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2002

CRIMINAL PROCEDURE LAW

Category  LITIGATION Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1996-03-17 Effective Date  1997-01-01  


Criminal Procedure Law of the People’s Republic of China [1996]

Contents
Chapter I  Aim and Basic Principles
Chapter II  Jurisdiction
Chapter III  Withdrawal
Chapter IV  Defense and Procuration
Chapter V  Evidence
Chapter VI  Compulsory Measures
Chapter VII  Incidental Civil Actions
Chapter VIII  Time Periods and Service
Chapter IX  Other Provisions
Chapter I  Filing a Case
Chapter II  Investigation
Chapter III  Initiation of Public Prosecution
Chapter I  Trial Organizations
Chapter II  Procedure of First Instance
Chapter III  Procedure of Second Instance
Chapter IV  Procedure for Review of Death Sentences
Chapter V  Procedure for Trial Supervision
Supplementary Provisions

(Adopted at the Second Session of the Fifth National People’s Congress on

July 1, 1979, revised in accordance with the Decision on Amendments of the
Criminal Procedure Law of the People’s Republic of China adopted at the
Fourth Session of the Eighth National People’s Congress on March 17, 1996)
Contents

  Part One  General Provisions

    Chapter I     Aim and Basic Principles

    Chapter II    Jurisdiction

    Chapter III   Withdrawal

    Chapter IV    Defense and Procuration

    Chapter V     Evidence

    Chapter VI    Compulsory Measures

    Chapter VII   Incidental Civil Actions

    Chapter VIII  Time Periods and Service

    Chapter IX    Other Provisions

  Part Two  Filing a Case, Investigation and Initiation of Public Prosecution

    Chapter I     Filing a Case

    Chapter II    Investigation

      Section 1  General Provisions

      Section 2  Interrogation of the Criminal Suspect

      Section 3  Questioning of the Witnesses

      Section 4  Inquest and Examination

      Section 5  Search

      Section 6  Seizure of Material Evidence and Documentary Evidence

      Section 7  Expert Evaluation

      Section 8  Wanted Orders

      Section 9  Conclusion of Investigation

      Section 10 Investigation of Cases Directly Accepted by People’s

                 Procuratorates

    Chapter III   Initiation of Public Prosecution

  Part Three  Trial

    Chapter I     Trial Organizations

    Chapter II    Procedure of First Instance

      Section 1  Cases of Public Prosecution

      Section 2  Cases of Private Prosecution

      Section 3  Summary Procedure

    Chapter III   Procedure of Second Instance

    Chapter IV    Procedure for Review of Death Sentences

    Chapter V     Procedure for Trial Supervision

  Part Four  Execution

  Supplementary Provisions

    Part One  General Provisions
Chapter I  Aim and Basic Principles

    Article 1  This Law is enacted in accordance with the Constitution to
guarantee the correct implementation of the Criminal Law, punish crimes,
protect the people, ensure the national security and social public security
and maintain the social order of the socialist society.

    Article 2  The Criminal Procedure Law makes it the objective to ensure
the accurate and timely ascertainment through investigation of the criminal
facts, the proper application of the law and punishments of criminals, to
protect innocent people from undergoing criminal prosecution, to educate
citizens to observe law voluntarily and take an active part in the struggle
against criminal acts, to uphold the socialist legal system, to protect the
personal rights, property rights, democratic rights and other rights of
citizens, and to ensure the smooth progress of socialist construction.

    Article 3  The public security organs are responsible for investigation,
detention, execution of arrests and preliminary examination. The people’s
procuratorates are responsible for conducting procuratorial work, approving
arrests, investigating cases directly accepted by the procuratorates and
initiating public prosecutions. The people’s courts are responsible for
adjudication. Any other organs, organizations and individuals have no right
to exercise such power, unless otherwise provided by law.

    In conducting criminal proceedings, the people’s courts, the people’s
procuratorates and the public security organs must strictly observe this Law
and any relevant stipulations of other laws.

    Article 4  The state security organs shall, according to the stipulations
of the law, handle criminal cases endangering the state security and
exercise the functions and power identical with those of the public security
organs.

    Article 5  The people’s courts shall, according to the stipulations of the
law, exercise independently judicial power and the people’s procuratorates
shall, according to the stipulations of the law, exercise independently
procuratorial power, both of which shall be free of any interference by
administrative organs, social organizations and individuals.

    Article 6  In conducting criminal proceedings, the people’s courts, the
people’s procuratorates and the public security organs must rely on the
masses, base themselves on facts and take the law as the criterion. The law
applies equally to all citizens and no privilege whatsoever is permissible
before the law.

    Article 7  In conducting criminal proceedings, the people’s courts, the
people’s procuratorates and the public security organs shall divide the
responsibilities, coordinate their efforts and check each other to ensure the
correct and effective enforcement of the law.

    Article 8  The people’s procuratorates shall, according to law, exercise
legal supervision over criminal lawsuits.

    Article 9  Citizens of all nationalities shall have the right to use
their native spoken and written languages in court proceedings. The people’s
courts, the people’s procuratorates and the public security organs shall
provide interpretations or translations for any party to the court proceedings
who is not familiar with the spoken or written language commonly used in the
locality.

    Where people of a minority nationality live in a concentrated community
or where a number of nationalities live together in one area, court hearings
shall be conducted in the spoken language commonly used in the locality, and
judgments, notices and other documents shall be issued in the written
language commonly used in the locality.

    Article 10  In trying cases, the people’s courts shall apply the system
whereby the second instance is final.

    Article 11  Cases in the people’s courts shall be heard in public, unless
otherwise provided by this Law. The accused shall have the right to defense,
and the people’s courts shall have the duty to guarantee his/her defense.

    Article 12  No person shall be held guilty in absence of a judgment
rendered by the people’s court according to law.

    Article 13  In trying cases, the people’s courts shall apply the system
of people’s assessors taking part in trials in accordance with this Law.

    Article 14  The people’s courts, the people’s procuratorates and the
public security organs shall safeguard the procedural rights to which
participants in proceedings are enpost_titled according to law.

    In cases where a minor under the age of 18 commits a crime, the legal
representative of the criminal suspect or the accused may be notified to be
present at the time of interrogation and trial.

