ANIMAL EPIDEMIC PREVENTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Standing Committee of the National People’s Congress

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

No.87

The Animal Epidemic Prevention Law of the People’s Republic of China, adopted at the 26th Meeting of the Standing Committee of the
Eighth National People’s Congress on July 3, 1997, is hereby promulgated, and shall enter into force as of January 1, 1998.

President of the People’s Republic of China Jiang Zemin

July 3, 1997

Animal Epidemic Prevention Law of the People’s Republic of China ContentsChapter I General Provisions

Chapter II Prevention of Animal Epidemics

Chapter III Control and Extermination of Animal Epidemics

Chapter IV Quarantine of Animals and Animal Products

Chapter V Supervision over Animal Epidemic Prevention

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is enacted for the purpose of intensifying the administration of animal epidemic prevention, preventing, bringing under control
and exterminating animal epidemics, promoting the development of livestock, fish breeding and poultry raising and protecting human
health.

Article 2

This Law is applicable to animal epidemic prevention activities within the territory of the People’s Republic of China.

For quarantine of entry and exit animals or animal products, the Law of the People’s Republic of China on the Entry and Exit Animal
and Plant Quarantine shall apply.

Article 3

“Animal” referred to in this Law means livestock, poultry and other animals raised by man or caught legally.

“Animal product” referred to in this Law means animals’ raw hides, hairs, semen, embryos and breeder eggs as well as non-processed
products such as trunks, grease, viscera, blood, down, bones, horns, heads and hoofs.

“Animal epidemic” referred to in this Law means animal infectious diseases and parasitic diseases.

“Animal epidemic prevention” referred to in this Law includes prevention, control and extermination of animal epidemics as well as
quarantine of animals and animal products.

Article 4

Quarantine inspection and supervision shall be conducted pursuant to this Law over trunks, heads and viscera of slaughtered animals.
Those up to standards for foods after quarantine inspection shall be subjected to hygienic inspection and supervision in accordance
with the provisions of the Food Hygiene Law of the People’s Republic of China.

Article 5

The state institutes a policy of focusing on prevention of animal epidemics.

Article 6

The animal husbandry and veterinary administrative department under the State Council shall be in charge of animal epidemic prevention
throughout the country.

The animal husbandry and veterinary administrative departments under local people’s governments at or above the county level shall
be in charge of animal epidemic prevention within their respective administrative areas.

The supervising agencies for animal epidemic prevention under people’s governments at or above the county level shall execute animal
epidemic prevention and supervision on animal epidemic prevention.

The supervising agencies for animal epidemic prevention in the armed forces shall be responsible for epidemic prevention for active-duty
animals in the armed forces and animals raised by the armed forces for their own use.

Article 7

People’s governments at all levels shall strengthen the leadership over animal epidemic prevention.

Article 8

The state encourages and supports scientific research on animal epidemic prevention, spreads advanced achievements of scientific research,
popularizes scientific knowledge of animal epidemic prevention, and improves the level of animal epidemic prevention.

Article 9

Any unit or individual that has made achievements or contributions in animal epidemic prevention or scientific research on animal
epidemic prevention shall be rewarded by the people’s government or the animal husbandry and veterinary administrative department.

Chapter II Prevention of Animal Epidemics

Article 10

In the light of seriousness of damage caused by animal epidemics to the breeding production and human health, animal epidemics under
the control by this Law are composed of three classes:

(1)

Epidemics of Class I refer to those which cause serious damage to humans and animals and need to take urgent, rigorous measures to
compulsorily prevent, bring under control or exterminate them.

(2)

Epidemics of Class II refer to those which can cause great economic losses and need to take strict measures to bring under control
or exterminate them and avoid their spread.

(3)

Epidemics of Class III refer to those which are so common and so frequently occur that great economic losses may be caused and control
and purifying measures are required.

A detailed catalogue of epidemics of the three classes mentioned in the preceding paragraph shall be fixed and published by the animal
husbandry and veterinary administrative department under the State Council.

Article 11

The animal husbandry and veterinary administrative department under the State Council shall formulate the national plan for animal
epidemic prevention.

The animal husbandry and veterinary administrative department under the State Council shall, in the light of animal epidemic situation
abroad and at home and in accordance with the requirements for protection of the breeding production and human health, formulate
and publish in time measures for animal epidemic prevention.

The state practises a system of immunization planning for execution of compulsory immunization against animal epidemics which cause
serious damage to the breeding production and human health. A catalogue of animal epidemics subjected to compulsory immunization
shall be formulated and published by the animal husbandry and veterinary administrative department under the State Council.

For other animal epidemics than those subjected to compulsory immunization, the animal husbandry and veterinary administrative departments
under local people’s governments at or above the county level shall formulate prevention plans and report them to the people’s governments
at the same level for approval and implementation.

Article 12

The state should take measures to prevent and exterminate animal epidemics which cause serious damage to the breeding production and
human health.

Medicine, biological products or other relevant materials needed in prevention and extermination of animal epidemics shall be reserved
in a proper quantity and shall be included in the plan for national economy and social development.

Article 13

The supervising agencies for animal epidemic prevention shall strengthen animal epidemic prevention by conducting popularization and
education, technical advice, technical training and consultancy services and shall organize the implementation of plans for immunization
against animal epidemics.

Animal epidemic prevention organs in townships, nationality townships and towns shall, under the guidance of the supervising agencies
for animal epidemic prevention, organize the prevention of animal epidemics.

Article 14

Units and individuals that engage in raising or marketing of animals, or production or marketing of animal products shall, pursuant
to this Law and the relevant state provisions, complete planned immunization against and prevention of animal epidemics, and shall
accept the monitoring and supervision from the supervising agencies for animal epidemic prevention.

Article 15

Any animal farm should exterminate animal epidemics in time. Stud stock and breeding poultry shall be kept healthy up to the standards
set by the state.

Article 16

Means of transport, padding materials and packing materials for animals or animal products shall meet the requirements for animal
epidemic prevention set by the animal husbandry and veterinary administrative department under the State Council.

Animals infected with epidemic diseases and their excrement, products made from animals infected with epidemic diseases, and carcasses
of animals which died of illness or died due to an unidentified cause must be disposed of according to the relevant provisions of
the animal husbandry and veterinary administrative department under the State Council and shall not be dealt with at will.

Article 17

The storage, use and transportation of animal-borne pathogenic microorganisms shall conform to the management systems and operational
rules set by the state.

The transportation of animal epidemic materials for special need in scientific research, teaching and epidemic prevention shall conform
to the relevant state provisions.

Any unit engaging in scientific research on animal epidemics shall, according to the relevant state provisions, conduct strict management
of experimental animals in order to prevent the spread of animal epidemics.

Article 18

Marketing of any animal or animal product in the following categories shall be prohibited:

(1)

those related to an animal epidemic disease occurring in a cordoned-off epidemic area;

(2)

those susceptible to an epidemic disease in an epidemic area;

(3)

those subjected to quarantine inspection according to law but failing to undergo or pass quarantine inspection;

(4)

those infected with an epidemic disease;

(5)

those which died of illness or died due to an unidentified cause; or

(6)

those not listed above but failing to conform to the state provisions regarding animal epidemic prevention.

Chapter III Control and Extermination of Animal Epidemics

Article 19

The animal husbandry and veterinary administrative department under the State Council shall exercise unified control over and publish
animal epidemic information nationwide, or may, when necessary, authorize the animal husbandry and veterinary administrative departments
under people’s governments of provinces, autonomous regions and municipalities directly under the Central Government to publish animal
epidemic information within their own administrative regions.

Article 20

Any unit or individual that finds an animal(s) having an epidemic disease or suspect of having an epidemic disease shall in time report
to the local supervising agency for animal epidemic prevention. The latter shall promptly take measures and report the case to the
higher authority according to the relevant state provisions.

No unit or individual may conceal, falsely report or hinder another person from reporting animal epidemic information.

Article 21

In the case of an animal epidemic of Class I, the animal husbandry and veterinary administrative department under the local people’s
government at or above the county level shall dispatch its personnel to the scene forthwith to delimit the epidemic point, the epidemic
area and the threatened area, collect epidemic materials, investigate into the epidemic source, report in time to the people’s government
at the same level for a decision of cordoning off the epidemic area, and report the epidemic situation and the related information
level by level to the animal husbandry and veterinary administrative department under the State Council.

The local people’s government at or above the county level shall organize departments and units concerned without delay to take compulsory
measures for control and extermination of the animal epidemic such as isolation, massacre, destruction, disinfection and emergency
immunization vaccination to exterminate the epidemic disease promptly, and shall inform the neighbouring areas of the case.

During the sanitary cordon, animals or animal products having the epidemic disease or suspect of having the epidemic disease are prohibited
from moving out of the epidemic area, and animals coming from outside the epidemic area shall be prohibited from entering the epidemic
area. As required for the extermination of the animal epidemic, persons, means of transport and relevant articles which leave or
enter the cordoned-off area shall be disinfected and imposed upon other restrictions.

Where the epidemic area involves two or more administrative regions, the decision on the cordon of the epidemic area shall be made
by the common people’s government at the next higher level than the concerned administrative regions, or jointly by the people’s
governments at the next higher level than the concerned administrative regions.

Article 22

In the case of an animal epidemic of Class II, the animal husbandry and veterinary administrative department under the local people’s
government at or above the county level shall delimit the epidemic point, the epidemic area and the threatened area.

The local people’s government at or above the county level shall, when necessary, organize departments and units concerned to take
control and extermination measures such as isolation, massacre, destruction, disinfection, emergency immunization vaccination and
imposition of restrictions upon entering and leaving of the epidemic area by animals, animal products and relevant articles that
are susceptible to the epidemic disease.

Article 23

The disestablishment of the epidemic point, the epidemic area and the threatened area and the lifting of the cordon of the epidemic
area shall be announced by the organ that made the original decision.

