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2004

REGULATIONS ON THE PROTECTION OF BASIC FARMLAND

Category  LAND ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1998-12-27 Effective Date  1999-01-01  


Regulations on the Protection of Basic Farmland (1998)

Chapter I  General Provisions
Chapter II  Delimitation
Chapter III  Protection
Chapter IV  Supervision and Administration
Chapter V  Legal Liability
Chapter VI  Supplementary Provisions

(Promulgated by Decree No. 257 of the State Council of the People’s

Republic of China on December 27, 1998)
Chapter I  General Provisions

    Article 1 These Regulations are formulated in accordance with the
Agricultural Law of the People’s Republic of China and the Land
Administration Law of the People’s Republic of China with a view to
practising special protection of basic farmland and promoting sustainable
development of agricultural production and social economy.

    Article 2  The state practises the system of protection of basic
farmland.

    The basic farmland referred to in these Regulations means the
designated cultivated land which shall not be occupied and utilized
in pursuance of the demand for agricultural produce of the population
and socioeconomic development at a given period and the overall planning
for land utilization.

    The basic farmland protection zones referred to in these Regulations
mean the specific protection zones determined in accordance with the
overall planning for land utilization and in pursuance of the legal
procedures for the purpose of practising special protection of basic
farmland.

    Article 3  The policy of overall planning, rational utilization,
combination of ulitization and nurturing and strict protection shall
be adhered to in the protection of basic farmland.

    Article 4  Local people’s governments at all levels above the
county level should include the work of protection of basic farmland
in the national economic and social development plan as one of the
contents of the goals of the government leadership responsibility system
during the term of office and the implementation of which shall be
supervised by the people’s government at the next higher level.

    Article 5  All units and individuals have the obligation to
protect the basic farmland and have the right to report or file
a charge against acts of infringement on and occupation of and destruction
of basic farmland and other acts in violation of these Regulations.

    Article 6  The competent department of land administration and
the competent department of agriculture administration under the State
Council shall be responsible for the work of administering the protection
of basic farmland nationwide in accordance with the division of functions
and responsibilites prescribed by the State Council and in pursuance of these Regulations.

    Competent departments of land administration and competent departments
of agriculture administration of local people’s governments at all levels
above the county level shall be responsible for the work of administering
the protection of basic farmland within their respective administrative
areas in accordance with the division of functions and responsibilities
prescribed by the people’s government at the corresponding level and
in pursuance of these Regulations.

    The village(township) people’s governments shall be responsible for
the work of administering the protection of basic farmland within their
respective administrative areas.

    Article 7  The state shall reward the units and individuals having
made remarkable achievements in the work of basic farmland protection.
Chapter II  Delimitation

    Article 8  People’s governments at all levels should, in the process
of compiling the overall planning for land utilization, list basic
farmland protection as one of the contents of the planning, expressly
defining the arrangement for the layout, quantum targets and quality
requirements of basic farmland protection.

    County-level and village(township) overall planning for land
utilization should determine the basic framland protection zones.

    Article 9  The basic farmland delimited by the provinces, autonomous
regions and municipalities directly under the Central Government should
account for more than 80% of the total area of cultivated land within
their respective administrative areas. Specific quantum targets shall
be broken down and transmitted level by level in accordance with the
overall national planning for land utilization.

    Article 10  The following cultivated land should be delimited as
basic farmland protection zones and put under strict administration:

    (1)cultivated land in foodgrains, cotton and oils production bases
determined upon approval of the competent departments concerned under the
State Council or local people’s governments above the county level;

    (2)cultivated land with good water conservancy and water and soil
conservation works and median- or low-yield farmland under transformation
plan as well as those that can be transformed;

    (3)vegatables production bases;

    (4)plots for agricultural scientific research and teaching experiments.

    Cultivated land along such lines of communications as railways and
highways and on the periphery of land for construction in municipalites
and villages and townships should be delimited as basic farmland protection
zones on a priority basis in accordance with the overall planning for land
utilization; cultivated land that needs to be returned to forestry, grazing
and lakes should not be delimited as basic farmland protection zones.

    Article 11  Zoning and demarcation of basic farmland protection zones
shall be carried out with the village(township) as the unit, organization
for the implemention of which shall be conducted by the competent
department of land administration of the people’s government at the
county level in conjunction with the competent department of agriculture
administration at the same level.

    People’s governments at the county level shall set up protection markers
for the delimited basic farmland protection zones and make an announcement
thereof, the competent departments of land administration of people’s
governments at the county level shall build files with copies sent to
the competent departments of agriculture administration at the same level.
No unit or individual shall destroy or alter without authorization
protection markers of a basic farmland protection zone.

    Upon zoning and demarcation of basic farmland, people’s governments of the provinces, autonomous regions
and municipalities directly under the
Central Government shall organize the competent departments of land
administration and the competent departments of agriculture administration
in conducting acceptance checks for confirmation, or people’s governments
of municipalities with subordinate districts and autonomous prefectures
shall, with the authorization of people’s governments of the provinces and
autonomous regions, organize the competent departments of land
administration and the competent departments of agriculture administration
in conducting acceptance checks for confirmation.

    Article 12  No change shall be effected in contratual management rights
of the land contractors in the delimitation of basic farmland protection
zones.

    Article 13  Technical rules for the delimitation of basic farmland
protection zones shall be formulated by the competent department of land
administration under the State Council in conjunction with the competent
department of agriculture administration under the State Council.
Chapter III  Protection

    Article 14  Local people’s governments at all levels should take measures
to ensure that there is no reduction in the quantum of basic farmland within
their respective administrative areas as determined by the overall planning
for land utilization.

    Article 15  No unit or individual shall change or occupy the basic
farmland protection zone upon delimitation according to law. In the event of inability to move away from basic farmland protection
zones in site selection
for such major construction projects as state energy, communications, water
conservancy and military installations that require occupation of basic
farmland involving diversion to other use of agricultural land or land
requisition, it must be subject to the approval of the State Council.

    Article 16  Where occupation of basic farmland has been approved by the
State Council, people’s government of the locality should revise the
overall planning for land utilization in accordance with the approval
document of the State Council, and make up equivalent basic farmland in
quantum and quality. The occupation unit should, in accordance with the
principle of reclamation according to occupation, be responsible for the
reclamation of culltivated land equivalent to the quantum and quality of the basic farmland occupied; where there are no conditions
for reclamation
or the reclaimed cultivated land fails to conform to requirements, payament
of cultivated land reclamation fee should be effected in accordance with
the provisions of the provinces, autonomous regions and municipalities
directly under the Central Government.

    Basic farmland occupation units should, in accordance with the
requirements of people’s governments above the county level, apply
the soil of the cultivated layer of the basic farmland occupied to
soil improvement of the newly reclaimed cultived land, inferior land
or other cultivated land.

    Article 17  Kiln building, house construction, tomb building, sand
digging, quarrying, mining, earth gathering, piling up of solid wastes
or other acitivites that destroy basic farmland by any unit or
individual within basic farmland protection zones shall be prohibited.

    Occupation of basic farmland by any unit or individual for the
development of forestry industry, fruit industry and digging of ponds
for fish farming shall be prohibited.

    Article 18  Rendering basic farmland idle or barren by any unit or
individual shall be prohibited. Where occupation of basic farmland for
a major construction project approved by the State Council fails to
be utilized on expiry of one year that can be cultivated and harvested,
cultivation on the said plot of basic farmland should be resumed by the
collective or individual(s) that previously cultivated it, or cultivation
can be organized by the land use unit; where construction has not been
started for more than one year, payment of idle fee should be effected
in accordance with the provisions of the provinces, autonomous regions
and municipalities directly under the Central Government; where the
land has not been utilized for two consecutive years, people’s governments
above the county level shall, subject to the approval of the State Council,
withdraw the land use right of the land use unit without compensation;
the said plot of land originally owned collectively by peasants should
be handed over to the original rural collective economic organization
for resumption of cultivation and included in the basic farmland protection
zone again.

    In respect of any unit or individual for contratual management of basic
farmland that abandons cultivation and renders the land barren for two
consecutive years, the original contract-issuing unit should terminate the
contract and withdraw the contracted basic farmland.

    Article 19  The state advocates and encourages agricultural producers in
the application of organic fertilizers, rational application of chemical
fertilizers and agricultural chemicals in the basic farmland under their
management. Units and individuals using basic farmland for agricultural
production should maintain and improve the fertility of land.

    Article 20  People’s governments at the county level should, in the
light of the actual conditions of the localities, work out measures for
the classification and grading of land fertility of basic farmland and the
competent departments of agriculture shall, in conjuction with the competent
departments of land administration, organize the implemention thereof,
carry out classification and grading of land fertility of basic farmland
and compile files.

    Article 21  Rural collective economic organizations or villagers’
committees should evaluate the grades of land fertility of basic farmland
at regular intervals.

    Article 22  Competent departments of agriculture administration of local people’s governments at all levels above the county level
should,
step by step, establish long-range fixed-position monitoring networks and
points for land fertility and performance in fertilizer application of basic farmland, submit reports on the change of land fertily
of basic
farmland and put forward corresponding protective measures for land
fertility to people’s governments at the corresponding level at regular
intervals, and provide agricultural producers with guidance and services
in fertilizer application.

    Article 23  Competent departments of people’s governments above the
county level should, in conjuction with the competent departments of environmental protection administration at the same level, carry
out
monitoring and evaluation of environmental pollution in basic farmland,
and submit reports on the quality of environment and trends to people’s
governments at the corresponding level at regular intervals.

    Article 24  Where occupation of basic farmland has been apporved by
the State Council for the construction of major state construction projects,
state provisions for environmental protection relating to construction
projects must be adhered to. A proposal for the environmental protection
of basic farmland should be included in the report on the environmental
impact of the construction project.

    Article 25  Fertilizers supplied to basic farmland protection zones
and urban garbage and sludge used as fertilizer should conform to relevant
state standards.

    Article 26  In the event of occurrence of an accident or other
emergencies resulting in or possible of resulting in environmental
pollution of basic farmland, the party concerned must immediately take
measures to handle the situation, and report to the competent department
of environmental protection and the competent department of agriculture
administration of the locality and accept investigation and handling.
Chapter IV  Supervision and Administration

    Article 27  In localities where there are establishment of basic
farmland protection zones, local people’s governments above the county
level should conclude instruments of responsibility for the protection
of basic farmland with the people’s government at the next lower level;
village(township) people’s governments should, in accordance with the
requirements of the instruments of responsibility for the protection of basic farmland signed with people’s governments at the county
level,
conclude instruments of responsibility for the protection of basic
farmland with rural collective economic organizations or villagers’
committees.

    Instruments of responsibility for the protection of basic farmland
should contain the following contents:

    (1)scope, area and number of plots of basic farmland;

    (2)land fertility grades of basic farmland;

    (3)protective measures;

    (4)rights and obligations of the parties interested; and

    (5)rewards and penalties.

