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2002

MEASURES FOR THE ADMINISTRATION OF NATIONAL KEY CONSTRUCTION PROJECTS

Category	GENERAL	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1996-06-14	Effective Date	1996-06-14

Measures for the Administration of National Key Construction Projects

(Approved by the State Council on June 3, 1996 and promulgated by the

State Planning Commission on June 14, 1996)

Article 1 These Measures are formulated for the purposes of strengthening
the administration of national key construction projects, ensuring the
construction quality and that the projects are completed on time, enhancing
the investment returns and promoting the sustained, rapid and healthy
development of national economy.

Article 2 “National key construction projects” referred to in these
Measures mean key construction items which are selected from the following
large- and medium-sized national capital construction projects because of
great influence upon national economy and social development:

(1) large-sized items of infrastructure, basic industries and pillar
industries;

(2) items of high technology which can promote the industrial
technological progress;

(3) transregional items of great influence upon national or regional
economic development;

(4) items of great influence upon social development; and

(5) other key construction items.

Article 3 National key construction projects shall be designated in
accordance with the national industrial policies, based upon the necessity and
impossibility of national economy and social development, and in line with the
principle of laying emphasis on priorities, acting according to the
capability, leaving some margin, preventing scattered investment and ensuring
capital injection and supply.

Article 4 The planning department under the State Council shall designate
national key construction projects in consultation with the competent
departments concerned under the State Council.

Article 5 Planning departments of people’s governments of provinces,
autonomous regions and municipalities directly under the central government
and of cities separately listed in planning, and the competent departments (or
companies) under the State Council may, within the scope of items specified in
Article 2 and in accordance with the principle in Article 3 of these Measures,
balance capital construction items within their respective regions or
departments and file with the planning department under the State Council
applications for listing some of them as national key construction projects
for each year.

The planning department under the State Council shall, after receiving the
applications, seek the opinions of the competent departments concerned under
the State Council, make overall balancing and designate preparatory national
key construction projects after feasibility study reports of construction
items submitted in applications have been approved. National key construction
projects shall be designated officially after the construction of items
submitted in applications has been started.

The planning department under the State Council shall publish national key
construction projects and preparatory national key construction projects after
designating them.

Article 6 The planning department under the State Council and planning
departments of local people’s governments concerned shall arrange annual
investment plans for national key construction projects according to their
construction periods of time.

Article 7 A legal person established for a national key construction
project shall assume overall responsibility for the construction project. If
otherwise provided by state provisions, such provisions shall apply.

A legal person established for a national key construction project shall
be in charge of making preparations, raising funds, building, production and
business operations, paying off debts and maintaining and increasing the value
of assets for the construction project, and shall keep control over funds,
time limit, quality and production safety of the national key construction
project strictly according to relevant state provisions.

The Company Law of the People’s Republic of China and other relevant state
provisions shall be applicable to the organizational form and structure of
legal persons established for construction projects.

Article 8 The competent departments concerned under the State Council,
local people’s governments concerned, banks, enterprises and institutions,
each of whom is responsible for allocations to national key construction
projects under annual investment plans and contracts for construction
projects, shall ensure the construction allocations according to the schedules
of the projects.

Article 9 Each bank and department concerned shall give priority to
equipment reserve allocations to national key construction projects.

Article 10 The planning department under the State Council and planning
departments of local people’s governments concerned shall set aside a certain
percentage of funds to meet special requirements arising in the process of
construction when arranging annual investment plans for national key
construction projects.

Article 11 No unit or individual may misappropriate or retain
construction funds and equipment reserve funds for national key construction
projects.

Article 12 Local people’s governments shall coordinate the work related
to the requisition of land for national key construction projects and shall
provide conveniences necessary for the construction. Land administration
departments shall ensure the use of land for national key construction
projects according to law.

Article 13 Open tenders shall be invited for the design, construction,
management and equipment purchase in the principle part of a national key
construction project by the legal person established for the project and the
proper tender shall be accepted on the basis of competitive selection, with
the exception of those projects for which tender invitations may, with an
approval, be negotiated or limited to special persons.

Grade A (or first-class) qualification specified by the state shall be
required for tenderers for national key construction projects.

Without the consent of the legal person established for the national key
construction project, any party having won the tender may not subcontract the
construction.

The planning department under the State Council shall, in consultation
with the competent departments concerned under the State Council, local
people’s governments concerned and banks, exercise the supervision and
inspection over the tendering for national key construction projects.

Article 14 Departments in charge of electric power, transportation, post
and telecommunications, water and heat supply shall give priority to
electricity for construction and production use, materials transportation,
communication, and demand for water and heat required by national key
construction projects, and shall perform their duties according to contract.

Article 15 Enterprises and institutions concerned shall give priority to
the supply of equipment and materials required by national key construction
projects, and shall perform their duties according to contract.

Article 16 No unit or person may collect fees from national key
construction projects. If otherwise provided by law or by the State Council,
such provisions shall apply.

Article 17 A legal person established for national key construction
project shall submit a report on the construction and materials regarding the
project to the planning department under the State Council according to
relevant provisions and shall send copies of them to the competent departments
concerned and the bank.

Article 18 A project directly supporting a national key construction
project shall be put into operation simultaneously with the schedule of the
national key construction project. Departments and units financing the
construction of such a supporting project shall ensure allocations to it
according to the construction schedule.

Article 19 A legal person established for a national key construction
project shall promptly organize the preliminary inspection and acceptance
together with the designer and the constructor according to the approved
design document and other relevant documents after the completion and trial
operation of the project.

If the project passes the preliminary inspection and acceptance, the
planning department under the State Council or an agency authorized by it
shall organize the inspection and acceptance upon completion together with
involved parties.

Article 20 A national key construction project which has passed the
inspection and acceptance upon completion and has been put into operation
shall be given an evaluation upon completion according to relevant state
provisions.

Article 21 The planning department under the State Council shall, in
consultation with the competent departments concerned under the State Council
and local people’s governments concerned, coordinate, guide and supervise the
work for national key construction projects.

Article 22 If any party concerned fails to allocate funds to a national
key construction project according to provisions, the planning department
under the State Council shall issue a circular to criticize him and propose to
the competent department for imposing disciplinary sanction according to law
upon the person in charge directly responsible or other persons responsible.
If a local investment is not allocated according to provisions for two
consecutive years, the planning department under the State Council has the
authority to suspend the approval of any new construction project in the
locality for the next year.

If any party concerned fails to allocate funds to a national key
construction project according to contract, he shall bear the liability for
breach of contract.

Article 23 If anyone misappropriates or retains funds for national key
construction projects, the auditing and financial authorities shall reclaim
the funds misappropriated or retained, issue a circular to criticize him and
propose to the competent department for imposing disciplinary sanction
according to law upon the person in charge directly responsible and other
persons responsible; if a crime has been constituted, the offender shall be
investigated for criminal liability.

Article 24 If anyone disturbs the order of the construction and
production and business operations of national key construction projects,
making it impossible for the work to be conducted normally, he shall be
punished according to the provisions of the Regulations of the People’s
Republic of China on Administrative Penalties for Public Security; if a crime
has been constituted, criminal liability shall be investigated according to
law.

Article 25 If a national key construction project costs quite beyond its
estimated budget, or has inferior quality, or suffers loss and waste or a
liability accident, as a result of poor management or fraud, the planning
department under the State Council shall circulate a notice of criticism and
propose to the competent department for imposing disciplinary sanction
according to law upon the person in charge directly responsible and other
persons responsible; if a crime has been constituted, criminal liability shall
be investigated according to law.

Article 26 These Measures comes into effect on the date of promulgation.

MEASURES FOR THE ADMINISTRATION OF REPRESENTATIVE OFFICES OF FOREIGN FINANCIAL INSTITUTIONS IN CHINA

20020718

The People’s Bank of China

Measures for the Administration of Representative Offices of Foreign Financial Institutions in China

the People’s Bank of China

April 29, 1996 ContentsChapter I General Provisions

Chapter II Application and Establishment Procedures

Chapter III Supervision and Administration of the Representative Offices

Chapter IV Cancellation

Chapter V Penalty Provisions

Chapter VI Supplemental Provisions

Chapter I General Provisions

Article 1

These Measures has been formulated in accordance with the Regulations of the People’s Republic of China on the Administration of Financial
Institutions with Foreign Capitals so as to strengthen the control of resident representative offices of foreign financial institutions
in China (hereinafter referred to as representative offices).

Article 2

The foreign financial institutions referred to in these Measures are the commercial banks, investment banks, merchant banks, securities
companies, insurance companies, insurance brokerages, insurance proxy companies, insurance loss assessing companies, funds management
companies, foreign exchange brokerages, credit card companies, financial leasing companies registered outside of the People’s Republic
of China. The representative offices referred to in these Measures are agencies set up by foreign financial institutions inside China
authorized to engage in such non-productive activities as consultation, liaison and market researches.

Article 3

The representative offices must abide by the laws and regulations of the People’s Republic of China and their lawful rights and interests
shall be protected by the laws of the People’s Republic of China.

Article 4

The People’s Bank of China is the organ to be responsible for the examination and approval of the representative offices and for the
supervision and administration of their businesses.

Chapter II Application and Establishment Procedures

Article 5

The following conditions should be met in applying for the establishment of representative offices:

There are sound financial supervision and administration regimes in the applicants’ countries or regions;

The applicants should be financial institutions set up with the approval of the financial supervision and administration authorities
of countries or regions where the applicants reside or members of the financial associations concerned;

The applicants must conduct their business lawfully, have sound credibility, and were making profit in the previous three consecutive
years before the applications.

Article 6

The following documents shall be presented in applying for the establishment of a representative office:

an application letter addressed to the governor of the People’s Bank of China, signed by the Chairman of the board of directors or
general managers;

business license (duplicate) or legal business-opening certificate (duplicate), approved and issued by responsible authorities of
the country or region where the applicant resides;

articles of association and roster of the board of directors or of the major partners of the company;

annual reports of the previous three years before the application;

approval documents produced by the financial supervision and administration authorities or a recommendation letter produced by the
local trade association of the country or region where the applicant resides;

other materials as required by the People’s Bank of China.

The items listed in this article, except those stated in the fourth paragraph, if written in foreign languages, shall have Chinese
versions attached, among which the business licenses or recommendations shall be notarized by the authorized public notaries of the
countries where the applicants reside, or be recognized by the local Chinese embassies or consulates over there.

Article 7

In applying for establishing a representative office in a provincial capital, the application documents shall be presented to the
local provincial branch office of the People’s Bank of China. In applying for establishing a representative office in other cities,
the application documents shall be presented to the cities’ People’s Bank of China branch offices. The application documents, after
examining and verifying by the local People’s Bank of China branch offices, shall be transferred to the head office of the People’s
Bank of China by those branch offices for examination and approval.

Article 8

After preliminary examination and approval of the application for establishing a representative office, an official application form
will be issued to the applicant by the People’s Bank of China. The applicant shall fill out and submit the official application form
within two months since the receipt of the form, and present the following materials:

identification papers and resume of the proposed head representative;

the power of attorney signed by the chairman of the board of directors or general manager on the entrustment of the head representative;

All the materials listed in this article, if written in foreign languages, shall have Chinese versions attached. If the official application
forms are not filled out and submitted within the specified period, the applications are seen as automatically abandoned;

An application is seen as rejected if an official application form is not received within 6 months since the submission of the application
materials for establishing the representative office.

Article 9

Foreign financial institutions have already set up more than five (including five) representative offices inside China can apply for
the establishment of general representative offices.

The application process for establishing general representative offices is the same as that for establishing representative offices.

Article 10

A representative office’s name should be consisted of the following items in order: “name of the foreign financial institution”, “name
of the city where the office resides” and “representative office”; the lead person in charge is called “head representative” while
other persons in charge are called “representatives” or “deputy representatives”. The name of a general representative office shall
be consisted of the following items, in order: “name of the foreign financial institution”, “China General Representative office”;
the lead person in charge of the general representative office is called “general representative”, other persons in charge are called
“representatives”, “deputy representatives”.

Article 11

Approval certificates for representative offices approved to be established are issued by the People’s Bank of China, with the effective
term for their being stationed set at six years. The representatives should, within 30 days since the date of approval, go to the
State Administration for Industry and Commerce to register for business and to the local public security and taxation departments
to register for residence and personal income on the strength of the approval certificates.

Chapter III Supervision and Administration of the Representative Offices

Article 12

The representative offices and its personnel should not sign with other legal persons and natural persons any agreements or contracts
that can bring incomes for the representative offices or the institutions they represent, nor can they engage in any other business
operations other than those approved.

Article 13

The post of head representative should not be assumed concurrently by the responsible persons of the head administrative office or
of the related departments of the general representative office and neither can the head representatives currently assume any posts
in institutions inside China. There should always be a head representative stationed in a representative office to handle routine
business. Whenever the head representative leaves China for more than one month, a person shall be designated to exercise his/her
duties and such cases shall be reported to the local People’s Bank of China branch office for the record.

Article 14

A representative office should submit an annual report on the previous year’s work before the end of each February to a local People’s
Bank of China branch office and then the report concerned will be transferred to the People’s Bank of China head office by the branch
office. The annual work reports should be made in formats stipulated by the People’s Bank of China and filled out in Chinese.

Article 15

The following major developments of the foreign financial institutions that have established representative offices in China should
be reported to the local People’s Bank of China branch offices by the representative offices concerned within one work cay after
announced by the foreign financial institutions and be afterwards turned over to the People’s Bank of China head office:

Changes of the articles of association, registered capital or registered addresses concerned;

institution reshuffling, division, merger or change of major leading persons;

serious losses in operations.

Article 16

An application should be filed with the local People’s Bank of China branch office by the representatives and then transferred to
the People’s Bank of China head office for approval in the circumstances of:

change of the head representative in which case an application and the power of attorney, signed by the chairman of board of directors
or general manager of the foreign financial institution concerned with the identifications paper and resume of the proposed head
representative should be submitted;

change of name in which case an application signed by the chairman of board of directors or general manager of the foreign financial
institution concerned should be submitted;

extension of the representative office’s terms of operation in China in which case an application paper signed by the chairman of
board of directors or general manager of the foreign financial institution concerned and a work report of the representative office
on the work of the past three years signed by the head representative should be submitted two months before the expiration of valid
term of the representative office. After examination and approval, another operation term of six years shall be given.

Article 17

Reports should be submitted to People’s Bank of China branch offices for approval or for the record under the following circumstances:

a change, an increase or a reduce of representatives, deputy representatives, personnel with foreign nationalities or from Hong Kong,
Macao or Taiwan in which cases, applications signed by the responsible person of the foreign financial institution concerned, the
identification papers and resume’s of the persons to be commissioned should be submitted to the local People’s Bank of China branch
offices for approval and then transferred to the People’s Bank of China head office for the record;

change of address, in which case applications for address change signed by the head representatives should be submitted to the local
People’s Bank of China branch offices for approval and then transferred to the People’s Bank of China head office for the record;

employment of Chinese nationals as staff members, in which case roster, identification papers and resume’s of the Chinese nationals
to be hired should be submitted to the local People’s Bank of China for the record.

