensation
and shall adopt necessary remedial measures.

   Article 33 Before the construction of railways, factories, reservoirs, oil pipelines, transmission lines and various large structures or architectural
complexes, the units responsible for the construction must obtain information from the departments in charge of geology and mineral
resources under the local people’s governments of provinces, autonomous regions, or municipalities directly under the Central government
about the geographical distribution and mining of the mineral resources in the areas where the construction projects are to be built.
Those projects shall not be constructed over important mineral deposits unless approved by departments authorized by the State Council.

   Article 34 Mineral products to be purchased exclusively by designated units, as prescribed by the State Council, may not be purchased by any
other units or individuals; mining enterprises and individuals shall not sell their products to non-designated units.

CHAPTER V COLLECTIVELY-OWNED MINING ENTERPRISES AND PRIVATELY-OWNED

   Article 35 The State applies the principles of vigorous support, rational planning, correct guidance and effective administration with regard
to collectively-owned mining enterprises and privately-owned mining undertakings. It encourages collectively-owned mining enterprises
to mine mineral resources within the areas designated by the State, and permits individuals to mine scattered and dispersed mineral
resources, as well as sand, stone and clay that can only be used as ordinary building materials, and small amounts of minerals for
their own use in daily life.

Mineral resources that are suited to mining by mining enterprises in terms of the quantity of reserves, specified minerals of which
protective mining is prescribed by the State, and other mineral resources of which mining by individuals is prohibited by the State
shall not be mined by individuals.

The State provides guidance and assistance to collectively-owned mining enterprises and privately-owned mining undertakings in unceasingly
raising their technical level and in increasing utilization rate of the mineral resources and the economic results.

Departments in charge of geology and mineral resources, geological units and State-owned mining enterprises shall, on the principles
of vigorous support and mutual benefit, provide, with compensation, geological data and technical services to collectively-owned
mining enterprises and privately-owned mining undertakings.

   Article 36 Existing collectively-owned mining enterprises, located within the mining area of a mining enterprise to be established with the
approval of the State Council or the relevant competent departments under the State Council, shall be closed down or shall conduct
mining in other designated areas. The unit that undertakes to open the mine shall give rational compensation to the said collectively-owned
mining enterprises and make appropriate arrangements for the masses involved. Or else, according to its overall arrangement, the
mining enterprise may also enter into joint operation with the said collectively-owned mining enterprises.

   Article 37 Collectively-owned mining enterprises and privately-owned mining undertakings shall raise their technical level and increase the
recovery rate of the mineral resources. Unauthorized and wasteful mining, which is destructive to mineral resources, shall be prohibited.

Collectively-owned mining enterprises must survey and draw maps showing the correlation between surface and underground workings.

   Article 38 People’s governments at or above the county level shall provide guidance and assistance to collectively-owned mining enterprises
and privately-owned mining undertakings in carrying out technological updating, improving business management and ensuring safety
in production.

   Article 39 If a person, in violation of the provisions of this Law, mines without a mining license, enters and mines without authorization in
a mining area that is embraced in State plan or a mining area that is of great value to the development of the national economy or
mines without authorization specified minerals of which protective mining is prescribed by the State, he shall be ordered to stop
mining, compensate for the losses caused, and his mineral products and unlawful proceeds shall be confiscated, and he may also be
fined. If he refuses to stop mining and thus causes damage to the mineral resources, the persons who are directly responsible shall
be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.

Any units or individuals who enter and mine in the mining areas of State-owned mining enterprises and other mining enterprises established
by others in accordance with law shall be punished in accordance with the provisions of the preceding paragraph.

   Article 40 If a person mines beyond the approved limits of his mining area, he shall be ordered to return to and mine in his own area and compensate
for the losses caused, and the mineral products extracted outside his area and his unlawful proceeds shall be confiscated, and he
may also be fined. If he refuses to return to his own mining area and causes damage to the mineral resources, his mining license
shall be revoked and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions
of Article 156 of the Criminal Law.

   Article 41 If a person steals or plunders mineral products or other property of mining enterprises or exploration units, damages mining or exploration
facilities, or disrupts order in production and other work in mining areas or areas under exploration, he shall be investigated for
criminal responsibility in accordance with relevant provisions of the Criminal Law; if the case is obviously minor, he shall be punished
in accordance with relevant provisions of the Regulations on Administrative Penalties for Public Security.

   Article 42 If a person purchases, sells or leases mineral resources or transfers them by other means, his unlawful proceeds shall be confiscated
and he shall be fined.

If a person, in violation of the provisions of Article 6 of this Law, profiteers in exploration right or mining right, his exploration
or mining license shall be revoked and his unlawful proceeds confiscated, and he shall be fined.