    Article 28  Local people’s governments above the county level should
establish the system of supervision and inspection of protection of basic
farmland, organize at regular intervals the competent departments of land
administration, the competent departments of agriculture administration
as well as other departments concerned in conducting inspection of protection of basic farmland and submit a report in writing on
the
inspection to people’s government at the next higher level. Units or
individuals under inspection should truthfully provide relevant information
and materials and must not refuse to do so.

    Article 29  Competent departments of land administration and competent
departments of agriculture administration of local people’s governments above
the county level have the power to order a rectification with respect to
occurrences of acts of destroying basic farmland within their respective
administrative areas.
Chapter V  Legal Liability

    Article 30  Whoever commits any of the following acts in violation of the provisions of these Regulations shall be imposed heavy
penalties in
pursuance of the relevant provisions of the Land Administration Law of the
People’s Republic of China and Regulations for the Implementation of the
Land Administration Law of the People’s Republic of China:

    (1)illegal occupation of basic farmland without approval or winning of approval by deceitful means;

    (2)illegal occupation of basic farmland exceeding the approved quantum;

    (3)illegal approval for the occupation of basic farmland; and

    (4)buying, selling or illegal transfer of basic farmland in other forms.

    Article 31  Whoever is obliged to delimit the cultivated land in the basic
farmland protection zone but fails to do so in violation of the provisions of these Regulations shall be ordered by the people’s
government at the next
higher level to make a rectification within a given time period;where there
is refusal to make a rectification, administrative sanctions or disciplinary
sanctions shall be imposed on the person-in-charge held directly responsible
and other personnel directly responsible according to law.

    Article 32  Whoever destroys or alters basic farmland protection
zone markers without authorization in violation of the provisions of these
Regulations shall be ordered by the competent department of land
administration or the competent department of agriculture administration
of local people’s government above the county level to restore the original
state and may be imposed a fine of less than RMB 1000 Yuan.

    Article 33  Whoever engages in kiln building, house construction,
tomb building, sand digging, quarrying, mining, earth gathering, piling up
of solid wastes or other activities that destroy basic farmland and
damage cultivation conditions in violation of the provisions of these
Regulations shall be ordered by the competent department of land
administration of people’s government above the county level to make a
rectification or effect treatment, restore the original cultivation
conditions and be imposed a fine of more than 100% less than 200% of the amount of cultivated land reclamation fee for the occupation
of basic
farmland;where a crime has been constituted, criminal liability shall be
investigated according to law.

    Article 34  Whoever converts and embezzles the cultivated land
reclamation fee for basic farmland that constitutes a crime shall be
investigated of the criminal liability according to law; where a crime
has not been constituted, administrative sanctions or disciplinary sanctions
shall be imposed according to law.
Chapter VI  Supplementary Provisions

    Article 35  People’s governments of the provinces, autonomous regions
and municipalities directly under the Central Government may, in the light
of actual local conditions, delimit other land for agricultural production
as protection zones. Reference to these Regulations may be made in effecting
protection and administration of other land for agricultural production in
the protection zones.

    Article 36  These Regulations come into force as of January 1, 1999.
The Regulations on the Protection of Basic Farmland promulgated by the
State Council on August 18, 1994 is simultaneously superseded.





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON BY-ELECTION TO FILL THE VACANCIES OF DELEGATES TO THE 9TH NATIONALPEOPLE’S CONGRESS FROM THE HONGKONG SPECIAL ADMINISTRATIVE REGION

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1998-10-26 Effective Date  1998-10-26  


Decision of the Standing Committee of the National People’s Congress on by-Election to Fill the Vacancies of Delegates to the 9th
NationalPeople’s Congress from the HongKong Special Administrative Region

(Adopted at the 5th Meeting of the Standing Committee of the 9th National

People’s Congress on October 26, 1998)

    The 5th Meeting of the Standing Committee of the 9th National People’s
Congress hereby decides that vacancies of delegates to the 9th National
People’s Congress from the Hongkong Special Administrative Region left due to
various reason shall be filled in proper order according to the order of precedence on the basis of the number of votes won by candidates
not elected
at the time of election of delegates to the 9th National People’s Congress
from the Hongkong Special Administrative Region.





REGULATIONS ON THE IMPLEMENTATION OF THE LAND ADMINISTRATION LAW

Category  LAND ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1998-12-27 Effective Date  1999-01-01  


Regulations on the Implementation of the Land Administration Law of the People’s Republic of China (1998)

Chapter I  General Provisions
Chapter II  Land Ownership and Use Right
Chapter III  Overall Planning for Land Utilization
Chapter IV  Cultivated Land Protection
Chapter V  Land for Construction
Chapter VI  Supervision and Inspection
Chapater VII  Legal Liability
Chapter VIII  Supplementary Provision

(Promulgated by Decree No. 256 of the State Council of the People’s

Republic of China on December 27, 1998)
Chapter I  General Provisions

    Article 1  These Regulations are formulated in accordance with the
Land Administration Law of the People’s Republic of China(hereinafter
referred to as the Land Administration Law for abbreviation).
Chapter II  Land Ownership and Use Right

    Article 2  The following land belongs to ownership by the entire
people, that is, state ownership:

    (1)land in urban districts of municipalities;

    (2)land in rural areas and suburban districts of municipalities that
have been confisticated, requisitioned or purchased according to law
and turned into state ownership;

    (3)land requisitioned by the state according to law;

    (4)forest land, grassland, barren land, shoals and other land not
under collective ownership according to law;

    (5)land previously under collective ownership by the members of a
rural collective economic organization whose entire membership have
become urban and township residents; and

    (6)land previously under collective ownership by the migrated peasants
but no longer in use after the peasants’ collective migration and shifting
due to state-organized migration or natural disasters.

    Article 3  The state practises the system of land registration and
certificate issuance according to law. Land ownership and land use right
registered according to law are protected by law upon which no unit or
individual shall infringe.

    Contents of land registration and format of land ownership certificate
shall be uniformly prescribed by the competent department of land
administration under the State Council.

    Land registration information may be open to inquiry.

    Confirmation of forest land and grassland ownership or use right and
confirmation of use right for breeding and cultivation of water surface and
shoals shall be processed pursuant to the relevant provisions of the
Forestry Law, Prairie Law and Fishery Law respectively.

    Article 4  For land under peasants’ collective ownership, the land
owners shall file an application for land registration with the competent
department of land administration of people’s government at the county
level of the locality wherein the land is located, people’s government
at the county level shall enter a registration in the register, verify
and issue a certificate of collective land ownership in confirmation of the ownership.

    For land under peasants’ collective ownership to be used for non-
agricultural construction according to law, the land owners shall file an
application for land registration with the competent department of land
registration of people’s government at the county level of the locality
wherein the land is located, people’s government at the county level shall
enter a registration in the register, verify and issue a certificate of collective land use right in confirmation of the land use
right for
construction.

    Municipal people’s governments with subordinate districts may carry out
uniform registration of land under peasants’ collective ownership within
districts under municipal jurisdiction.

    Article 5  For state-owned land to be used by units or individuals
according to law, the land users shall file an application for land
registration with the competent department of land administration of people’s government above the county level of the locality wherein
the
land is located, the people’s government above the county level shall enter
a registration in the register, verify and issue a certificate of state-
owned land use right in confirmation of the use right. Among which, the
competent department of land administration under the State Council shall
be responsible for the registration and certificate issuance of use of state-owned land by organs of the Central Committee of the
Chinese Communist
Party and the state. Specific measures for registration and certificate
issuance shall be worked out by the competent department of land
administration under the State Council in conjunction with the General
Affairs Administration for Organs under the State Council and other
departments concerned.

  For state-owned land the use right of which is not determined, people’s
governments above the county level shall enter a registration in the
register and be responsible for the protection and administration.

    Article 6  Whoever changes in land ownership and use right according to
law as a result of transfer according to law of such appendices as ground
constructions and structures leading to the transfer of land use right,
must file an application for change in land registration with the competent
department of land administration of people’s government above the county
level of the locality wherein the land is located, the original land
registration organ shall effect the change in registration of land
ownership and use right. The change in land ownership and use right
takes effect as of the date of change in registration.

    Whoever effects a change in land use according to law must, on the
strength of the approval document, file an application for change in
land registration with the competent department of land administration of people’s government above the county level of the locality
wherein the land
is located, and the original land registration organ shall make the change in
registration according to law.

    Article 7  The original land registration organ shall nullify the land
registration for withdrawal of the land use right of a land use unit
pursuant to the relevant provisions of the Land Administration Law.

    The original land registration organ shall nullify the land registration
when a land user fails to apply for extension or fails to win approavl of the application for extension on expiry of the duration
of use agreed upon
in the contract for the paid-for use of land use right.
Chapter III  Overall Planning for Land Utilization

    Article 8  The national overall planning for land utilization shall be
compiled by the competent department of land administration under the State
Council in conjunction with the departments concerned under the State Council
and submitted to the State Council for approval.

    Overall planning for land utilization of the provinces, autonomous
regions and municipalities directly under the Central Government shall be
compiled by the competent departments of land administration and other
departments concerned at the same level under the organization of people’s
governments of the provinces, autonomous regions and municipalities directly
under the Central Government and submitted to the State Council for approval.

    Overall planning for land utilization of municipalities that are seats of
people’s governments of the provinces and autonomous regions, municipalities
with a population of over one million and municipalities designated by the
State Council shall be compiled by the competent departments of land
administration and other departments concerned at the same level under
the organization of people’s governments of the respective municipalities
and submitted to the State Council for approval upon examination and consent
of people’s governments of the provinces and autonomous regions.

    Overall planning for land utilization beside those provided for in the
First Paragraph, Second Paragraph and Third Paraagraph of this Article
shall be compiled by the competent departments of land administration and
other departments concerned at the same level under the organization of the people’s governments concerned and submitted level by
level to people’s
governments of the provinces, autonomous regions and municipalities directly
under the Central Government for approval; among which, village(township)
overall planning for land utilization shall be compiled by village(township)
people’s governments and submitted level by level to people’s governments of the provinces, autonomous regions and municipalities
directly under the
Central Government or people’s governments of municipalities with subordinate
districts and autonomous prefectures authorized by people’s governments of the provinces, autonomous regions and municipalities directly
under the
Central Government for approval.

    Article 9  The planning duration of overall planning for land
utilization shall generally be 15 years.

    Article 10  Overall planning for land utilization should, pursuant to
the provisions of the Land Administration Law, classify land into
agricultural land, land for construction and unutilized land.

    County-level and village(township) overall planning for land utilization
should, in accordance with requirements, delimit basic farmland protection
zone, land reclamation zone, land for construction zone and reclamation
prohibition zone, etc; among which, village(township) overall planning for
land utilization should also, in the light of land use conditions, determine
the use of each plot of land.