Chapter IV Cancellation

Article 18

Upon abolishment of a representative office, an application signed by the chairman of the board of directors or general manager of
the foreign financial institutions concerned should be submitted in advance to the People’s Bank of China for approval and after
the approval cancellation of registration should be filed by the representative office with the State Administration for Industry
and Commerce with related formalities being gone through with responsible departments.

Article 19

When change of a representative office into a business branch or general representative office, the original representative office
should be abolished automatically and an application should be filed with the State Administration for Industry and Commerce for
cancellation of registration.

Article 20

After abolishment of a representative office, all pending affairs should be handled by the general representative office, if there
is any, or by the foreign financial institution represented, if there is not a general representative office.

Chapter V Penalty Provisions

Article 21

Representative offices established without authorization in violation of these Measures will be nullified by the People’s Bank of
China and if the party concerned has admitted criminal offenses, criminal responsibilities shall be affixed in accordance with the
law.

Article 22

When a head representative holds concurrent offices with other institutions without authorization in violation of Article 13 of these
Measures or leaves China for over one month without a record, the People’s Bank of China has the right to request the foreign financial
institution represented to change the person concerned.

Article 23

If a representative office/general representative office fails to submit relative documents in time in violation of Articles 14 and
15, the People’s Bank of China shall order it to make up for the reports and submit a written self-criticism within a specified period.

Article 24

Engagement in business activities in violation of Articles 2 and 12 of these Measures and change of related matters without approval
in violation of Articles 16 and 17 of these Measures will be fined in accordance with the Regulations of the People’s Republic of
China on the Administration of Financial Institutions with Foreign Capital and other related regualtions of the People’s Bank of
China.

Article 25

Violations of Articles 2, 12, 13, 14, 15, 16 and 17, in addition to penalties by the People’s Bank of China in accordance with these
Measures and other related regulations of the People’s Bank of China, a warning, circulation of criticism notice and even nullification
of the representative office shall be meted out by the People’s Bank of China in accordance with degrees of severity.

Article 26

Violations of both these Measures and the registration laws and regulations shall be punished jointly by the People’s Bank of China
and the State Administration for Industry and Commerce.

Chapter VI Supplemental Provisions

Article 27

These Measures is applicable to the establishment in the Chinese territory of representative offices by financial institutions from
the Hong Kong, Macao and Taiwan regions and foreign-capital financial institutions registered in China.

Article 28

These Measures shall be interpreted by the People’s Bank of China.

Article 29

These Measures enter into force as of the date of promulgation, Measures of the People’s Bank of China on the Administration of Establishment
of Resident Representative Offices Inside China by Financial Institutions with Foreign Investment, promulgated by the People’s Bank
of China on June 1, 1991, is nullified at the same time.

The People’s Bank of China
1996-04-29

REPLY LETTER OF THE GENERAL OFFICE OF THE MINISTRY OF LABOR ON ANSWERING TO THE REQUEST FOR INSTRUCTIONS ON THE CALCULATION AND PAYMENT OF ECONOMIC COMPENSATION WHILE LABOR CONTRACT IS TERMINATED OR DISSOLVED

The General Office of the Labor Ministry

Reply Letter of the General Office of the Ministry of Labor on Answering to the Request for Instructions on the Calculation and Payment
of Economic Compensation While Labor Contract is Terminated or Dissolved

LaoBanFa [1996] No.33

February 15, 1996

Labor Department of Hebei Province:

Request for Instructions on the Calculation and Payment of Economic Compensation While Labor Contract is Terminated or Dissolved (JiLaoBan
[1996] No.31) from your department has been received; after disquisition, the following is the reply:

On the problem of calculation and payment of economic compensation after the termination of labor contract. Opinions on Several Problems
of Implementing Labor Law of the People’s Republic of China (LaoBuFa [1995] No.309) prescribes that “The labor contract shall be
terminated when the labor contract expires or the termination conditions promised by the parties occurs. On this Circumstance employing
work unit may not pay economic compensation to its workers or stuffs.” At the same time it prescribes that “If there are any other
regulations connected, it may act accordingly.” Above-mentioned “other regulations” here refer to the related provisions in Interim
Provisions on State-operated Enterprises Implementing the System of Labor Contract (GuoFa [1986] No.77) and Provisions on Enterprises
Owned by the Whole People Employing Peasants as Contractual System Workers (Decree No.87 of the State Council in 1993) that are still
in effect. They prescribes that “After the termination of labor contract, the provisions on the payment of economic compensation
in the labor contract shall still be executed when one of the contract parties is the worker or stuff of state-owned enterprise,
worker of stuff that has labor contract relations with state organs, public institutions or social organizations and peasant work
under contractual system employed by enterprise owned by whole people.”

On the problem of calculation and payment of economic compensation when workers and stuffs under contractual system shift or transfer
to other working units. After full implementation of labor contract system, shifting or transferring to other units could be realized
only after the labor relations with original working units were terminated and new labor relations with new working units were established.
The worker or stuff who proposes to shift or transfer to other working units shall sign labor contract with new working unit after
the termination of the labor contract with original working unit. The working unit shall pay labors economic compensation, if the
working unit proposes to terminate the labor contract with worker or stuff according to Article 24 of Labor Law, and the labor contract
is terminated under consensus of the two parties. The working unit needs not pay laborers economic compensation, if the worker or
stuff proposes to terminate the labor contract by him/herself.

Economic compensation shall be calculated and paid according to the working years when permanent workers worked in the original working
unit before the labor contract system was implemented.

If shift of working units is result of incorporation, merger, jointing investment, changing nature of the working unit, changing names
of the legal person or other reasons, the working time before the shift shall be regarded as “the working time in the new working
unit”. If shift of working units is result of change of organizational system, whether the working time before the shift shall be
regarded as “the working time in the new working unit” and the shift among corporations directly under the industry shall be regulated
by supervision of branches of trade; other kinds of shifts shall be regulated by the provinces, autonomous regions, municipalities
directly under the Central Government.

The General Office of the Labor Ministry
1996-02-15

REGULATIONS GOVERNING LABOUR COOPERATION WITH HONG KONG REGION

Regulations Governing Labour Cooperation with Hong Kong Region

(Effective Date:1996.09.05–Ineffective Date:)

CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO SIGNING OF CONTRACT AND CHARGES CHAPTER THREE SELECTION OF LABOURERS DISPATCHED CHAPTER
FOUR IMPLEMENTATION OF CONTRACTS CHAPTER FIVE PUNISHMENT CHAPTER SIX APPENDIX

Article 1 This set of regulations are formulated with a view to helping improve the labour cooperation between the inland areas of the motherland
and the Hong Kong region and the implementation of the policy of “one country, two systems” for maintaining Hong Kong’s prosperity
and stability.

Article 2 Labour cooperation with Hong Kong region should follow the unified State policies and regulations, submit to unified coordination
and management and follow the principle of fair competition. Force down prices between operating firms and involvements of middle
dealers are forbidden.

Article 3 Labour cooperation with the Hong Kong region should be carried out in accordance with the need of economic development in Hong Kong
and requirements of employers, and the dispatch of labourers to Hong Kong can only be made after getting the entry permission of
the HK government.

Article 4 Labour cooperation with the Hong Kong region must strictly abide by the local laws and regulations of Hong Kong.

Article 5 Authorized by the State, the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) shall exercise unified administration over
the labour cooperation with the Hong Kong region and the Hong Kong and Macao Affairs Office of the State Council (HKMAO) provide
policy guidance.

Article 6 MOFTEC shall decide through consultation with HKMAC in irregular time the names of the companies which undertake labour cooperation
with the Hong Kong region in accordance with scale of import of labourers by Hong Kong and the business conditions of the companies
of the inland areas. Unauthorized companies are all banned to carry out labour cooperation with the Hong Kong region.

Article 7 Companies which carry out labour cooperation with Hong Kong region should get registered in Hong Kong and obtain business licenses
in line with relevant Hong Kong laws and regulations.

Article 8 Labour cooperation with the Hong Kong region can only be carried out after examination and approval by competent department and the
operating companies should go through the exit formalities for the labourers by presenting the document of approval by MOFTEC (Cooperation
Department).

CHAPTER TWO SIGNING OF CONTRACT AND CHARGES

Article 9 The operating companies should directly sign labour cooperation contracts with employers which have been approved to import labour
by the Hong Kong Government.

Article 10 The operating companies should also sign contracts with the labourers clearly defining the rights and duties of both parties. The
articles of the contracts concerned should not in contradicted with those in the contract between the operating companies and employees
of the labourers.

Article 11 Labourers should sign employment contracts with the employers in line with “Contracts for Employing Outside Labourers” issued by
the Hong Kong Government. Operating companies should explain the content of the contracts to the labourers and answer their questions.

Article 12 Operating companies should collect service charges from the labourers according to the unified State regulations. Monthly service
charges collected by an operating company from the labourers recruited from the society should not surpass 12.5% of a labourer’s
monthly payment decided by the Hong Kong Government; the labourer’s original unit which reserves the post for the labourer may also
collect a monthly additional charge which is not more than 12.5% of a labourer’s monthly payment. The two kinds of service charges
should be collected at one time by an operating company and a labourer’s original unit respectively prior to the labourer is sent
to Hong Kong in forms of cash, guarantee, mortgage or loans.

Article 13 The fees for passport and visa of the labourers to Hong Kong should be covered by the employers in Hong Kong and the operating companies
should not collect them from the labourers.

CHAPTER THREE SELECTION OF LABOURERS DISPATCHED

Article 14 An operating company should select the labourers concerned under the principle of good quality, healthy, technically qualified and
competent for the job to work in Hong Kong.

Article 15 The recruitment of labourers to go to Hong Kong should be conducted solely by the operating companies and Hong Kong employers and
middle dealers are strictly forbidden to come to the inland areas to recruit themselves.

Article 16 The recruitment of labourers to Hong Kong should follow the principle of being open and fair and operating companies must not collect
any other extra charges from the recruited people except those in line with the items and standards approved by the competent foreign
trade and economic cooperation departments.

Article 17 The operating companies should not in principle recruit labourers from across provinces (autonomous regions and municipalities) when
there are needs to recruit such labourers from across provinces (autonomous regions and municipalities) under special reasons, applications
with suitable explanation should be submitted to competent departments for approval and go proper formalities should be gone through
with the competent foreign trade and economic cooperation departments of the localities where the labour personnel belong to upon
presentation of the approval documents.

Article 18 Operating companies should be responsible for training the Hong Kong-bound labourers in accordance with the “Regulations Governing
the Training of Overseas Labourers” of the State and the labourers can only be sent to Hong Kong after they pass the examination
and are issued the “Training Certificate of Overseas Labourers”.

CHAPTER FOUR IMPLEMENTATION OF CONTRACTS

Article 19 The operating company must strictly implement the contracts they sign with the employers and the labourers and urge and supervise
the latters in seriously honouring of the contracts.

Article 20 The Hong Kong-bound labourers must abide by local laws and regulations in Hong Kong and must not change employers and jobs set in
the contracts concerned, when the contracts expire, they must timely return to their original resident areas and must not stay in
Hong Kong without any reason.

Article 21 Operating companies should protect the legal rights and interests of the labourers sent to Hong Kong and represent the labourers
to take up matters when the employers fail to honour the contracts or when labour disputes arise. They must timely deal with major
problems upon their occurrence and report the matters to the higher competent departments.

Article 22 Operating companies should timely keep an eye at the working and living conditions of the labourers and cooperate with the employers
to seriously strengthen the management of the labourers.

Article 23 Operating companies will be revoked of their right to conduct labour cooperation with the Hong Kong region if they violate Articles
2 and 8 of this set of regulations, and they will be criticized through circulated notices.

Article 24 Operating companies may be revoked of their right to conduct labour cooperation with the Hong Kong region and be criticized through
circulated notices apart from being ordered to return the overcharges if they violate Articles 12 and 16 of this set of regulations.

Article 25 Operating companies which violate other articles of this set of the regulations will be given punishments such as warning or serious
warning according to the seriousness of the cases. The operating companies will be revoked of their right to conducting labour cooperation
with the Hong Kong region and be criticized through circulated notices if they have been given a total of two warnings in a period
of two years.

Article 26 Labourers concerned will be dealt with according to local laws and regulations if they commit law-breaking actions in Hong Kong;
they will be dealt with in accordance with regulations in the inland areas if they violate the contracts they signed with operating
companies.

Article 27 The Ministry of Foreign Trade and Economic Cooperation is enpost_titled to interpret this set of regulations.

Article 28 This set of regulations will be promulgated as of the date of inssuance.

REGULATIONS FOR THE IMPLEMENTATION OF THE THE ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

Category	AGRICULTURE, FORESTRY AND METEOROLOGY	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1996-12-02	Effective Date	1997-01-01

Regulations for the Implementation of the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine

Chapter I  General Provisions
Chapter II  Examination and Approval of Quarantine Inspection
Chapter III  Entry Quarantine
Chapter IV  Exit Quarantine
Chapter V  Transit Quarantine
Chapter VI  Quarantine of Materials Carried by Passengers or by Post
Chapter VII  Quarantine of Means of Transport
Chapter VIII  Quarantine Inspection Supervision
Chapter IX  Legal Responsibility
Chapter X  Supplementary Provisions

(Promulgated by Decree No.206 of the State Council of the People’s

Republic of China on December 2, 1996)
Chapter I  General Provisions

Article 1 These Regulations are formulated in accordance with the
provisions of the “Law of the People’s Republic of China on the Entry and
Exit Animal and Plant Quarantine” (hereinafter referred to as the Law on the
Entry and Exit Animal and Plant Quarantine).

Article 2 The following objects shall be subject to quarantine in
accordance with the provisions of the Law on the Entry and Exit Animal and
Plant Quarantine and those of these Regulations:

(1) Entry, exit or transit animals and plants, their products and other
quarantine objects;

(2) Containers, packaging materials and bedding materials used for
carrying animals and plants, their products or other quarantine objects;

(3) Means of transport from an animal and plant epidemic area;

(4) Waste vessels for dismantling after entry; and

(5) Other goods and items subject to entry and exit animal and plant
quarantine according to provisions of relevant laws, administrative
regulations and international treaties or as agreed upon in trade contracts.

Article 3 The department of agriculture administration under the State
Council shall be in charge of the entry and exit animal and plant quarantine
in the whole country.

The Bureau of Animal and Plant Quarantine of the People’s Republic of
China(hereinafter referred to as the State Bureau of Animal and Plant
Quarantine) shall exercise unified control over the entry and exit animal and
plant quarantine in the whole country, collect information on major
animal and plant epidemics at home and abroad and be responsible for
international cooperation and exchanges in entry and exit animal and plant
quarantine.

The State Bureau of Animal and Plant Quarantine shall establish port
animal and plant quarantine organs in open ports and at places where there is
concentration of entry and exit animal and plant quarantine operations, and
perform entry and exit animal and plant quarantine according to the
provisions of the Law on the Entry and Exit Animal and Plant Quarantine and
these Regulations.