    Participants in proceedings shall have the right to file charges against
judicial, procuratorial and investigatory personnel whose acts infringe on
their citizens’ procedural rights or subject their persons to indignities.

    Article 15  Subject to one of the following instances, no criminal
responsibility shall be investigated, and if investigation has been
undertaken, the case shall be dismissed, or prosecution shall not be
initiated, or the hearing shall be terminated, or innocence shall be
declared:

    (1) If an act is obviously of minor importance, causing no serious harm,
and is therefore not deemed a crime;

    (2) If the limitation period for criminal prosecution has expired;

    (3) If an exemption of criminal punishment has been granted in a special
amnesty decree;

    (4) If the crime is to be handled only upon complaint according to the
Criminal Law, but there has been no complaint or the complaint has been
withdrawn;

    (5) If the criminal suspect or the accused is deceased; or

    (6) Other instances for which laws provide an exemption from
investigation of criminal responsibility.

    Article 16  Provisions of this Law shall apply to foreigners who commit
crimes for which criminal responsibility should be investigated.

    If foreigners with diplomatic privileges and immunities commit crimes for
which criminal responsibility should be investigated, those cases shall be
resolved through diplomatic channels.

    Article 17  The judicial organs of the country and their counterparts of
foreign countries may mutually request judicial assistance in criminal cases,
in accordance with the international treaties concluded or acceded to by the
People’s Republic of China, or according to reciprocal principle.
Chapter II  Jurisdiction

    Article 18  Public security organs shall conduct investigations into
criminal cases unless otherwise stipulated by law.

    People’s procuratorates shall file cases and conduct investigations into
crimes regarding corruption, crimes regarding dereliction of duty committed
by public employees of the state, crimes regarding infringement on the
personal rights of, and on the democratic rights of, citizens committed by
staff personnel of state organizations by abusing their authority in respect
of illegal detention, extortion by torture of confession, retaliation and
false charges, and illegal rummage. Other cases involving serious crimes
committed by staff personnel of state organizations by abusing their
authority, may be filed with and investigated by people’s procuratorates,
subject to the decision made by the people’s procuratorate at provincial
level or above, when the people’s procuratorate concerned is required to
directly accept the case.

    Cases of private prosecution shall be accepted directly by the people’s
courts.

    Article 19  The basic people’s courts shall have jurisdiction as courts
of first instance over ordinary criminal cases; however, those cases which
fall under the jurisdiction of the people’s courts at higher levels as
stipulated by this Law shall be exceptions.

    Article 20  The intermediate people’s courts shall have jurisdiction as
courts of first instance over the following criminal cases:

    (1) Counter-revolutionary cases and cases endangering the national
security;

    (2) Ordinary criminal cases possibly resulting in a judgment of life
imprisonment or death penalty; and

    (3) Criminal cases involving crimes committed by foreigners.

    Article 21  The higher people’s courts shall have jurisdiction as courts
of first instance over major criminal cases that pertain to an entire
province (or municipality directly under the Central Government, or
autonomous region).

    Article 22  The Supreme People’s Court shall have jurisdiction as the
court of first instance over major criminal cases that pertain to the whole
nation.

    Article 23  When necessary, people’s courts at higher levels may try
criminal cases over which people’s courts at lower levels have jurisdiction
as courts of first instance. If a people’s court at a lower level considers
the circumstances of a criminal case in the first instance to be major or
complex and to necessitate a trial by a people’s court at a higher level, it
may request that the case be transferred to the people’s court at the next
higher level for trial.

    Article 24  A criminal case shall be under the jurisdiction of the
people’s court in the place where the crime was committed. If it is more
appropriate for the case to be tried by the people’s court in the place where
the accused resides, then that court may have jurisdiction over the case.

    Article 25  When two or more people’s courts at the same level have
jurisdiction over a case, it shall be tried by the people’s court that first
accepted it. When necessary the case may be transferred for trial to the
people’s court in the principal place where the crime was committed.

    Article 26  A people’s court at a higher level may instruct a people’s
court at a lower level to try a case over which jurisdiction is unclear and
may also instruct a people’s court at a lower level to transfer the case to
another people’s court for trial.

    Article 27  The jurisdiction over cases in special people’s courts shall
be stipulated separately.
Chapter III  Withdrawal

    Article 28  In any of the following situations, a member of the judicial,
procuratorial or investigatory personnel shall voluntarily withdraw, and the
parties to the case and their legal representatives shall have the right to
demand his withdrawal:

    (1) If he/she is a party or a near relative of a party to the case;

    (2) If he/she or a near relative of his/her has an interest in the case;

    (3) If he/she has served as a witness, expert witness or defender in the
current case or has represented a party in an incidental civil action; or

    (4) If he/she has any other relations with a party to the case that could
affect the impartial handling of the case.

    Article 29  Judicial, procuratorial and investigatory personnel shall not
be allowed to accept invitation to entertainment or gifts by the party and
the persons entrusted by him/her, or shall not be allowed to meet, in
violation of stipulations, the party and the persons entrusted by him/her.

    Judicial personnel, procuratorial personnel and investigatory personnel
who have violated the provisions in the preceding paragraph, shall according
to law be investigated into the legal responsibility. The party and his/her
legal representative have the right to apply for the withdrawal of the
personnel concerned.

    Article 30  The withdrawal of judicial, procuratorial and investigatory
personnel shall be determined respectively by the president of the court, the
chief procurator, and the head of a public security organ; the withdrawal of
the president of the court shall be determined by the court’s judicial
committee; and the withdrawal of the chief procurator or the head of a public
security organ shall be determined by the procuratorial committee of the
people’s procuratorate at the corresponding level.

    A member of the investigatory personnel may not suspend investigation of
a case before a decision is made on his/her withdrawal.

    In response to the decision on rejection of a party’s application for
withdrawal, the party and his/her legal representative may apply for a final
reconsideration.