    Specific measures for land classification and delimitation of land
utilization zones shall be worked out by the competent department of land
administration under the State Council in conjunction with the departments
concerned under the State Council.

    Article 11  Village(township) people’s governments should make an
announcement within the respective administrative areas upon approval
of the village(township) overall planning for land utilization according
to law.

    The announcement should contain the following contents:

    (1)planning targets;

    (2)planning duration;

    (3)planning scope;

    (4)plot uses; and

    (5)approval organ and approval date.

    Article 12  Revision of overall planning for land utilization pursuant
to the provisions of the Second Paragraph and Third Paragraph of Article 26
of the Land Administration Law shall be made by the original compiling
organ in accordance with the approval document of the State Council or
people’s governments of the provinces, autonomous regions and municipalities
directly under the Central Government. The revised overall planning for land
utilization should be submitted to the original approval organ for approval.

    When the revised overall planning for land utilization at the next higher
level involves revision of overall planning for land utilization at the
next lower level, people’s government at the next higher level shall notify
people’s government at the next lower level to make corresponding revision
and submit it to the original approval organ for the record.

    Article 13  People’s governments at all levels should strengthen the
management of annual plans for land utilization and exercise aggregate
control over land for construction. Annual plans for land utilization must,
upon approval and transmission to the lower levels, be strictly adhered to.

    An annual plan for land utilization should contain the following
contents:

    (1)planned targets for the diversion of agricultural land to other uses;

    (2)planned targets for retained quantum of cultivated land; and

    (3)planned targets for land development and arraangement.

    Article 14  Competent departments of land administration of people’s
governments above the county level should, in conjunction with the departments
concerned at the same level, conduct land survey.

    Land survey should contain the following contents:

    (1)land ownership;

    (2)state of land utilization; and

    (3)conditions of land.

    Survey results of the current state of local land utilization should be
made public in society upon examination and verification of people’s
governments at the corresponding level and approval of people’s government
at the next higher level; survey results of the current state of national
land utilization should, upon approval of the State Council, be made public
in society. Land survey procedures shall be formulated by the competent
department of land administration under the State Council in conjunction
with the departments concerned under the State Council.

    Article 15  The competent department of land administration under the
State Council shall, in conjunction with the departments concerned under
the State Council, fix the standards for land grade evaluation.

    The competent departments of land administration of people’s governments
above the county level should, in conjunction with the departments concerned
at the same level, evaluate land grades in accordance with the standards for
land grade evaluation. Results of local land grade evaluation should be made
public in society upon examination and verification of people’s government
at the corresponding level and approval of the competent department of land
administration at the next higher level.

    Adjustment in land grades shall be made once every six years in
accordance with the state of national economic and social development.
Chapter IV  Cultivated Land Protection

    Article 16  Municipal, county people’s governments, rural collective
economic organizations and construction units shall, pursuant to the
provisions of Article 31 of the Land Administraton Law, be responsible
respectively for the reclamation of cultivated land for occupation of cultivated land within the scope of land use for urban, village
and township
construction determined in the overall planning for land utilization in
implementing urban planning and village, township planning, as well as
occupation of cultivated land for such construction projects as energy,
communications, water conservancy, mines and military installations outside
the scope of land use for urban construction determined in the overall
planning for land utilization; where there are no conditions for reclamation
or the reclaimed cultivated land fails to conform to the requirements,
payment of cultivated land reclamation fee should be effected pursuant to
the provisions of the provinces, autonomous regions and municipalities
directly under the Central Government.

    Article 17  Units or individuals are prohibited from engaging in
land development activities in reclamation prohibition zones determined
by the overall planning for land utilization.

    Whoever engages in development of state-owned barren hills, barren land
or barren shoals the land use right of which has been established for
cultivation, forestry, animal husbandry and fishery production in land
reclamation zones determined by the overall planning for land utilization
should file an application with the competent department of land
administration of people’s government above the county level of the
locality wherein the land is located and submit the same to people’s
government with the authority of approval for approval.

    Whoever engages in single-time development of state-owned barren hills,
barren land or barren shoals under 600 hectares the land use right of which
has not been established shall be subject to the approval of local people’s
government above the county level pursuant to the limits of authority
prescribed by the provinces, autonomous regions and municipalities
directly under the Central Government; the case of development of over
600 hectares shall be submitted to the State Council for approval.

    Development of state-owned barren hills, barren land or barren shoals
the land use right of which has not been established for cultivation,
forestry, animal husbandry or fishery production may, upon approval of people’s government above the county level, be assigned to
development units
or individuals for long-term use, and the longest duration of use shall not
exceed 50 years.

    Article 18  County and village(township) people’s government should,
pursuant to the overall planning for land utilization, organize rural
collective economic organizations in formulating land arrangement schemes
and organize their implementation.

    Local people’s governments at all levels should, pursuant to the
overall planning for land utilization, take measures to press ahead with
land arrangement. 60% of the area of the newly-added cultivated land
through land arrangment may be used as compensation targets to compensate
for the cultivated land occupied for construction.

    Expenses required for land arrangement shall, in accordance with the
principle of whoever is the beneficiary shall bear the expenses, be jointly
borne by the rural collective economic organizations and land users.
Chapter V  Land for Construction

    Article 19  Occupation of land for construction involving turning
agricultural land into land for construction should conform to the
agricultural land conversion targets set in the overall planning for
land utilization and annual plan for land utilization; occupation of land for urban, village and township construction involving
conversion
of agricultural land should also conform to urban planning and village,
township planning. Where it fails to conform to the provisions, no
approval shall be granted for the conversion of agricultural land into
land for construction.

    Article 20  Occupation of land for the implementation of urban planning
within the scope of land for urban construction determined in the overall
planning for land utilization shall be handled pursuaznt to the following
provisions:

    (1)municipal, county people’s governments shall, pursuant to the annual
plans for land utilization, draft agricultural land conversion plans,
cultivated land supplement plans, land requisition plans, and submit
them in batches and level by level to people’s governments with the
authority of approval.

    (2)the competent departments of land administration of people’s
governments with the authority of approval shall examine the agricultural
land conversion plans, cultivated land supplement plans, land requisition
plans, put forth examination remarks and submit the same to people’s
governments with the authority of approval for approval; among which,
the cultivated land supplement plans shall be approved simultaneously
with the approval of agricultural land conversion plans by people’s
governments that approve the agricultural land conversion plans.

    (3)municipal, county people’s governments shall, upon approval of the
agricultural land conversion plans, cultivated land supplement plans
and land requisition plans, organize their implementation and provide
land separately according to specific construction projects.

    For occupation of land for the implementation of village and township
planning within the scope of land for village and township construction
determined in the overall planning for land utilization, municipal, county
people’s governments shall draft agricultural land conversion plans and
cultivated land supplement plans and process them pursuant to the
procedures prescribed in the preceding paragraph.

    Article 21  For need of land use for a specific construction project,
the construction unit should, in accordance with the gross design of the
construction project, file a one-time application, and go through the
formalities of examination and approval of land for construction; where
a project the construction of which is to be carried out in phases,
applications for land for construction may be filed in phases on the
basis of the schemes determined in the feasibility study and the relevant
formalities of examination and approval completed in phases.

    Article 22  Need of occupation of state-owned land for construction
for a specific construction project within the scope of land for urban
construction determined in the overall planning for land utilization
shall be handled pursuant to the following provisions:

    (1)at the time of the construction project feasibility study,
the competent department of land administration shall examine the
matters relating to land use for the construction project and come
up with a report on the preliminary examination of land use for the
construction project; at the time of submission of the feasibility
study for approval, the report on the preliminary examination of land
use for the construction project produced by the competent department
of land administration must be enclosed therewith.

    (2)the construction unit shall, on the strength of the relevant
approval document of the construction project, file an application
for land for construction with the competent department of land
administration of municipal or county people’s government, the competent
department of land administration of the municipal or county government
shall examine the same, draft a land provision plan and submit it to the
municipal or county people’s government for approval; where approval by
people’s government at the next higher level is required, it should be
submitted to the people’s government at the next higher level for approval.

    (3)municipal or county people’s government shall, upon approval of the
land provision plan, issue a certificate of approval for land for
construction for the construction unit. In the case of paid-for use of state-owned land, the competent department of land administration
of municipal or county people’s government shall conclude a contract on
the paid-for use of state-owned land with the land user; in the case of appropriation for use of state-owned land, the competent
department of land administration shall veriify and issue a certificate of decision on
the appropriation of state-owned land.

    (4)the land user should file an application for land registration
according to law.

    For provision of use right of state-owned land for construction in
the form of tender or auction, the competent departments of municipal or
county people’s governments shall, in conjunction with the departments
concerned, draw up a plan and submit it to the municipal or county people’s
government, the competent department of land administration of municipal or
county people’s government shall organize its implementation upon approval,
and conclude a contract on the paid-for use of the land with the land user.
The land user shosuld file an application for land registration accordindg to
law.

    Article 23  For need to use land for a specific construction project,
an application must be filed according to law for the use of state-owned
land for construction within the scope of urban land for construction
determined in the overall planning for land utilization. Where an actual need
arises for the use of land outside the scope of land for urban construction
determined by the overall planning for land utilization for such construction
projects as energy, communications, water conservancy, mines and military
installations involving agricultural land, it shall be handled pursuant to
the following provisions:

    (1)at the time of the construction project feasibility study
authentication, the competent department of land administration shall
examine the matters relating to land use for the construction project
and come up with a report on the preliminary examination of land use for
the construction project; at the time of submission of the feasibility
study for approval, the report on the preliminary examination of land use
for the construction project produced by the competent department of land
administration must be enclosed therewith.

    (2)The construction unit shall, on the strength of the relevant approval
decument of the construction project, file an application for land for
construction with the competent department of municipal or county people’s
government, the competent department of municipal or county people’s
government shall examine the application, draw up an agricultural land
conversion plan, land requisition plan and land provision plan(where state-
owned agricultural land is involved, no land requisition plan shall be
drafted), which shall, upon examination, verification and consent of the
municipal or county people’s government, be submitted level by level to the
people’s government with the authority of approval for approval; among which,
the cultivated land supplement plan shall be simultaneously approved by the
people’s government that approves the agricultural land conversion plan at the
time of approval of the agricultural land conversion plan; the land provision
plan shall be simultaneously approved by the people’s government that approves
land requisition at the time of approval of the land requisition plan(where
state-owned agricultural land is involved, the land provision plan shall be
simultaneously approved by the prople’s government that approves the
agricultural land conversion at the time of approval of the agricultural
land conversion plan).