Article 4 In the event that a serious animal or plant epidemic occurs
outside the territory and is liable to spread into the country, the following
emergent preventive measures shall be adopted in the light of the prevailing
conditions:

(1) The State Council may take control measures in the border regions
concerned and may, when necessary, order the ban of entry of means of
transport from the animal and plant epidemic area or seal the ports
concerned;

(2) The department of agriculture administration under the State Council
may publish catalogues of animals and plants, their products and other
quarantine objects the entry of which shall be banned from the country or
region where there is an animal or plant epidemic;

(3) The port animal and plant quarantine organs concerned may take
emergent quarantine measures with regard to the entry objects likely
contaminated by epidemics or pests as listed in Article 2 of these
Regulations; and

(4) The local people’s governments of the areas under the threat of
animal or plant epidemic may immediately call the departments concerned to
work out and implement emergent plans, and simultaneously report to the
people’s governments at a higher level and the State Bureau of Animal and
Plant Quarantine.

The departments of posts and telecommunications and departments of
transportation shall give top priority to transmitting or transporting
reports concerning serious animal or plant epidemics or materials to be sent
for quarantine inspection.

Article 5 Entry of animals and plants, their products and other
quarantine objects for either official use or private use by foreign
organizations and personnel enjoying diplomatic or consular privileges and
immunity shall be subject to quarantine in accordance with the provisions of
the Law on the Entry and Exit Animal and Plant Quarantine and those of these
Regulations; the port animal and plant quarantine organs shall comply with
the provisions of relevant laws when performing inspection.

Article 6 The customs shall, according to law, coordinate with port
animal and plant quarantine organs in exercising supervision and control over
entry and exit animals and plants, their products and other quarantine
objects. Specific measures shall be formulated by the department of
agriculture administration under the State Council in conjunction with the
General Administration of Customs.

Article 7 The catalogues of animal and plant epidemic areas and
countries and regions where there are animal and plant epidemics referred to
in the Law on Entry and Exit Animal and Plant Quarantine shall be determined
and published by the department of agriculture administration under the State
Council.

Article 8 Units and individuals that make outstanding achievements in
the implementation of the Law on the Entry and Exit Animal and Plant
Quarantine and these Regulations shall be rewarded.
Chapter II Examination and Approval of Quarantine Inspection

Article 9 The State Bureau of Animal and Plant Quarantine or its
authorized port animal and plant quarantine organs shall be responsible for
the examination and approval of quarantine inspection with respect to the
import of animals, animal products and objects prohibited from entering the
country as listed in Item 1, Article 5 of the Law on Entry and Exit Animal
and Plant Quarantine.

The organs prescribed by the Regulations on Plant Quarantine shall be
responsible for the examination and approval of quarantine inspection
with respect to the import of plant seeds, seedlings and other propagating
materials.

Article 10 Procedures of examination and approval of quarantine
inspection for import may be processed when the following conditions are
satisfied:

(1) The exporting country or region has no serious animal or plant
epidemic;

(2) The import of which is in compliance with the provisions of the
relevant Chinese laws, regulations and rules on animal and plant quarantine;
and

(3) The import of which is in compliance with relevant bilateral
quarantine agreements(including quarantine agreements and aidememoires, same
below) signed between and by China and the exporting countries or regions.

Article 11 Procedures of examination and approval of quarantine
inspection shall be completed before the signing of the trade contracts or
agreements.

Article 12 For entry into the country of plant seeds, seedlings and
other propagating materials by carrying or by post, an application shall be
submitted in advance and formalities for the examination and approval of
quarantine inspection completed; under extraordinary circumstances when the
formalities cannot be completed in advance, the carrier or sender shall
complete the formalities for examination and approval of quarantine
inspection at the port and the same shall be allowed to enter the country
upon the consent of the examination and approval authority and upon
quarantine clearance.

Article 13 For request to transport animals in transit, the owner or his
or her agent shall submit a written application to the State Bureau of Animal
and Plant Quarantine in advance and present certifications on the epidemic
situation issued by the animal and plant quarantine authority of the
government of the exporting country or region, the certificate issued by the
animal and plant quarantine organ of the government of the importing country
or region permitting the entry of the same, and illustrate the proposed
transit route. The State Bureau of Animal and Plant Quarantine shall issue
an “Animal Transit Permit” upon examination and approval.

Article 14 In respect of special needs for scientific research, when
processing the formalities of special examination and approval of quarantine
inspection for objects prohibited from entry as prescribed in paragraph 1,
Article 5 of the Law on Entry and Exit Animal and Plant Quarantine, the
consignor, the owner or his or her agent must submit a written application
describing quantity, use, mode of entry and epidemic prevention measures
after entry, and enclose the remarks by the port animal and plant quarantine
office concerned.

Article 15 If any of the following circumstances occurs after the
completion of the formalities of examination and approval of quarantine
inspection, the consignor, owner or his or her agent shall once again apply
for the examination and approval of quarantine inspection:

(1) Change in category or quantity of entry objects;

(2) Change in the exporting country or region;

(3) Change in port of entry; or

(4) Expiration of the validity of the approval of quarantine inspection.
Chapter III Entry Quarantine

Article 16 The quarantine requirements prescribed by China’s law
referred to in Article 11 of the Law on Entry and Exit Animal and Plant
Quarantine mean the quarantine requirements prescribed by China’s laws,
administrative regulations and the department of agriculture administration
under the State Council.

Article 17 The State shall practice the registration system for
production, processing and stockpiling units of animal and plant products
abroad for export to China. The specific measures shall be formulated by the
department of agriculture administration under the State Council.

Article 18 For the import of animals or plants, their products or other
quarantine objects, the owner or his or her agent shall apply to the animal
and plant quarantine office at the place of entry before entry or upon entry
for quarantine. In the case of quarantine to be conducted away from the
Customs supervision and control area, the owner or his or her agent shall
notify the animal and plant quarantine office at the port concerned upon
arrival of the same at the designated place. In the case of goods being
shipped to another Customs area, the owner or his or her agent shall, upon
entry, submit a declaration to the animal and plant quarantine office at the
port of entry, and shall submit the same to the port animal and plant
quarantine office at the designated place for quarantine upon arrival of the
same at the designated place.

For the import of stud stock, their sperms or fetuses, application for
quarantine shall be submitted 30 days before entry of the same; for the
import of other animals, application for quarantine shall be submitted
15 days before entry of the same; for the import of plant seeds, seedlings or
other propagating materials, application for quarantine shall be submitted
7 days before entry of the same.

For the entry of packaging materials or bedding materials of the nature
of animal or plant, the owner or his or her agent shall submit the
declaration to the port animal and plant quarantine office in time; the
animal and plant quarantine office may perform quarantine of the declared
objects in the light of specific conditions.

The packaging materials or bedding materials of the nature of animal or
plant referred to in the aforesaid paragraph mean the animal products,
plants or plant products used directly as packaging materials or bedding
materials.

Article 19 An application form for quarantine shall be filled in when
applying for quarantine to the port animal and plant quarantine office, and
the quarantine certificate issued by the animal and plant quarantine office
of the government of the exporting country or region, the certificate of
origin, the trade contract, the letter of credit and the invoices, etc. shall
be presented; in the case of necessity of formalities of examination and
approval of quarantine inspection according to law, an approval document for
quarantine inspection shall be submitted. For objects without valid
quarantine certificate issued by the animal and plant quarantine office of
the government of the exporting country or region or in the case of failure
to complete the formalities of examination and approval of quarantine
inspection for the same according to law, the port animal and plant
quarantine office may return or destroy the same objects in the light of the
specific circumstances.

Article 20 On arrival at the port of the imported animals or plants,
their products or other quarantine objects, the quarantine functionaries may
embark on the means of transport or go to the site of the objects to perform
quarantine inspection, to check whether the goods are in keeping with the
certificates, and may collect samples in accordance with regulations. The
carrier, the owner or his or her agent shall submit the list of loading and
other relevant information to the quarantine functionaries.

Article 21 On arrival at the port of the means of transport loaded with
animals, persons embarking or disembarking the same and persons close to the
animals shall be subject to epidemic prevention disinfection by the port
animal and plant quarantine office, and shall carry out other on-the-spot
preventive measures adopted by it.

Article 22 Quarantine functionaries shall perform on-the-spot quarantine
according to the following provisions:

(1) For animals: Check to see whether there are clinical symptoms of an
epidemic. Upon discovery of animals suspected to have infected with
infectious diseases or dead animals, the situation shall be verified and
dealt with forthwith with the cooperation of the owner or the escort. For
bedding materials, left-over fodder and excretion of animals, the treatment
of removal of harmful effects shall be carried out by the owner or his or her
agent under the supervision of the quarantine functionaries.

(2) For animal products: Check to see whether there are signs of
staleness or deterioration and whether the containers and packages are in
perfect condition. For those in line with the required standards, permission
shall be granted for unloading from the means of transport. On discovery of
bail-off or broken or cracked containers, permission shall be granted for
unloading from the means of transport only when the owner or his or her agent
takes the responsibility upon himself or herself to make them good again.
Treatment of disinfection shall be carried out with regard to the concerned
parts of the means of transport as well as the containers, outer packages,
bedding materials and the contaminated sites loading animal products in the
light of prevailing circumstances. In case of necessity of laboratory
quarantine, samples shall be collected in accordance with regulations. For
animal products liable to breed plant insects or animal products mixed with
concealed weed seeds, simultaneous plant quarantine shall be performed.

(3) For plants and plant products: Check to see whether the goods and
packing contain plant diseases or insect pests and collect samples as
prescribed. On discovery of plant diseases or insect pests which are likely
to spread, necessary timely epidemic prevention measures shall be taken with
respect to such goods, the means of transport and the loading-unloading
sites. For plant products from the epidemic area of an animal infectious
disease or likely to carry pathogens of animal infectious diseases or
parasitic diseases and used as animal fodder, simultaneous animal quarantine
shall be performed.

(4) For packing and bedding materials of the nature of animals or
plants: Check to see whether they carry diseases or insect pests, are mixed
with concealed weed seeds or carry soil with them, and collect samples as
prescribed.

(5) For other quarantine objects: Check to see whether the packing are
in perfect condition and whether they are contaminated by diseases or insect
pests. On discovery of breakage or contamination by diseases or insect pests,
treatment for the removal of harmful effects shall be carried out.

Article 23 Inspection shall be carried out at different levels of bulk
animal and plant products carried by ships or trains; inability to carry out
on-the-spot inspection in view of limited storage facilities at the port or
the railway station, the goods may be unloaded and transported to the
designated place for storage with the consent of the port animal and plant
quarantine office. On discovery of epidemic in the process of unloading, the
unloading operation shall be suspended forthwith, and the owner or his or her
agent shall carry out treatment for the removal of harmful effects from the
loaded and unloaded goods in accordance with the requirements of the port
animal and plant quarantine office.

Article 24 Imported big or medium-size cattle for breeding purposes
shall be quarantined in isolation for 45 days in an isolated animal
quarantine court set up by the State Bureau of Animal and Plant Quarantine;
other imported animals shall be quarantined in isolation for 30 days in an
isolated animal quarantine court designated by the port animal and plant
quarantine office. Control measures for isolated animal quarantine courts
shall be formulated by the department of agriculture administration under the
State Council.

Article 25 When the same batch of entry animal or plant products is to
be unloaded separately at different ports, the port animal and plant
quarantine office shall only perform quarantine of the goods unloaded at the
said port. The port animal and plant quarantine office of the first unloading
port shall notify in time the port animal and plant quarantine offices of
other separate unloading ports of the information on quarantine and
treatment; the port animal and plant quarantine office of the last unloading
port shall unifiedly issue quarantine certificates, when they are needed,
after gathering all necessary information.

Discovery of epidemic in the process of quarantine inspection at the
separate unloading port which requires on-board fumigation or disinfection,
the port animal and plant quarantine office at the said separate unloading
port shall unifiedly issue quarantine certificates and notify in time the
port animal and plant quarantine offices at other separate unloading ports.

Article 26 The imported animals and plants, animal and plant products
and other quarantine objects shall be quarantined in accordance with the
national or industrial standards of China or the relevant provisions of the
State Bureau of Animal and Plant Quarantine.

Article 27 For import animals or plants, animal or plant products or
other quarantine objects which pass quarantine inspection, the port animal
and plant quarantine office shall affix its stamp on the Customs declaration
form or issue a “Quarantine Clearance Notice”. For goods which require to be
transferred from the Customs supervision and control area at the port of
entry for quarantine, the port animal and plant quarantine office at the port
of entry shall issue a “Quarantine Transfer Notice”. The owner or his or her
agent shall go through the formalities of Customs declaration, shipment and
delivery on the strength of the stamp affixed by the port animal plant
quarantine office on the Customs declaration form or on the strength of the
“Quarantine Clearance Notice” or “Quarantine Transfer Notice” issued by it.
The Customs shall perform inspection on and issue clearance for the import
animals or plants, their products or other quarantine objects on the strength
of the stamp affixed by the port animal and plant quarantine office on the
Customs declaration form or the “Quarantine Clearance Notice” or “Quarantine
Transfer Notice” issued by it. The departments of transportation and
departments of posts and telecommunications shall effect shipment and
delivery on the strength of the aforesaid form and notices and no further
quarantine shall be performed by other quarantine organs in the country
during shipment and delivery.

Article 28 For import animals or plants, their products or other
quarantine objects that fail to pass quarantine, the port animal and plant
quarantine office shall issue a “quarantine treatment notice”, notifying the
owner or his or her agent to carry out treatment for the removal of harmful
effects under the supervision an technical guidance of the port animal and
plant quarantine office; the port animal and plant quarantine office shall
issue quarantine certificates for those seeking claims from foreign
exporters.

Article 29 The State Bureau of Animal and Plant Quarantine may dispatch
quarantine personnel to perform pre-quarantine, supervision over loading or
conduct epidemic investigation in the place of origin according to quarantine
requirements and with the agreement of the organs concerned of the
government of the exporting country or region of the animals or plants or
their products after consultation.

Article 30 Illegal entry animals and plants, their products and other
quarantine objects intercepted and captured by the Customs, border control
departments or other departments shall be handed over to the nearest port
animal and plant quarantine office for quarantine.
Chapter IV Exit Quarantine

Article 31 The owner or his or her agent shall provide the trade
contract or agreement when going through the formalities of application for
exit quarantine inspection of animals or plants, their products or other
quarantine objects according to law.

Article 32 If the importing country requires China to register the
production, processing and stockpiling units engaging in export to their
country of animals or plants, their products or other quarantine objects, the
port animal and plant quarantine office may practice registration and report
to the State Bureau of Animal and Plant Quarantine for the record.

Article 33 Export animals that need to be placed in isolation for
quarantine inspection before exit shall be quarantined in an isolation court
designated by the port animal and plant quarantine office. Export plants,
animal or plant products and other quarantine objects shall be quarantined at
the warehouse or depot; they may also be quarantined in the process of
production and processing, if necessary.

Exit plants, animal or plant products and other quarantine objects
awaiting quarantine inspection shall be complete in quantity, with perfect
packing, neat piling and prominent marks.

Article 34 Quarantine inspection of export animals and plants, their
products and other quarantine objects shall abide by:

(1) provisions relating to animal and plant quarantine of the importing
countries or regions and China;

(2) bilateral quarantine agreements;

Regulations for the Implementation of the Law of the People’s Republic of
China on Entry and Exit Animal and Plant Quarantine

(3) quarantine requirements clearly defined in the trade contracts.