Article 24

In the case of an animal epidemic of Class III, the people’s government at the county or township level shall organize the prevention
and purification of the epidemic according to the plans for animal epidemic prevention and the provisions of the animal husbandry
and veterinary administrative department under the State Council.

Article 25

The provisions of Article 21 in this Law shall apply if an animal epidemic of Class II or Class III spreads violently.

Article 26

For the purpose of control or extermination of major animal epidemic situations, the supervising agencies for animal epidemic prevention
may dispatch their personnel to the inspecting stations having been set up according to law by the locality to undertake supervision
and inspection. When necessary, provisional supervising and inspecting stations for animal epidemic prevention may be set up subject
to the approval of the people’s government of the province, autonomous region and municipality directly under the Central Government
in order to perform supervision and inspection.

Article 27

In the case of an epidemic disease contracted commonly by both human beings and livestock, the animal husbandry and veterinary administrative
department, the public health administrative department and other units concerned shall exchange information on the epidemic situation
and shall take control and extermination measures in time.

Article 28

Any unit or individual within an epidemic area shall observe the stipulations of the people’s government at or above the county level
and its animal husbandry and veterinary administrative department for the control and extermination of the animal epidemic.

Article 29

In the case of an animal epidemic, transportation departments such as civil aviation, railways, highways and waterways shall give
priority to the transportation of personnel and related materials for control and extermination of the epidemic situation, and post
and telecommunications departments shall deliver and transmit reports on the epidemic situation in time.

Chapter IV Quarantine of Animals and Animal Products

Article 30

Supervising agencies for animal epidemic prevention shall, in accordance with the national standards, the trade standards and quarantine
measures set by the animal husbandry and veterinary administrative department under the State Council, and in the light of the objects
to be quarantined, carry out the quarantine of animals and animal products.

Article 31

Supervising agencies for animal epidemic prevention shall have quarantine officers responsible for the quarantine of animals and animal
products. Quarantine officers shall possess the necessary professional skills. The detailed measures for qualifications and issuance
of qualification certificates shall be formulated by the animal husbandry and veterinary administrative department under the State
Council.

The animal husbandry and veterinary administrative departments at or above the county level shall step up the training, evaluation
and administration of quarantine officers. No quarantine officer may be permitted to take up the post for quarantine unless he has
obtained the corresponding qualification certificate.

Quarantine officers shall observe quarantine rules in carrying out quarantine and bear liability for the quarantine results.

Article 32

The state exercises slaughter at designated points and centralized quarantine of livestock like pigs and other animals.

The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall set categories
of livestock and scopes of regions within their respective administrative regions to practise slaughter at designated points and
centralized quarantine. Specific slaughterhouses (or points) shall be determined by the people’s governments in cities (including
cities without districts) and counties after studies by the departments concerned organized by them.

Supervising agencies for animal epidemic prevention shall carry out quarantine of animals slaughtered in slaughterhouses (or points)
and affix to slaughtered animals their uniform stamps for having been inspected. Slaughter quarantine in slaughterhouses and joint
meat processing factories determined subject to consultation between the animal husbandry and veterinary administrative department
and the commodity circulation department under the State Council shall be handled pursuant to the relevant provisions of the State
Council and shall be under supervision according to law.

Article 33

For quarantine of livestock like pigs and other animals slaughtered by farmers themselves for their own use, the people’s governments
of provinces, autonomous regions and municipalities directly under the Central Government shall formulate control measures.

Article 34

Supervising agencies for animal epidemic prevention shall collect fees for their legal quarantine inspections according to the provisions
of the financial and price control departments under the State Council and shall not collect other additional fees or repeat charging
for the same item of quarantine.

Article 35

Supervising agencies for animal epidemic prevention shall not engage in business activities.

Article 36

Those who intend to introduce breeding animals and their semen, embryos and breeder eggs from another place in the country shall first
apply to the supervising agency for animal epidemic prevention of the locality for examination and approval of quarantine and shall
be subject to quarantine inspection.

Article 37

Wild animals having been caught by man which are likely to spread animal epidemics shall not be sold and transported before passing
quarantine inspection by the supervising agency for animal epidemic prevention in the place where the wild animals are caught or
where the wild animals are to be received.

Article 38

If any animal or animal product has passed quarantine inspection, the supervising agency for animal epidemic prevention shall issue
a quarantine certificate and, at the same time for any animal product, affix thereto an inspection mark used by the supervising agency
for animal epidemic prevention or seal it with the inspection mark.

If any animal or animal product has not passed quarantine inspection, the owner shall conduct disinfection for epidemic prevention
or take other measures for innocent treatment. If innocent treatment cannot be carried out, the animal or animal product must be
destroyed.

Article 39

Animals can be sold, transported, put on display, shows or contests on the strength of the quarantine certificate. Animal products
can be sold or transported on the strength of the quarantine certificate and the inspection mark.

Article 40

The quarantine certificate shall not be transferred, altered or forged.

The format and control measures for the quarantine certificate shall be formulated by the animal husbandry and veterinary administrative
department under the State Council.

Chapter V Supervision over Animal Epidemic Prevention

Article 41

Supervising agencies for animal epidemic prevention shall conduct supervision on the work of animal epidemic prevention according
to law.

In performing duties of monitoring and supervision, supervising agencies for animal epidemic prevention may collect samples of animals
or animal products, seize them for inspection or make sample inspections, conduct inspections retroactively or re-inspect animals
or animal products with no quarantine certificates, and may isolate, seal up or dispose of animals having epidemic diseases or suspected
of having epidemic diseases or animal products contaminated by epidemic diseases.

Article 42

Any consignor of animals or animal products to be transported by railways, highways, waterways or by air must provide the quarantine
certificate in consigning for shipment. Any consignee must undertake the shipment on the strength of the quarantine certificate.

Supervising agencies for animal epidemic prevention shall have the right to supervise and inspect the transportation of animals and
animal products according to law.

Article 43

Functionaries of animal epidemic prevention supervision shall produce their certificates in performing duties of supervision and inspection.
Any unit or individual concerned shall lend support and cooperation to them.

Supervising agencies for animal epidemic prevention and their staff shall not collect fees for supervision and inspection of animal
epidemic prevention.

Article 44

Selecting sites and designing for works of animal farms, warehouses, slaughterhouses, joint meat processing factories, other designated
slaughterhouses or points and refrigeration sites for animal products shall conform to the requirements of animal epidemic prevention
stipulated by the animal husbandry and veterinary administrative department under the State Council.

Article 45

Raising and marketing of animals or production and marketing of animal products by animal farms, slaughterhouses, joint meat processing
factories and other designated slaughterhouses (or points) shall conform to the requirements for animal epidemic prevention stipulated
by the animal husbandry and veterinary administrative department under the State Council, and shall be subject to the supervision
and inspection of supervising agencies for animal epidemic prevention.

Diagnosis and treatment of animals shall be engaged in by qualified professional technicians who possess the permit for diagnosis
and treatment of animals issued by the animal husbandry and veterinary administrative departments.

Persons suffering from epidemic diseases contracted commonly by both human beings and livestock shall not directly engage in diagnosis
and treatment of animals, raising and marketing of animals or production and marketing of animal products.

Chapter VI Legal Liability

Article 46

Any violator of the provisions of this Law who commits any of the following acts shall be given a warning by the supervising agency
for animal epidemic prevention. In case of refusal by the violator to make corrections, the supervising agency for animal epidemic
prevention shall deal with the case according to law on the part of the violator who shall pay the expense therefor.

(1)

failing to vaccinate or disinfect for immunization timely animals he raises or markets as required by the compulsory immunization
plan against animal epidemics and the relevant state provisions;

(2)

failing to clean and disinfect means of transport, padding materials or packing materials for animals and animal products according
to the relevant state provisions; or

(3)

failing to dispose of animals infected with epidemic diseases and their excrement, products made from animals infected with epidemic
diseases, and carcasses of animals which died of illness or died due to an unidentified cause according to the relevant state provisions.

Article 47

Any violator of the provisions of Article 17 of this Law who stores, uses or transports animal-borne pathogenic microorganisms, or
transports animal epidemic materials shall be given a warning and may be concurrently fined not more than RMB 2,000 yuan by the supervising
agency for animal epidemic prevention.

Article 48

Any violator of the provisions of this Law who markets any of the following animals or animal products shall be ordered by the supervising
agency for animal epidemic prevention to stop the business operations and, with the illegal gains and animals and animal products
having not yet been sold confiscated, to take effective measures to withdraw animals and animal products having been sold. If the
circumstances are serious, the offender may be concurrently fined less than five times of the illegal gains.

(1)

those related to an animal epidemic occurring in a cordoned-off epidemic area;

(2)

those susceptible to an epidemic in an epidemic area;

(3)

those subjected to quarantine inspection according to law but failing to pass quarantine inspection;

(4)

those infected with an epidemic;

(5)

those which died of illness or died due to an unidentified cause; or

(6)

those not listed above but failing to conform to the state provisions regarding animal epidemic prevention.

Article 49

Any violator of the provisions of this Law who markets animals or animal products subjected to quarantine inspection according to
law but without quarantine certificates shall be ordered, with the illegal gains confiscated, to stop the business operations by
the supervising agency for animal epidemic prevention. Animals or animal products having not yet been sold shall undergo quarantine
inspection retrospectively according to law and be dealt with according to the provisions of Article 38 of this Law.

Article 50

Any violator of the provisions of Article 42 of this Law who fails to implement the provisions for the shipment of animals or animal
products on the strength of the quarantine certificate shall be given a warning and ordered to make corrections by the supervising
agency for animal epidemic prevention. If the circumstances are serious, the consignor and the consignee may be separately fined
less than three times of the freight.