    (3)Municipal, county people’s governments shall, upon approval of the
agricultural land conversion plan, cultivated land supplement plan, land
requisition plan and land provision plan, organise their implementation
and issue the certificate of approval of land for construction to the
construction unit. Where there is paid-for use of state-owned land,
the competent department of land administration of municipal or county
people’s government shall conclude a contract on the paid-for use of state-
owned land with the land user; where state-owned land is appropriated for
use, the competent department of land administration of municipal or county
people’s government shall verify and issue a certificate of decision on
the appropriation of state-owned land to the land user.

    (4)The land user should file an application for land registration
according to law.

    Where an actual need arises for land use for a construction project
outside the scope of land for urban construction determined in the overall
planning for land utilization involving unutilized land under peasants’
collective ownership, only land requisition plan and land provision plan
shall be submitted for approval.

    Article 24  Where a need arises for the occupation of state-owned
unutilized land determined in the overall planning for land utilization
for a specific construction project, it shall be handled pursuant to the
provisions of the provinces, autonomous regions and municipalities directly
under the Central Government; however, land use for key state construction
projects, military installations and construction projects transcending the
administrative areas of the provinces, autonomous regions and municipalities
directly under the Central Government should be submitted to the State
Council for approval.

    Article 25  Municipal, county people’s government of the locality
whose land has been requisitioned shall , upon approval of the land
requisition plan according to law, organize its implementation, and make
an announcement in the village(township), hamlet whose land has been
requisitioned on the approval organ of the land requisition, number of the approval document, use, scope and area of the requisitioned
land
as well as the rates for compensation of land requisition, measures for
the resettlement of agricultural personnel and duration for processing
land requisition compensation.

    Persons of ownership and persons of use right of the requisitioned
land should, within the duration prescribed in the announcement, go to
the competent department of people’s government designated in the
announcement to go through the registration for land requisition
compensation on the strength of land

CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION CONCERNING THE PRINTING AND DISTRIBUTING THE MEASURES ON THE ADMINISTRATION OF TEA EXPORT OPERATION

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation Concerning the Printing and Distributing the Measures on the Administration
of Tea Export Operation

WaiJingMaoGuanFa [1998] No.401

July 22,1998

This set of measures is formulated in order to maintain the order of China’s tea export operation, to expand the export of tea, and
to promote the development of the economy of tea-producing areas, and in accordance with the relevant provisions of Foreign Trade
Law of the People’s Republic of China and the Interim Measures on Export Commodities promulgated by the State Council.

Article 1

From August 10, 1998 on, the State will no longer conduct uniform joint operation on tea export, the transaction of which will be
stricken by foreign trade companies with the right of tea export as approved by Ministry of Foreign Trade and Economic Cooperation
(MOFTEC), manufacturing enterprises with the right of tea export, and MOFTEC approved enterprises with foreign investment. Without
approval from MOFTEC, no other enterprises shall operate in tea export. The inter-governmental tea trade with Libya, Tunisia and
other countries shall be operated by the export enterprises as designated by MOFTEC.

Article 2

The quota for Oolong tea export to Japan shall be separately listed by MOFTEC, and the relevant export enterprises shall strike transactions
in accordance with the coordinating plan of China Chamber of Commerce for Import and Export of Foodstuffs, Native Produce and Animal
By-Product.

Article 3

The State shall go on with exercising administration over tea export through planned quotas and export licensing. Various foreign
trade administration departments shall make arrangements strictly in accordance with the planned quotas of tea export given by MOFTEC
and support the export by the foreign trade enterprises and manufacturing enterprises that have strong operating competence, good
profits and famous trademarks for tea export. Only if there are needs and the enterprises have the capacity to export, MOFTEC shall
satisfy them in the aspect of export quotas. The licence-granting organs entrusted by MOFTEC shall issue export licences in strict
accordance with the relevant provisions concerning the administration of licence of export quotas.

Article 4

The tea export licence of all the companies directly affiliated with various ministries and commissions that have the operational
right to export shall be issued by the Administration of Quota and Licensing Requirement Affairs under MOFTEC. The tea export licences
of tea export enterprises in various provinces, autonomous regions, municipalities directly administered by the central government
and municipalities separetely listed on the State plan shall be issued by various Special Commissioner’s Offices of MOFTEC; in particular,
Oolong tea export licences shall be issued by MOFTEC Special Commissioner’s Offices in Fuzhou and Guangzhou.

Article 5

Tea for export must strictly comply with quality standards. The tea that has already got uniform tea serial number and standard export
samples shall not be exported before it has passed commodity inspection in accordance with uniform tea serial number and standard
export samples. Green tea shall pass commodity inspection conducted by designated commodity inspection bureaus in Shanghai, Jiangsu,
Zhejiang, Ningbo, Anhui, Fujian, Jiangxi, Henan, Hubei, Hunan, Guangdong, Sichuan, Yunnan, Guangxi, Shenzhen and Chongqing; in particular,
pearl tea is designated to be inspected by the commodity inspection bureaus in Shanghai, Zhejiang and Ningbo, and no other ports
may conduct commodity inspection of green tea.

Article 6

China Chamber of Commerce for Import and Export of Foodstuffs, Native Produce and Animal By-Products shall be responsible for coordinating
and offering services to tea export; it’s also responsible for deciding the means to coordinate prices for tea export, customers
and the market, as well as for reporting in a timely manner to MOFTEC the situation of the implementation and the existent problems.

Article 7

When tea export enterprises are submitting for tea export commodity inspection and applying for tea export licences, they must list
the detailed kind of the tea and its HS serial number, and general designations such as ‘tea’ or ‘China tea’ shall not be used. Otherwise,
various commodity inspection institutions shall not receive submissions for inspection, and licensing organs shall not issue licences.

Article 8

In order to stabilize the channels for tea export and explore new markets for export, the State encourages tea export enterprises
to improve the quality of tea for export, develope new kinds of tea for export and build famous trademarks.

Article 9

MOFTEC may grant the right of tea export to the manufacturing enterprises that have reached stipulated standards in producing capacity,
operating scale, export supply, technical standard, etc., and priority shall be accorded to manufacturing enterprises owning famous
trademarks and tea serial numbers.

Article 10

For export enterprises that violate the present Measures by such means as exporting green tea and other kinds of tea with export licence
for red tea, the punishment of public criticism, reduction or cancellation of tea export quota and even cancellation of the right
to operate in tea export shall be meted out depending upon the circumstances.

Article 11

The Measures shall enter into force on August 10, 1998. For all previous provisions inconsistent with the present Measures, the present
Measures shall prevail.



 
The Ministry of Foreign Trade and Economic Cooperation
1998-07-22

 






REGULATIONS ON DOMESTIC COMMUNICATIONS HEALTH QUARANTINE

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1998-11-28 Effective Date  1999-03-01  


Regulations on Domestic Communications Health Quarantine



(Promulgated by Decree No. 254 of the State Council of the People’s

Republic of China on November 28, 1998)

    Article 1  These Regulations are formulated in accordance with the
provisions of the Infectious Diseases Prevention and Treatment Law of the
People’s Republic of China(hereinafter referred to as the Infectious Diseases
Prevention and Treatment Law for abbreviation) with a view to controlling
the spread of quarantine infectious diseases through means of communication
as well as passengers, crews and materials thereon, preventing the epidemic
of quarantine infectious diseases and protecting people’s physical health.

    Article 2  In the event of discovery of epidemic situation on
quarantine infectious diseases on trains, vessels, aircraft and other
vehicles(hereinafter referred to as means of communication for abbreviation)
that enter or exit quarantine infectious disease(s) epidemic area or on means
of communication in non-quarantine infectious disease(s) epidemic area,
communications health quarantine shall be carried out on the means of communication and the passengers, crews and materials thereon
pursuant to
these Regulations.

    Border health quarantine at ports, airports of international traffic
as well as ports of land border and boundary rivers of the People’s Republic
of China shall be carried out pursuant to the provisions of the Border Health
Quarantine Law of the People’s Republic of China.

    Article 3  The quarantine infectious diseases referred to in these
Regulations mean the plague, cholera as well as other infectious diseases
determined and announced by the State Council.

    Diagnosis standards for quarantine infectious diseases shall be
implemented pursuant to the relevant state health standards and the
provisions of the department of public health administration under the
State Council.

    Article 4  The department of public health administration under the
State Council shall be in charge of the work of supervision and administration
of domestic communications health quarantine nationwide.

    Departments of public health administration of local people’s governments
above the county level shall be responsible for the work of supervision and
administration of domestic communications health quarantine within their
respective administrative areas.

    Competent public health institutions of the competent departments of railways, communications and civil aviation
administration shall, pursuant
to the relevant laws and regulations and the division of duties and
responsibilities laid down by the department of public health administration
under the State Council in conjuction with the competent departments of
railways, communications and civil aviation administration respectively,
be responsible for the work of domestic communications health quarantine
within their respective scope of duties and responsibilities.

    Article 5  People’s governments of the provinces, autonomous regions
and municipalities directly under the Central Government shall, pursuant
to the provisions of the Infectious Diseases Prevention and Treatment Law,
determine quarantine infectious disease(s) epidemic area(s) and decide on
the implementation of communications health quarantine of the means of communication as well as the passengers, crews and materials
carried thereon
that enter or exit the epidemic area(s).

    Article 6  With respect to the means of communication and the passengers,
crews and materials carried thereon that enter or exit the quarantine
infectious disease(s) epidemic area(s), the department of public health
administration of local people’s government above the county level or the
competent public health institutions of the competent departments of railways,
communications and civil aviation administration have the power to take the
following corresponding measures for communications health quarantine in
accordance with their respective duties and responsibilities:

    (1)to check and inspect the personnel, means of communication and the
materials carried by them that enter or exit the quarantine infectious
disease(s) epidemic area(s);

    (2)to carry out temporary isolation, medical inspection and other
emergency medical measures for patient(s) of quarantine infectious disease(s),
pathogen carrier(s), suspected patient(s) of quarantined infectious disease(s)
and those who have had close contact with them;

    (3)to impose control over and carry out sanitary treatment of articles
contaminated by pathogen(s) of quarantine infectious disease(s) or of those
articles that may have been contaminated;

    (4)to carry out emergency sanitary treatment of the means of
communication passing through the said epidemic area and their parking
(berthing) site(s); and

    (5)other health quarantine measures that are required to be taken.

    The duration of adoption of the communications health quarantine measures
listed in the preceding paragraph starts as of the time of decision of
imposition to the time of decision of termination.

    Article 7  In the event of discovery of any of the following circumstances
on means of communication in a non-quarantine infectious disease epidemic
area, the department of public health administration of people’s government
above the county level or the competent public health institutions of the
competent departments of railways, communications and civil aviation
administration have the power to impose communications health quarantine
on the means of communication and the passengers, crews and materials carried
thereon in accordance with their respective duties and responsibilities:

    (1)discovery of rodents infected with the plague or abnormal death of rodents, and the cause of death is
unknown;

    (2)discovery of patient(s) of the plague or cholera, pathogen
carrier(s), suspected patient(s) of the plague or cholera; and

    (3)discovery of other infectious diseases determined and announced by
the State Council that call for imposition of domestic communications
health quarantine.