    Article 31  The provisions of Articles 28, 29 and 30 of this Law shall
also apply to court clerks, interpreters and expert witnesses.
Chapter IV  Defense and Procuration

    Article 32  In addition to the exercise by himself/herself of the right to
defense, the criminal suspect or the accused may entrust one or two persons
as his/her defenders, and following persons may be entrusted to be defenders:

    (1) Lawyers;

    (2) Persons recommended by a people’s organization or the unit by which
the criminal suspect or the accused is employed; and

    (3) Guardians, relatives and friends of the criminal suspect or the
accused.

     The persons undergoing criminal punishments or being deprived of or
restrained from personal liberty according to law shall not act as defenders.

    Article 33  The right of a criminal suspect to entrust defenders in
public prosecution accrues on the day when the case is submitted for
examination and prosecution. The accused in a private prosecution has the
right to entrust defenders at any time.

    The people’s procuratorate shall, within three days from the day of
receiving the file of the case submitted for examination and prosecution,
inform the criminal suspect of the right to entrust defenders. The people’s
court shall, within three days from the day of accepting the private
prosecution, inform the accused of the right to entrust defenders.

    Article 34  In case a public prosecutor appears in court to conduct a
public prosecution while the accused has not entrusted his/her defenders on
account of economic difficulty or for other reasons, the people’s court may
designate a lawyer duty-bound to provide legal assistance to defend him/her.

    In case the accused who is blind, deaf or mute or who is a minor, does
not entrust a defender, the people’s court shall designate a lawyer
duty-bound to provide legal assistance to defend him/her.

    In case the accused who may possibly be sentenced to death penalty
does not entrust a defender, the people’s court shall designate a lawyer
duty-bound to provide legal assistance to defend him/her.

    Article 35  The responsibility of a defender shall be to present,
according to the facts and the law, materials and opinions proving the
innocence of the criminal suspect or the accused, the pettiness of his/her
crime and the need for a mitigated punishment or exemption from criminal
responsibility, thus safeguarding the lawful rights and interests of the
criminal suspect or the accused.

    Article 36  The defense lawyer may, from the day of the examination by
the people’s procuratorate of the prosecution case, consult, make extracts
from and reproduce the litigation documents, documents of technical
examination, and may meet and correspond with the criminal suspect in custody.
Other defenders with the permission of the people’s procuratorate may consult,
make extracts from and reproduce the afore-said file documents, and may meet
and correspond with the criminal suspect in custody.

    The defense lawyer may, from the day of accepting the case by the people’s
court, consult, make extracts from and reproduce the file documents on
criminal facts accused of, and may meet and correspond with the accused in
custody. Other defenders with the permission of the people’s court may
consult, make extracts from and reproduce the afore-said file documents, and
meet and correspond with the accused in custody.

    Article 37  The defense lawyer may, with the consent of the witnesses
or other relevant units and individuals, acquire information related to the
case from them, or may apply to the people’s procuratorate, or the people’s
court for collecting or obtaining by order the evidence, or apply to the
people’s court for notifying witnesses to testify in the court.

    The defense lawyer, with the permission of the people’s procuratorate or
people’s court, may with the consent of the victim, his/her near relatives
or the witnesses provided by the victim, acquire information related to the
case from them.

    Article 38  The defense lawyer and other defenders shall not assist
the criminal suspects or the accused to conceal, destroy, frame up evidence
or act to collude with each other’s confessions, and shall not threaten,
entice witnesses to make alterations in testimony or give false testimony, and
shall not commit any acts which may cause interference in prosecution
activities conducted by judicial organs.

    Legal responsibility shall be investigated into for violating the
provisions of the preceding paragraph.

    Article 39  During a trial, the accused may refuse to have his/her
defender continue to defend him/her and may entrust his/her defense to
another defender.

    Article 40  The victim and his/her legal representative or near relatives
in public prosecution, the parties and their legal representatives in an
incidental civil action, have the right to entrust agents ad litem from the
day when the case is submitted for examination and prosecution. The
prosecutor and his/her legal representative in private prosecution, the
parties and their legal representatives in an incidental civil action have
the right to entrust agents ad litem at any time.

    The people’s procuratorates shall, within three days from the day of
receiving the file of the case submitted for examination and prosecution,
inform the victim and his/her legal representative or near relatives, the
parties and their legal representatives in an incidental civil action of the
right to entrust agents ad litem. The people’s courts shall, within three
days from the day of accepting a private prosecution, inform the prosecutor
and his/her legal representative, the parties and their legal representatives
in an incidental civil action of the right to entrust agents ad litem.

    Article 41  Agents ad litem shall be entrusted by reference to the
stipulations of Article 32 of this Law.
Chapter V  Evidence

    Article 42  All facts that prove the true circumstances of a case shall
be evidence.

    There shall be the following six categories of evidences:

    (1) material evidence and documentary evidence;

    (2) testimony of witnesses;

    (3) statements of victims;

    (4) statements and exculpation of criminal suspects or the accused;

    (5) expert conclusions;

    (6) records of inquests and examination; and

    (7) video and audio materials.

    Any of the above evidence must be verified before it can be used as the
basis for deciding cases.

    Article 43  Judicial, procuratorial and investigatory personnel must, in
accordance with the legally prescribed process, collect various kinds of
evidence that can prove the guilt or innocence of the criminal suspect or the
accused and the gravity of his/her crime. It shall be strictly forbidden to
extort confessions by torture and to collect evidence by threat, enticement,
deceit or other unlawful means. Conditions must be guaranteed for all
citizens who are involved in a case or who have information about the
circumstances of a case to objectively and fully furnish evidence and, except
in special circumstances, they may be brought in to help the investigation.

    Article 44  The public security organ’s request for approval of arrest,
the people’s procuratorate’s bills of prosecution and the people’s court’s
written judgments must be faithful to the facts. The responsibility of anyone
who intentionally conceals the facts shall be investigated.

    Article 45  The people’s courts, the people’s procuratorates and the
public security organs are empowered to collect, obtain by order evidence
from relevant units and individuals. The relevant units and individuals shall
furnish the true evidence.

    Evidence involving state secrets shall be kept confidential.

    Anyone that falsifies, conceals or destroys evidence, regardless of which
side of a case he/she belongs to, must be investigated under the law.