Article 35 The following procedures shall be followed with respect to
animals or plants, their products or other quarantine objects that have
passed quarantine inspection by the animal and plant quarantine office at the
place of consignment upon arrival at the port of exit:

(1) animals shall be subject to clinical quarantine or re-quarantine by
the port animal and plant quarantine office at the point of exit;

(2) for exit plants, animal or plant products or other quarantine
objects with original means of transport from the place of consignment,
clearance shall be given by the exit port animal and plant quarantine office
upon examination of the certificates; for those that change the means of
transport for exit, clearance shall be given upon change of certificates; and

(3) for plants, animal or plant products or other quarantine objects to
be repackaged upon arrival at the exit port, or different quarantine
requirements to be followed as a result of change of the importing country or
region, or those that exceed the prescribed validity of quarantine, a fresh
application for quarantine inspection shall be submitted.

Article 36 When export animals or plants, their products or other
quarantine objects which have passed the quarantine inspection of the port
animal and plant quarantine office at the place of consignment are to be
transported to the exit port, the departments of transportation and
departments of posts and telecommunications shall effect shipment and
delivery on the strength of the quarantine certificate issued by the port
animal and plant quarantine office at the place of consignment, and no
further quarantine shall be performed by other quarantine organs in the
country.
Chapter V Transit Quarantine

Article 37 The transit(including trans-shipment, same below) of animals
or plants, their products or other quarantine objects requires the carrier or
escort to submit the shipping document and the certification issued by the
animal and plant quarantine organ of the government of the exporting country
or region to the port animal and plant quarantine office at the port of entry
for quarantine inspection; for transit of animals, an “Animal Transit Permit”
issued by the State Bureau of Animal and Plant Quarantine shall be presented
in addition.

Article 38 On arrival of transit animals at the entry port, the entry
port animal and plant quarantine office shall carry out treatment of
disinfection of the means of transport, the outside of the containers and
perform clinical quarantine of the animals, and those having passed the
quarantine inspection shall be permitted to transit. The entry port animal
and plant quarantine office may send out quarantine personnel to supervise
the shipment to the exit port whose animal and plant quarantine office shall
perform no further quarantine inspection.

Article 39 The means of transport, packing and containers carrying
transit plants, animal and plant products and other quarantine objects must
be in perfect condition. In the case of discovery, upon inspection by the
port animal plant quarantine office, of the possibility of disintegration or
leakage in transit of the means of transport, the packing or containers, the
carrier or escort shall adopt sealing measures as required by the port animal
and plant quarantine office; there shall be denial of transit for inability
to take sealing measures.
Chapter VI Quarantine of Materials Carried by Passengers or by Post

Article 40 Any plant seeds, seedlings or other propagating materials
carried or posted into the country without going through the formalities of
examination and approval of quarantine inspection in accordance with law,
shall either be returned or destroyed by the port animal and plant quarantine
office. Reasons for the return of the pos

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON THE TRANSMISSION OF THE SUGGESTIONS SUBMITTED BY THE PRESS AND PUBLICATION ADMINISTRATION AND THE STATE SCIENCE AND TECHNOLOGY COMMISSION CONCERNING THE STRENGTHENING OF THE WORK OF SCIENCE AND TECHNOLOGY PUBLICATION

Category	CULTURE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1996-10-03	Effective Date	1996-10-03

Circular of the General Office of the State Council on the Transmission of the Suggestions Submitted by the Press and Publication Administration and the State Science and Technology Commission Concerning the Strengthening of the Work of Science and Technology Publication

Appendix: Suggestions Concerning the Strengthening of the Work of Science

(October 3, 1996)

The “Suggestions submitted by the Press and Publication Administration
and the State Science and Technology Commission Concerning the Strengthening
of the Work of Science and Technology Publication” has been approved by the
State Council and is hereby transmitted to you for implementation.

Appendix: Suggestions Concerning the Strengthening of the Work of Science
and Technology Publication

Since the Third Plenary Session of the Eleventh Central Committee of the
Communist Party of China, the science and technology publication work of our
country has scored outstanding achievements in promoting economic
construction, reform and opening up, advancement of science and technology
and improving the quality of the nationals by adhering to the basic line of
the Party, the orientation of serving the people and the cause of socialism,
by persevering in subordinating itself to and serving the overall Party and
national work. Meanwhile, science and technology undertakings have made
sufficient progress and the basically matching systems of publication,
printing and circulation have taken shape with relatively complete categories
of publications and with the links of editing, printing, circulation and
materials supply. Electronic publications and audio-visual publications have
been brought out with the development and widespread application of
electronic information technology, expanding and extending the areas of
science and technology publication.

The “Decision of the Central Committee of the Communist Party of China
and the State Council on the Acceleration of the Progress of Science and
Technology” has put forward the implementation of the strategy of
reinvigorating the country through development of science and education and
decided on the guiding thought of promoting the development of the national
economy and construction of our country by way of the progress of science and
technology. The Fifth Plenary Session of the Fourteenth Central Committee of
the Communist Party of China has put forth a splendid trans-century program
for the socio-economic development of our country raising new and higher
standards for the undertakings of publication of science and technology. To
this end, the opportunity must be seized to strengthen vigorously the work of
the publication of science and technology and promote the prosperity of the
publishing industry of science and technology, with a view to making greater
contributions to the promotion of the progress of science and technology, the
implementation of the strategy of reinvigorating the country through the
development of science and education and the strategy of sustainable
development.

1. The Guiding Principle and Main Tasks of the Publication Work of
Science and Technology

The undertakings of publication of science and technology constitute a
part of the publishing industry. It is also an important component of the
cause of science and technology. The important role played by the publication
work of science and technology in scientific research, dissemination of
science and technology, promotion of the transformation of scientific and
technological achievements, training of scientific and technological
personnel, improvement of the quality of the entire nation in science,
technology and culture, liquidation of foolishness and superstition and the
strengthening of the building up of spiritual civilization must be fully
realized.

Under the new situation, science and technology publication work must
adhere to Comrade Deng Xiaoping’s theory of building socialism with Chinese
characteristics and the Party’s basic line, hold on to the orientation of
serving the people and the cause of socialism. The thought that “science and
technology constitute the primary productive force” must be resolutely put
into practice and efforts be made in accelerating the progress of science and
technology, promoting economic development and improving the quality of the
nationals. Science and technology publication work must adhere to the
principle of putting social effects first, integration of social effects and
economic results, putting quality first and “orienting towards megr-science
and technology while basing oneself on his or her own specialty”.

The main tasks of science and technology publication work are as follows:
the national development plan for science and technology publication
undertakings shall be worked out in real earnest, the reform of science and
technology publication system deepened, quality of personnel in the
publishing industry improved and standards of technical equipment in the
publishing industry raised, arrangements made for the publication of rich
colorful and multi-level science and technology works, science and technology
teaching materials, science popularization publications and science and
technology periodicals which meet the requirements of society, forming a
multi-channel, multi-level and plural science and technology publication and
distribution network with Xinhua Bookstore as the leading body, centering
round the strategy of reinvigorating the country through the development of
science and education and the sustainable development strategy and with the
objectives of dissemination of scientific and technological information,
popularization of scientific and technological know-how, extension of
scientific and technological achievements, training of scientific and
technological personnel, improvement of the quality of the whole nation in
science and culture and in accordance with the requirements of the Party and
State for the development of science and technology publication undertakings.

2. Deepening of the Reform of Science and Technology Publication System

The deepening of the reform of science and technology publication system
is the key to the smooth implementation and completion of the various tasks
of science and technology publication work during the new period. Further
reform and perfection of science and technology publication system shall be
effected in accordance with the requirements of establishing the system of
socialist market economy, the building of socialist spiritual civilization
and the inherent laws of science and technology publication.

The internal reform of science and technology publication units shall be
further deepened, centering round fostering and standardizing the market for
publications, gradually establishing modern management system of science and
technology publication, raising business operational and managerial levels
and reducing cost; optimization of topic selection and structural adjustment
in the publication of books shall be effected so as to improve scale
efficiency, adaptability, competitiveness and self-development capability of
science and technology publication units.

Science and technology publication units shall practice the on-job
qualification certificate system and multi-level responsibility system of the
director and the chief editor(editor-in-chief), the responsibility system of
the units-in-charge or of the sponsoring units, the responsibility system of
the director and the chief editor(editor-in-chief), and the on-job
responsibility system in publishing houses and in the offices of periodicals.
Competitive mechanisms shall be introduced step by step into the operations
and management of science and technology publication. There shall be open
competition in employment and promotion of editing, publication and
distribution personnel, forming the science and technology publication
personnel management system of fair competition, coordination, cooperation,
rational mobility and to each according to his or her ability.

To effect a change in the state of over minute division of labor, over
narrowness of specialties, dispersion of strength and loose integration
with science and technology undertakings in a number of science and
technology publication units, experiments shall be carried out in horizontal
association of science and technology publication units and establishment of
science and technology publication groups. Encouragement shall be given to
science and technology publication units in centralization of strength,
coordination in division of labor and joint compilation, writing, translation
and publication.

Quality assurance mechanism for science and technology publications shall
be established and perfected. Topic selection study system and the three-
examination system of book drafts(primary examination by the executive editor,
associate examination by the chief of the editorial office and final
examination by the editor-in-chief) shall be adhered to, and editing, proof-
reading and finished product quality inspection shall be done well in real
earnest in strict accordance with the relevant requirements of the state
concerning the quality grade standards and contents of publications. A
rational structure of science and technology publications in basic theories,
applied science and technology and science popularization shall be shaped in
accordance with the requirements of economic construction and the development
of science and technology undertakings. Strong measures shall be taken to
avoid repetition in publication, reduce mediocre publications and those
prepared in a rough and slipshod way, fight acts of pirating and plagiarism
in science and technology publications so as to improve the overall quality
of science and technology publications.

Reform of the distribution system constitutes an important link in the
on-going reform of science and technology publication system. Xinhua
Bookstores at all levels shall do a good job of the distribution of science
and technology publication in all seriousness. A study and improvement of the
distribution of science and technology publications shall be made, proceeding
from the requirements truly instrumental to the development of science and
technology and to satisfy the readers. Encouragement and support shall be
given to the establishment of the network and points of distribution of
science and technology publications and specialized science and technology
bookstores, in accordance with the principle of more channels and less links
in book circulation, while enhancing the role of Xinhua Bookstores as the
main channel. The central cities shall establish a group of specialized
science and technology bookstores or chain bookstores for science and
technology. Xinhua Bookstores at the county level and the supply and
marketing cooperatives shall, in all seriousness, do a good job of the
distribution of science and technology publications as an important work.

Special attention shall be paid to the publication and distribution of
books on agro-science and technology. Publication and distribution of reading
materials of science and technology oriented toward the rural areas and
conducive to the shaping of scientific thinking of the farmers, mastery of
scientific methods, scientific knowledge and applied agro-techniques shall be
placed in a prominent and important position.

Correct guidance and assistance shall be given and administration stepped
up with respect to the distribution of science and technology publications by
collectively-owned and individually-owned bookstores.

Standardized reward and punishment mechanism shall be set up. Units and
individuals making outstanding contributions shall be rewarded in accordance
with the relevant provisions of the state; publication units or individuals
in violation of the regulations and disciplines shall be investigated and
dealt with seriously.

3. Strengthening of Leadership and Administration

All regions and all departments concerned shall, in real earnest,
formulate development plans for science and technology publication and
include in their agenda science and technology publication as an important
work. The work of science and technology publication shall be included in the
annual conference on science and technology and solutions to the practical
questions in the work of science and technology publication sought in
earnest. Departments of press and publication administration and science and
technology administration at all levels shall closely coordinate with each
other, seriously study and formulate policies and rules favorable to the
development of science and technology publication undertakings and try their
best to help solve the practical difficulties of science and technology
publication in the management of the industry.

In accordance with the objectives of economic construction and
development of science and technology, the department of press and
publication administration of the state in conjunction with the department of
science and technology administration and other departments concerned shall
formulate mid-term and long-term development plans for science and technology
publication and publication plans for important science and technology
publications, and organize science and technology publication units
throughout the country in the cooperation in division of labor and in their
comprehensive implementation. All regions and all departments shall include
the plans for science and technology publication in the development plans for
science and technology, and include the publication of key science and
technology books and periodicals of all categories in the development items
of science and technology of the state and the localities, provide guidance
and make arrangements for their implementation. All science and technology
publication units shall likewise formulate their respective plans of key
topic selection for science and technology publication on the basis of
comprehensive investigation and full studies.

4. Creating Good Environmental Conditions for Science and Technology
Publication

All regions and departments shall make arrangements for a certain amount
of funds in the expenditure for scientific research in support of the
publication of major works of science and technology, reading materials for
science popularization and major translations of science and technology. The
state finance has already appropriated special fund for the establishment of
the state foundation for the publication of academic works on science and
technology which is oriented toward the whole country in subsidy for the
publication of important science and technology publication of the state on
merit.

In accordance with the provisions relating to the publication of books on
own expenses, science and technology publication units may make use of social
forces and funds in the publication of academic works on natural science and
engineering technology for scientific research, teaching, enterprises,
institutions, specialists and scholars so as to expand the channel of science
and technology publication.

Reward of excellent special works on science and technology, teaching
materials on science and technology and reading materials for science
popularization shall be further promoted, and excellent special works on
science and technology, teaching materials on science and technology and
reading materials for science popularization shall be included in the
assessment and selection for reward for the state award for the advancement
of science and technology.

Modernization of the science and technology publication units shall be
stepped up by promoting technological transformation and renewal of equipment
and employing modern scientific and technological means to continuously
improve technical levels and labor productivity. Attention should be paid to
the application of new high-technology in science and technology publication,
development of electronic publication and fostering the market for such new
publications as audio-visual publications and electronic publications.

5. Active Development of Cooperation and Exchange with Foreign Countries
in Science and Technology Publication

International cooperation and exchange is one of the important ways in
promoting the development of science and technology publication undertakings
of our country. Attention shall be paid to the introduction of excellent
reading materials on science and technology from abroad in accordance with
the requirements of the development of science and technology publication of
our country. In the meantime, measures shall be taken to step up the export
of science and technology publications, develop and widen the world market
and promote exchange with foreign countries.

Attention shall be paid to the introduction of science and technology
books which are of positive significance to the socio-economic development
and scientific and technological progress of our country from abroad by way
of copyright trade in a planned way for timely translation and publication in
the country. In the meantime, translation and publication of China’s
excellent books on science and technology abroad shall be promoted. Copyright
management shall be strengthened and efforts intensified in the enforcement
of law to protect intellectual property rights.

6. Active Training of the Trans-Century Ranks for Science and Technology
Publication

Strengthening the building up of leader groups. Selection and promotion
shall be made for leading positions of science and technology publication
units of persons of good political quality, familiar with science and
technology publication business and having high management skills. Training,
selection and promotion of trans-century young talents for science and
technology publication and management shall be done well.