Article 51

If anyone transfers, alters or forges the quarantine certificate, the supervising agency for animal epidemic prevention shall confiscate
the illegal gains and withdraw the quarantine certificate. Anyone who transfers or alters the quarantine certificate shall be concurrently
fined not less than RMB 2,000 yuan and not more than RMB 5,000 yuan; if the illegal gains exceed RMB 5,000 yuan, the offender shall
be concurrently fined not less than the amount of the illegal gains and not more than three times of that amount. Anyone who forges
the quarantine certificate shall be fined not less than RMB 10,000 yuan and not more than RMB 30,000 yuan; if the illegal gains exceed
RMB 30,000 yuan, the offender shall be concurrently fined not less than the amount of the illegal gains and not more than three times
of that amount. If a crime has been constituted, the offender shall be investigated for criminal responsibility according to law.

Article 52

If a unit engaging in raising or marketing of animals, or production or marketing of animal products, in violation of the provisions
of the first paragraph of Article 45 of this Law, fails to conform to the requirements for animal epidemic prevention, the supervising
agency for animal epidemic prevention shall give a warning and order it to make corrections. If it refuses to make corrections, the
offender shall be fined not less than RMB 10,000 yuan and not more than RMB 30,000 yuan.

Article 53

If a unit, in violation of the provisions of this Law, conceals, falsely reports or hinders another person to report animal epidemic
information, the supervising agency for animal epidemic prevention shall give a warning and concurrently impose a fine not less than
RMB 2,000 yuan and not more than RMB 5,000 yuan. The person in charge directly responsible and other persons directly responsible
shall be imposed administrative sanctions according to law.

Article 54

Any violator of the provisions of this Law who evades quarantine inspection, resulting in a serious animal epidemic which causes great
losses to the breeding production or does serious harm to human health, shall be investigated for criminal responsibility according
to law.

Article 55

If any animal quarantine officer, in violation of the provisions of this Law, issues the quarantine certificate and affixes the inspection
mark on animals or animal products having not undergone quarantine inspection or having not passed quarantine inspection, the unit
to which he belongs or the competent authority at the next higher level shall give him a demerit or disqualify him as an animal quarantine
officer. If the circumstances are serious, the offender shall be discharged from his office.

If the illegal act mentioned in the preceding paragraph causes damage to the interested party, the unit to which the animal quarantine
officer belongs shall bear the liability for compensation.

Article 56

Any supervisor of animal epidemic prevention who abuses powers, neglects duties, commits malpractices for selfish gains, conceals
or delays the report on epidemic situations, or forges quarantine inspection results, if a crime has been constituted, shall be investigated
for criminal responsibility according to law. If a crime has not been constituted, the offender shall be imposed administrative sanctions.

Article 57

Whoever hinders a supervisor of animal epidemic prevention in the performance of duties according to law shall, if a crime has been
constituted, be investigated for criminal responsibility according to law. If a crime has not been constituted, the offender shall
be imposed administrative penalty for public security violations according to law.

Chapter VII Supplementary Provisions

Article 58

This Law shall enter into force as of January 1, 1998.

The Standing Committee of the National People’s Congress
1997-07-03

REGULATIONS OF SHANGHAI MUNICIPALITY ON OVERSEAS CHINESE CONTRIBUTIONS OR DONATIONS

Regulations of Shanghai Municipality on Overseas Chinese Contributions or Donations

CHAPTER ONE GENERAL PROVISIONS

CHAPTER TWO RIGHTS OF THE DONOR

CHAPTER THREE TREATMENT FOR DONATIONS

CHAPTER FOUR ADMINISTRATION OF ACCEPTANCE OF DONATIONS

CHAPTER FIVE LEGAL LIABILITIES

CHAPTER SIX SUPPLEMENTARY PROVISIONS

Article 1 The present Regulations are formulated in accordance with the Constitution of the People’s Republic of China and other relevant laws
and regulations of China, and after taking into consideration the actual circumstances of this municipality, with a view to strengthening
the administration of handling overseas Chinese contributions or donations, protecting and stimulating the patriotic zeal and love
for ancestral home of overseas Chinese, and promoting the building of socialist material civilization and spiritual civilization.

Article 2 The term “overseas Chinese contributions or donations” in the present Regulations refers to the acts and activities of overseas Chinese,
overseas Chinese organizations and overseas Chinese invested enterprises in the role of donors, voluntarily contributing or donating
money or goods and of organizations in the role of donees accepting the money or goods and making use thereof.

The goods contributed or donated shall be used for the advancement of culture, education, science, technology, sports, public health,
overseas Chinese affairs, environmental improvement and other causes for public well being.

Article 3 The term “organizations in the role of donee” or “donee organizations” in the present Regulations refers to the enterprises, institutions,
social organizations and other social groups that accept or host the acceptance of contributions or donations or organizations that
accept or host the acceptance of contributions or donations in the name of administrative departments.

Article 4 Overseas Chinese donations shall be carried out in line with the principles of voluntarism and full respect for the wish and intent
of donors.

Overseas Chinese contributions and donations shall be carried out in compliance with laws, regulations and relevant rules, and in
accord with the needs of national economy and social development.

Article 5 Overseas Chinese contributions and donations shall be protected by law, and no units or individual persons shall be allowed to misappropriate
or embezzle the money or goods contributed or donated.

Article 6 The department in charge of overseas Chinese affairs under the Municipal People’s Government (hereinafter referred to as the “Municipal
Overseas Chinese Affairs Office”) is the administrative department in charge of the handling of overseas Chinese contributions or
donations. The department in charge of overseas Chinese affairs under a District (County) People’s Government (hereinafter referred
to as “District (County) Overseas Chinese Affairs Office”) is the administrative department in charge of the handling of overseas
Chinese contributions or donations within its jurisdiction, and is subject to the guidance of the Municipal Overseas Chinese Affairs
Office with respect to its work. The Municipal and District (County) Overseas Chinese Affairs Offices shall be responsible for the
implementation of the present Regulations, and shall have the duty and responsibility to administer, guide, supervise and inspect
the work with regard thereto.

The relevant departments under the People’s Government at all levels of this municipality shall, within their own terms of reference,
lend assistance and cooperation in the implementation of the present Regulations.

Article 7 The government departments, enterprises, state owned institutions, social organizations, other social groups, and individual persons
of this municipality shall abide by and carry out the present Regulations.

Article 8 The donor shall have the right to decide the nature, the variety, quantity, amount, uses and prospective donee(s) of the money and
goods contributed or donated.

Article 9 The donor shall have the right to supervise and examine the use(s) of the money or goods contributed or donated by the donor. The
donor shall have the right to make personal checks on the project which the donor has donated or to authorize the Municipal and District
(County) Overseas Chinese Affairs Office or other relevant unit or individual person to make checks thereon. The donor may also authorize
an auditing agency to conduct auditing.

With respect to acts that are against the donor’s wish and intent, the donor shall have the right to make inquiries and to lodge complaints,
whereupon the Municipal and District (County) Overseas Chinese Affairs Office or relevant higher authorities of the donee unit shall
take action to rectify or otherwise deal with such acts.

Article 10 The donor shall have the right to request that his/her name or other designated names be inscribed on his/her gift project.

If the donor requests that his/her gift project shall bear his/her name, such a request must be approved by the District (County)
People’s Government or the Municipal People’s Government.

If the donor requests that a statue be set up in the donor’s or another designated person’s image, approval by the Municipal People’s
Government must be obtained.

CHAPTER THREE TREATMENT FOR DONATIONS

Article 11 A contribution or donation in foreign currency that will be used by the done unit for making payments outside the territory of the
People’s Republic of China in accordance with the wish and intent of the donor shall be submitted to the Municipal Overseas Chinese
Affairs Office for examination and approval. When approval by the foreign exchange administrative authorities is obtained, a separate
foreign currency account shall be opened at a designated bank, and the money shall be earmarked for its specified purposes only.

Article 12 Among the goods contributed or donated that have been approved for importation and have passed customs inspection, that part that
is enpost_titled to tax reduction or exemption shall be administered in accordance with relevant provisions of the State laws and regulations
by customs authorities, and the goods imported shall be subject to the supervision and inspection of the customs authorities.

The donee unit shall not be allowed to transfer to a third party or sell the imported goods that are contributed or donated. When
there is an actual need for their transfer to a third party or for sale, it shall only be done with the donor’s consent as well as
the approval of the original examination and approval authorities. If the period of the customs supervision and inspection has not
yet expired, the transfer or sale requires the approval of the customs authorities according to the relevant provisions of the State
laws and regulations.

Article 13 Preferential tax treatment shall be awarded to overseas Chinese who contribute or donate their lawful profits earned from their investment(s)
in enterprises in the municipality for purposes defined in the second Section of Article 2 of the present Regulations, after they
present the certificate of contribution or donation issued by the Municipal Overseas Chinese Affairs Office, and after approval by
the tax authorities is obtained.

Article 14 To a gift project to which overseas Chinese have made contributions or donations and whose construction has been approved by the
People’s Government at any level, the planning department shall give priority in incorporating it into its plans and the relevant
government departments shall lend their support and cooperation. Priority shall also be given to the requisition or use of land
needed for such a project in accordance with the land administration laws and regulations of the State. Tax reduction or exemption
to which such a construction project is enpost_titled shall be administered in accordance with relevant laws and regulations.

Article 15 The relevant departments may give encouragement and commendation to a donor that has made contributions or donations; and may confer
an honorary post_title to one whose contributions are outstanding.

CHAPTER FOUR ADMINISTRATION OF ACCEPTANCE OF DONATIONS

Article 16 In making contributions or donations, an Overseas Chinese donor shall express the intention to make a contribution or donation to
the intended done unit whereupon the latter shall report to the Municipal or District (County) Overseas Chinese Affairs Office through
proper administrative channels.

In case a donor decides to make a contribution or donation impromptu, the donee unit may first accept the contribution or donation
and within a month after the event, complete the reporting procedure.

Article 17 A unit that accepts or undertakes the acceptance of contribution or donation shall submit the following documents when going through
the procedures of reporting to the Overseas Chinese Affairs Office concerned:

(1) Documents evidencing the intention to make the contribution or donation;

(2) Official form for reporting contribution or donation made by overseas Chinese; and

(3) Official opinion(s) of the higher administrative department of the donee unit.