    Article 46  In the decision of all cases, stress shall be laid on
evidence, investigation and study; credence shall not be readily given to
oral statements. The accused cannot be found guilty and sentenced to a
criminal punishment if there is only his/her statement but no evidence; the
accused may be found guilty and sentenced to a criminal punishment if
evidence is sufficient and reliable, even without his/her statement.

    Article 47  The testimony of a witness may be used as a basis in deciding
a case only after the witness has been questioned and cross-examined in the
courtroom by both sides, that is, the public prosecutor and victim as well as
the accused and defenders, and after the testimonies of the witnesses on
all sides have been heard and verified. If a court discovers through
investigation that a witness has intentionally given false testimony or
concealed criminal evidence, it shall handle the matter in accordance with
the law.

    Article 48  All those who have information about a case shall have the
duty to testify.

    Physically or mentally handicapped persons or minors who cannot
distinguish right from wrong or cannot properly express themselves shall not
be qualified as witnesses.

    Article 49  The people’s courts, people’s procuratorates and public
security organs shall guarantee the safety of witnesses and their near
relatives.

    Criminal responsibility shall be investigated according to law for
menace, humiliation, beating, retaliation done to witnesses and their near
relatives in case of a crime established; and if the seriousness is not
enough for criminal punishments, an administrative penalty for public
security shall be imposed according to law.
Chapter VI  Compulsory Measures

    Article 50  The people’s courts, the people’s procuratorates and the
public security organs may, according to the circumstances of a case, summon
by warrant the criminal suspect or the accused, or order him/her to be bailed
out for summons or reside under surveillance.

    Article 51  The people’s courts, people’s procuratorates and public
security organs may allow a criminal suspect or the accused to be bailed out
for summons or reside under surveillance, who is subjected to one of the
following conditions:

    (1) Being possibly sentenced to surveillance, criminal detention or
incidental punishment independently applicable; or

    (2) Being possibly sentenced to a punishment not less than fixed-term
imprisonment, but allowing him/her to be out on bail or reside under
surveillance may not possibly cause danger to the society.

    Bail out for summons and reside under surveillance

CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON SOME ISSUES CONCERNING FOREIGN EXCHANGE MARKET AFTER ENTERPRISES WITH FOREIGN INVESTMENT IMPLEMENTED BANKING FOREIGN EXCHANGE SETTLEMENT AND SALE

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange on Some Issues Concerning Foreign Exchange Market After Enterprises with
Foreign Investment Implemented Banking Foreign Exchange Settlement and Sale

HuiGuoHanZi [1996] No.183

June 28, 1996

Branches of the State Administration of Foreign Exchange (SAFE) in all provinces, autonomous regions, municipalities directly under
the Central Government, municipalities separately listed on the State plan and special economic zones, and the head offices of all
designated Chinese-capital foreign exchange banks, and Foreign Exchange Transaction Center of China:

In order to ensure the smooth operation of the settlement and sale of foreign exchange of enterprises with foreign investment with
the banks, we hereby make some rules concerning foreign exchange market as follows:

1.

The issues concerning the foreign exchange swap business:

(1)

Enterprises with foreign investment can buy or sell foreign exchange through the designated foreign exchange banks or through local
foreign exchange swap centers. All levels of foreign exchange swap centers can continue to conduct foreign exchange transactions
for the enterprises with foreign investment.

(2)

All levels of foreign exchange swap centers or the financial institutions as the members of China Foreign Exchange Trading System
(including branches) that adopts membership system, must check the valid documents and commercial invoices in strict accordance with
the Provisions on Administration of Settlement, Sale of and Payment in Foreign Exchange (Yinfa [1996] No.210 of the People’s Bank
of China) (hereinafter referred to as Provisions). The details are as follows:

a.

For the foreign exchange sale application, it should be differentiated between the foreign exchange settlement account and the foreign
exchange special account first. As for the foreign exchange special account, it should be conducted with the approval of the SAFE.

b.

For the foreign exchange purchase application, it should be conducted according to the following rules:

For the current account foreign exchange demand, the enterprises should hold corresponding valid documents and commercial invoices
respectively according to Article 13 , 14, 15, 16, 18, 21, and 22 of the Regulations. The foreign exchange swap centers or entrusted
financial institutions shall transfer the foreign exchange to the enterprises’ foreign exchange settlement account. But it should
be conducted within 7 working days, and be subject to the foreign exchange settlement account balance limit.

For the capital account foreign exchange demand, the enterprises should hold corresponding documents and approval of the SAFE respectively
according to Article 29 , 30, 31, of the Regulations. The foreign exchange swap centers or entrusted financial institutions shall
transfer the foreign exchange to the enterprises’ foreign exchange special account.

c.

When the swap centers or entrusted financial institutions conduct foreign exchange transactions, they should indicate the trade volume
and date on the original valid documents submitted by the enterprises and stamp, and keep the copy of the valid documents and commercial
invoices for further check. The original valid documents and commercial invoices should be kept by the financial institutions that
conduct foreign exchange transactions for the enterprises.

2.

The settlement time of the foreign exchange market

The settlement time of foreign exchange transactions on the national inter-bank foreign exchange market adopts the T+1 matter. According
to international standard, the settlement time of the settlement and sale of foreign exchange with the designated foreign exchange
banks also adopts the T+1 matter, which is uniform with the inter-bank foreign exchange market.

3.

The band of the inter-bank foreign exchange market and the bank quoted rate

The People’s Bank of China shall continue to announce the daily middle exchange rate for the Renminbi against the U.S. dollar, the
Hong Kong Dollar, and the Japanese yen that is the trading currency on the inter-bank foreign exchange market.

(1)

The movement of the exchange rate of the Renminbi against the U.S. dollar in the inter-bank foreign exchange market is limited to
0.3% on either side of the middle exchange rate as announced by the PBC. The buying and selling rates of the Renminbi against the
Hong Kong dollar and the Japanese yen may not deviate more than 1% from the reference rate.