Strengthening the building up of science and technology publication
ranks. Professional training and vocational moral education of all categories
of personnel of science and technology shall be conducted and the on-job
qualification certificate system shall be gradually introduced. Editors, in
particular, shall renew their knowledge, improve their professional level and
reinforce the enterprising spirit. Personnel in editorial work must have a
professional qualification of at least university graduate.

SUPPLEMENTARY PROVISIONS TO THE INTERIM PROVISIONS ON ADMINISTRATION OF ENVIRONMENTAL PROTECTION ON WASTES IMPORT MADE BY THE STATE ENVIRONMENTAL PROTECTION ADMINISTRATION, THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION, THE GENERAL ADMINISTRATION OF CUSTOMS, THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE, THE STATE ADMINISTRATION FOR COMMODITY INSPECTION

The State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs, the State Administration for Industry and Commerce, the State Administration for Commodity Inspection

Notice of the State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs, the State Administration for Industry and Commerce and the State Commodity Inspection Administration on Interim Provisions
on Administration of Environmental Protection in Cases of Wastes Import

Huan Kong [1996] No. 629

The environmental protection administration of every province, autonomous region, municipality directly under the Central Government
and every city specifically designated in the state plan, the Foreign Economic and Trade Commission (or Bureau), the Administration
for Industry and Commerce, the Sub-Administration of Customs of Guangdong, the customs offices directly affiliated to the General
Administration of Customsthe commodity inspection bureau directly affiliated to the State Commodity Inspection Bureau, the municipal
special commissioners’ offices of the Ministry of Foreign Trade and Economic Cooperation:

Supplementary Provisions to the Interim Provisions on Administration of Environmental Protection on Wastes Import are hereby promulgated
and please carry out.

Notice is hereby given.

The State Environmental Protection Administration

The Ministry of Foreign Trade and Economic Cooperation

The General Administration of Customs

The State Administration for Industry and Commerce

The State Commodity Inspection Administration

July 26, 1996

Supplementary Provisions to the Interim Provisions on Administration of Environmental Protection on Wastes Import made by the State
Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs,
the State Administration for Industry and Commerce, the State Administration for Commodity Inspection

In order to further strengthen the environmental protection management on import of wastes, prevent wastes from overseas into our
country, the following supplementary provisions are formulated to the Interim Provisions on Administration of Environmental Protection
on Wastes Import (HuanKong [1996] No.204, hereinafter referred to as the Interim Provisions):

Import of wastes means the entry of all wastes (including waste materials) into the territory of the People’s Republic of China in
any mode of trade and in the form of gratuity or donation.

The State Administration for Import and Export Commodity Inspection (hereinafter referred to as the State Commodity Inspection Administration)
administers, in a unified manner, the inspection work of imported wastes throughout the country. Wastes permitted by the State to
import must be subject to inspection prior to loading and shipping, and specific management measures are formulated by the State
Commodity Inspection Administration for implementation.

Import of wastes must meet the requirements of relevant mandatory standards of our country. The import contracts of wastes signed
by the units of import of wastes with overseas traders must specify the quality of wastes to be imported and clauses on pre-loading
and shipping inspection, stipulate prohibition of living refuses, hazardous wastes under control by the Basel Convention on the Control
of Trans-boundary Movements of Hazardous Wastes and Their Disposal and other wastes, and stipulate that imported wastes must be inspected
prior to loading and shipping by the Chinese commodity inspection organization or other inspection organizations designated or approved
by the State Commodity Inspection Administration and can be loaded and shipped only after they pass the inspection.

Foreign trade transportation departments shall, at the time of accepting applications for transportation of imported wastes, require
the pre-loading and shipping inspection certificate of imported wastes issued by the Chinese commodity inspection organization or
inspection organizations designated or approved by the State Commodity Inspection Administration of China in addition to requiring
the applicant to providing the Certificate of Approval for Import of Wastes issued by the State Environmental Protection Administration.
It is forbidden to transport wastes into China in the form of TO ORDER.

The units of import of wastes shall, 10 days prior to the arrival of import wastes at the ports, inform the commodity inspection organizations
at the ports for inspection.

After the import wastes arrive at the port of our country, the consignee shall first declare to the Customs by presenting relevant
documents such as the first portion of the Certificate of Approval for Import of Wastes and Customs declaration form (excluding the
commodity inspection certificate), and then the consignee shall apply to the commodity inspection organization at the port for inspection
by presenting the Certificate of Approval for Import of Wastes and pre-loading and shipment inspection certificate as well as other
necessary documents. The port commodity inspection organization conducts inspection into the imported wastes, and issues the Inspection
Notification to those passing the inspection, and the Customs give their clearance according to the Notification. If any problem
is discovered, it shall immediately notify the Customs and the local competent administrative department of environmental protection
for handling according to law.

Any imported wastes without the Certificate of Approval for Import of Wastes may not be stored in the bonded warehouse.

No enterprise may engage in transit trade of wastes.

Enterprises importing wastes in the form of processing trade shall go through the registration procedures of processing trade contracts
with the Customs by presenting the Certificate of Approval for Import of Wastes issued by the State Environmental Protection Administration.

10.

The Certificate of Approval for Import of Wastes in Attachment 3 of the Interim Provisions is revised. On the front side, the column
“port of import” is added, and on the back side, the column “port of arrival” is revised to “Quantity of the current shipment of
import”, and the column “Quantity” is revised to “Quantity not yet imported” .The third portion of the old Certificate of Approval
for Import of Wastes is revised to the copy for the foreign trade transportation carrier for file.

11.

If anyone transfers or speculates in the Certificate of Approval for Import of Wastes of the State Environmental Protection Administration,
the State Environmental Protection Administration revokes his Certificate of Approval for Import of Wastes, and concurrently suspends
or cancels his qualifications for import, processing or utilization of wastes.

12.

These Provisions shall enter into force as of August 1, 1996.

The State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General
Administration of Customs, the State Administration for Industry and Commerce, the State Administration for Commodity Inspection
1996-07-26

REGULATIONS ON THE FOREIGN EXCHANGE SYSTEM OF THE PEOPLE’S REPUBLIC OF CHINA

Regulations on the Foreign Exchange System of the People’s RepubLic of China

Issued on April 4, 1996, modified on January 14, 1997)

Whole document

Chapter I General provisions

Article 1

These regulations are formulated with a view to improving the

management of the exchange system, maintaining an equilibrium in the

balance of payments and promoting sound economic growth.

Article 2

The government agencies of the State Council in charge of the

administration of the exchange system and their local offices (hereafter

the exchange administration agencies for both) shall exercise exchange

management in accordance with the law and assume the responsibility for

the implementation of the regulations.

Article 3

Foreign exchange as referred to in the regulations includes means of

payments and assets denominated in foreign currency for international

settlement as the following:

1. foreign currencies, including bank notes and coins;

2. payment instruments denominated in foreign currency, including

bills, bank certificate of deposit and certificate of postal deposit etc.

3. securities denominated in foreign currency, including government

bonds, corporate debentures and stocks etc.;

4. Special Drawing Rights and European Currency Units; and

5. other assets denominated in foreign currency.

Article 4

The payment in and transfer of foreign exchange for current

international transactions shall not be subject to the government control or restriction.

Article 5

The regulations shall govern all activities related to the receipts

and payments of foreign exchange as well as foreign exchange operations ofdomestic entities, individuals, foreign establishments,
and foreign

nationals in China.

Article 6

The government adopts a reporting system for balance of payments

statistics. All entities and individuals involved in balance of payments

transactions shall fulfill their obligations for reporting balance of

payments statistics.

Article 7

Foreign currency is prohibited for circulation and shall not be quoted

for pricing or settlement in the territory of the People’s Republic of

China.

Article 8

All entities and individuals shall have the right to reveal or expose

any activities in violation of the regulations on exchange management.

All entities and individuals who reveal, expose or assist in stopping

various activities in violation of exchange regulations on exchange

management shall be rewarded and the confidentiality of their identity

shall be ensured.

Chapter II Foreign exchange for current account transactions

Article 9

All foreign exchange receipts of domestic entities for current account

transactions shall be repatriated and shall not be deposited abroad in

violation of the relevant government regulations without authorization.

Article 10

All foreign exchange receipts for current account transactions shall

be sold to the designated foreign exchange banks in accordance with the

regulations issued by the State Council on the sale and purchase of

foreign exchange and making payments in foreign exchange, and such

receipts may also be upon approval, deposited in the foreign exchange

account at the designated banks for foreign exchange operations.

Article 11

Purchase of foreign exchange for current account transactions shall be

conducted with the designated foreign exchange banks, in accordance with

the regulations issued by the State Council on the sale and purchase of

foreign exchange and making payments in foreign exchange, upon the

presentation of valid documents and commercial bills.

Article 12

The collection of export proceeds and the payments for imports in

foreign exchange by domestic entities shall be processed in accordance

with the relevant government regulations governing the verification

procedures for export proceeds and import payments.

Article 13

Foreign exchange owned by individuals can be held at their own

discretion, deposited in banks or sold to the designated foreign exchange

banks.

Individuals’ foreign exchange savings deposit shall be placed with

banks on a voluntary basis, withdrawn freely and bear interest with

confidentiality for depositors’ identity ensured.

Article 14

The purchase of foreign exchange for personal travel abroad and other

miscellaneous expenses shall be granted within the specified limit.

Individuals may apply for the purchase of foreign exchange over and above the limit at the government agencies in charge of foreign
exchange. And the request for such purchase shall be approved if it proves to be for bona fide transactions.

Individuals carrying foreign exchange into or out of China shall

declare their foreign exchange in the customs office. Individuals shall

present to the customs office valid documents for carrying a large sum of foreign exchange exceeding the specified limit.

Article 15

The remittance and/or carrying of foreign exchange abroad for such

income derived from the possession of assets in China shall be granted

upon the presentation of the specific certifying documents at the

designated foreign exchange banks.

Article 16

Foreign assets held by Chinese citizens residing in China in the form

of payment instruments and securities denominated in foreign currency etc.

shall not be taken or sent abroad without authorization of the exchange

administration agencies.

Article 17

The purchase of and payment in foreign exchange abroad for the

legitimate income in Renminbi for foreign establishments and foreign

nationals in China shall be granted upon the presentation of the

supporting documents and statement of charges at the designated foreign

exchange banks.

Article 18

Foreign exchange sent or carried in by foreign establishments and

foreign nationals in China can be held at their own discretion, deposited

in designated banks or sold to the designated foreign exchange banks. Such

foreign exchange can also be remitted or taken abroad upon the

presentation of valid documents.

Chapter III Foreign exchange for capital account transactions

Article 19

Unless otherwise specified by the State Council, all foreign exchange

receipts for capital account transactions shall be repatriated.

Article 20

All foreign exchange receipts for capital account transactions shall

be placed in the foreign exchange account at the designated foreign

exchange banks in accordance with the relevant government regulations;

such receipts can be also sold to the designated foreign exchange banks

upon the approval by the exchange administration agencies.

Article 21

The source of foreign exchange for overseas investment by domestic

entities shall be reviewed by the exchange administration agencies before

the application for such investments is filed for approval by the relevant

government agencies. If approval is granted, remittance of funds shall

then take place in accordance with the regulations on overseas investment

issued by the State Council.

Article 22

External borrowing in loans shall be undertaken in accordance with the

relevant regulations by the government agencies designated by the State

Council, financial institutions and other enterprises duly authorized by

government agencies of the State Council in charge of exchange

administration.

External borrowing in loans by foreign-funded enterprises shall be

filed with the exchange administration agencies for records.

Article 23

The issue of bonds abroad denominated in foreign currency by financial

institutions requires the approval by the government agencies of the State

Council in charge of exchange administration before the issue proceeds in

accordance with the relevant government regulations.

Article 24

External guarantee shall only be offered by qualified financial

institutions and enterprises meeting the government requirements and

subject to the approval by the exchange administration agencies.

Article 25

The government adopts a registration system for external debt. All

domestic entities shall register external debt in accordance with the

regulations formulated by the State Council on monitoring statistics of

external debt.

The government agencies of the State Council in charge of exchange

administration shall take the responsibility for collecting and monitoring

statistics of external debt and publish these statistics on a regular

basis.

Article 26

The currency holding denominated in Renminbi belonging to the foreign

counterparts of foreign-funded enterprises, having been terminated in

accordance with the law, can be converted into foreign exchange at the

designated foreign exchange banks and then sent or taken abroad after the

liquidation and tax payments. All the foreign exchange belonging to the

Chinese counterpart investors shall be sold to the designated foreign

exchange banks.

Chapter IV Foreign exchange operations for financial institutions

Article 27

Financial institutions shall have the approval by the exchange

administration agencies for conducting foreign exchange transactions, and

a license for such operations is also required.

No entities or individuals are allowed to undertake foreign exchange

operations without the approval by the exchange administration agencies.

Financial institutions duly authorized for foreign exchange operations

shall never operate beyond the approved business scope.

Article 28

Financial institutions duly authorized for foreign exchange operations

shall open foreign exchange accounts for their clients and conduct

business operations in accordance with the relevant government

regulations.

Article 29

Financial institutions undertaking foreign exchange operations shall

be subject to the reserve requirement for foreign exchange in accordance

with the relevant government regulations, comply with the regulations on asset and liability ratios concerning their foreign exchange
operations

and set aside provisioning reserves.

Article 30

Designated foreign exchange banks shall use their own-funds in

Renminbi to purchase foreign exchange.

The foreign exchange revolving funds used by designated foreign

exchange banks for settlement shall be within a specified limit, the

magnitude of which shall be decided upon by the People’s Bank of China in consideration of the actual circumstances.

Article 31

The foreign exchange operations by financial institutions are subject

to inspection and supervision by the exchange administration agencies.

Financial institutions undertaking foreign exchange operations shall

submit to the exchange administration agencies the balance sheet, income

statement, other financial reports and information for foreign exchange

operations.

Article 32

Financial institutions shall file with the exchange administration

agencies for the termination of foreign exchange operations. Once the

termination of foreign exchange operations is approved, these financial

institutions shall settle their claims and liabilities in foreign

currencies and have their license for foreign exchange operations revoked.

Chapter V Renminbi exchange rate and foreign exchange market

Article 33

The exchange rate for Renminbi is a single, managed floating exchange

rate based on market demand and supply.

The People’s Bank of China announces the exchange rate of Renminbi

against major currencies on the basis of the prevailing exchange rates in

the inter-bank foreign exchange market.

Article 34

The trading of foreign exchange in the market shall comply with the

principle that advocates transparency, openness, fairness, and honesty.

Article 35

The number of currencies traded in the market and the trading methods

are decided upon and reviewed by the government agencies of the State

Council in charge of the administration of the exchange system.

Article 36

Designated foreign exchange banks and other financial institutions

involved in foreign exchange operations are dealers in the inter-bank

foreign exchange market.

Based on the exchange rates announced by the Peoples Bank of China and

the specified margins, designated foreign exchange banks and other

financial institutions undertaking foreign exchange operations can quote

the buying rate and selling rate for their clients and conduct the trading of foreign exchange accordingly.

Article 37

The government the agencies of the State Council in charge of the

administration of exchange system shall supervise the foreign exchange

market cross the country in accordance with the law.