   Article 43 If a person, in violation of the provisions of this Law, purchases or sells mineral products which are to be purchased exclusively
by the State, such products and his unlawful proceeds shall be confiscated, and he may also be fined. If the case is serious, criminal
responsibility shall be investigated in accordance with the provisions of Articles 117 and 118 of the Criminal Law.

   Article 44 If a person, in violation of the provisions of this Law, mines mineral resources in a destructive way, he shall be fined and his
mining license may be revoked; if serious damage is caused to the mineral resources, the person who are directly responsible shall
be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.

   Article 45 The administrative penalties prescribed in Articles 39, 40 and 42 of this Law shall be meted out by the department in charge of geology
and mineral resources under the people’s government at or above the county level in accordance with the limits of authority stipulated
by the department in charge of geology and mineral resources under the State Council. The administrative penalties prescribed in
Article 43 shall be meted out by the administrative department for industry and commerce under the people’s government at or above
the county level. The administrative penalties prescribed in Article 44 shall be meted out by the department in charge of geology
and mineral resources under the people’s government of a province, autonomous region or municipality directly under the Central Government.
The punishment of revoking the exploration or mining license shall be decided by the department that issued such licenses.

If a department fails to impose administrative penalties that should be imposed in accordance with the provisions of Article 39, 40,
42 or 44, the department in charge of geology and mineral resources under the people’s government at a higher level shall have the
authority to order a correction of such failure or impose the relevant administrative penalties directly by itself.

   Article 46 If a party refuses to accept the decision on administrative penalty, it may, in accordance with law, apply for reconsideration or
file a suit with the People’s Court directly.

If a party, within the time limit neither applies for reconsideration nor files a suit with the People’s Court, or complies with the
decision on punishment, the department that made the decision shall request the People’s Court to enforce the decision.

   Article 47 State functionaries in charge of supervision and administration of exploration and mining of mineral resources or other relevant
State functionaries who commit malpractices for personal gain, abuse their power or neglect their duties, approve exploration and
mining of mineral resources or issue exploration or mining licenses, in violation of this Law, or does not stop illegal mining activities
and punish illegal miners, which constitutes a crime, shall be investigated for criminal responsibility; if their acts do not constitute
a crime, administrative penalties shall be given. The department in charge of geology and mineral resources under the people’s government
at a higher level shall have the authority to revoke the exploration and mining licenses illegally issued.

   Article 48 If anyone resorts to violence or intimidation when obstructing State functionaries engaged in supervision and administration of exploration
and mining of mineral resources from performing their duties according to law, he shall be investigated for criminal responsibility
in accordance with the provisions of Article 157 of the Criminal Law. If he does not resort to violence or intimidation when obstructing
State functionaries engaged in supervision and administration of exploration and mining of mineral resources from performing their
duties according to law, he shall be punished in accordance with relevant provisions of the Regulations on Administrative Penalties
for Public Security.

   Article 49 Disputes over the limits of mining areas between mining enterprises shall be settled by the parties involved through consultation;
if consultation fails, the relevant local people’s government at or above the county level shall handle the matter on the basis of
the limits that are verified and fixed according to law. Disputes over the limits of mining areas that straddle provinces, autonomous
regions, or municipalities directly under the Central Government shall be settled by the people’s governments of the relevant provinces,
autonomous regions or municipalities directly under the Central Government through consultation. If consultation fails, the disputes
shall be settled by the State Council.

CHAPTER VII SUPPLEMENTARY PROVISIONS

   Article 50 Where laws or administrative rules and regulations provide otherwise on foreign-funded exploration and mining of mineral resources,
such provisions shall prevail.

   Article 51 Before this Law goes into effect, anyone who mined mineral resources without going through approval procedures, without having the
mining area delimited and without obtaining a mining license shall apply for completion of the formalities in accordance with relevant
provisions of this Law.

   Article 52 Specific rules for the implementation of this Law shall be formulated by the State Council.

    





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

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



(May 15, 1996)

    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.





PROVISIONS OF THE STATE COUNCIL FOR FURTHER MAKING PERFECT ECONOMIC POLICY ON CULTURE

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-09-05 Effective Date  1996-09-05  


Provisions of the State Council for Further Making Perfect Economic Policy on Culture



(September 5, 1996)

    With a view to effectively strengthening the construction of socialist
spiritual civilization, facilitating the healthy development of cultural
undertakings, the State Council has decided to further make perfect economic
policy on culture so that while the state finance strengthens the investment
into cultural undertakings, other funding channels could be broadened and a
fund solicitation system with multi-funding channels which conforms with the
requirements of the socialist market economy could be erected step by step.