(2)

When the designated foreign exchange banks formulate the quoted exchange rate of the Renminbi against the U.S. dollar, the buying
and selling rates could not exceed 0.15% of the reference rate announced by the PBC. The deviation of their quoted buying and selling
rate of Renminbi against the Hong Kong dollar and the Japanese yen must not exceed 1% of the reference rate. Otherwise, it must be
reported to the SAFE timely for record. The margin between the buying and selling rate of other currencies may not exceed 0.5%. The
selling price for cash transactions is the same as the spot selling rate for all quoted currencies, and the buying price for cash
should not exceed 2.5% of its spot rate. All levels of SAFE must strengthen the supervision on the bank quoted rates according to
the above band.

4.

The circular shall entr into force as of the issuing date.



 
The State Administration of Foreign Exchange
1996-06-28

 






DECISION OF THE NATIONAL PEOPLE’S CONGRESS ON VESTING THE PEOPLE’S CONGRESSES AND THEIR STANDING COMMITTEES AND THE PEOPLE’S GOVERNMENTS OF SHANTOU CITY AND ZHUHAI CITY THE POWER TO MAKE REGULATIONS AND RULES RESPECTIVELY FOR IMPLEMENTATION WITHIN THEIR SPECIAL ECONOMIC ZONES

Category  SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1996-03-17 Effective Date  1996-03-17  


Decision of the National People’s Congress on Vesting the People’s Congresses and Their Standing Committees and the People’s Governments
of Shantou City and Zhuhai City the Power to Make Regulations and Rules Respectively for Implementation Within Their Special Economic
Zones

(Adopted at the Fourth Session of the Eighth National People’s Congress on

March 17, 1996)

    The Fourth Session of the Eighth National People’s Congress hereby decides
that the people’s congresses and their standing committees of Shantou City and
Zhuhai City be vested with the power to, in light of the individual
circumstances and practical needs of their special economic zones and in
accordance with stipulations of the Constitution and the basic principles of
the laws and regulations, make regulations which are to be implemented within
the respective special economic zones of Shantou City and Zhuhai City and
submitted to the Standing Committee of the National People’s Congress, the
State Council and the Standing Committee of the People’s Congress of Guangdong
Province for the record; that the people’s governments of Shantou City and
Zhuhai City be vested with the power to make rules for implementation within
the special economic zones of Shantou City and Zhuhai City respectively.





LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON ADMINISTRATIVE PUNISHMENTS

The National People’s Congress

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

No.63

The Law of the People’s Republic of China on Administrative Punishments, adopted at the Fourth Session of the Eighth National People’s
Congress on March 17, 1996, is promulgated now, and shall enter into force as of October 17, 1996

President of the People’s Republic of China: Jiang Zemin

March 17, 1996

Law of the People’s Republic of China on Administrative Punishments ContentsChapter I General Provisions

Chapter II Classification and Establishment of Administrative Punishments

Chapter III Organs for Implementing Administrative Punishments

Chapter IV Jurisdiction and Application of Administrative Punishments

Chapter V Decision on Administrative Punishments

Section 1 Summary Procedure

Section 2 General Procedure

Section 3 Hearing Procedure

Chapter VI Execution of Administrative Punishments

Chapter VII Legal Responsibility

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is enacted in pursuance of the Constitution to regulate the establishment and implementation of administrative punishments,
to ensure and supervise the effective exercise of administration by the administrative organs, to safeguard public interests and
social order, to protect lawful rights and interests of the citizens, legal persons or other organizations.

Article 2

This Law applies to the establishment and implementation of administrative punishments.

Article 3

Administrative punishments which shall be imposed on citizens, legal persons or other organizations for the acts committed in violation
of administrative order shall be stipulated by laws, regulations or rules in accordance with this law, and shall be implemented by
administrative organs in accordance with the procedure stipulated by this Law.

Administrative punishments shall be null and void, if they are inflicted without legal basis or without the observation of the legal
procedure.

Article 4

Administrative punishments shall abide by the principles of being fair and just and open to the public.

The establishment and implementation of administrative punishments must take facts as the base and correspond to the facts, nature
and seriousness of the illegal acts as well as to the extent of the harm thereby caused to the society.

Stipulations on imposing administrative punishments for illegal acts must be promulgated and if not, shall not serve as the legal
basis for administrative punishments.

Article 5

Implementing administrative punishments and checking illegal acts shall adhere to the combination of punishments and education, in
order to educate citizens, legal persons or other organizations to observe the law of their own accord.

Article 6

Citizens, legal persons or other organizations have the right to state their cases and defend themselves in respect of the administrative
punishments imposed on them , and if they refuse to accept the administrative punishments, shall have the right, according to law,
to apply for administrative reconsideration or institute an administrative law suit.

Citizens, legal persons or other organizations who have sustained damage on account of administrative punishments imposed on them
in violation of law, have the right to lodge their claims.

Article 7

Citizens, legal persons or other organizations, being imposed on administrative punishments for illegal acts, who have thereby caused
damage to other people, shall bear civil responsibility according to law.

In case illegal act has constituted a crime, criminal responsibility shall be investigated according to law, and criminal punishment
shall not be substituted by administrative punishments.

Chapter II Classification and Establishment of Administrative Punishments

Article 8

Classification of Administrative Punishments:

(1)

Warning;

(2)

Fine;

(3)

Forfeiture of illegal earnings, forfeiture of illegal property;

(4)

Order to stop production and business;

(5)

Suspension or withdrawal of permits, suspension or withdrawal of licenses;

(6)

Administrative detention; and

(7)

Other administrative punishments as stipulated by law or administrative regulations.

Article 9

Various administrative punishments can be established by law.

Administrative punishment which restrains personal liberty can only be established by law.

Article 10

Administrative regulations can establish whatever administrative punishments except those restraining personal liberty.

Where stipulations are already formulated by law on administrative punishments for illegal acts, specific stipulations to be formulated
by administrative regulations must come within the scope of acts, classification and extent stipulated by law for imposing administrative
punishments.

Article 11

Local regulations can establish administrative punishments except those restraining personal liberty and withdrawing enterprises’
business licenses.

Where stipulations are already formulated by law or administrative regulations on administrative punishments for illegal acts, specific
stipulations to be formulated by local regulations must come within the scope of acts, classification and extent stipulated by law
or administrative regulations on imposing administrative punishments.

Article 12

Rules formulated by Ministries and Commissions under the State Council may incorporate specific stipulations on administrative punishments
within the scope of acts, classification and extent stipulated by law or administrative regulations.