Article 38

In light of the orientation of monetary policy and the developments in

foreign exchange market, the People’s Bank of China shall regulate foreign exchange market in accordance with the law.

Chapter VI Legal responsibilities

Article 39

To penalize the evasion scheme listed as follows, the exchange

administration agencies shall order the foreign exchange in question to be repatriated, impose its conversion and place a penalty
fine in the range of more than 30 percent and less then 5 times the amount of foreign exchange under the evasion scheme. In case
of criminal offense, a criminal suit shall proceed:

1. to place foreign exchange deposit abroad without authorization and

in violation of government regulations;

2. to act in defiance of the government regulations on the sale of

foreign exchange to the designated foreign exchange banks;

3. to remit or take foreign exchange abroad in violation of the

government regulations;

4. to take or mail abroad through postal services certificates of

foreign exchange deposit and securities denominated in foreign currencies

without authorization of the exchange administration agencies; and

5. other types of exchange evasion scheme.

Article 40

to penalize the illegal exchange arbitrage listed as follows, the

exchange administration agencies shall serve a warning, impose the

conversion of foreign exchange and place a penalty fine in the range of

more than 30 percent and less then 5 times the amount of foreign exchange

under the arbitrage scheme. In case of criminal offense, a criminal suit

shall proceed:

1. to pay, in violation of the government regulations, in Renminbi or

in kind for imports that require payment in foreign exchange or for other

similar types of expenses;

2. to pay in Renminbi for local expenses on behalf others and get paid

back in turn in foreign exchange;

3. to invest in China on the part of overseas investors in Renminbi or

with goods purchased locally without authorization of the exchange

administration agencies;

4. to purchase foreign exchange from designated foreign exchange banks

with invalid documents, contracts and bills; and

5. other types of illegal arbitrage activities.

Article 41

The exchange administration agencies shall confiscate the illegal

income generated from unauthorized foreign exchange operations undertaking without approval by the exchange administration agencies
and order the stop of such operations. In case of criminal offense, a criminal suit shall proceed.

The exchange administration agencies shall order the financial

institutions that conduct any activities without authorization beyond the prescribed business scope for foreign exchange operations
to redress the case, confiscate the illegal income, if any, and impose a penalty fine in the range of one to five times the amount
of the illegal foreign exchange income; if no illegal income is involved, a penalty fine of 100, 000 to 500, 000 Yuan shall be
imposed.

In case of serious offense or failure to redress the case in time,

the exchange administration agencies shall order these institutions to

rectify their business or revoke their license for foreign exchange

operations. In case of criminal offense, a criminal suit shall proceed.

Article 42

In case that designated foreign exchange banks fail to comply with the

government regulations on the sale and purchase of foreign exchange, the

exchange administration agencies shall order the banks to redress the

case, issue a public reprimand, confiscate the illegal income and impose a penalty fine in the range of 100, 000 to 500, 000 Yuan.
In case of serious offense, operations for the sale and purchase of foreign exchange

shall be suspended.

Article 43

In case that financial institutions act in violation of the

regulations governing exchange rate, deposit and lending rates for foreign

exchange and operations in foreign exchange market, the exchange

administration agencies shall order the institutions to redress the case,

issue a public reprimand, confiscate the illegal income and impose a

penalty fine in range of one to five times the amount of the illegal

income in question. If no illegal income is involved, a penalty fine in

the range of 100, 000 to 500, 000 Yuan shall be imposed. In case of

serious offense, the exchange administration agencies shall order the

institutions to rectify their business or revoke their license for foreign

exchange operations.

Article 44

To penalized any activity listed as follows undertaken by domestic

entities in violation of the regulations governing external debt, the

exchange administration agencies shall serve a warning, issue a public

reprimand and impose a penalty fine in the range of 100, 000 to 500, 000

Yuan. In case of criminal offense, a criminal suit shall proceed:

1. to process external borrowing without authorization;

2. to issue bonds denominated in foreign currency abroad without

authorization and in violation of the relevant government regulations;

3. to provide guarantee for external obligations without authorization

and in violation of the relevant government regulations; and

4. other activities in violation of the regulations on external debt.

Article 45

In case that the domestic entities undertake any activity involving

illicit use of foreign exchange listed as follows, the exchange

administration agencies shall order these entities to redress the case,

impose the conversion of foreign exchange, confiscate the illegal income

and impose a penalty fine no more than the equivalent amount of foreign

exchange in question. In case of criminal offense, a criminal suit shall

proceed:

1. to use foreign exchange in China for pricing or settlement;

2. to pledge foreign exchange in lien without authorization; and

3. to change the designated use of foreign exchange without

authorization; and

4. other types of illicit use of foreign exchange.

Article 46

To penalize unauthorized trading, disguised trading and illicit

merchanting of foreign exchange, the exchange administration agencies

shall serve a warning, impose the conversion of foreign exchange, and

place a penalty fine in the range of more than 30 percent of and less than

3 times the amount of the foreign exchange in question. In case of

criminal offense, a criminal suit shall proceed.

Article 47

In case that domestic entities open foreign exchange accounts in China

or abroad without authorization, rent, transfer of arbitrage foreign

exchange accounts in violation or the regulations governing foreign

exchange account or use the foreign exchange beyond the designated purpose

without authorization, the exchange administration agencies shall order

these entities to redress the case, close the foreign exchange accounts,

issue a public reprimand and impose a penalty fine in range of 50, 000 to

3000, 000 Yuan.

Article 48

In case that domestic entities forge, alter, rent, transfer or make a

multiple use of the verification certificate for import payment and export

proceeds in violation of the regulations governing the verification

procedures for foreign exchange, or fail to comply with verification

procedures prescribed by the relevant regulations, the exchange

administration agencies shall serve a warning, issue a public reprimand,

confiscate the illegal income and impose a penalty fine in the range of

50, 000 to 300, 000 Yuan. In case of criminal offense, a criminal suit

shall proceed.

Article 49

In case that financial institutions, duly authorized to undertake

foreign exchange operations, act in violation of the Article 29 and 31,

the exchange administration agencies shall order these institutions to

redress the case, issue a public reprimand and impose a penalty fine in

the range of 50, 000 to 300, 000 Yuan.

Article 50

If the party penalized for violation contests the verdict and the

penalty imposed by the exchange administration agencies, the party may

appeal to the exchange administration agencies at the immediate higher

level to review the case within 15 days after receiving the penalty

notice; the exchange administration agencies at the immediate higher level

shall decide on the review within two months after receiving the appeal

for review. If the party contests the review decision, the party may

appeal to the People’s Court in accordance with the law.

Article 51

Domestic entities acting in violation of the regulations on exchange

management shall be penalized in accordance with these regulations; and

the management and those directly responsible for the violation shall be

disciplined. In case of criminal offense, a criminal suit shall proceed.

Chapter VII Ancillary provisions

Article 52

The definitions of the terms in these regulations are as follows:

1. “domestic entities” refer to enterprises and pubic institutions,

government agencies, social organizations and armed forces etc., including

foreign-funded enterprises.

2. “designated foreign exchange banks” refer to banks duly authorized

by the exchange administration agencies to undertake the sale and purchase

of foreign exchange.

3. “individuals” refer to Chinese citizens and foreign nationals

staying in China for more than one year.

4. “foreign establishments” in China refer to foreign diplomatic

agencies in China, consulates, resident representative offices in China

and offices of foreign non-government organizations in China etc..

5. “foreign nationals” in China refer to resident staff members of

foreign establishments in China, foreigners working for domestic entities

in China and overseas foreign students etc. .

6. “current account transactions” refer to those components in the

current account of the balance of payments, such as goods, services and

unilateral transference..

7. “capital account transactions” refer to the increase and decrease

of assets and liabilities in the balance of payments as a result of the

inflow and outflow of capital, including direct investment, loans and

portfolio investment’ etc..

Article 53

The exchange regulations governing bonded areas shall be formulated

separately by the exchange administration agencies of the State Council.

Article 54

The exchange regulations governing border trade and counter-trade of

border residents shall be formulated separately by the exchange

administration agencies of the State Council on the basis of these

regulations.

Article 55

These regulations shall take effect April 1, 1996. The Regulations on

the Exchange System of the People’s Republic of China issued by the State

Council on December 18, 1980 and the related detailed rules shall be

repealed at the same time.

legalinfo.gov

EDITOR:Victor

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE TRANSMISSION OF THE SUGGESTIONS OF THE STATE COMMISSION FOR STRUCTURAL REFORM AND THREE OTHER MINISTRIES REGARDING THE EXTENSION OF THE SCOPE OF EXPERIMENT OF THE REFORM OF THE MEDICARE SYSTEM FOR WORKERS AND STAFF MEMBERS

Category	PUBLIC HEALTH AND MEDICINE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1996-05-05	Effective Date	1996-05-05

Circular of the General Office of the State Council Concerning the Transmission of the Suggestions of the State Commission for Structural Reform and Three Other Ministries Regarding the Extension of the Scope of Experiment of the Reform of the Medicare System for Workers and Staff Members

Appendix: SUGGESTIONS OF THE STATE COMMISSION FOR STRUCTURAL REFORM, THE

(May 5, 1996)

“The Suggestions Regarding the Extension of the Scope of Experiment of the
Reform of the Medicare System for Workers and Staff Members” (hereinafter
referred to as the “Suggestions”) of the State Commission for Structural
Reform, the Ministry of Finance, the Ministry of Labour and the Ministry of
Public Health have been approved by the State Council and are hereby
transmitted to you for earnest implementation.

The reform of the medicare system for workers and staff members
constitutes an important component part of the reform of the social security
system in China. To advance the reform of the medicare system for workers and
staff members so as to establish a new-type medical insurance system for
workers and staff members, the State Council has decided to extend the scope
of experiment by further selecting a number of cities where conditions are
ripe nationwide in 1996 on the basis of the experiment of the reform of the
medicare system for workers and staff members carried out in Zhenjiang City,
Jiangsu Province and Jiujiang City, Jiangxi Province. The General Office of
the State Council convened a “National Working Meeting on the Extension of the
Scope of Experiment of the Reform of the Medicare System for Workers and Staff
Members” from April 8 to 11 in Zhenjiang City. The “Suggestions” which have
been formulated by the Commission and the three Ministries concerned on the
basis of summing up the experiences gained in experiments in Zhenjiang,
Jiujiang and other cities, extensive investigations and studies as well as
widely seeking opinions, is a document which provides guidance in doing a good
job of the extension of the scope of experiment of the reform of the medical
insurance system for workers and staff members.

The reform of the medicare system for workers and staff members is an
extremely complicated job which concerns the practical interests of the broad
masses of workers and staff members, is highly policy-oriented and involves
wide segments of society. People’s governments of all the provinces
(autonomous regions and municipalities) directly under the Central Government
and the departments concerned shall earnestly implement the spirit of the
“National Working Meeting on the Extension of the Scope of Experiment of the
Reform of the Medicare System for Workers and Staff Members” and unfold the
work of the extension of the scope of experiment of the reform in a positive
and sound manner. To this end, the following requirements are hereby put forth:

1. People’s Governments of all provinces (autonomous regions and
municipalities) directly under the Central Government should pay great
attention to this reform, earnestly strengthen leadership and practice the
responsibility system of the leading member in charge by clearly designating a
leading comrade in charge to be responsible for this work. They should unify
ideas, enhance consciousness and confidence by organizing the study of the
speech by State Councillor Peng Peiyun at the National Working Meeting on the
Extension of the Scope of Experiment of the Reform of the Medicare System for
Workers and Staff Members and the “Suggestions”, as well as the experiences of
Zhenjiang City and Jiujiang City.

2. The work of the reform of the medicare system for workers and staff
members of the cities undergoing the experiment shall be organized and carried
out under the leadership of the provinces (autonomous regions and
municipalities) directly under the Central Government. The people’s government
of every city undergoing the experiment should clearly designate a major
leading comrade to be responsible for the work. The departments concerned of
the State Council should step up guidance of the work of the cities undergoing
the experiment. Cities engaging in the experiment should try their best to
formulate practical and applicable proposals of implementation within six
months on the basis of extensive investigation and study and meticulous
predictions and calculations, according to the objectives and principles of
the reform stipulated in the “Suggestions” and in the light of the actual
conditions of the localities. The proposals shall be implemented upon
examination and approval by the people’s governments of the provinces
(autonomous regions and municipalities) directly under the Central Government
and be submitted to the Leading Group of the Experiment of the Reform of the
Medicare System for Workers and Staff Members under the State Council for the
record. Official launching of the experiment should be before the end of 1996.

3. All localities should make full use of such news and publicity media as
broadcasting, television, newspapers, periodicals and magazines in extensive
publicity and motivation to propagate the significance, objectives,
principles, policies and approaches of this reform and to popularize the
knowledge of medical insurance so as to win the understanding and support of
the broad masses of workers, staff members and medical personnel of this
reform.

4. The extension of the scope of experiment of the reform of the medicare
system for workers and staff members shall earnestly follow the principle of
territory. Organs at the central and provincial (autonomous regional and
municipal) levels and their subordinate enterprises and institutions should
all partake in the experiment of the reform of the medicare system for workers
and staff members in the localities where they are located, and carry out the
unified reform proposals of implementation of the localities.
Appendix: SUGGESTIONS OF THE STATE COMMISSION FOR STRUCTURAL REFORM, THE
MINISTRY OF FINANCE, THE MINISTRY OF LABOUR AND THE MINISTRY OF PUBLIC HEALTH
CONCERNING THE EXTENSION OF THE SCOPE OF EXPERIMENT OF THE REFORM OF THE
MEDICARE SYSTEM FOR WORKERS AND STAFF MEMBERS
(April 22, 1996)

The existing medicare system for workers and staff members (including free
medical care and labour protection medical care) in China played an important
role in the past in the protection of the health of workers and staff members,
the promotion of economic growth and the maintenance of social stability.
However, with the development of economy and deepening of the reform, problems
have become increasingly prominent and a reform is bound to take place.

To advance the reform of the medicare system for workers and staff
members, the State Council conducted an experiment of the reform of the
medicare system for workers and staff members in Zhenjiang City, Jiangsu
Province and Jiujiang City, Jiangxi Province starting from the first half year
of l994, in accordance with the decision of the Third Plenary Session of the
Fourteenth Central Committee of the Chinese Communist Party. During the one
year or more, the experiment progressed smoothly and initial results have been
achieved: a new mechanism for the raising of medical funds has been
established; the level of basic medical care for workers and staff members has
been raised; the momentum of over-growth of medical expenditure has been
curbed; a push has been given to the internal reform of medical institutions;
and a certain amount of experiences has been accumulated for further deepening
the reform of the medicare system. In view of the fact that the reform of the
medicare system for workers and staff members is an extremely complicated work
which concerns the practical interests of the broad masses of workers and
staff members, is highly policy-oriented and involves wide segments of
society, and to gain further experience, in accordance with the requirements
of gradual establishment of the medicare system based on the combination of
the unifiedly raised social medical funds of the cities and towns and
individual medical accounts and quickening the pace of reform of the medicare
system during the “Ninth Five-Year Plan” period contained in the “Program of
the Ninth Five-Year Plan of National Economic and Social Development and 2010
Perspective Goals of the People’s Republic of China” adopted at the Fourth
Session of the Eighth National People’s Congress, the State Council has
decided on the basis of the experiment of Zhenjiang City and Jiujiang City, to
further select a number of cities where the conditions are mature to extend
the scope of experiment of the reform of the medicare system for workers and
staff members in a planned way and step by step.