Article 18 The Municipal or District (County) Overseas Chinese Affairs Office shall make a reply to the donee unit within 10 days after the
receipt of the documents required in making its report. If some special circumstance calls for an extension of the given period,
the period of time within which a reply must be made shall not exceed 30 days, and failure to reply within the given period of time
shall be deemed as consent.

Article 19 Upon receipt of contributed or donated money or goods, the donee unit shall issue an official and valid receipt to the donor, and
shall keep a formal record of the money or goods.

The donee shall take good care of the money or goods contributed or donated and put them to good use in accordance with the expressed
wishes of the donor.

Article 20 For a construction project to which overseas Chinese have made contributions or which they have donated, the donee units shall as
a general rule form a preparatory group for the construction, and shall authorize a construction supervising agency to exercise control
of the construction project.

Article 21 A donee unit shall make periodic self. checks on the uses of the money or goods contributed or donated; for a project of considerable
scale, auditing shall be conducted. The results of the auditing shall be reported by the donee unit to the Overseas Chinese Affairs
Office in charge and also to the donor.

Article 22 No unit or individual person shall be allowed to solicit with importunity contributions or donations from overseas Chinese. A donee
unit shall not be allowed to make requests at its own discretion for additional contributions or donations of money or goods from
a donor.

Article 23 To intermediaries between overseas Chinese donors and donee units, and the donee units or their administrative offices and staff
that have rendered outstanding service in implementing the present Regulations, relevant units and departments may give encouragement
and commendation.

Article 24 In any one of the following cases, the Municipal or District (County) Overseas Chinese Affairs Office shall give instructions for
correction to be made and impose penalties depending on the seriousness of the case:

1. If a donee unit accepts a contribution or donation without reporting it as provided for in Article 16 of the present Regulations,
it shall be instructed to make a report within a prescribed period of time. Failure to comply with the instruction shall subject
it to the penalty of disciplinary warning or a fine of no more than 5,000 yuan;

2. If a donee unit fails to make self. checks or conduct auditing as provided for in Article 21 of the present Regulations, it shall
be given a disciplinary warning;

3. If a donee unit is liable for soliciting with importunity contributions or donations from overseas Chinese in violation of Articles
4 and 22 of the present Regulations, it shall be subjected to a fine of no more than 20,000 yuan;

4. If goods contributed or donated are sold without authorization in violation of Article 12 of the present Regulations, the illegal
gains from such a sale shall be confiscated, and a fine of no more than 30,000 yuan shall be imposed; or

5. If a donee unit fails to take good care of or make good use of money or goods contributed or donated in violation of Article 5
and the second Section of Article 19 of the present Regulations, which results in a loss, it shall be subjected to a disciplinary
warning or a fine of no more than 30,000 yuan. For unauthorized alteration of the designated function or use of a gift project, the
illegal gains therefrom shall be confiscated, or a fine of no more than 30,000 yuan shall be imposed.

Article 25 Misappropriation, embezzlement, corruption or theft of money or goods contributed or donated, evasions of taxes or smuggling activities
in the name of overseas Chinese contributions or donations or other illegal activities shall be dealt with by relevant authorities
in accordance with the law. Those whose act constitutes a crime shall be prosecuted for their criminal liability.

Article 26 A party that refuses to accept as final the decision of an administrative punishment made by an administrative department may apply
for administrative reconsideration or bring an administrative action in accordance with the Administrative Litigation Law of the
People’s Republic of China and the Regulations on Administrative Reconsideration.

If the party does not apply for administrative reconsideration or bring an action but fails to comply with the decision of punishment,
the department imposing the administrative punishment may apply to the People’s Court for enforcement.

Article 27 Administrative personnel engaged in the work of handling overseas Chinese contributions or donations shall observe discipline and
abide by the law and enforce the law impartially. Those who are derelict of their duty, abuse their power, or engaged in malpractice
for personal gains shall be disciplined, If such an act constitutes a crime, the criminal liability of the wrongdoer shall be investigated
into.

CHAPTER SIX SUPPLEMENTARY PROVISIONS

Article 28 The present Regulations may be used as reference with respect to contributions or donations by compatriots in Hong Kong and Macao,
foreign nationals and their social organizations, and enterprises invested by them.

Article 29 The Municipal Overseas Chinese Affairs Office shall be responsible for interpreting the present Regulations with respect to their
applications.

Article 30 The present Regulations shall become effective on June 1, 1997.

CRIMINAL LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The National People’s Congress

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

No.83

The Criminal Law of the People’s Republic of China has been revised at the Second Session of the Fifth National People’s Congress
on March 14, 1997, hereby promulgate the revised edition, and shall enter into force as of October 1, 1997.

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

March 14, 1997

Criminal Law of the People’s Republic of China ContentsPart 1 General Provisions

Chapter I The Tasks, Basic Principles and Scope of Application of the

Criminal Law

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation

of a Crime

Section 3 Joint Crimes

Section 4 Crimes committed by a unit

Chapter III Punishments

Section 1 Types of Punishments

Section 2 Public Surveillance

Section 3 Criminal Detention

Section 4 Fixed-term Imprisonment and Life Imprisonment

Section 5 The Death Penalty

Section 6 Fines

Section 7 Deprivation of Political Rights

Section 8 Confiscation of Property

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Section 2 Recidivists

Section 3 Voluntary Surrender and Rendering Meritorious Service

Section 4 Combined Punishment for Several Crimes

Section 5 Suspension of Sentence

Section 6 Commutation of Punishment

Section 7 Parole

Section 8 Limitation

Chapter V Other Provisions Part 2 Specific Provisions

Chapter I Crimes of Endangering the State Security

Chapter II Crimes of Endangering Public Security

Chapter III Crimes of Undermining the Socialist Market Economic Order

Section 1 Crimes of Production and Sale of Fake or Substandard

Commodities

Section 2 Crimes of Smuggling

Section 3 Crimes of Impairing Order of Administering upon Companies

and Enterprises

Section 4 Crimes of Undermining Order of Administering upon Banking

Section 5 Crimes of Financial Fraud

Section 6 Crimes of Endangering Taxes Collection and Administration

Section 7 Crimes of Infringing upon Intellectual Property Rights

Section 8 Crimes of Disturbing Market Order

Chapter IV Crimes of Infringing upon the Rights of the Person and the

Democratic Rights of Citizens

Chapter V Crimes of Property Violation

Chapter VI Crimes of Obstructing the Administration of Public Order

Section 1 Crimes of Disturbing Public Order

Section 2 Crimes of Impairing Judicial Activities

Section 3 Crimes of Impairing Regulations of National Boundary

(Borderline)

Section 4 Crimes of Impairing Regulations of Cultural Relics

Section 5 Crimes of Endangering Public Health

Section 6 Crimes of Undermining Protection of Environmental Resource

Section 7 Crimes of Smuggling, Trafficking in, Transporting and

Manufacturing Narcotic Drugs

Section 8 Crimes of Organizing, Forcing, Luring, Sheltering and

Introducing Women into Prostitution

Section 9 Crimes of Manufacturing, Trafficking in and Disseminating

Pornographic Articles

Chapter VII Crimes of Endangering Interests of National Defence

Chapter VIII Crimes of Embezzlement and Bribery

Chapter IX Crimes of Dereliction of Duty

Chapter X Crimes Contrary to Duties Committed by Servicemen

Supplementary Provisions

Part 1 General Provisions

Chapter I The Tasks, Basic Principles and Scope of Application of the Criminal Law

Article 1

This Law is formulated with a view to punishing crimes and protecting the people, and in accordance with the Constitution, and in
the light of the concrete experiences in fighting against crimes and the actual circumstances.

Article 2

The tasks of the Criminal Law of the People’s Republic of China are to use criminal punishments to fight against all criminal acts
in order to defend the security of the State; to defend the political power of the people’s dictatorship and socialist system; to
protect property owned by the State and the property collectively owned by the working people; to protect the citizens’ privately
owned property; to protect the citizens’ rights of the person and their democratic and other rights; to maintain public order and
economical order, and to safeguard the smooth progress of the cause of the socialist revolution and socialist construction.

Article 3

Where an act is expressly defined in laws as a criminal act, it shall be determined and punished as a criminal act in accordance with
the law; where an act is not expressly defined in the laws as a criminal act, it shall not be determined and punished as a criminal
act.

Article 4

Anyone who commit a crime shall be equal in applying the law. No one is privileged to be beyond the law.

Article 5

The lightness or heaviness of the punishments shall be in accordance with the criminal acts and the criminal responsibility of the
criminals.

Article 6

This Law is applicable to anyone who commits a crime within the territory of the People’s Republic of China, unless the case is covered
by special legal provisions.

This Law is also applicable to anyone who commits a crime on board a ship or an aircraft of the People’s Republic of China.

If the criminal act or its consequence takes place within the territory of the People’s Republic of China, the crime shall be deemed
to have been committed within the territory of the People’s Republic of China.

Article 7

This Law is applicable to the citizens of the People’s Republic of China who commit crimes prescribed in this Law outside the territory
of the People’s Republic of China; however, they may not be investigated if for those crimes this Law prescribes a maximum punishment
of fixed-term imprisonment of not more than three years.

This Law is applicable to state functionaries and servicemen of the People’s Republic of China who commit crimes outside the territory
of the People’s Republic of China.

Article 8

This Law may be applicable to any foreigner who commits a crime outside the territory of the People’s Republic of China, against the
state of the People’s Republic of China or against its citizens, if for that crime this Law prescribes a minimum punishment of fixed-term
imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the law of
the place where it was committed.

Article 9

This Law is applicable to the crimes prescribed in the international treaties concluded or acceded to by the People’s Republic of
China and over which the People’s Republic of China has criminal jurisdiction within its obligation in accordance with the treaties.