    1. Levy of Cultural Undertaking Construction Fees

    To lead and control the development of cultural undertakings, the state
shall from the date of January 1, 1996 and onward, levy cultural undertaking
construction fees nationwide except for localities where such fees have
already been collected:

    (1) An amount of three percent of business income shall be levied as
cultural undertaking construction fees upon all profit-making song halls,
ballrooms, Karaoke rooms, music-and-tea rooms, and recreational places of
golf, billiards or bowling.

    An amount of three percent of business profit shall be levied as cultural
undertaking construction fees upon all broadcasts, TV stations, newspapers,
journals, other advertisement-service-inclusive units and units that run
business of open place advertisement.

    (2) Cultural undertaking construction fees shall be collected by local tax
organs simultaneously with business tax levied on entertainment and
advertisement services. Payment of cultural undertaking construction fees by
units attached to the central government or state organs shall, after being
collected by local tax organs, all be turned over to the central state
treasury. Payment of cultural undertaking construction fees by localities
shall all be turned over to provincial state treasuries.

    (3) Cultural undertaking construction fees shall be subjected to financial
budget management. Specialized funds at both central and provincial levels
shall be set up, which should have their funds used in the construction of
cultural undertakings. Detailed procedures governing the management and
application of cultural undertaking construction fees shall be drafted by the
financial department in cooperation with other relevant administrative
departments.

    2. Contributions to Cultural Undertakings Shall Be Encouraged

    To encourage the financial support of social forces to cultural
undertakings, the following donations to cultural institutions by a taxpayer
through the administrative department in charge of culture or through
non-profit-making charity institutions established after authorization may,
subject to the examination of the competent tax organ, be deducted up to three
percent of annual taxable income when the taxpayer computes his taxable income.

    (1) donations to key state symphony orchestras, ballet troupes, opera
troupes or Beijing opera troupes and other theatres performing national arts;

    (2) donations to public welfare institutions such as libraries, museums,
science and technology centres, art galleries, revolutionary history
celebration halls;

    (3) donations to major culture relics preservation units.

    3. Financial and Tax Preferential Policies Shall Be Continuously Adopted

    With the economic development and revenue increase, investment in cultural
undertakings shall be enlarged step by step. Preferential financial and tax
policies shall continue.

    (1) During the Ninth-Five-Year period, the value-added tax imposed upon
publications of the seven categories described in the Provisions on continuing
Preferential Policy on Finance and Taxation for Propaganda and Cultural Units,
which was promulgated by the Financial Ministry and the State Tax
Administration through Financial and Tax document No.089 in 1994, and upon
publications sold by Xinhua bookstores at county level and below, and by rural
supply and marketing cooperatives shall continue to be subject to the
procedure of “collection first and refunding later”. Film studios established
after authorization by the State Council shall have their sales income of film
copies exempted from levy of value-added tax. Central and provincial financial
departments shall continue to approve the expense budget of propaganda and
cultural enterprises according to their actual payment of income tax in the
preceding year, and shall establish special funds for propaganda and culture
development. Central and provincial financial departments, shall, when making
a budget, continue to allocate part of the budget as special money for the
funds for propaganda and culture development.

    Where the finance and taxation preferential policy is terminated due to
readjustment of tax system, financial departments at different levels shall,
through budget arrangement, solve consequent fund problems of propaganda and
culture units.

    (2) Financial aid to the “Border Cultural Corridor of Ten Thousand Li”
shall be raised properly. Certain amount of minority nationality undertakings
funds and border construction funds shall be allocated for support to cultural
undertakings construction of remote border areas and minority nationality
areas.

    4. Establishment and Improvement of Specialized Fund System

    To promote the development of propaganda and cultural undertakings,
strengthen the competence of control, ensuringly satisfy major demands and
standardize the management of funds, the central and provincial governments
shall establish a sound specialized fund system.

    Sources of the specialized funds include financial budget or
extra-budgetary funds such as fees collected according to the relevant state
regulations. The financial department shall make proper budgetary arrangement
for the specialized funds. Other relevant departments shall collect
extra-budgetary funds strictly according to corresponding regulations.
Presently, focus of the work shall be placed on improvement of the following
funds: Specialized funds for Propaganda and Culture Development, Specialized
Funds for Composition and Performance of Excellent Operas and Programmes,
National Specialized Funds for Development of Film Undertakings, Specialized
Funds for Development of Publishing Undertakings.

    Specialized funds are part of financial resources, and shall be subject to
the relevant financial regulations and placed under a more sound system and
strengthened management. Specialized funds shall be specially used and
subjected to the supervision and check of financial and auditing departments.





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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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