Where law and administrative regulations have not been formulated, the rules formulated by the Ministries and Commissions under the
State Council referred to in the preceding paragraph, may establish administrative punishments as warning and fine for acts violating
administrative order. And the limits of fines shall be stipulated by the State Council.

The State Council may authorize the organs directly under the State Council charged with the right to inflict administrative punishments
to stipulate administrative punishments in accordance with the stipulations of the preceding paragraphs 1 and 2 of this Article.

Article 13

Rules formulated by the people’s governments of provinces, autonomous regions and municipalities directly under the central government,
the people’s governments of the cities where the people’s governments of provinces and autonomous regions are seated, and the people’s
governments of large cities approved by the State Council, can incorporate specific stipulations on administrative punishments within
the scope of acts, classification and extent stipulated by law or regulations.

Where law and regulations have not been formulated, the rules formulated by the people’s governments referred to in the preceding
paragraph may establish administrative punishments as warning and fine for acts violating administrative order. And the limits for
fines shall be stipulated by the standing committees of the People’s Congress of the provinces, autonomous regions and municipalities
directly under the central government.

Article 14

Any other documents of a regulative character other than those provided in Articles 9, 10, 11, 12 and 13 shall not establish administrative
punishments.

Chapter III The Organs for Implementing Administrative Punishments

Article 15

Administrative punishments shall be implemented by the authorized administrative organs within the scope of their functions and powers.

Article 16

The State Council or the people’s governments of provinces, autonomous regions and municipalities directly under the central government
authorized by the State Council may determine whether an administrative organ has the right to exercise relevant administrative punishments,
but the right to exercise administrative punishments restraining personal liberty can only be performed by the public security organs.

Article 17

Functional organizations empowered by law or regulations in charge of the administration over public affairs may implement administrative
punishments within the scope of the lawful authorization.

Article 18

Administrative organs may, according to law, regulations and rules and within their lawful authorization, entrust the organizations
qualified for the conditions stipulated in Article 19 of this Law to implement administrative punishments, and the administrative
organs shall not entrust another organization or person to implement the administrative punishments.

The entrusting administrative organ shall be responsible for the supervision over the acts of the entrusted organization to implement
the administrative punishments, and shall bear legal responsibilities consequent upon such acts.

The entrusted organization shall, within its authorization, implement administrative punishments in the name of the entrusting administrative
organ, and shall not entrust another organization or person to implement same administrative punishments.

Article 19

The entrusted organization must be qualified for the following conditions:

(1)

Organizations formed according to law and in charge of public affairs;

(2)

Manned with personnels well-informed of related law, regulations, rules and business; and

(3)

Where technical tests or technical appraisal are required, shall have the means to conduct such tests and appraisal.

Chapter IV Jurisdiction and Application of Administrative Punishments

Article 20

Administrative punishments come under the jurisdiction of the administrative organs with the right to make administrative punishments
of the people’s governments at county level and above in the place where illegal acts have taken place, unless otherwise provided
by law or administrative regulations.

Article 21

Dispute over jurisdiction shall be referred to an administrative organ common to the disputing organs at a higher level which will
determine the jurisdiction.

Article 22

Where the illegal acts constitute crimes, the administrative organs must transfer the case to judicial organs for investigation of
criminal responsibility according to law.

Article 23

Administrative organs, when implementing administrative punishments, shall order the parties to make, or within a specified period
of time to make corrections to their illegal acts.

Article 24

A party shall be subjected to no more than one fine for the same illegal act as administrative punishment.

Article 25

Persons under the age of 14, having committed illegal acts, shall not be imposed on administrative punishments, but their guardians
shall be ordered to discipline them; persons at the age of 14 but under 18 committing illegal acts shall be imposed on either light
or mitigated administrative punishments.

Article 26

Mental patients committing illegal acts when unable to determine or control their acts, shall not be imposed on administrative punishments,
but the guardians shall be ordered to look after them. Patients suffering intermittent mental disorder committing illegal acts when
in normal mental order, shall be imposed on administrative punishments.

Article 27

Parties shall be imposed on administrative punishments, either light or mitigated, subject to one of the following instances:

(1)

Take initiative in removing or minimizing the consequential damage;

(2)

Commit illegal acts on account of being coerced by others;

(3)

Contribute in cooperation with administrative organs to investigation into and handling with illegal acts; or

(4)

Any other instances for which administrative punishments can be light or mitigated according to law.

No administrative punishment shall be imposed for trifle illegal acts which have been timely checked without causing consequent damage.

Article 28

Where the illegal acts constitute an offense for which criminal detention or fixed-term imprisonment has been rendered by the people’s
court, the administrative detention imposed on the party by the administrative organ shall, according to law, be deducted from the
period of criminal detention or imprisonment.

Where the illegal acts constitute an offense for which fine is imposed by the people’s court, the fine inflicted on the party by the
administrative organ shall be set off.

Article 29

No administrative punishment shall be given for illegal acts which have not been discovered within two years, unless otherwise provided
by law.

The time limit in the preceding paragraph shall be computed from the day of the occurrence of the illegal acts, or from the day of
the termination of continuous or consecutive illegal acts.

Chapter V Decision on Administrative Punishments

Article 30

Where citizens, legal persons or other organizations shall according to law be given administrative punishments for acts violating
administrative order, the administrative organ must ascertain the facts; no administrative punishments shall be imposed if facts
about the illegal acts remain unclear.

Article 31

Administrative organs, before making a decision on administrative punishments, shall inform the party of the facts, causes and legal
basis for making such a decision, and advise the party of the rights which the law confers on him.

Article 32

The party has the right to state the case and defend himself. The administrative organ must hear in full the party’s opinions, and
shall review and examine the facts, causes and evidence submitted by the party. The administrative organ shall adopt the facts, causes
and evidence submitted by the party if they are sustainable.

The administrative organ shall not aggravate punishments on account of the party’s statements or defense.

Section 1 Summary Procedure

Article 33

A decision on administrative punishments of a fine less than fifty renminbi yuan on citizens or less than a thousand renminbi yuan
on legal persons or other organizations, or a warning, can be made on the spot for confirmed illegal acts with sound legal basis,
and the party shall execute said administrative punishments according to Articles 46, 47 and 48 of this Law.