Article 10

If any person commits a crime outside the territory of the People’s Republic of China for which according to this Law he would bear
criminal responsibility, he may still be dealt with according to this Law, even if he has already been tried in a foreign country.
However, if he has already received criminal punishment in the foreign country, he may be exempted from punishment or given a mitigated
punishment.

Article 11

The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.

Article 12

If an act committed after the founding of the People’s Republic of China and before the entry into force of this Law was not deemed
a crime under the laws in force at the time, those laws shall apply. If the act was deemed a crime under the laws in force at that
time and is subject to prosecution under the provisions of Section 8, Chapter IV of the General Provisions of this Law, criminal
responsibility shall be investigated according to those laws. However, if this Law does not deem it a crime or imposes a lighter
punishment, this Law shall apply.

The effective judgments made in accordance with the laws in force at that time before the entry into force of this Law, shall keep
their effectiveness.

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Article 13

A crime refers to an act that endangers the sovereignty and territorial integrity and security of the state; dismembers the state
and subverts the political power of the people’s dictatorship and overthrows the socialist system; disrupts social order and economic
order; violates property owned by the state or collectively owned by the working people; violates the citizens’ privately owned property
or infringes upon the citizens’ rights of the person and their democratic and other rights; and any other act that endangers society
and is punishable according to law. However, an act that is clearly of minor importance and little harm shall not be considered a
crime.

Article 14

An intentional crime refers to a crime committed by a person who clearly knows that his act will produce socially dangerous consequences
but who wishes or allows such consequences to occur.

Criminal responsibility shall be borne for intentional crimes.

Article 15

A negligent crime refers to a crime committed by a person who should have foreseen that his act would possibly produce socially dangerous
consequences but who fails to do so through negligence or, having foreseen the consequences, readily believes that they can be avoided,
the result being that these consequences do occur.

Criminal responsibility shall be borne for negligent crimes only when the law so provides.

Article 16

If an act in fact results in harmful consequences due to unavoidable or unforeseeable causes rather than intent or negligence, it
shall not be a crime.

Article 17

Any person who has reached the age of 16 and who commits a crime shall bear criminal responsibility.

Any person who has reached the age of 14 but not the age of 16 and who commits homicide, intentionally injuring another person resulting
in serious bodily injury or death, rape, robbery, selling narcotic drugs, arson, causing explosion, or spreading poisons, shall bear
criminal responsibility.

Any person who has reached the age of 14 but not the age of 18 and who commits a crime shall be given a lighter or mitigated punishment.

If a person is not punished because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline
and educate him. When necessary, he may also be taken in by the government for reeducation.

Article 18

If a mental patient causes dangerous consequences at a time when he is unable to recognize or control his own conduct, and such a
circumstance is confirmed by a forensic doctor, he shall not bear criminal responsibility, but his family members or guardian shall
be ordered to keep him under strict surveillance and arrange for his medical treatment. When necessary, he may also be arranged for
medical treatment under coercion by the government.

Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in
a normal mental state.

Any mental patient who does not lose completely the ability to recognize or control his own conduct and commits a crime shall bear
criminal responsibility, but he may be given a lighter or mitigated punishment.

Any intoxicated person who commits a crime shall bear criminal responsibility.

Article 19

Any deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.

Article 20

Where a person conducts an act to stop an unlawful infringement in order to avert an immediate and unlawful infringement of the state’s
interest or of the public interest or of his own or another person’s rights of the person, or property rights, or other rights, resulting
in harm to the unlawful infringer, such an act shall be justifiable defence, and criminal responsibility shall not be borne for such
an act.

Criminal responsibility shall be borne if justifiable defence apparently exceeds the limits of necessity and causes serious harm;
however, a mitigated punishment or exemption from punishment shall be given.

Where a defence is conducted to an immediate violent crime of committing physical assault, committing homicide, robbery, rape, kidnapping,
and other crimes seriously endangering the security of a person, and it causes bodily injury or death to the unlawful infringer,
such an act shall not be defence that exceeds the limits of necessity, and criminal responsibility shall not be borne for such an
act.

Article 21

Criminal responsibility shall not be borne for an act that a person is compelled to commit in an emergency to avert an immediate danger
to the state’s interest or the public interest or to his own or another person’s rights of the person or property rights or other
rights, and that causes harm.

Criminal responsibility shall be borne if an act committed in an emergency to avert danger exceeds the limits of necessity and causes
undue harm; however, a mitigated punishment or exemption from punishment shall be given.

The provisions of the first paragraph of this Article with respect to averting danger to oneself shall not apply to a person who is
charged with specific responsibility in his post or profession.

Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime

Article 22

Preparation for a crime refers to the preparation of the instruments or the creation of the conditions for a crime.

An offender who prepares for a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment
or be exempted from punishment.

Article 23

A criminal attempt refers to a case where an offender has already begun to commit a crime but is prevented from completing it for
reasons independent of his will.

An offender who attempts to commit a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment.

Article 24

Discontinuation of a crime refers to cases where, in the process of committing a crime, the offender voluntarily quits continuing
the crime or voluntarily and effectively prevents the consequences of the crime from occurring.

Where an offender who discontinues a crime and causes no harm, exempted from punishment shall be given; where an offender causes harm,
a mitigated punishment shall be given.

Section 3 Joint Crimes

Article 25

A joint crime refers to an intentional crime committed by two or more persons jointly.

A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal
responsibility shall be individually punished according to the crimes they have committed.

Article 26

A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a
principal role in a joint crime.

A criminal group refers to any relatively stable criminal organization which is composed of more than three persons for the purpose
of committing a crime jointly.

A ringleader who organizes and leads a criminal group shall be given a punishment according to all the crimes the group has committed.

A principal criminal unless otherwise stipulated in the third paragraph shall be given a punishment according to all the crimes that
he participates in or organizes or commands.

Article 27

An accomplice refers to any person who plays a secondary or auxiliary role in a joint crime.

An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.

Article 28

A person who is compelled to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment
or be exempted from punishment.

Article 29

A person who instigates others to commit a crime shall be punished according to the role he has played in the joint crime. Anyone
who instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.

If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.

Section 4 Crimes Committed by a Unit

Article 30

A company, enterprise, institution, organ, or public organization that conducts an act harmful to society, where such an act is stipulated
as a crime, shall bear criminal responsibility.

Article 31

A unit which commits a crime shall be punished with a fine, and the person(s) directly in charge and other person(s) directly involved
in the crime shall be given a punishment. Where Specific Provisions of this Law or other laws stipulate otherwise, such stipulation
shall be applied.

Chapter III Punishments

Section 1 Types of Punishments

Article 32

Punishments are divided into principal punishments and supplementary punishments.

Article 33

The principal punishments are as follows:

(1)

public surveillance;

(2)

criminal detention;

(3)

fixed-term imprisonment;

(4)

life imprisonment; and

(5)

the death penalty.

Article 34

The supplementary punishments are as follows:

(1)

fines;

(2)

deprivation of political rights; and

(3)

confiscation of property.

Supplementary punishments may be imposed independently.

Article 35

Deportation may be imposed independently or supplementarily to a foreigner who commits a crime.

Article 36

If a victim has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal sanction
according to law, be sentenced to make compensation for the economic losses in the light of the circumstances.

If a criminal who bears civil responsibility and is punished with a fine in the meantime, has no enough property to pay off, or is
punished with confiscation of property, he shall first bear responsibility of civil compensation to the victim.

Article 37

If the circumstances of a person’s crime are minor and do not require punishment, he may be exempted from criminal sanctions; however,
he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance, offer
an apology, pay compensation for the losses or be subject to administrative punishment or administrative sanctions by the competent
department.

Section 2 Public Surveillance(*1)

Article 38

The term of public surveillance shall not be less than three months and not more than two years.

Where a criminal is sentenced to public surveillance, his sentence shall be executed by a public security organ.

Article 39

A criminal who is sentenced to public surveillance must observe the following rules during the term in which his sentence is being
executed:

(1)

observe laws and administrative regulations, submit to supervision;

(2)

forbidden to exercise the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration
without approval of the public organ;

(3)

report on his own activities according to the demand of the organ executing the public surveillance;

(4)

observe the stipulation on meeting with guests by the organ executing the public surveillance; and

(5)

report and obtain approval from the organ executing public surveillance for departure from the county or city where he lives or change
in residence.

Criminals sentenced to public surveillance shall, while engaged in labour, receive equal pay for equal work.

Article 40

Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance
to the criminal sentenced to public surveillance and to his unit or the masses of the place of his residence.

Article 41

A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day spent in custody shall be considered as two days of the term sentenced.

Section 3 Criminal Detention

Article 42

A term of criminal detention shall not be less than 1 months and not more than 6 months.

Article 43

Where a criminal is sentenced to criminal detention, his sentence shall be executed by the public security organ in the vicinity.

During the period of execution, a criminal sentenced to criminal detention may go home for one to two days each month; an appropriate
remuneration may be given to those who participate in labour.

Article 44

A term of criminal detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced.

Section 4 Fixed-Term Imprisonment and Life Imprisonment

Article 45

A term of fixed-term imprisonment, unless otherwise stipulated in Article 50 and Article 69 , shall not be less than 6 months and
not more than 15 years.

Article 46

A criminal sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for execution.
Anyone who is able to work shall participate in labour, and accepts education and reform.

Article 47

A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced.

Section 5 The Death Penalty

Article 48

The death penalty shall only be applied to criminals who have committed the most heinous crimes. If the immediate execution of a criminal
punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition
of the death sentence.

All death sentences except for those that according to law should be decided by the Supreme People’s Court, shall be submitted to
the Supreme People’s Court for approval. Death sentences with a suspension of execution may be decided or approved by a higher people’s
court.

Article 49

The death penalty shall not be imposed on persons who had not reached the age of 18 at the time the crime was committed or to women
who are pregnant at the time of trial.