    In the event of discovery of any of the circumstances listed in
the preceding paragraph on the trains, vessels and aircraft operating
in non-quarantine infectious disease(s) epidemic area(s) transcending
the provinces, autonomous regions and municipalities directly under the
Central Government, the department of public health administration under
the State Council may, in conjunction with the competent departments of railways, communications and civil aviation administration
respectively,
decide to impose communications health quarantine on the said trains,
vessels and aircraft and direct the trains, vessels and aircraft not to
stop at or berth or pass through ports, airports or railway stations;
however, suspension of trunk line traffic or cordon of border area for
the imposition of communications health quarantine shall be subject to
the decision of the State Council.

    Article 8  In the event of discovery of patients of quarantine
infectious disease(s), pathogen carrier(s) and suspected patient(s) of quarantine infectious disease(s) on means of communication
in non-
quarantine infectious disease(s) epidemic area(s), the Person(s)-in-
charge of the means of communication shall organize the relevant personnel
to take the following temporary measures:

    (1)to notify the point of stoppage or berthing ahead in the fastest way
and report to the competent department of the operational unit of the means
of communication;

    (2)to impose isolation on the patient(s) of quarantine infectious
disease(s), pathogen carrier(s), suspected patient(s) of quarantine infectious
disease(s) and those who have had close contact with them;

    (3)to cordon off the area(s) already contaminated or the area(s) that may
have been contaminated, and to take measures to prohibit the discharge of contaminants and other measures of sanitary treatment;

    (4)to hand over the passenger list of patient(s) of quarantine infectious
disease(s), pathogen carrier(s), suspected patient(s) of quarantine infectious
disease(s) and those who have had close contact with them as well as other
passengers that call for follow-up observation to the department of public
health administration of people’s government above the county level at the
designated point of stoppage or berthing; and

    (5)to carry out sanitary treatment of the means of communication that have
carried patient(s) of quarantine infectious disease(s), pathogen carrier(s)
and suspected patient(s) of quarantine infectious disease(s) and the
environment under possible contamination.

    Departments of public health administration of people’s governments above
the county level of localities of stoppage or berthing of means of
communication or the competent public health institutiions of the competent
departments of railways, communications and civil aviation administration
shall, in accordance with their respective duties and responsibilities and
in pursuance of the provisions of the Infectious Diseases Prevention and
Treatment Law, take control measures.

    Article 9  Departments of public health administration of local people’s
governments above the county level or competent public health institutions of competent departments of railways, comunications and
civil aviation
administration shall, in accordance with their respective duties and
responsibilities, impose communications health quarantine on the means of communication whereon quarantine infectious disease(e)
epidemic situation
has been discovered as well as the passengers, crews and materials carried
thereon that enter or exit the quarantine infectious disease(s) epidemic
area or non-quarantine infectious disease(s) epidemic area; where quarantine
has been passed, a certificate of passing quarantine shall be issued.
The means of communication as well as the passengers, crews and materials
carried thereon may pass on the strength of the certificate of passing
quarantine.

    The format of the certificate of passing quarantine shall be determined
by the department of public health administration under the State Council
in consultation with the competent departments of railways, communications
and civil aviation administration under the State Council.

    Article 10  With respect to the patient(s) of quarantine infectious
disease(s), pathogen carrier(s), suspected patient(s) of quarantine infectious
disease(s) and those who have had close contact with them who refuse to be
subjected to isolation, treatment or detention for check-up as well as
the means of communication, sites of stoppage or berthing and materials
that may posssibly spread quarantine infectious disease(s) which reject
inspection and sanitary treatment, the department of public health
administration of people’s government above the county level or the
competent public health institutions of the competent departments of railways, communications and civil aviation administration shall,
in
accordance with their respective duties and responsibilities and in pursuance
of the provisions of the Infectious Diseases Prevention and Treatment Law,
take mandatory quarantine measures; whenever necessary, people’s government
above the county level of the locality shall organize the public security
department to provide assistance.

    Article 11  Department of public health administration of people’s
government of the province, autonomous region and municipality directly
under the Central Government of the locality of the epidemic area shall,
upon the outbreak of the quarantine infectious disease epidemic, notify
the competent public health institutions of the relevant competent departments
of railways, communications and civil aviation administration of the epidemic
situation. The competent public health institutins shall, upon receipt of the notice of epidemic situation, inform the operational
unit of the means
of communication concerned in time.

   Report, circular and announcement on quarantine infectious disease(s)
epidemic information shall be made pursuant to the provisions of the
Infectious Diseases Prevention and Treatment Law and its Measures for
Implementation.

    Article 12  The department of public health administration under the
State Council shall, pursuant to the provisions of the Infectious Diseases
Prevention and Treatment Law, step up the supervision and administration
of prevention and treatment of quarantine infectious diseases, and draw up
the plan for the implementation of domestic communicatiions health
quarantine pursuant to the provisions of these Regulations in conjunction
with the competent departments of railways, communications and civil aviation
administration.

    Article 13  Patient(s) of quarantine infectious disease(s), pathogen
carrier(s), suspected patient(s) of quarantine infectious disease(s) and those
who have had close contact with him/her/them that conceal(s) the truth or
evade(s) communications health quarantine shall, in accordance with the
division of their respective duties and responsibilities, be ordered by the
department of public health administration of local people’s govrnment above
the county level or the competent public health institutions of railways,
communications and civil aviation administration to make a rectification
within the specified time period, be administered a warning and be
concurrently imposed a fine of less than RMB 1000 Yuan; whoever refuses to
be subjected to check-up and inspection and sanitary treatment shall be
administered a warning and may concurrently be imposed a fine of more than
RMB 1000 Yuan less than RMB 5000 Yuan; where there are serious circumstances
giving rise to the spread of quarantine infectious disease(s) or having
serious danger of spreading that constitute a crime, criminal liability
shall be investigated according to law.

    Article 14  The person-in-charge of the means of communication who fails
to take measures pursuant to the provisions of these Regulations upon
discovery of patient(s) of quarantine infectious disease(s), pathogen
carrier(s) and suspected patient(s) of quarantine infectious disease(s) on
the means of communication in non-quarantine infectious disease epidemic area
shall be ordered by the department of public health administration of local
people’s government above the county level or the competent public health
institutions of the competent departments of railways, communications and
civil aviation administration to make a rectification, be administered a
warning, and be concurrently imposed a fine of more than RMB 1000 Yuan less
than RMB 5000 Yuan in accordance with their respective duties and
responsibilities; where there are serious circumstances giving rise to the
spread of quarantine infectious disease(s) or having serious danger of
spreading that constitute a crime, criminal liability shall be investigated
according to law.

    Article 15  The department of public health administration of local
people’s government above the county level or the competent public health
institutions of the competent departments of railways, communications and
civil aviation administration that fail to impose temporary isolation,
carry out medical inspection and take other emergency medical measures
according to law as well as fail to exercise necessary control over and effect
sanitary treatment according to law of the articles, the means of
communication and the site of its stoppage or berthing which have been
contaminated by the quarantine infectious disease(s) pathgen or those
articles which might have been contaminated shall be ordered by its(their)
competent department of administration at the next higher level to make a
rectification within the specified time period, the person-in-charge directly
responsible and other persons directly responsible shall be imposed
administrative sanctions according to law; where there are serious
circumstances giving rise to the spread of quarantine infectious disease(s)
or having serious danger of spreading that constitute a crime, criminal
liability shall be investigated according to law.

    Article 16  These Regulations shall enter into force as of March 1, 1999.
The Control Measures for Railway Transport Quarantine approved by the State
Council on September 19, 1985 and promulgated by the Ministry of Railways
and the Ministry of Public Health on October 12, 1985 is simultaneously
superseded.





CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE INCOME TAX OF INSURANCE PREMIUM ABROAD OF THE EMPLOYEES IN THE ENTERPRISES WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES

The Taxation Bureau of State

Circular of the State Administration of Taxation on the Income Tax of Insurance Premium Abroad of the Employees in the Enterprises
with Foreign Investment and Foreign Enterprises

GuoShuiFa [1998] No.101

June 26, 1998

The state and local taxation bureaus of various provinces, autonomous regions, municipalities directly under the Central Government
and municipalities separately listed on the State plan:

It’s reported that some enterprises with foreign investment and foreign enterprises (hereinafter referred to as enterprises) which
have set up the institutions and branches in China have paid directly or indirectly to the insurance institutions abroad (including
social and commercial insurance institutions) the premiums of unemployment, pension, saving, insurance of life accident injury, medical
and other items for the employees working in China (employees with and without resident house in China inclusive) as the welfare
or bounty policy, according to the requirements of social security policy in the relative countries or regions. The following states
definitely the principles about the tax imposed on the premium abroad:

I.

Taxation on the business income tax

According to the Rules for the Implementation of the Law of the Income Tax of the People’s Republic of China on the Enterprises with
Foreign Investment and Foreign Enterprises (hereinafter referred to as the Rules), both the 10th Subparagraph of Article 19 and
Paragraph 2 of Article 24 prescribe that the various commercial life insurance premium and social security premium abroad paid or
afforded by the enterprises for the employees working in China should not be deducted in the business income tax unless it is paid
as the salary and stipend of employees, which is stipulated in Paragraph 1 of Article 24 .

II.

Taxation on the individual income tax

1.

The various insurance premiums abroad paid by the enterprises for the employees working in China and deducted from the business income
tax in name of the salary and stipend of the employees should be reckoned in the salary and stipend of the employees, which is applied
to the Law of the People’s Republic of China on Individual Income Tax and the relative provisions of international taxation on the
application for individual income tax.

2.

The various insurance premiums abroad paid by the enterprises for the employee working in China not deducted from the income tax of
enterprises should be reckoned in the salary and stipend of the employees in principle, which is applicable to the Law of the People’s
Republic of China on Individual Income Tax and the related provisions of international taxation on the application for individual
income tax. But the premium of the social security in accordance with the state law can be reckon out of the income tax of the employee
after verified by the related local taxation institution.

3.

The varied insurance premium abroad paid individually by the employee working in China should not be deducted from the his individual
income tax.

III.

The Circular shall enter into force as of the date of promulgation. The previous stipulations adverse to it suspend.



 
The Taxation Bureau of State
1998-06-26

 






FORESTRY LAW

Forestry Law of the People’s Republic of China










(Adopted at the 7th Meeting of the Standing Committee of the Sixth National People’s Congress on September 20, 1984
and promulgated by Order No.17 of the President of the People’s Republic of China on September 20, 1984; amended according to the
Decision on Revising the Forestry Law of the People’s Republic of China made at the 2nd Meeting of the Standing Committee of the
Ninth National People’s Congress on April 29, 1998) 

Contents 

Chapter I  General Provisions 

Chapter II  Forest Management and Administration 

Chapter III  Forest Protection 

Chapter IV  Tree Planting and Afforestation 

Chapter V   Forest Tree Felling 

Chapter VI  Legal Liabilities 

Chapter VII  Supplementary Provisions 

 

Chapter I 

General Provisions 

Article 1 This Law is enacted for the purpose of protecting, cultivating and rationally utilizing forest resources, speeding up afforestation
of our land, giving full play to the forests’ role of conserving water and soil, moderating the climate, improving the environment
and providing forest products, so as to meet the needs of socialist construction and the people’s life. 