1. Objective and Basic Principles of the Reform

The objective of the reform is to establish the social medical insurance
system based on the combination of the unifiedly raised social medical funds
and individual medical accounts and it will gradually cover all the laborers
in cities and towns in keeping with the requirements of establishing the
system of socialist market economy and raising of the health level of workers
and staff members.

The basic principles of the establishment of the social medical insurance
system for workers and staff members are as follows:

(1) Provision of basic medicare for all laborers in cities and towns to
facilitate the shaping of a comprehensive social security system.

(2) The Level and mode of basic medicare have to be in keeping with the
level of growth of social productivity in China and the capabilities of all
sides involved to bear, with rational tripartite burden-sharing of the medical
costs on the part of the State, units and workers and staff members.

(3) Combination of fairness with proficiency. Basic medicare treatment
enjoyed by workers and staff members shall be appropriately linked with
individual contributions to the society to mobilize the enthusiasm of workers
and staff members.

(4) The Reform of the medicare system for workers and staff members should
help reduce the social burden of enterprises and institutions, be conducive to
the transformation of operations mechanism of the state-owned enterprises and
the establishment of modern enterprise system.

(5) Establishment of restraining mechanisms on medical personnel and
patients, promotion of deepening reform of medical institutions, strengthening
of internal administration, upgrading of quality of medical service and
improvement in efficiency, curbing of waste and establishment and perfection
of rational compensation mechanism for medical institutions.

(6) Advancement of regional public health planning, promotion of
socialization of medical institutions of enterprises and institutions in a
planned way and step by step and gradual realization of optimal deployment and
rational utilization of public health resources.

(7) A synchronous reform of the systems of free medical care and labour
protection medical care shall be carried out in accordance with unified system
and policy. The mode of raising medical insurance funds for workers and staff
members and the basic structure of the funds should be uniform. Separate
management and independent accounting can be practiced in the utilization of
the funds.

(8) Separation of the government from the institutions shall be followed.
The government departments in charge shall formulate policies, rules and
regulations and standards; the collection, payment and operations of the
medical insurance funds for workers and staff members shall be undertaken by
the relatively independent social medical insurance institutions; the
administration and supervision shall be enhanced so as to ensure rational
utilization of the funds.

(9) Budgetary management shall be practiced with regard to the medical
insurance funds for workers and staff members. The special funds shall be used
for designated purposes and shall not be withdrawn for other purposes, nor
shall the funds be used to balance financial budget.

(10) The principle of territory shall be followed in the establishment of
the medical insurance system for workers and staff members. Organs at the
central and provincial (autonomous regional, municipal) levels and their
subordinate enterprises and institutions shall partake in the social medical
insurance of the localities where they are located and follow uniform
standards for fees and reform proposals of the localities.

2. Main Contents of the Extension of Experiment

(1) Raising of medical insurance funds for workers and staff members

Medical insurance funds for workers and staff members shall be contributed
to mutually by the employer unit and individual workers and staff members.

The contribution by the employer unit: the rate of contribution by the
employer unit shall be determined by the people’s government of the city
undergoing experiment with reference to the ratio of the actual expenditure of
medical expenses for workers and staff members in the total wage bill of the
workers and staff members of the city in the three preceding years. The
employer unit shall contribute to the medical insurance funds according to the
said rate for the workers and staff members of the unit.

Authorities empowered with examination and approval of the rate of
contribution to the medical insurance funds for workers and staff members are:
the rate of contribution not exceeding 10 percent of the total wage bill of
workers and staff members shall be approved by the people’s governments of
provinces (autonomous regions, municipalities) directly under the Central
Government; those exceeding 10 percent shall be submitted to the Ministry of
Finance for approval upon examination by the people’s governments of provinces
(autonomous regions, municipalities) directly under the Central Government.

In accordance with the division of powers between institutions and
finance, medical expenses of local units shall be borne by the finance of the
locality, the employer units and individual workers and staff members, and the
central finance shall give no subsidy. In determining the ratio of raising of
resources for the medical insurance funds, the localities shall take into full
account the requirements to ensure the basic medicare for workers and staff
members and the burden-sharing capabilities of local finance, enterprises and
institutions, and shall not compete with one another haphazardly.

Sources of contribution by the employer units: For administrative organs,
institutions with full budget management and hospitals under ownership by the
whole people with budget differentials control, the expenditure shall come
from resources within the budget of the units; for other institutions with
budget differentials control and institutions with budget control of
independent revenue and expenditure, the expenditure shall be from the medical
insurance funds drawn by the units; for serving workers and staff members of
enterprises, the expenditure shall come from the welfare funds for workers and
staff members, for those on honorary retirement and other retired personnel,
the expenditure shall come from the labour protection insurance funds.

The collection of medical policy premiums paid by workers and staff
members can be entrusted to banks to ensure timely collection. The base figure
of premium payment to the medical insurance funds shall be calculated in
strict accordance with the scope of statistics of the total wage bill of
workers and staff members stipulated by the State Statistical Bureau. For the
concealment in submitting the total wage bill, deliberate deferrals or refusal
of payment of medical insurance premiums by units, the departments concerned
in the cities undergoing experiment shall stipulate corresponding penalty
provisions in accordance with law.

In principle, cities at the prefectural level shall be the units for
unified raising of medical insurance funds for workers and staff members. For
cities undergoing experiment with districts and counties (cities) under their
jurisdiction having great discrepancies in the level of economic growth, there
could be slight differences in the ratio of raising for the medical insurance
funds. Specific measures shall be stipulated by the people’s governments of
the cities undergoing experiment.

Individual contributions by workers and staff members: to start with, the
contribution of one percent of the worker’s wage income shall be deducted by
the employer unit from the wages for workers and staff members. The percentage
shall be raised gradually in the future with economic growth and wage increase.

Workers and staff members in private-owned enterprises and Chinese workers
and staff members in enterprises with foreign investment should take part in
local social medical insurance. In principle, the mode of contribution and
their medical treatment shall follow the uniform policies and standards of the
localities.

Individual labourers in cities and towns may take part in social medical
insurance. The rate of their medical policy premiums shall follow the average
level of the localities and shall be borne entirely by the individuals.

(2) Opening of individual medical accounts for workers and staff members
and setting up of the unifiedly raised social medical insurance funds

The medical policy premiums paid by individual workers and staff members
and part of the medical insurance fees (generally not less than 50 percent)
paid by the employer units for workers and staff members based on the
calculations with the base figure of the worker’s or staff member’s wage,
shall be put into individual medical accounts as special funds for designated
purposes, to be used for the payment of medical expenses. For the portion to
be put into individual medical accounts from the medical insurance fees paid
by the units, different ratios can be determined according to age groups of
workers and staff members.

The principal and interest of individual medical accounts shall be owned
by individual workers and staff members which can only be used for medical
expenditure, can be carried forward and inherited. However, no cash shall be
drawn, nor can it be used for other purposes.

For balances in individual medical accounts of the year, the interest
shall be calculated according to the interest rate for current deposit by
urban and rural inhabitants; for the portion of relatively stable sedimental
funds, the interest shall be calculated according to the interest rate for
time deposit by urban and rural inhabitants in the corresponding period.

The balance of medical insurance fee paid by the employer unit for workers
and staff members after deducting the amount put into individual medical
accounts shall go to the unifiedly raised social medical insurance funds for
concentrated accommodation and adjustment.

As a way of transition, with the approval of the municipal medical
insurance institution, units originally having labour protection medicare can
manage a portion of the unifiedly raised social medical insurance funds for
internal accommodation with the units.

(3) Mode of payment of medical expenses by workers and staff members

Payment of medical expenses by workers and staff members shall first be
made from the individual medical accounts. When the individual medical account
is exhausted, it shall be paid first by the worker or staff member himself
(herself). Calculated on a yearly basis, the portion of self-paid medical
expense exceeding five percent of the individual’s annual wage income shall be
paid from the unifiedly raised social medical insurance funds. However, the
individual still has to pay a certain percentage. The percentage of individual
burden-sharing decreases as the medical expense increases; for the portion
exceeding five percent of the individual’s annual wage income but not more
than RMB 5,000 yuan, the individual’s burden-sharing shall be 10 to 20
percent; for the portion ranging from RMB 5,000 yuan to RMB 10,000 yuan, the
individual’s burden-sharing shall be 8 to 10 percent; for the portion
exceeding RMB 10,000 yuan, the individual’s burden-sharing shall be 2 to 5
percent. In the light of their practical conditions, people’s governments of
the cities undergoing experiment may determine the maximum ceiling for medical
expenses to be covered by the unifiedly raised social medical insurance funds.
For medical expenses exceeding the ceiling, cities undergoing experiment can
explore other solutions.

Medical expenses incurred from special categories of illnesses confirmed
by the state and contracted by workers and staff members, or from birth
control operation and its sequelae, shall be paid from the unifiedly raised
social medical insurance funds.

(4) Matching reform and internal administration of medical institutions

Publicly run medical institutions which are non-profit social undertakings
shall be planned and built by the people’s governments of the localities. The
capital construction and the purchase, installation and maintenance of large
medical apparatuses shall be included in the capital construction plan and
financial budget of the people’s government at the same level, and overall
arrangement be made. People’s governments at various levels should increase
their input in medical institutions with the growth of financial revenue.
Financial responsibilities to be undertaken by government should be clearly
defined and the scope and mode of supply of financial resources standardized.
The revenue structure of medical institutions should be readjusted in a
rational way with appropriate addition of items of medical fees which embody
the value of the technical services of medical personnel and adjustment in the
rate of those items, reducing the rate of charges for examinations with large
medical apparatuses and the ratio of revenue from medicine in the gross income
of medical profession on the basis of the rational use of medicine.

Workers and staff members receiving treatment in a number of designated
medical institutions can purchase drugs from designated retail chemist’s
stores with prescriptions so as to urge the medical institutions to improve
the quality of medical service.

The department of medical insurance administration in consultation with
the department of public health, shall be responsible for the examination and
designation of designated medical institutions in accordance with the
principle of gradual taking shape and perfection of medical system at various
levels and in consultation with the department in charge of medicine, shall be
responsible for the examination and designation of designated retail chemist’s
stores.

Medical insurance institutions should sign contracts with designated units
engaging in medical service and sale of medicine containing such contents as
the scope, items and rates of basic medical insurance service and clearly
defining responsibilities, rights and obligations. Expenses incurred from
medical service and use of medicine exceeding the stipulations cannot be paid
from the individual medical account, neither shall it be paid by the medical
insurance institution. The mode of fixed amount settlement and payment of
average medical service costs should be aggressively pursued on a trial basis.

The department of public health shall formulate technical standards for
consultation and treatment; the department of public health in consultation
with the department of finance and the department of medical insurance
administration, shall compile a catalogue of medicine for reimbursement under
medical insurance; the department of price control in consultation with the
department of public health and the department of finance, shall fix rational
rates to be charged for medical treatment at different grades which shall be
revised at regular intervals.

Medical institutions should step up education of the medical personnel in
professional morals and style, formulate and perfect necessary rules and
regulations, standardize and guide conduct of medical treatment so as to reach
the goal of rational diagnosis, treatment and excellent service.

Separate accounting shall be practiced with regard to the revenue and
expenditure of medical service and those of sale of medicine by medical
institutions. The mode of handing over the net income from sale of medicine to
the department in charge at the higher level for unified administration and
rational return should be practiced on a trial basis.

Government departments concerned and medical insurance institutions should
conduct evaluation and inspection at regular intervals of the services of
designated medical institutions and units engaging in sale of medicine. Rates
of medical institutions shall be subject to the supervision of the department
of price control and made public.

(5) Administration and supervision of medical insurance funds

Handling of medical insurance funds shall be the responsibility of the
social medical insurance institutions. The principle of expenditure being
determined by revenue, balance of revenue and expenditure with slight surplus
should be adhered to; the special funds shall be used for designated purpose
and shall not be used for other purposes, and security of the funds shall be
ensured and realization of value maintenance and increment assured.

Medical insurance institutions shall establish scientific operation
mechanism, upgrade the level of socialization of services and simplify
procedures of reimbursement of medical costs and account settlement to make it
convenient to the workers and staff members.

Medical insurance institutions shall formulate and perfect rules of
examination and approval of the budget and final settlement of account, rules
of accounting and auditing. The principle of practice of economy shall be
followed in all items of expenditure and waste shall be eliminated.
Administrative expenses shall be listed in the financial budget and be
appropriated by the department of finance upon submission by the department in
charge after examination and verification to the department of finance for
examination and approval.

The departments of medical insurance administration shall be separated
from the handling institutions. Establishment of the administrative
departments shall be determined temporarily by the people’s governments of the
localities in the light of the actual conditions prevailing there.

Medical insurance supervisory bodies composed of representatives of
government, representatives of employer units, representatives of trade unions
and workers and staff members and representatives of specialists shall be
formed to hear, at regular intervals, briefings by medical insurance
institutions and medical institutions on the revenue and expenditure of
medical insurance resources, operations and management and services which
shall be made public. The auditing department shall regularly carry out
auditing of medical insurance funds and the revenue and expenditure of
insurance institutions.

3. Policies Concerning the Experiment

(1) Medical expenditure of honorary retirees and Red Army veterans shall
be managed separately. One way is to bring it within the scope of the reform
of the medical insurance system for workers and staff members with no opening
of the individual medical accounts and no payment by the individual of medical
policy premiums. Their medical expenses shall be paid from the unifiedly
raised social medical funds. Medical insurance institutions can draw an amount
equivalent to the average actually expended medical expenses in the three
preceding years from the medical insurance funds for separate management and
designated purposes. Overspending, if any, shall be settled through the
original channel of financial resources. The other way which may be followed
is that it is not included in the scope of the reform of the medical insurance
system for workers and staff members and the medical costs shall be settled
through the original channel of financial resources. Localities following this
method shall deduct their medical expenses while making predictive
calculations of the rate of premiums of the medical insurance funds for
workers and staff members. Administration shall be strengthened and waste
prevented whichever method is followed.

(2) For wounded and disabled revolutionary servicemen above Grade IIB, no
indivi

DECISION OF THE NATIONAL PEOPLE’S CONGRESS ON AMENDMENTS OF THE 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

THE Decision of the National People’s Congress 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, promulgated by Order N0.64 of the President of the
People’s Republic of China on March 17, 1996)

It is hereby decided that, after reviewing and considering the amendments
(draft) of the Criminal Procedure Law of the People’s Republic of China at
the Fourth Session of the Eighth National People’s Congress, the Criminal
Procedure Law of the People’s Republic of China are amended as follows:

1. The post_title of Chapter I, Part One is amended as Aim and Basic
Principles.

2. Article 1 is amended as:

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.

3. Article 2 is amended as:

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.

4. Paragraph 1 of Article 3 is amended as:

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.