Article 50

If a person sentenced to death with a suspension of execution does not commit an intentional crime during the period of suspension,
his punishment shall be commuted to life imprisonment upon the expiration of that two-year period; if he performs great meritorious
service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years and not more than 20 years upon the
expiration of that two-year period; if it is verified that be has committed an intentional crime, the death penalty shall be executed
upon the approval of the Supreme People’s Court.

Article 51

The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term
imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date of expiration of the
term of suspension of execution of a death.

Section 6 Fines

Article 52

The amount of any fine imposed shall be determined according to the circumstances of the crime.

Article 53

A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the
expiration of that time limit, the payment shall be compelled. If a person is unable to pay all the fine, a people’s court shall,
when it finds that the person subjected to execution has any other property, pursue the payment at any time. If a person has true
difficulties in paying because of an unavoidable disaster, the fine may be reduced or remitted according to the circumstances.

Section 7 Deprivation of Political Rights

Article 54

Deprivation of political rights refers to deprivation of the following rights:

(1)

the right to vote and to stand for election;

(2)

the rights of freedom of speech, of the press, of assembly, of association, of procession, and of demonstration;

(3)

the right to hold a position in a state organ; and

(4)

the right to hold a leading position in any state-owned company or enterprise, institution or people’s organization.

Article 55

A term of deprivation of political rights shall not be less than one year and not more than five years, except as stipulated in Article
57 of this Law.

If a person sentenced to public surveillance is deprived of political rights as a supplementary punishment, the term of deprivation
of political rights shall be the same as the term of public surveillance, and the punishments shall be executed simultaneously.

Article 56

Criminals who commit crimes of endangering the state security shall be sentenced to deprivation of political rights as a supplementary
punishment; Criminals who commit crimes of intentional homicide, rape, arson, causing explosion, spreading poisons, robbery and other
crimes which seriously undermine public order may also be sentenced to deprivation of political rights as a supplementary punishment.

If deprivation of political rights is imposed independently, stipulation of the Specific Provisions of this Law shall be applied.

Article 57

Criminals who are sentenced to death or to life imprisonment shall be deprived of political rights for life.

If a death penalty with a suspension of execution is commuted to a fixed-term imprisonment, or a life imprisonment is commuted to
a fixed-term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less
than three years and not more than ten years.

Article 58

A term of deprivation of political rights as a supplementary punishment shall be counted from the date on which imprisonment or criminal
detention ends or from the date on which parole begins. Deprivation of political rights shall of course be in effect during the period
in which the principal punishment is being executed.

Criminals who are sentenced to deprivation of political rights shall observe laws and administrative regulations and relevant stipulations
on supervision and administration promulgated by the Department of Public Security under the State Council, submit to supervision;
and shall not exercise the rights of freedom stipulated in Article 54 of this Law.

Section 8 Confiscation of Property

Article 59

Confiscation of property refers to the confiscation of part or all of the property personally owned by a criminal. When all of the
property of a criminal is confiscated, necessaries of life for the criminal and his dependent family members shall be left out.

When a sentence of confiscation of property is imposed, property that the criminal’s family members own or should own shall not be
subject to confiscation.

Article 60

If it is necessary to use a confiscated property to repay legitimate debts that the criminal incurred before his property is confiscated,
such debts shall be paid at the request of the creditors.

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Article 61

When sentencing a criminal, a punishment shall be imposed based on the facts, nature and circumstances of the crime, the degree of
harm done to society and the relevant provisions of this Law.

Article 62

In cases where the circumstances of a crime call for a heavier or a lighter punishment under the provisions of this Law, the criminal
shall be sentenced to a punishment within the limits of the prescribed punishment.

Article 63

In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law, the criminal shall be
sentenced to a punishment less than the prescribed punishment.

Even if the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, the criminal may, upon
approval of the Supreme People’s Court, be sentenced to a punishment less than the prescribed punishment according to the special
particulars of the case.

Article 64

All property illegally obtained by a criminal shall be recovered, or compensation shall be ordered. Legal property of the victim shall
be returned. Contrabands and possessions of the criminal that were used in the crime shall be confiscated. The property confiscated
and fine shall be turned over to the State Treasury, and shall not be misappropriated or disposed without authorization.

Section 2 Recidivists

Article 65

If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence
of not less than fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be given a heavier punishment. However,
this shall not apply to cases of negligent crime.

For criminals who are paroled, the period stipulated in the preceding paragraph shall be counted from the date the parole expires.

Article 66

A criminal who has committed a crime of endangering the state’s security at any time after serving his sentence or receiving a pardon
shall, if he commits another crime of endangering the state’s security, be dealt with as a recidivist.

Section 3 Voluntary Surrender and Rendering Meritorious Service

Article 67

Voluntary Surrender refers to the case that anyone who voluntarily surrenders himself to a judicial organ after committing a crime,
and truthfully confesses his crime. A criminal who conducts voluntary surrender may be given a lighter or mitigated punishment. Those
whose crimes are relatively minor may be exempted from punishment.

If a suspected criminal or defendant under compulsory measure or criminal who serves a sentence truthfully confesses his other crimes
that is unknown to a judicial organ, he shall be dealt with as voluntary surrender.

Article 68

A criminal who is verified that he discloses another person’s crime, or provides key clues that lead to solve another case or renders
other meritorious service may be given a lighter or mitigated punishment. Those who renders great meritorious service may be given
a mitigated punishment or be exempted from punishment.

Those who not only conducts voluntary surrender but also renders great meritorious service shall be given a lighter punishment or
be exempted from punishment.

Section 4 Combined Punishment for Several Crimes

Article 69

For a criminal who commits several crimes before a judgment is pronounced, unless he is sentenced to death or life imprisonment, his
term of punishment shall be decided in such a way that it may not exceed the total of the terms for all the crimes and must be longer
than the maximum term for any one of the crimes, depending on the circumstances of each case. However, the term of public surveillance
may not exceed three years, the term of criminal detention may not exceed one year, and fixed-term imprisonment may not exceed twenty
years.

If among the crimes there are any for which a supplementary punishment is imposed, the supplementary punishment must still be executed.

Article 70

If after a judgment has been pronounced but before the punishment has been completely executed it is discovered that b