Article 2 Anyone who is engaged in afforestation and cultivation, felling and utilization of forests and trees as well as management
and administration of forests, trees and forest land within the territory of the People’s Republic of China shall observe this Law. 

Article 3 Forest resources, with the exception of those owned by collectives as provided for by law, are owned by the State. 

The forests, trees and forest land owned by the State and by collectives, as well as the trees owned and forest land used by individuals,
shall be registered with the local people’s governments at or above the county level, which shall issue certificates to confirm such
ownership or right of use. The State Council may authorize its competent forestry department to have the State-owned forests, trees
and forest land in key forest areas defined as such by the State Council registered, issue certificates and notify the matter to
the local people’s governments concerned. 

The lawful rights and interests of the owners and users of forests, trees and forest land shall be protected by law and may not be
infringed upon by any unit or individual. 

Article 4 Forests are classified into the following five categories: 

(1) Shelter forests: forests, trees and shrubberies that mainly serve the purpose of protection. They consist of forests for conservation
of water supply and checking of soil erosion, for windbreak and sand-fixation, for protection of farmland and pasture, and for protection
of embankments and roads; 

(2) Timber forests: forests and trees that are used mainly for producing timber, including bamboo forests that are used mainly for
producing bamboo timber; 

(3) Economic forests: forest trees that are used mainly for producing fruit, edible oil, beverage ingredients, condiments, industrial
raw material and medicinal materials; 

(4) Firewood forests: forest trees that are used mainly for producing fuel wood; and 

(5) Forests for special uses: forests and forest trees that are used mainly for national defence, environmental protection and scientific
experiment purposes. These include forests for national defence, experimental forests, seed forests, environmental protection forests,
scenic forests, forest trees at scenic spots, historical sites and places of historic significance in the Chinese revolution, and
forests in nature reserves. 

Article 5 The guiding principles for forestry development are: put emphasis on forest management, protect forests everywhere, vigorously
promote afforestation, coordinate felling with cultivation and ensure the sustained utilization of forest resources. 

Article 6 The State encourages scientific research in forestry and promotes the use of advanced forestry technology so as to raise
the scientific and technological level of forestry. 

Article 7 The State protects the lawful rights and interests of self-employed tree cultivators, lightens their burdens according
to law, forbids illegal imposing of charges and fines on them and forbids imposing of donation quotas on them and raising of funds
from among them by compulsory means. 

The State protects the lawful rights and interests of the collectives and individuals that have contracted for afforestation; no
unit or individual may infringe upon the lawful ownership of trees and other lawful rights and interests enjoyed by them. 

Article 8 The State adopts the following measures to protect forest resources: 

(1) to allow tree felling within quotas and promote planting of trees and closing  of hillsides for afforestation in order to
enlarge the forest-covered area; 

(2) to provide, in accordance with the relevant regulations of the State and local people’s governments, financial assistance or
long-term loans for collectives and individuals engaged in tree planting and forest cultivation; 

(3) to encourage the all-purpose use and conservation of timber and the development and utilization of timber substitutes; 

(4) to collect afforestation fees for the exclusive use of tree planting and forest cultivation; 

(5) to allow departments of the coal and paper-making industries to set aside a certain amount of funds commensurate with the output
of coal, wood pulp and paper for the exclusive use of cultivating timber forests that will be used for mine timber and paper-making;
and  

(6) to establish a forestry funding system.  

The State establishes a compensation fund for the benefit of the forest ecology, which is to be used for the benefit of the afforestation,
cultivation, protection and administration of forest resources and trees of the shelter forests and forests for special uses that
benefit the ecology. The compensation fund for the benefit of the forest ecology shall be used for no other than the said purposes.
Specific measures in this respect shall be formulated by the State Council. 

Article 9 With regard to forestry production and development in autonomous areas of minority nationalities, the State and the people’s
governments of the provinces and autonomous regions shall, in accordance with the power of autonomy the State has provided for national
autonomous areas, grant these areas greater decision-making power and more economic benefits than other areas in forestry development,
timber distribution and use of forest fund. 

Article 10 The competent forestry department under the State Council shall be responsible for forestry work throughout the country.
The competent forestry departments of the people’s governments at or above the county level shall be responsible for forestry work
in their own areas. Full-time or part-time posts shall be set up in people’s governments at the township level to take charge of
forestry work. 

Article 11 Planting trees and protecting forests are the bounden duty of every citizen. People’s governments at all levels shall
launch afforestation activities and mobilize citizens for planting trees on a voluntary basis. 

Article 12 Units or individuals that have achieved outstanding successes in afforestation, forest protection, forest administration
and scientific research in forestry, etc. shall be rewarded by people’s governments at different levels. 

Chapter II 

Forest Management and Administration 

Article 13 The competent forestry departments at all levels shall, in accordance with the provisions of this Law, administer and
supervise the protection, utilization and regeneration of forest resources. 

Article 14 The competent forestry departments at all levels shall be responsible for organizing surveys and keeping files of records
on forest resources so as to have a good grasp of the changes in forest resources. 

Article 15 The following forests and trees and the right to use the following forest land may be transferred according to law and
they may also be valued and converted as shares or used as funds or conditions for joint or co-operative afforestation or tree management
according to law, provided that no forest land is changed into non-forest land: 

(1) timber forests, economic forests and firewood forests; 

(2) the right to use the land of timber forests, economic forests and firewood forests; 

(3) the right to use the cut-over land and brulee of timber forests, economic forests and firewood forests; and 

(4) the right to use other forests, trees and forest land stipulated by the State Council.     

Where the forests or trees or the right to use the forest land are transferred and where they are valued and converted as shares
or used as funds or conditions for joint or co-operative afforestation or tree management in accordance with the provisions of the
preceding paragraph, the licenses obtained for tree felling may be transferred at the same time, the two parties involved shall observe
the provisions of this Law governing the felling of forests and trees and reforestation. 

No forests or trees and no right to use forest land other than the ones as provided for in the first paragraph of this Article may
be transferred. 

Specific measures in this respect shall be formulated by the State Council. 

Article 16 The people’s governments at all levels shall each work out a long-term forestry development plan. State-owned forestry
enterprises and institutions as well as nature reserves shall, in accordance with the long-term forestry development plan, formulate
their own forest management plans and submit them to the competent departments at the next higher level for approval before putting
them into effect. 

The competent forestry departments shall direct the rural collective economic organizations, State-owned agricultural and pastoral
farms, industrial enterprises and mines in drawing up their forest management plans. 

Article 17 Disputes arising between units over ownership or right of use of trees or forest land shall be handled by people’s governments
at or above the county level according to law. 

Disputes arising between individuals or between individuals and units over ownership of trees or right of use of forest land shall
be handled by the local people’s governments at the county or township level according to law. 

A party to a dispute who refuses to accept the decision of the people’s government may bring a suit in a People’s Court within one
month after receiving notification of the decision. 

Pending a settlement of the dispute over the ownership of trees or right of use of forest land, neither of the parties involved may
fell the trees under dispute. 

Article 18 No forest land or only a small tract of forest land may be used for prospecting or exploiting mineral resources or for
constructing projects. Where it is necessary to use or requisition forest land, the unit that wishes to use the land shall, after
examination and approval by the competent forestry department of the people’s government at or above the county level, go through
the formalities of examination and approval for the use of the land for construction in accordance with laws and administrative rules
and regulations regarding land administration and pay forest vegetation recovery fees in accordance with the relevant regulations
of the State Council. Forest vegetation recovery fees shall be used for no other purposes; the competent forestry department shall,
in accordance with relevant regulations, make unified arrangement for afforestation and forest vegetation recovery, and the afforestation
area shall be no smaller than the forest vegetation area to be used or requisitioned. The competent forestry department at a higher
level shall, at regular intervals, exercise supervision over and inspection of afforestation and forest vegetation recovery conducted
by such department at a lower level. 

No unit or individual may divert the forest vegetation recovery fees for other purposes. Auditing organs of the people’s governments
at or above the county level shall exercise strict supervision over the use of forest vegetation recovery fees. 

                   

Chapter III 

Forest Protection 

Article 19 Local people’s governments at various levels shall make arrangements for the relevant departments to set up organizations
to be responsible for forest protection. They shall, in light of the actual needs, increase facilities in large forest areas for
their effective protection, urge grass-roots units which own forests or which are located in forest areas to formulate forest protection
pledges, mobilize the masses to protect the forests, delimit the areas of responsibility for forest protection and appoint full-time
or part-time forest guards. 

Forest guards may be appointed by people’s governments at the county or township level. The main duties of forest guards are: patrol
the forests and prevent forest resources from being destroyed. Forest guards shall have the right to request the local departments
concerned to deal with persons who cause damage to forest resources. 

Article 20 Forestry public security organs, established in forest areas in accordance with the relevant regulations of the State,
are in charge of maintaining public security and order and protecting the forest resources in the areas under their jurisdiction,
and they may also, acting in accordance with the provisions of this Law and within the limits of their power authorized by the competent
forestry department under the State Council, exercise the right of imposing administrative penalties as provided for in Articles
39, 42, 43 and 44 of this Law. 

Forestry armed police units shall carry out the tasks entrusted by the State of protecting against and extinguishing forest fires. 

Article 21 Local people’s governments at various levels shall adopt practical measures to prevent and fight forest fires: 

(1) fix fire prevention periods in forests. During such periods, it is forbidden to use fire in the open air in a forest area. Where
the use of fire is necessary under special circumstances, prior approval shall be secured from a people’s government at the county
level or a department with its authorization; 

(2) install fire prevention facilities in forest areas; 

(3) immediately mobilize the local servicemen and civilians as well as the departments concerned to fight forest fire the moment
it breaks out; and 

(4) in case people are wounded, disabled or killed in fighting forest fires, those who are government employees shall be given medical
treatment and pensions by their own units, which shall also grant pensions to families of the deceased. If the persons wounded, disabled
or killed are not government employees, the medical treatment and pensions shall be provided by the units where the fire occurs,
in accordance with the regulations laid down by the relevant competent departments under the State Council; if the units where the
fire occurs are not responsible for the fire or are really incapable of bearing such expenses, the medical treatment and pensions
shall be provided by the local people’s government. 

Article 22 The competent forestry departments at various levels shall be responsible for making arrangements for prevention and control
of plant diseases and insect pests in the forests. 