Article 34

Law administering personnels making a decision on administrative punishments on the spot, shall show to the party the identification
certificates for administering law, and fill in the official printed form and the statement of decision on administrative punishments
with serial number on it. The statement of decision on administrative punishment shall be given to the party on the spot.

The statement of decision on administrative punishment in the preceding paragraph shall carry the illegal acts done by the party,
legal basis for the administrative punishment, sum of the fine, time and place, name of the administrative organ, and shall be signed
or stamped by the law administering personnels.

The decision on administrative punishment, made by the law administering personnels on the spot, must be filed with their administrative
organ.

Article 35

The party who refuses to accept the decision on administrative punishment made on the spot, may according to law apply for administrative
reconsideration or lodge an administrative law suit.

Section 2 General Procedure

Article 36

Except the case, stipulated in Article 33 , where the administrative punishment may be given on spot, the administrative organ, finding
that administrative punishment shall according to law be inflicted on a citizen, legal person or other organization for their acts,
must conduct an overall, objective, fair and just investigation, collect relevant evidence, or may conduct, when necessary, an inspection
according to law or regulations.

Article 37

No less than two law administering personnels shall be present on the scene when the administrative organ conducts investigation or
inspection, and shall show their certificates to the party or related persons who should give truthful reply to inquiries and cooperate
in the investigation or inspection, without obstructing the process. Written records shall be made of the inquiries or inspection.

The administrative organ, when collecting evidence, may take evidence by random sampling and, when evidence may possibly be lost or
collected with difficulty at a later time, may preserve them with registrations being made, subject to the approval by the responsible
person of the administrative organ. Decision on the disposal shall be timely made within seven days during which period the party
or related persons shall not destroy or transfer such evidence.

Law administering personnels, having direct concern therein with the party concerned, shall withdraw.

Article 38

Following the conclusion of the investigation, responsible persons of the administrative organ shall examine the findings of the investigation
and according to various circumstances of the case, make the following decisions respectively:

(1)

Decision on administrative punishment shall be made according to the seriousness and particulars of the case if there are illegal
acts for which administrative punishment should be imposed;

(2)

Administrative punishment shall not be inflicted if illegal acts are minor ones for which administrative punishments may not be inflicted
according to law;

(3)

No administrative punishment shall be imposed if illegal acts are not sustainable; and

(4)

Illegal acts which constitute a crime shall be transferred to the judicial organ.

Where serious administrative punishment shall be imposed for complicated or major illegal acts, the decision shall be made through
collective consideration by the responsible persons of the administrative organ.

Article 39

The administrative organ, inflicting administrative punishment according to Article 38 of this Law, shall draw up a statement of
decision on administrative punishment. The statement of decision on the administrative punishment shall carry the following items:

(1)

The name or post_title of the party and address;

(2)

The facts and evidence concerning the violation of law, regulations or rules;

(3)

Classification and legal basis of the administrative punishment;

(4)

Method and time limit for executing the administrative punishment;

(5)

Avenue and time limit for application for administrative reconsideration and for the institution of an administrative law suit, if
the party refuses to accept the administrative punishment; and

(6)

The name of the administrative organ making such punishment and the date of the decision.

Decision on administrative punishment must carry the official stamp of the administrative organ making the administrative punishment.

Article 40

The statement of decision on administrative punishment shall be delivered to the party on spot after pronouncement, and in absence
of the party, the administrative organ shall, according to Civil Procedure Law, serve within seven days the statement of the decision
to the party.

Article 41

In case the administrative organ and its law administering personnels fail, before making the decision on administrative punishment,
to inform the party of the facts, causes and legal basis for making such a decision, or refuse to hear the party’s presentation of
the case and defense, as stipulated in Articles 31 and 32 of this Law, the administrative punishment can not be established, unless
the party has waived his right to the presentation and defense.

Section 3 Hearing Procedure

Article 42

The administrative organ before making a decision on the administrative punishment such as ordering to stop production and business,
withdrawing the permit or license, or large sum of fine, shall advise the party of the right to hearing. And the administrative organ
at the request of the party shall organize hearing, and the party shall not bear the expenses for the hearing. Hearing shall be organized
in the following manner:

(1)

The party shall, within 3 days after being informed by the administrative organ, notify them of the party’s request for hearing;

(2)

The administrative organ shall notify the party of the time and place of the hearing seven days before it;

(3)

Hearing shall be held in public, with the exception that the state’s or commercial secret or personal privacy is involved;

(4)

Hearing shall be presided over by the personnel appointed by the administrative organ other than the investigators of the case and
the party, submitting that the presider has direct interest in the case, have the right to apply for the withdrawal;

(5)

The party may attend in person or appoint one or two agents to the hearing;

(6)

At hearing the investigators state the facts of the illegal acts done by the party, present the evidence and make suggestion on administrative
punishment; the party may make defense and question the evidence; and

(7)

Written records on the hearing shall be made which shall be examined to see no error with it, and signed or stamped by the party.

The party who takes objection to administrative punishment on restraint of personal liberty, shall act according to the Regulations
on Administrative Penalties for Public Security.

Article 43

Following the hearing, the administrative organ shall make the decision in accordance with the provisions of Article 38 of this Law.

Chapter VI Execution of Administrative Punishment

Article 44

After the decision on administrative punishment is made in accordance with law, the party shall execute the decision within the time
limit prescribed in the decision.

Article 45

The execution of the administrative punishment shall not be suspended when the party refuses to accept the decision and applies for
administrative reconsideration or lodge an administrative law suit, unless otherwise provided by law.

Article 46

The administrative organ making the decision on fine shall be separated from the collecting agency of the fine.

The administrative organ making the decision on administrative punishments and its law administering personnels shall not collect
fines on their own authority, with the exception of the fines collected on spot in accordance with Articles 47 and 48.

The party shall, within fifteen days from the day of receiving the statement of decision on administrative punishment, pay the fines
to the appointed bank. The bank shall, after receipt of the fines, hand them directly to the state treasury.