CIVIL AIR DEFENSE LAW

Civil Air Defense Law of the People’s Republic of China



	(Adopted at the 22nd Meeting of the Standing Committee of the Eighth National People’s Congress on October 29, 1996 and promulgated by Order No.78 of the President of the People’s Republic of China on October 29, 1996) Contents Chapter I General Provisions Chapter II Priority of Protection Chapter III Civil Air Defense Works Chapter IV Communications and Warning Chapter V Evacuation Chapter VI Mass Organizations for Air Defense Chapter VII Education in Civil Air Defense Chapter VIII Legal Liability Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted for the purpose of organizing effective civil air defense, preserving safety of people’s lives and property and ensuring the smooth progress of the socialist modernization drive. Article 2 Civil air defense is a component part of national defense. In light of the need of national defense, the State mobilizes and organizes the masses to take protective measures for preventing or minimizing damage caused by air raid. For civil air defense, the guidelines of making long-term preparation, giving priority to the building of key works and suiting both peacetime and wartime needs shall be applied and the principles of coordinating its buildup with the development of the economy and combining it with urban construction shall be carried out. Article 3 People’s governments at or above the county level shall incorporate civil air defense construction into their plans for national economic and social development. Article 4 The expenses for civil air defense shall be jointly borne by the State and the society. The proportion borne by the Central Government shall be incorporated in the central budget, while the proportions borne by the local people’s governments at or above the county level shall be incorporated in their budgets respectively. Relevant units shall bear their proportions of the expenses for civil air defense in accordance with relevant State regulations. Article 5 In accordance with relevant regulations, the State adopts preferential policies with regard to construction of civil air defense projects. The State encourages and supports enterprises, institutions, public organizations and individuals to invest in various ways in construction of civil air defense works. In time of peace, such works shall be used and managed by the investors and the income therefrom shall be owned by them. Article 6 The State Council and the Central Military Commission shall exercise leadership in the work of civil air defense throughout the country. As authorized by the State Council and the Central Military Commission, the major military commands shall exercise leadership in the work of civil air defense in the areas under their command. Local people’s governments at or above the county level and the military organs at the corresponding level shall exercise leadership in the work of civil air defense in their administrative areas respectively. Article 7 The competent national department for civil air defense shall administer the work of civil air defense throughout the country. The competent departments for civil air defense of the major military commands shall administer the work of civil air defense in their areas respectively. The competent departments for civil air defense of the local people’s governments at or above the county level shall administer the work of civil air defense in their administrative areas respectively. The competent departments for civil air defense of the State organs at the central level shall administer the work of civil air defense of their own organs. Provisions for the establishment and the functions and duties of the competent departments for civil air defense shall be formulated by the State Council and the Central Military Commission. The relevant departments for planning and construction of the people’s governments at or above the county level shall be responsible for the work of civil air defense within the limits of their respective functions and duties. Article 8 All organizations and individuals shall have the right of being protected by civil air defense and must perform their duties in civil air defense according to law. Article 9 The State protects civil air defense facilities from damage. All organizations and individuals are prohibited to destroy or seize civil air defense facilities. Article 10 People’s governments and military organs at or above the county level shall give awards to organizations and individuals that have achieved outstanding successes in work of civil air defense. Chapter II Priority of Protection Article 11 Cities enjoy priority in civil air defense. The State applies a system whereby different categories of cities are provided with different grades of protection. Provisions for differentiating the cities for different grades of protection shall be formulated and the standards for such protection established by the State Council and the Central Military Commission. Article 12 People’s governments of cities shall devise air defense programmes and draw up plans for their enforcement and may organize exercise when necessary. Article 13 People’s governments of cities shall work out plans for construction of civil air defense works and incorporate them into their overall urban plans. Article 14 In constructing trunk lines of underground traffic and other underground projects in a city, consideration shall be given to the needs of civil air defense. Article 15 All projects for storing grains, medicines, oils and other necessary goods and materials for wartime use shall be built underground or in other concealed places. Article 16 Relevant departments must take effective measures of protection towards important economic targets and work out plans dealing with emergencies and doing rush repairs. “Important economic targets” mentioned in the preceding paragraph include important industrial and mining enterprises, scientific research bases, hubs of communications, signal centers, bridges, reservoirs, warehouses and power stations. Article 17 The competent departments for civil air defense shall, in accordance with relevant regulations, conduct supervision over and inspection of the civil air defense construction projects of cities and economic targets. The units under inspection shall provide them with truthful reports and the necessary information and materials. Chapter III Civil Air Defense Works Article 18 Civil air defense works include underground protective structures that are constructed particularly for sheltering people and goods and materials, civil air defense command and medical aid in time of war, and basements that are constructed in combination with the surface buildings and that can be used for air defense in time of war. Article 19 The State provides guidance to construction of different categories of civil air defense works in accordance with the different requirements of protection. The State formulates plans for construction of civil air defense works in accordance with the need of national defense and in light of the level of urban construction and economic development. Article 20 Under the prerequisite of ensuring their functions in time of war, civil air defense works shall be constructed in such a way as to benefit economic development, production and life of the people and the development and use of such works in time of peace. Article 21 The competent departments for civil air defense shall be responsible for organizing construction of such works as civil air defense commands, shelters for public use and main passages for evacuation. Other relevant departments shall be responsible for organizing construction of special works for medical aid and for storage of goods and materials. The relevant units shall be responsible for constructing works for sheltering their own employees, goods and materials. Article 22 Basements that can be used for air defense in time of war shall, in accordance with the relevant regulations of the State, be constructed in new buildings of cities for civil use. Article 23 The design, construction and quality of civil air defense works must conform to the protection and quality standards established by the State. The final design and manufacture of special equipment for civil air defense works must conform to the standards established by the State. Article 24 The relevant departments of the people’s governments at or above the county level shall, in accordance with law, guarantee the land needed for construction of civil air defense works, and provide the necessary conditions for constructing civil air defense works that connect such infrastructures as roads, power supply, heat supply, water supply and drainage and communications systems in urban areas. Article 25 The competent departments for civil air defense shall oversee and inspect the maintenance and management of civil air defense works. The competent departments for civil air defense shall be responsible for the maintenance and management of civil air defense works for public use. The relevant units shall in accordance with State regulations, maintain and manage civil air defense works already built or put to use, and keep them in good repair. Article 26 The State encourages peacetime use of civil air defense works for economic development and the daily lives of the people. However, such use may not impair their functions as air defense works. Article 27 No organizations or individuals may conduct any operation that may impair the use of civil air defense works or weaken their protective capacities, discharge waste water or gas or dump waste material into any civil air defense works, or produce or store any explosives, hypertoxics, inflammables, radioactive substances or corrosives therein. Article 28 No organizations or individuals may without approval dismantle any civil air defense works as specified in Article 21 of this Law. Where it is truly necessary to dismantle such works, the matter must be reported to the competent department for civil air defense for approval, and the unit that dismantles the works shall be responsible for reconstruction or compensation. Chapter IV Communications and Warning Article 29 The State ensures unimpeded civil air defense communications and warning in order that air defense warning signals are promptly and accurately transmitted and sent out and civil air defense is effectively organized and directed. Article 30 The competent national department for civil air defense shall be responsible for working out national plans of construction projects for civil air defense communications and warning and organizing the establishment and management of the national network of civil air defense communications and warning. The competent departments for civil air defense of the local people’s governments at or above the county level shall be responsible for working out plans of construction projects for civil air defense communications and warning in their administrative areas and organizing the establishment and management of their local networks of civil air defense communications and warning. Article 31 Post and telecommunications departments, military communications departments and competent departments for civil air defense shall guarantee civil air defense communications by way of fulfilling their respective tasks prescribed by the State and carrying out the plans of construction projects for civil air defense communications and warning. Article 32 Post and telecommunications departments, military communications departments and radio administration authorities shall guarantee provision of the circuits and frequency required by the competent departments for civil air defense in establishing communications and warning networks, the relevant units and individuals shall provide convenience for installation of facilities of civil air defense communications and warning, and may not obstruct it. No organizations or individuals may use the same frequency or the same acoustic signals as those specially used by the State for civil air defense communications or air defense warning. Article 33 In time of war, the communications, broadcasting and television systems must give first priority to the transmission and sending out of air defense warning signals. Article 34 The relevant military departments shall communicate air intelligence to the competent departments for civil air defense and assist the latter in training special personnel in this field. Article 35 All facilities for civil air defense communications and warning must be kept in good repair. Civil air defense warning facilities shall be maintained and controlled by the units in which they are installed and may not be dismantled without approval. When necessary, the local people’s governments at or above the county level may organize trial air defense warning and shall make it known to the public five days before the trial. Article 36 In time of peace, all facilities for civil air defense communications and warning shall be used in cases of emergency and disaster. Chapter V Evacuation Article 37 Civil air defense evacuation shall be directed in a unified manner by the people’s governments at or above the county level. Civil air defense evacuation must be carried out in accordance with the order issued by the State. No organization may go into action without such order. Article 38 People’s governments at or above the county level shall organize relevant departments to formulate plans for urban civil air defense evacuation according to need. Evacuation zones shall be predetermined by the people’s government of the administrative area where such zones are located, if the zones extend to cover two or more administrative areas, they shall be predetermined by the people’s government at the next higher level. Article 39 People’s governments at or above the county level shall organize relevant departments and units to make ample preparations for arrangement of the urban population to be evacuated and for storage, transport and supply of goods and materials. Article 40 Where it is necessary to evacuate rural population, the local people’s government shall have them evacuated to nearby places, which should be adhered to as a principle. Chapter VI Mass Organizations for Air Defense Article 41 Local people’s governments at or above the county level shall, in light of the need of civil air defense, have relevant departments establish mass organizations for air defense. The tasks to be performed by mass organizations for air defense in time of war include dealing with emergencies, doing rush repairs, providing medical aid, preventing and extinguishing fire, engaging in epidemic prevention, disinfection and sterilization, eliminating contamination, ensuring signal communications, rescuing people, doing emergency transportation of goods and materials and maintaining public order, and in time of peace they shall assist the departments for fighting against floods and earthquakes in dealing with emergencies and doing disaster relief. Article 42 The following departments shall be responsible for organizing mass organizations for air defense: (1) The departments for urban construction, public utilities and power supply shall organize teams to deal with emergencies and do rush repairs; (2) Public health and medical departments shall organize medical aid teams; (3) Public security departments shall organize fire-fighting teams and public security teams; (4) The departments for public health, chemical industry and environmental protection shall organize anti-chemical and anti-epidemic teams; (5) The post and telecommunications departments shall organize communications teams; and (6) The transportation departments shall organize transportation teams. The Red Cross organizations shall provide first aid according to law. Article 43 The equipment, apparatus and funds needed by mass organizations for air defense shall be provided by competent departments for civil air defense and the units that organize them. Article 44 Mass organizations for air defense shall carry out specialized training in accordance with the training program and plans formulated by the competent departments for civil air defense. Chapter VII Education in Civil Air Defense Article 45 The State develops civil air defense education to help citizens enhance their awareness of the importance of national defense and acquire the basic knowledge and skills of civil air defense. Article 46 The competent national department for civil air defense shall be responsible for organizing and formulating civil air defense education plans and specifying the contents for such education. The competent education departments and the competent departments for civil air defense at various levels shall arrange civil air defense education among students at school. Civil air defense education for the personnel of State organs, public organizations, enterprises and institutions shall be arranged by the units to which they belong; and such education for other persons shall be arranged by urban and rural people’s governments at the grassroots level. Article 47 The relevant departments for the press, publishing, broadcasting, film, television and culture shall assist in developing civil air defense education. Chapter VIII Legal Liability Article 48 A party that, in violation of the relevant regulations of the State, fails to construct, in its newly-constructed building for civil use in an urban area, a basement to be used for air defense in time of war shall be given a disciplinary warning by the competent department for civil air defense of the people’s government at or above the county level and be ordered to build it within a time limit, and may also be fined not more than 100,000 yuan. Article 49 A party that commits any of the following acts shall be given a disciplinary warning by the competent department for civil air defense of the people’s government at or above the county level and be ordered to set it right within a time limit, and in the case of an individual a fine of not more than 5,000 may also be imposed on him and in the case of a unit a fine ranging from 10,000 to 50,000 yuan may also be imposed on it; the party shall be liable for the losses according to law, if any: (1) occupying civil air defense works; (2) failing to construct civil air defense works in conformity with the protection standards and quality standards established by the State; (3) altering, in violation of the relevant regulations of the State, the major structure of civil air defense works, dismantling equipment or facilities for such works or endangering the safety or impairing the functions of the works by any other means; (4) refusing to reconstruct the civil air defense works that were dismantled; (5) using the special frequency for civil air defense communications or the same acoustic signals as those used for air defense warning or dismantling, without approval, equipment or facilities for civil air defense communications and warning; (6) obstructing the installation of facilities of civil air defense communications and warning and refusing to stop doing so ; or (7) discharging waste water or gas or dumping waste material into civil air defense works. Article 50 Anyone who, in violation of the provisions of this Law, intentionally damages civil air defense facilities or produces or stores in civil air defense works such hazards as explosives, hypertoxics, inflammables or radioactive substances, shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security if the violation does not constitute a crime; otherwise, he shall be investigated for criminal responsibility according to law. Article 51 Any member of the competent departments for civil air defense who neglects his duty, abuses his power, conducts malpractices for personal gain, or commits any other violations or negligence, shall be investigated for criminal responsibility according to law if the case constitutes a crime; otherwise, he shall be subjected to administrative sanction according to law. Chapter IX Supplementary Provisions Article 52 The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate measures for implementation in accordance with this Law. Article 53 This Law shall go into effect as of January 1, 1997.