5. Two articles are added after Article 3 to make Articles 4 and 5:

Article 4 The state security organs shall according to the stipulations
of the law handle with 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.

6. An article is added after Article 5 to make Article 8:

The people’s procuratorates shall according to law exercise legal
supervision over criminal law suits.

7. An article is added after Article 8 to make Article 12:

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

8. Article 11 is renumbered Article 15, wherein the stipulations of “In
any of the following circumstance, no criminal responsibility shall be
investigated; if investigation has already been undertaken, the case shall be
dismissed, or prosecution shall not be initiated, or innocence shall be
declared” are amended as:

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.

And the sixth item shall be amended as:

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

9. An article is added after Article 12 to make Article 17, reading:

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.

10. Article 13 is renumbered Article 18 and amended as:

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.

11. Article 15 is renumbered Article 20 and amended as:

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.

12. Article 18 is renumbered Article 23, with the deletion of the
following provision:

They may also transfer criminal cases over which they themselves have
jurisdiction as courts of first instance to people’s courts at lower levels
for trial.

13. An article is added after Article 23 to make Article 29, reading:

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, or shall not be allowed to meet, in violation of
stipulations, the party and the persons entrusted by him.

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
legal representative have the right to apply for the withdrawal of the
personnel concerned.

14. Article 24 is renumbered Article 30, and the third paragraph is
amended as:

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

15. The post_title of Chapter IX, Part One is amended as Defense and
Procuration

16. Article 26 is renumbered Article 32 and amended as:

In addition to the exercise by himself of the right to defense, the
criminal suspect or the accused may entrust one or two persons as his
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.

17. An article is added after Article 26 to make Article 33, reading:

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.

18. Article 27 is renumbered Article 34 and amended as:

In case a public prosecutor appears in court to conduct a public
prosecution while the accused has not entrusted his 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.

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.

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

19. Article 29 is renumbered Article 36 and amended as:

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 file documents, documents of technical examination, and may
meet and correspond with the criminal suspect in custody. Other defenders
with the permit 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.

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 permit of the people’s court may consult,
make extracts from and reproduce afore-said file documents, and meet and
correspond with the accused in custody.

20. Two articles are added after Article 29 to make Articles 37 and 38:

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 people’s court
for collecting or obtaining by order the evidence, or apply to people’s court
for notifying witnesses to testify in the court.

The defense lawyer, with the permit by the people’s procuratorate or
people’s court, may with the consent of the victim, his 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, 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.

21. Two articles are added after Article 30 to make Articles 40 and 41:

Article 40 The victim and his 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 legal representative in private prosecution, the parties
and their legal representatives in an incidental civil action have the right
to entrust agents as litem 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 victim and his 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
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.

22. Article 31 is renumbered Article 42, with an addition as Item (7) to
Paragraph 2, reading:

(7) video and audio materials.

23. Article 34 is renumbered Article 45 and Paragraph 1 is amended as:

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.

Paragraph 2 is amended as:

Evidence involving state secrets shall be kept confidential.

24. An article is added after Article 37 to make 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 inflicted according to law.

25. Article 38 is renumbered Article 50 with the deletion of Paragraphs 2
and 3.

26. Article 38 is followed by eight additional articles which are
numbered Articles 51, 52, 53, 54, 55, 56, 57 and 58:

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 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 shall be executed by
public security organs.

Article 52 A criminal suspect or the accused in custody and his legal
representative and near relatives have the right to apply for bail out for
summons.

Article 53 The people’s courts, people’s procuratorates and public
security organs who decide on bailing out for summons or residing under
surveillance of a criminal suspect or the accused, shall order the criminal
suspect or the accused to obtain a guarantor or pay the bail.

Article 54 Guarantors must meet the following conditions:

(1) Having no bearing on the cases concerned;

(2) Being capable to perform a guarantor’s obligations;

(3) Enjoying political rights and personal liberty is not restrained; and

(4) Having fixed residence and regular income.

Article 55 Guarantors shall perform the following obligations:

(1) Supervise the guaranteed person who shall observe the stipulations of
Article 56 of this Law; and

(2) Make timely report to the executing organ on the acts which the
guaranteed person may possibly do or has already done in violation of the
stipulations of Article 56 of this Law.

A guarantor who fails to make timely report on the acts committed by the
guaranteed person in violation of the stipulations of Article 56 of this Law
shall be fined, and if a crime is proved, shall be investigated into the
criminal responsibility according to law.

Article 56 Criminal suspects or the accused who have been bailed out for
summons shall observe the following stipulations:

(1) Shall not be allowed to leave the cities, counties they live in
without the permit of the executing organs;

(2) Shall present themselves in time when being summoned;

(3) Shall not interfere in any manner with witnesses in testifying; and

(4) Shall not destroy, frame up evidence or act in collusion to make
confessions.

In case of violation of the stipulations of the preceding paragraph by
criminal suspects or the accused being bailed out for summons, the bail
already paid shall be confiscated and criminal suspects or the accused shall
be ordered, according to various circumstances, to make a statement of
repentance, to pay again the bail, to obtain a guarantor, or to reside under
surveillance or shall be arrested. Criminal suspects or the accused who have
not violate the stipulations of the preceding paragraph when being out on
bail, shall be refunded the bail that has been paid on expiration of the
period for bailing out for summons.

Article 57 Criminal suspects or the accused residing under surveillance
shall observe the following stipulations:

(1) Shall not leave the dwelling place without the permit of the
executing organs, or in absence of a fixed dwelling place, shall not leave
the appointed dwelling place without the permit of the executing organs;

(2) Shall not meet other persons without the permit of the executing
organs;

(3) Shall present themselves in time when being summoned;

(4) Shall not interfere in any manner with witnesses in testifying; and

(5) Shall not destroy, frame up evidence or act in collusion to make
confessions.

Criminal suspects or the accused who reside under surveillance may be
arrested for serious violation of the stipulations of the preceding
paragraph.

Article 58 The people’s courts, people’s procuratorates and public
security organs shall allow criminal suspects or the accused to be bailed out
for summons for a maximum period of twelve months, and to reside under
surveillance for a maximum period of six months.

In the period of bailing out for summons or residing under surveillance,
investigation, prosecution and examination of the case shall not be
suspended. In case it is found that criminal responsibility shall not be
investigated, or on the expiration of the period of bailing out for summons
or residing under surveillance, the bailing out for summons or residing under
surveillance shall be timely removed, and criminal suspects or the accused
and the units concerned shall be timely informed of such removal.

27. Article 40 is renumbered Article 60, and “When the main facts of a
crime have been ascertained” in Paragraph 1 is amended as:

When criminal facts have been proved by evidence,…

28. Article 41 is renumbered Article 61, and “an active criminal
deserving arrest” is amended as:

An active criminal

Item (6) is amended into two parts to make (6) and (7), and the
amendments read:

(6) If he does not tell true name, address, and his identity is unknown;

(7) If he is strongly suspect of a runaway criminal or a criminal
committing crimes repeatedly or in group.

Item (7) in the original text is deleted.

29. An article is added after Article 41 to make Article 62:

A public security organ effecting criminal detention or arrest in another
area, shall inform the public security organ of that area where the person to
be detained or arrested is located, and the public security organ in that
area shall render coordination.

30. Article 47 is renumbered Article 68 and is amended as:

A people’s procuratorate, having examined and considered the case
submitted by the public security organ requesting for the approval of arrest,
shall according to the circumstances make a decision on approval or
disapproval of such arrest. In case of a decision on approval of such arrest,
the public security organ shall promptly execute the arrest, and shall duly
inform the people’s procuratorate of the performance of the arrest. In case
of a decision on disapproval of the arrest, the people’s procuratorate shall
state the reasons and, if supplementary investigation is required, shall
inform the public security organ simultaneously.

31. Article 48 is renumbered Article 69, and the first paragraph is
amended into three paragraphs to make Paragraphs 1, 2 and 3. The amendments
read:

The public security organ, holding that it is necessary to arrest a
detainee, shall, within three days after the detention, submit it to the
people’s procuratorate for examination and approval. Under special
circumstances, the time limit for the submission may be extended by one to
four days.

With regard to those who are strongly suspect of runaway criminals or of
criminals committing crimes repeatedly or in group, the time limit for
submission and approval may be extended to thirty days.

The people’s procuratorate shall, within seven days after the day of
receiving the request for approval of arrest submitted by the public security
organ, make a decision on approval or disapproval of the arrest. In case of
disapproval of the arrest by the people’s procuratorate, the public security
organ shall promptly release the detainee after receiving the notice, and
shall duly inform the people’s procuratorate of such release. Where further
investigation is required and in conformity with the conditions for bailing
out for summons or residing under surveillance, bailing out for summons or
residing under surveillance shall be conducted according to law.

Paragraph 2 in the original text is deleted.

32. Three articles are added after Article 51 to make Articles 73, 74 and
75:

Article 73 The people’s courts, people’s procuratorates and public
security organs, if finding improper compulsory measures have been taken
against the criminal suspects or the accused, shall timely withdraw or make
alterations. Public security organs, releasing arrested persons or making
change in the measures of arrests, shall accordingly inform the people’s
procuratorates making the original approval.

Article 74 Where cases involving criminal suspects or the accused in
custody which can not be wound up within the time limit stipulated in this
Law for custody for investigation, examination and prosecution, or trial
either in the first instance or in the second instance, requires continued
investigation, examination or trial, the criminal suspects or the accused may
be bailed out for summons or reside under surveillance.

Article 75 Criminal suspects or the accused and their legal
representatives, near relatives or the lawyers and other defenders entrusted
by the criminal suspects or the accused have the right to demand the removal
of compulsory measures, provided the compulsory measures taken by the
people’s courts, people’s procuratorates or public security organs exceeds
the time limit stipulated by Law. The people’s courts, people’s
procuratorates and public security organs shall, subject to the compulsory
measures exceeding the prescribed time limit, release the criminal suspects
or the accused, remove bailing out for summons or residing under surveillance
or shall according to law change the compulsory measures.

33. Article 58 is renumbered Article 82 and Item (2) is amended as:

(2) Parties refer to the victim, private prosecutor, criminal suspect,
the accused, and the plaintiff and defendant in incidental civil action.

Item (4) is amended as:

(4) Participants to litigation refer to the parties, legal
representatives, agents ad litem, defenders, witnesses, expert witnesses and
interpreters.

An item is added to make Item (5), reading:

(5) Agents ad litem refer to the persons entrusted by the
victims or their legal representatives or near relatives to participate on
their behalf in the proceedings of public prosecutions, or persons entrusted
by the prosecutors or their legal representatives to participate on their
behalf in the proceedings of private prosecutions, or the persons entrusted
by the parties or their legal representatives to participate on their behalf
in the proceedings of an incidental civil action.

Item (5) in the original text is renumbered Item (6).

34. Prior to the public prosecution submitted to the people’s court, the
post_title of “the accused” referred to in the original text is amended as
“criminal suspect”.

The stipulation of “accusation” in Chapter I, Part Two is
amended as “information of a case.”

35. An article is added before Article 59 to make Article 83:

The public security organs or people’s procuratorates shall, upon
discovering criminal facts or criminal suspect, file a case and conduct
investigation according to their respective jurisdiction.

36. Article 59 is renumbered Article 84 and is amended as:

Any units and individuals shall, upon discovering criminal facts or
criminal suspects, have the right and duty to make a report on a case or to
give information of a case to a public security organ, people’s procuratorate
or people’s court.

The victim has the right to report the case to or lodge their
complaints with the public security organ, people’s procuratorate or people’s
court in respect of the infringement on their personal or property rights.

Public security organ, people’s procuratorate or people’s court shall
accept the report on a case or complaint or the information of a case,
which, if not coming within their own jurisdiction, shall be referred to the
competent organs for disposal, and the reporter of a case, complainant,
informer shall be notified accordingly; and which, meriting emergent measures
though not coming within their own jurisdiction, shall be handled with
emergent measures before they are referred to the competent organs.

In case offenders present themselves before the public security organs,
people’s procuratorates or people’s courts, the stipulations of Paragraph 3
shall apply.

37. Article 60 is renumbered Article 85, and Paragraph 3 is amended as:

Public security organs, people’s procuratorates or people’s courts shall
guarantee the safety of reporter of a case, complainant, informer and their
near relatives, and shall keep them confidential, if a case reporter,
complainant or informer do not wish to make open to the public their names
and the acts to make report, accuse and give information.

38. Two articles are added after Article 61 to make Articles 87 and 88:

Article 87 Where a people’s procuratorate finds that a case which
should be filed with a public security organ for investigation has not been
filed for investigation, or it is submitted to a people’s procuratorate by
the victim that the case should be filed with a public security
organ for investigation

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2002

PROVISIONAL REGULATIONS ON THE ADMINISTRATION OF QUALIFICATIONS OF DOMESTIC AND OVERSEAS SECURITIES INSTITUTIONS DEALING IN SHARES FOR THE PURCHASE...

REGULATIONS OF BEIJING MUNICIPAL GOVERNMENT ON ADMINISTRATION OF EMPLOYMENT OF CHINESE CITIZENS BY RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES

MEASURES FOR THE ADMINISTRATION OF NATIONAL KEY CONSTRUCTION PROJECTS

MEASURES FOR THE ADMINISTRATION OF REPRESENTATIVE OFFICES OF FOREIGN FINANCIAL INSTITUTIONS IN CHINA

REPLY LETTER OF THE GENERAL OFFICE OF THE MINISTRY OF LABOR ON ANSWERING TO THE REQUEST FOR INSTRUCTIONS ON THE CALCULATION AND PAYMENT OF ECONOMIC COMPENSATION WHILE LABOR CONTRACT IS TERMINATED OR DISSOLVED

REGULATIONS GOVERNING LABOUR COOPERATION WITH HONG KONG REGION

REGULATIONS FOR THE IMPLEMENTATION OF THE THE ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON THE TRANSMISSION OF THE SUGGESTIONS SUBMITTED BY THE PRESS AND PUBLICATION ADMINISTRATION AND THE STATE SCIENCE AND TECHNOLOGY COMMISSION CONCERNING THE STRENGTHENING OF THE WORK OF SCIENCE AND TECHNOLOGY PUBLICATION

REGULATIONS ON THE FOREIGN EXCHANGE SYSTEM OF THE PEOPLE’S REPUBLIC OF CHINA

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE TRANSMISSION OF THE SUGGESTIONS OF THE STATE COMMISSION FOR STRUCTURAL REFORM AND THREE OTHER MINISTRIES REGARDING THE EXTENSION OF THE SCOPE OF EXPERIMENT OF THE REFORM OF THE MEDICARE SYSTEM FOR WORKERS AND STAFF MEMBERS

DECISION OF THE NATIONAL PEOPLE’S CONGRESS ON AMENDMENTS OF THE CRIMINAL PROCEDURE LAW

CONSTITUTION ACT, 1982 – page 22

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

CONSTITUTION ACT, 1982 – page 17

CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

CONSTITUTION ACT, 1982 – page 11

CONSTITUTION ACT, 1982 – page 10

CONSTITUTION ACT, 1982 – page 9

CONSTITUTION ACT, 1982 – page 8

CONSTITUTION ACT, 1982 – page 7