The competent forestry departments shall be responsible for determining the categories of forest tree seeds and seedlings that should
be quarantined, delimiting quarantine zones and protection zones and instituting quarantine on tree seeds and seedlings. 

Article 23 It is forbidden to disafforest for purposes of reclaiming land, quarrying stone and digging sand or earth as well as other
purposes. 

It is forbidden to cut firewood and graze animals in young growth areas and in forests for special uses. 

People entering a forest or its fringe areas are forbidden to move, without authorization, or damage any markers set up for the benefit
of forestry. 

Article 24 The competent forestry department under the State Council as well as the people’s governments of provinces, autonomous
regions, and municipalities directly under the Central Government shall, for the purpose of better protection and administration,
set up nature reserves in areas with typical forest ecology in different natural regions, forest areas where rare animals and plants
propagate, natural tropical rain forests and other natural forest areas calling for special protection. 

Administrative measures for nature reserves shall be formulated by the competent forestry department under the State Council and
shall be implemented after approval by the State Council. 

Rare trees growing outside the nature reserves as well as plant species of special value in the forest areas shall be well protected;
they may not be felled or collected without approval obtained from the competent forestry department of a province, autonomous region,
or municipality directly under the Central Government. 

Article 25 It is forbidden to hunt wild animals that are under State protection in the forest areas. Where such animals have to be
hunted for special needs, the matter shall be dealt with in accordance with the relevant laws and regulations of the State. 

 

Chapter IV 

Tree Planting and Afforestation 

Article 26 The people’s governments at various levels shall work out afforestation plans and, in light of the specific local conditions,
set forth targets for increasing the forest coverage of their own areas. 

People’s governments at various levels shall mobilize people of all walks of life and urban and rural inhabitants to fulfill the
tasks assigned in the afforestation plans. 

Afforestation on State-owned barren hills and wastelands that are suitable for afforestation shall be organized by the competent
forestry departments and other competent departments; afforestation on collectively owned barren hills and wastelands shall be organized
by collective economic organizations. 

Afforestation of areas on both sides of railways, highways and rivers and around lakes and reservoirs shall be organized by the competent
departments concerned in light of the actual local conditions; afforestation in industrial and mining areas, on grounds occupied
by government departments and schools, around army barracks as well as in areas managed by agricultural, pastoral and fish farms
shall be carried out by those units respectively. 

The barren hills and wastelands owned by the State and by collectives that are suitable for afforestation may be contracted by collectives
or individuals for afforestation. 

Article 27 The trees planted by State-owned enterprises and institutions, government departments, public organizations and army units
shall be managed by them and the proceeds therefrom shall be controlled by them in accordance with State regulations. 

Trees planted and managed by units under collective ownership shall be owned by them. 

Trees planted by rural inhabitants around their houses and on private plots of cropland and hilly land shall be owned by themselves.
Trees planted by urban inhabitants and staff members and workers in the courtyard of their privately owned houses shall be owned
by themselves. 

In cases where a collective or an individual contracts to afforest State-owned or collectively owned barren hills or wastelands that
are suitable for afforestation, the trees planted pursuant to the contract shall be owned by the said collective or individual; if
there are other provisions in the contract, such provisions of the contract shall be followed. 

Article 28 Local people’s governments shall be responsible for closing the newly cultivated young growth land and the hillsides that
must be closed to facilitate afforestation. 

 

Chapter V 

Forest Tree Felling 

Article 29 The State, acting on the principle that the consumption rate of a timber forest should be lower than its growth rate,
imposes strict control on the annual quota for forest felling. Annual quotas for felling State-owned forests and trees shall be worked
out on the basis of a State-owned enterprise, institution, farm, factory or mine, and annual quotas for felling forests and trees
owned by collectives and trees owned by individuals shall be worked out on the basis of a county. These quotas shall then be aggregated
by the competent forestry departments of provinces, autonomous regions, or municipalities directly under the Central Government and
examined by the people’s governments at the corresponding level, before they are submitted to the State Council for approval. 

Article 30 The State draws up a unified annual timber production plan, which shall not exceed the approved annual quota for tree
felling. The scope covered by planning shall be defined by the State Council. 

Article 31 The following provisions shall be observed in felling a forest or trees: 

(1) Selection felling, clear felling and gradual felling may be carried out for mature timber forests in light of their different
conditions. Clear felling shall be strictly controlled and reforestation shall be completed during the same year or the following
year afterwards; 

(2) Only for purposes of cultivation and regeneration may trees in shelter forests and in such forests for special uses as forests
for national defence, seed forests, environmental protection forests and scenic forests be felled; and 

(3) It is strictly forbidden to fell trees in such forests for special uses as trees at scenic spots and historical sites and places
of historic significance in the Chinese revolution as well as the forests in nature reserves. 

Article 32 Anyone who wishes to fell trees shall apply for a felling license and do the felling according to the provisions of the
felling license, but exceptions shall be made for rural inhabitants who wish to fell their own trees growing here and there on their
private plots or around their houses. 

State-owned forestry enterprises and institutions, government departments, public organizations, army units, schools as well as other
State-owned enterprises and institutions that wish to fell trees shall be issued felling licenses, after examination and in accordance
with relevant regulations, by the competent forestry departments at or above the county level in the areas where they are located. 

Where trees of protective belts along railways and highways as well as trees in cities and towns need be felled for regeneration,
felling licenses shall be issued, after examination and in accordance with relevant provisions, by the competent departments concerned. 

Rural collective economic organizations that wish to fell trees shall be issued felling licenses, after examination and in accordance
with relevant regulations, by the competent forestry departments at the county level. 

Rural inhabitants who wish to fell trees on their private plots of hilly land or trees of the collective that they contract for cultivation
shall be issued felling licenses, after examination and in accordance with relevant regulations, by the competent forestry department
at the county level or the people’s government at the township or town level authorized by it. 

The provisions of the preceding paragraphs shall apply to felling bamboo in bamboo forests cultivated mainly for producing bamboo
timber. 

Article 33 The departments in charge of examining applications for tree felling and issuing felling licenses may not issue such licenses
in excess of the approved annual felling quotas. 

Article 34 When applying for felling licenses, State-owned forestry enterprises and institutions shall submit documents of survey
and design of the felling area. When applying for felling licenses, other units shall submit documents stating the purpose, location,
types and existing state of the forest, the area, the growing stock involved, the method of felling, as well as measures for regeneration.
 

Where a unit fells trees in a felling area in violation of the pertinent rules, the department that issues the felling license shall
have the right to revoke its license and put a stop to the felling until the said unit makes amends. 

Article 35 Units or individuals that are to fell trees shall complete the task of reforestation in terms of the area, number of trees,
types of trees and time limit as provided for in the felling licenses, and the area of reforestation and the number of trees required
to be planted shall be no smaller than the original area and the number of trees felled. 

Article 36 Measures for the management, supervision and administration of timber in forest areas shall be separately formulated by
the State Council. 

Article 37 A transportation license issued by the competent forestry department shall be required for transporting timber out of
a forest area, except for timber under unified distribution by the State. 

To units and individuals that have obtained felling licenses according to law and felled timber in accordance with the provisions
of the felling licenses, the competent forestry department shall issue transportation licenses for them to transport the timber out
of a forest area. 

With the approval of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government,
timber check points may be set up in forest areas to supervise timber transportation. The timber check points shall have the right
to stop anyone who transports timber without a transportation license or allocation notice issued by the competent department in
charge of goods and material. 

Article 38 The State prohibits and restricts the export of rare trees and their products and derivatives. A catalogue of such trees,
products and derivatives shall be compiled and the restricted annual amount for their export shall be fixed by the competent forestry
department under the State Council in conjunction with the relevant departments under the State Council, and both shall be submitted
to the State Council for approval. 

The export of the rare trees or their products and derivatives, whose export is restricted under the provisions of the preceding
paragraph, shall be examined by the competent forestry department under the people’s government of the province, autonomous region
or municipality directly under the Central Government where the exporter is located and shall be submitted to the competent forestry
department under the State Council for approval, and the Customs shall let the same pass on the strength of the document of approval
issued by the competent forestry department under the State Council. Where the trees or their products and derivatives to be imported
or exported come under the category of imminently endangered species, whose import and export are restricted by the international
treaties which China has acceded to, the importer and exporter shall, in addition, apply to the State institution in charge of import
and export of imminently endangered species for a permission certificate, and the Customs shall let the same pass on the strength
of such a certificate. 

Chapter VI 

Legal Liabilities 

Article 39 Whoever illegally fells trees, bamboo, etc. shall compensate for the losses according to law; the competent forestry department
shall order him to plant ten times the number of trees illegally felled, confiscate the trees illegally felled or the gains from
the sale of them, and fine him not less than three times but not more than ten times the value of the trees illegally felled. 

Whoever indiscriminately fells trees, bamboo, etc. shall be ordered by the competent forestry department to plant five times the
number of trees, etc. indiscriminately felled and shall be fined not less than two times but not more than five times the value of
the trees, etc. indiscriminately felled. 

Where a person who violates the law refuses to replant trees or fails to do so in compliance with the regulations of the State, the
competent forestry department shall do the replanting instead, and the person shall pay the expense thus incurred. 

Whoever illegally or indiscriminately fells trees, bamboo, etc., if the violation constitutes a crime, shall be investigated for
criminal responsibility in accordance with law. 

Article 40 Whoever, in violation of the provisions of this Law, illegally fells or damages rare trees shall be investigated for criminal
responsibility in accordance with law. 

Article 41 Where a competent forestry department, in violation of the provisions of this Law, issues tree felling licenses in excess
of the approved annual felling quotas or issues tree felling licenses, timber transportation certificates, export permission documents,
or import and export permission certificates by overstepping of authority, the competent forestry department of the people’s government
at the next higher level shall order it to rectify the violation and shall, in accordance with law, impose administrative sanctions
on the persons who are directly in charge and the other persons who are directly responsible; where the competent forestry department
of the said people’s government fails to have the violation rectified, the competent forestry department under the State Council
may handle the case directly; where a crime is constituted, criminal responsibility shall be investigated in accordance with law. 

Article 42 Where a person, in violation of the provisions of this Law, buys or sells  tree felling licenses, timber transportation
certificates, export permission documents or import and export permission certificates, the competent forestry department shall confiscate
the said licenses, certificates or documents and the illegal gains therefrom and fine him not less than one time but not more than
three times the money spent on illegally buying or gained from illegally selling such licenses, certificates or documents. If the
violation constitutes a crime, the person shall be investigated for criminal responsibility in accordance with law.  