REGULATIONS FOR CUSTOMS CHECK

Regulations of the PRC For Customs Check

(Promulgated on January 3, 1997 by Decree No. 209 of the State Council of the People’s Republic of China)

CHAPTER I GENERAL PROVISIONS

CHAPTER II MANAGEMENT OF RELEVANT MATERIALS

CHAPTER III IMPLEMENTATION OF CUSTOMS CHECKS

CHAPTER IV DISPOSAL OF RESULTS OF CUSTOMS CHECKS

CHAPTER V LEGAL RESPONSIBILITIES

CHAPTER VI SUPPLEMENTARY RULES

Article 1 These Regulations are hereby formulated with a view of establishing and perfecting the Customs check system and strengthening Customs
supervision and control so as to maintain a normal import and export order, protect the legetimate rights and interests of parties
concerned, guarantee national tax revenue, and promote the development of foreign trade.

Article 2 For the purpose of theses Regulations, the term “Customs check” means the check made by the Customs within three years from the date
when import and export goods are passed or within the Customs supervision and control period of bonded goods or imported goods with
deducted or exempted duties of the account books, vouchers, Customs declaration documents and other relevant materials (hereinafter
referred to as relevant materials) and the relevant import and export goods of the unit covered in the check to supervise and control
the authenticity and legality of the import and export activities of the said Unit.

Article 3 The Customs shall carry out check on the following enterprises and units directly related to import and export activities:

(1) Enterprises and units engaged in foreign trade.

(2) Enterprises engaged in processing trade.

(3) Enterprises engaged in bonded business.

(4) Enterprises and units utilizing or handling imported goods with decucted duties or with duties exempted.

(5) Enterprises engaged in Customs declaration.

(6) Other enterprises and units engaged in businesses directly related to import and export activities set by the General Administration
of Customs.

Article 4 When carrying out checks, the Customs and its staff shall be objective, impartial, practical and realistic, honest and clean; keep
commercial secrets of the units under check, and refrain themselves from infringing upon the legetimate rights and interests of the
units under check.

CHAPTER II MANAGEMENT OF RELEVANT MATERIALS

Article 5 Activities related to import and export businesses shall be authentically, correctly and completely recorded in and reflected by
account books, vouchers, accounting reports and other accounting materials established and worked out by the enterprises and units
directly related to import and export activities.

Article 6 The enterprises and units directly related to import and export activities shall keep the account books, vouchers, accounting reports
and other accounting materials in accordance with the time limits prescribed in relevant laws and regulations for keeping them. The
Customs declaration documents, and documents for import and export and other materials directly related to import and export businesses
shall be kept for a period of three years as from the date when the import/export goods are released.

Article 7 If enterprises and units directly related to import and export activities have a perfect accounting system and their book keeping
and business accounting can be carried out by computers, their accounting records stored in and printed from the computers shall
be treated as accounting materials and printed out as written records for keeping in accordance with these Regulations.

Article 8 Enterprises and units directly related to import and export activities shall, according to Customs requirements, submit materials
concerning the purchase, marketing, processing, utilizing, loss and inventory of import and export goods.

CHAPTER III IMPLEMENTATION OF CUSTOMS CHECKS

Article 9 The Customs shall set focal points of Customs checks and draw up annual plans for Customs checks according to the requirements of
Customs supervision and control and the specific situation of import and export enterprises and units as well as import and export
goods.

Article 10 When carrying checks, the Customs shall, three days before the start of the checks, notify the enterprises and units to be checked
(hereinafter referred to as the units for check) in written form. Under special circumstances and with the approval of the Director
General of the Customs, the Customs can carry out checks without prior notice.

Article 11 When the Customs implements checks, a check panel shall be formed. The check panel shall consist of two persons at least.

Article 12 When carrying out checks, Customs officers shall show their Customs Check Certificates.

The Customs Check Certificates shall be produced and issued by the General Administration of Customs in a unified way.

Customs offiers who have a direct link with the unit being checked shall not take part in the check of these units.

Article 14 The Customs can exercise the following power when carrying out checks:

(1) To consult and copy relevant material.

(2) To enter the production and operation areas and storage areas of the units being checked to inspect the production and operation
situation and the goods related to import and export activities.

(3) To inquire into situations and matters related to import and export activities with the legal representative, the person in charge
and other related personnel of the units being checked.

(4) To inquire about the deposit accounts in commercial banks or other financial institutions of the units being checked with the
approval of the Director General of the Customs.

Article 15 Should the Customs discover during conduction of checks that the relevant materials are possibly transferred, concealled, distorted
or scrapped by the units being checked, it can seal and keep the relevant materials temporarily with the approval of the Director
General of the Customs. This measure shall by no means hamper the normal production and operation activities of the units being
checked.

After the Customs ascertains the facts of the matters concerned or obtains the evidence, it shall release the seal of the relevant
materials immediately.

Article 16 Should the Customs discover while conducting checks that the import and export goods of the units being checked are suspecious of
breaking the Customs Law and other relevant laws and regulations, it can seal and keep the relevant import and export goods.

Article 17 The units being checked shall cooperate with the Customs during its conduction of checks and provide necessary working conditions
for the Customs.

Article 18 The units being checked shall accept Customs checks, make true reports to the Customs, and provide the relevant materials without
refusal, delay or concealment.

In the case of book keeping by computers, the units being checked shall provide the Customs with softwares for book keeping, user’s
guide and relevant materials.

Article 19 When the Customs consults or copies the relevant materials of the units being checked or enters their production and operation areas
or storage areas to make inspections, the legal representative or the chief leader or their authorized representatives shall be present
to check account books, open storage areas, move goods or untie packings at the request of the Customs.

Article 20 During Customs checks, enterprises and units that have financial contacts or other business relations with the units being checked
shall faithfully report relevant matters of the units being checked to the Customs and provide the Customs with relevant materials
and evidences.

Article 21 After conduction of checks, the Customs Check Panel shall submit a check report to the Customs. Comments of the units being checked
shall be solicited before the check report is submitted to the Customs. The units being checked shall, within 7 days as from the
date when it receives the check report, and hand over its comments in written form to the Customs.

Article 22 The Customs shall, within 30 days as from the date when it receives the check reports, make decisions on the checks and send these
decisions to the units being checked.

CHAPTER IV DISPOSAL OF RESULTS OF CUSTOMS CHECKS

Article 23 If customs duties or other import taxes are discovered to be paid insufficiently or evaded, the Customs shall collect these duties
or taxes according to stipulations in the Customs Law and other laws and regulations concerning taxation. Where the taxes are insufficiently
paid or evaded due to infringement on stipulations on the part of the units being checked, the Customs shall impose taxes according
to the Customs Law and other laws and regulations concerning taxation.

Units being checked that fail to pay taxes retrospectively within the period set by the Customs shall be subject to mandatory measures
taken by the Customs according to the first clause of Article 37 of the Customs Law.

Article 24 The import and export goods sealed off or seized according to Article 16 of these Regulations shall be released immediately when
suspicion of law infringement is ruled out through Customs checks. If these goods are proved to be illegal through Customs checks,
the Customs shall deal with the units being checked according to the Customs Law and the Regulations for Imposing Administrative
Penalities Under the Customs Law.

Article 25 Units being checked shall be sanctioned by the Customs in accordance with the Customs Law and the Regulations for Imposing Administrative
Penalties Under the Customs Law should they be found during Customs checks to have broken Customs supervision and control rules.

Article 26 The units being checked that are discovered during Customs checks to have been engaged in smuggling and thereby committing crimes
shall be subject to criminal prosecution pursuant to law. Smuggling cases that are not serious enough to become criminal shall be
handled in accordance with the Customs Law and the Regulations for Imposing Administrative Penalties Under the Customs Law.

Article 27 The taxes that are levied or collected retrospectively, the smuggled goods and illegal revenues that are consficated, and the fines
that are imposed by the Customs during Customs checks shall be turned into the state coffers.

Article 28 Disputes concerning tax payment that may arise between the units being checked and the Customs shall be settled according to Article
46 of the Customs Law.

Article 29 The units being checked out shall be fined by the Customs for a sum between 10,000 yuan and 30,000 yuan if they conduct one of the
following acts and fail to make corrections with the prescribed time limits, or be deprived of qualification for Customs declaration
if their cases are serious enough, with their chief leaders and other persons immediately involved being fined a sum between 1,000
and 5,000 yuan:

(1) Providing the Customs with false information or concealing important facts.

(2) Refusing or delaying supply of relevant materials.

(3) Transferring, concealing, distorting or scrapping the relevant materials.

Article 30 If the units being checked have not set up or worked out the relevant materials, the Customs shall order them to make up within prescribed
time limits. Failure to obey shall lead to fines ranging 10,000 and 50,000 yuan. Units involved in serious cases shall also be deprived
of Customs declaration qualifications, and their leaders and other persons directly responsible shall be subject to fines ranging
between 1,000 and 5,000 yuan.

Article 31 Customs staff who neglect their duties, engage in malpractices or irregularities, abuse their power, or receive or extort properties
from the units being checked during performance of duties and consequently commit criminal offenses shall be subject to criminal
prosecutions persuant to law. Those involved in cases not so serious as to be criminal shall be handled administratively.

Article 32 These Regulations shall be implemented by the General Administration of Customs.

Article 33 These Regulations shall enter into force from the date of promulgation.

CONSTITUTION ACT, 1982 – page 22

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

Category	LEGAL PERSONS AND ECONOMIC ORGANIZATIONS	Organ of Promulgation	The Standing Committee of the National People’s Congress	Status of Effect	In Force
Date of Promulgation	1997-02-23	Effective Date	1997-08-01

Category	CULTURE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1997-03-08	Effective Date	1997-05-01

Category	FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1997-12-31	Effective Date	1997-12-31

Category	ADMINISTRATION FOR INDUSTRY AND COMMERCE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1997-11-19	Effective Date	1997-11-19

Category	COMMUNICATIONS AND TRANSPORT	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1997-05-26	Effective Date	1997-08-01

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