Article 47

In case a decision is made on administrative punishment on spot in accordance with the provisions of Article 33 of this Law, the
law administering personnels may collect fines on spot, subject to one of the following instances:

(1)

A fine less than twenty renminbi yuan imposed according to law; or

(2)

Fines, if not collected on spot, shall be hardly executed.

Article 48

Administrative organs and their law administering personnels, having made the decisions on fines in accordance with Articles 33 and
38, may collect them on spot at the request of the parties, provided the parties in remote border areas, or on waters, or in area’s
with inconvenient traffic, have difficulties when paying the fines to the appointed banks.

Article 49

Administrative organs and their law administering personnels collecting fines on spot, must issue to the parties the uniform receipt
for fines printed and issued by the financial departments of provinces, autonomous regions and municipalities directly under the
central government, and without issuing the uniform receipts for fines printed and issued by the financial departments, parties have
the right to refuse the payment of fines.

Article 50

Law administering personnels collecting fines on spot shall, within two days from the day of fine, hand the fines over to the administrative
organs; fines collected on spot on waters shall be handed over to the administrative organs within two days from the day of disembarkation.
Administrative organs shall within two days hand the fines over to the appointed banks.

Article 51

In case of failure by the party to execute the decision on administrative punishment within the prescribed time limit, the administrative
organ making the decision on the punishment may take the following measures:

(1)

In case of failure to pay the fine in time, an additional fine shall be imposed amounting to three per cent of the original fine on
a daily rate basis;

(2)

In accordance with law, the sealed up or seized property can be put to auction to pay, or appropriation of the frozen bank deposit
can be made for payment of, the fine; or

(3)

Apply to the people’s court for enforcement.

Article 52

At the request of the party assuredly in economic difficulty, payment of fine may be postponed or made in installments, subject to
the approval by the administrative organ.

Article 53

Illegal property which has been confiscated with the exception of those to be destroyed according to law, must be auctioned publicly
or otherwise disposed of according to relevant stipulations of the state.

Fines, confiscated illegal earnings or proceeds of the illegal property by auction must be handed over in its entirety to the state
treasury, and shall not be withheld or shared privately and secretly in any manner by any administrative organs or individuals. Financial
departments shall not return in any forms to administrative organs making decisions on administrative punishments, the fines, confiscated
illegal earnings or proceeds by auction of the confiscated illegal property.

Article 54

Administrative organs shall establish and complete the system of supervision over administrative punishments. And people’s governments
at county level and above shall strengthen the supervision and inspection over administrative punishments.

Citizens, legal persons and other organizations have the right to lodge their complaints or make report on the punishments imposed
by the administrative organs. Administrative organs shall make conscientious examinations and take initiative in correction if anything
is found wrong with the administrative punishments.

Chapter VII Legal Responsibility

Article 55

Where administrative organs implement administrative punishments in one of the following instances, superior administrative organs
or other related departments shall order said administrative organs to make correction and may give disciplinary sanctions according
to law to personnels in charge, and other personnels, bearing direct responsibility:

(1)

No legal basis for imposing administrative punishments;

(2)

Alterations made on one’s own authority in classification and extent of administrative punishments;

(3)

Violations of the legal procedure for administrative punishments; or

(4)

Violations of Article 18 of this Law on entrustment of implementing punishments.

Article 56

If administrative organs implementing punishments on parties do not use documents and receipts specially designed for, or use those
documents and receipts which are not printed and issued by lawfully appointed departments for, fines and confiscated property, the
parties have the right to reject the punishments and make report thereon. Superior administrative organs or other related departments
shall collect the illegal documents and receipts for destruction, and impose disciplinary sanctions on the personnels in charge,
and other personnels, bearing direct responsibility.

Article 57

Where administrative organs collect fines on their own authority in violation of Article 46 of this Law or financial departments
return to administrative organs fines or proceeds of auction in violation of Article 53 of this Law, superior administrative organs
or related departments shall order said administrative organs or financial departments to make corrections and impose disciplinary
sanctions on the personnels in charge, and other personnels, bearing direct responsibility.

Article 58

Fines, confiscated illegal earnings or property which have been withheld or shared privately or secretly in any manner by the administrative
organs, shall be recovered by financial departments or other related departments and disciplinary sanctions shall be imposed on the
personnels in charge, and other personnels, bearing direct responsibility, or if the case is so serious as to constitute a crime,
criminal responsibility shall be investigated.

Law administering personnels abusing their authority to demand or accept and take into their possession other’s property or collected
fines, shall be charged with criminal responsibility if the such acts constituted an offense; and disciplinary sanctions shall be
imposed on them if the acts are minor ones not sufficient for a crime.

Article 59

Administrative organs using or damaging the property held in custody, thereby causing loss or damage to the party, shall make compensation
according to law, and disciplinary sanctions shall be imposed on the personnels in charge, and other personnels, bearing direct responsibility.

Article 60

Administrative organs implementing inspective or executive measures in violation of law, thereby causing personal or property damage
to citizens, or causing loss to legal persons or other organizations, shall make compensation according to law, and disciplinary
sanctions shall be imposed on the personnels in charge, and other personnels, bearing direct responsibility; criminal responsibility
shall be investigated according to law if the case is so serious as to constitute a crime.

Article 61

Where administrative organs seek private interest for the units themselves by withholding cases which should be transferred to judicial
organs according to law for determination of criminal responsibility and substitute administrative punishments for criminal punishments,
superior administrative organs or other related departments shall order said administrative organs to make corrections, or otherwise
impose disciplinary sanctions on the personnels in charge bearing direct responsibility, if they refuse to correct themselves. Those
who play favoritism and protect illegal acts shall be charged with criminal responsibility by applying mutatis mutandis the provisions
of Article 188 of the Criminal Law.

Article 62

Where law administering personnels who have neglected their duties resulting in failure to check or punish illegal acts which should
be checked or punished, have caused damage to lawful rights of citizens, legal persons or other organizations, to public interest
and social order, the personnels in charge, and other personnels, bearing direct responsibility shall be imposed on disciplinary
sanctions according to law, and if the cases are so serious as to constitute crimes, criminal responsibility shall be investigated
according to law.

Chapter VIII Supplementary Provisions

Ar

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

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.





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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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