OFFICIAL REPLY OF THE STATE ADMINISTRATION OF TAXATION ON LEVYING THE SALES TAX FOR THE INTANGIBLE ASSETS TRANSFERRED INTO OUR COUNTRY BY THE FOREIGN ENTERPRISES

The State Administration of Taxation

Official Reply of the State Administration of Taxation on Levying the Sales Tax for the Intangible Assets Transferred into Our Country
by the Foreign Enterprises

CaiShuiHan [1998] No.797

December 21, 1998

The Ask for Instruction on the Sales Tax by the Local Taxation Bureau of JiLin Province (JiDiShuiLiuZi [1998] No.301 ) has been received.
Through study, the issue how the sales tax of the intangible assets transferred into the enterprises within the territory of China
should be paid by the foreign enterprises is replied as follows:

I.

The Article 1 of the Interim Measures of Sales Tax of the PRC (hereinafter referred to as the Measures) prescribes that the enterprises
and individuals that transfer the intangible assets within the territory of China should be taxpayer of sales tax and pay the sales
tax according to this measure. The Article 7 of the Rules for Implementation of the Interim Measures of Sales Tax of the PRC (hereinafter
referred to the Rules) stipulates the intangible assets transferred that are used within the territory of China should be regarded
as the assets transferred within the territory of China. The fifth plenary session of the 8th Standing Committee of the National
People’s Congress make a decision that the enterprises with foreign investment and foreign enterprise are applied to the interim
measures on added-value, consumer tax and sales tax and etc from January 1, 1994 distributed by the State Council. According to hereinabove,
the transferred into our country by the foreign enterprises that have not established the institutions within the territory of China
belong to the intangible assets transferred within the territory of China. It should be levied the sales tax when the intangible
assets transferring occurs after January 1, 1994. The Circular of the State Administration of Taxation on Issues Concerning Sales
Tax of Earnings From Transferring the Intangible Assets into Our Country by the Foreign Enterprises(GuoShuiFa [1998] No.4) distributed
by the State Administration of Taxation in January 1998 reiterates and emphasizes that transferring the intangible assets into our
country by the foreign enterprises should be levied sales tax in accordance with the relevant provisions of the Measures and the
Rules for Implement.

II.

The design project and labor services charge that have not be indicated in the transfer contract that happen beyond our boundary should
be levied the sales tax as the labor services provided within the territory of China.

III.

The sales tax of the foreign enterprises that have not established the institutions within the territory of China should be paid and
deducted on a commission base by the agents under the 1st article 29 th paragraph of the Rules. Without agent, the consignor or the
buyer should deal it. That the above agent pays tax means that agents should be the obligors of withholding tax if the foreign enterprises
settle accounts with the domestic buyers through agents. The consignor or buyers are the obligors of withholding tax if the foreign
enterprises settle accounts with the domestic buyers without agents.

 
The State Administration of Taxation
1998-12-21

 



PROVISIONAL REGULATIONS FOR THE REGISTRATION ADMINISTRATION OF PEOPLE-RUN NON-ENTERPRISE UNITS

Category  SOCIAL ORGANIZATIONS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1998-10-25 Effective Date  1998-10-25  


Provisional Regulations for the Registration Administration of People-Run non-Enterprise Units

Chapter I  Genereal Provisions
Chapter II  Jurisdiction
Chapter III  Registration
Chapter IV  Supervision and Administration
Chapter V  Penalty Provisions
Chapter VI  Supplementary Provisions

(Promulgated by Decree No. 251 of the State Council of the People’s

Republic of China on October 25, 1998)
Chapter I  Genereal Provisions

    Article 1  These Regulations are formulated with a view to standardizing
the registration administration of people-run non-enterprise units, protecting
the legitimate rights and interests of people-run non-enterprise units and
promoting the building of socialist material civilization and spiritual
civilization.

    Article 2  The people-run non-enterprise units referred to in these
Regulations mean enterprise institutions, societies and other social forces
as well as social organizations established with non-state-owned assets by
individual citizens for non-profit social services.

    Article 3  Establishment of a people-run non-enterprise unit shall be
subject to the examination and approval of its competent business department
and registration pursuant to the provisions of these Regulations.

    Article 4  People-run non-enterprise units shall abide by the
Constitution, laws, regulations and state policies, shall not oppose the
fundamental principles enunciated in the Constitution, shall not endanger
the unification, security and national solidarity of the state, shall not
harm state interests, public interest of society as well as the legitimate
rights and interests of other social organizations and citizens and shall
not violate social ethics and custom.

    People-run non-enterprise units shall not engage in profit-making
business operations.

    Article 5  The civil affairs department under the State Council and      
civil affairs departments of local people’s governments at all levels above
the county level are organs of registration administration for people-run
non-enterprise units of people’s governments at the corresponding level
(hereinafter referred to as registration administration organs for
abbreviation).

    The departments concerned under the State Council and the departments
concerned of local people’s governments at all levels above the county level,
and organizations authorized by the State Council or local people’s
governments at all levels above the county level are the competent business
units for people-run non-enterprise units of relevant trades within their
business scopes(hereinafter to referred to as competent business units
for abbreviation).

     Where laws and administrative regulations have separate provisions
for the supervision and administration of people-run non-enterprise units,
enforcement shall be carried out pursuant to the provisions of relevant
laws and administrative regulations.
Chapter II  Jurisdiction

    Article 6  Registration administration organs shall be responsible for
the registration administration of the people-run non-enterprise units
examined and approved by the competent business units at corresponding
levels.

    Article 7  Where the registration administration organ, the competent
business unit and the location of the people-run non-enterprise unit
under their jurisdiction are not in the same locality, the registration
administration organ and the competent business unit of the locality
wherein the people-run non-entrprise unit is located may be entrusted
with the responsibility of the work of supervision and administration
within the entrusted scope.
Chapter III  Registration

    Article 8  An application for the registration of a people-run
non-enterprise unit shall meet the following requirements:

    (1) It has been subject to the examination and approval of the competent
business unit;

    (2) It has a standardized name and necessary organization;

    (3) It has employees commensurate with its business operations;

    (4) It has lawful properties commensurate with its business operations;
and

    (5) It has a necessary site.

    The name of a people-run non-enterprise unit shall conform to the
provisions of the civil affairs department under the State Council and
shall not use such words as “China”, “National” or “Chinese” before it.

    Article 9  The sponsor(s) shall present the following documents to the
registration administration organ for the application for registration of a people-run non-enterprise unit:

    (1) an application letter for registration;

    (2) the approval document of the competent business unit;

    (3) certification of the site use right;

    (4) the capital verification report;

    (5) basic information and identification of the person(s)-in-charge-
designate; and

    (6) the draft of the articles of asociation.

    Article 10  The articles of association of a people-run non-enterprise
unit should contain the following particulars:

    (1) name and site;

    (2) aims and business scope;

    (3) rules for organization and administration;

    (4) procedures for the election(appointment) and dismissal of the legal
representative or person(s)-in-charge;

    (5) principles of asset management and disposal;

    (6) procedures for the revision of the articles of association;

    (7) procedures for termination and disposal of assets upon termination;
and

    (8) other matters the provision of which is required by the articles of association.

    Article 11  The registration administration organ shall, within 60 days
starting from the date of receipt of all the effective documents for the
application for registration of the establishment, make a decision on
the approval of registration or non-registration.

    Where there is any of the following circumstances, the registration
administration organ shall not accord the registration, and explain the
reasons to the applicant:

    (1) There are bases to prove that the aims and business scope of the people-run non-enterprise unit applying
for registration do not
accord with the provisions of Article 4 of these Regulations;

    (2) That it has practised fraud in applying for establishment;

    (3) There is no need for its establishment when there already exists
a people-run non-enterprise unit with identical or similar business scope
within the same administrative area;

    (4) Its person(s)-in-charge-designate is(are) under or has(have) been
subjected to criminal penalty of deprivation of political rights, or
have no complete civil capacity; and

    (5) It has other circumstances prohibited under laws and administrative
regulations.

    Article 12  A people-run non-enterprise unit approved for registration
shall be registered of the name, site, aims and business scope, legal
representative or persosn(s)-in-charge, the start-up capital, the
competent business unit of the people-run non-enterprise unit by the
registration administration organ, and in accordance with the different modes
of bearing civil responsibilty according to law, be respectively issued the
certificate of registration for people-run non-enterprise unit(legal entity),
the certificate of registration for people-run non-enterprise unit
(partnership) or the certificate of registration for people-run non-enterprise
unit(individual).

    For people-run non-enterprise units which have already obtained
corresponding business licences upon examination and verification or
registration of the relevant competent department according to law
pursuant to the provisions of laws and other administrative regulations,
the registration administration organ should simplify the formalities of registration and issue corresponding certificates of registration
for
people-run non-enterprise units on the strength of certification of business
licences issued by the relevant competent departments.

    Article 13  A people-run non-enterprise unit shall not set up a branch
(branches).

    Article 14  A people-run non-enterprise unit shall, on the strength of the registration certificate, apply for the engraving of its
seal(stamp)
and opening of a bank account. The people-run non-enterprise unit shall
submit the sample of the seal(stamp) and number of its bank account to
the registration administration organ for the record.

    Article 15  In the event of necessity of effecting a change in the
particulars of registration of a people-run non-enterprise unit, an
application for change in registration shall be filed with the registration
administration organ within 30 days starting from the date of examination
and consent of the competent business unit.

    Revision of the articles of association of a people-run non-enterprise
unit shall, within 30 days starting from the date of examination and consent
of the competent business department, be submitted to the registration
administration organ for verification and approval.

    Article 16  For the dissolution on its own, separation or amalgamation
of a people-run non-enterprise unit, or where nullification of the
registration is called for due to other reasons, nullification of registration
shall be completed with the registration administration organ.

    The people-run non-enterprise unit shall, prior to the processing of nullification of registration, set up
a settlement organization and
complete settlement under the guidance of the competent business unit and
other relevant organs. The people-run non-enterprise unit shall not carry
out activities other than settlement during settlement.

    Article 17  The legal representative or person(s)-in-charge of a
people-run non-entrprise unit shall, within 15 days starting from the date of completion of the settlement, go through the nullification
of registration
at the registration administration organ. For the processing of nullification
of registration, an application for the nullification of registration,
examination document of the competent business unit and the settlement
report shall be presented.

    Where approval is granted for the nullification of registration
by the registration administration organ, the certification of nullification
shall be issued and the certificate of registration, seal(stamp) and
financial vouchers withdrawn by it.

    Article 18  The registration administration organ shall make an
announcement with respect to the establishment, nullification as well as
change in name, site, legal representtive or person(s)-in-charge of a people-
run non-entrprise unit.
Chapter IV  Supervision and Administration

    Article 19  A registration administration organ shall perform the
following functions and responsibilites of supervision and administration:

    (1) It shall be responsible for the registration of the establishment,
change and nullification of people-run non-enterprise units;

    (2) It shall conduct annual inspection of people-run non-enterprise
units; and

    (3) It shall carry out supervision and inspection of questions of people-run non-enterprise units in violation
of these Regulations and
impose administrative penalty on people-run non-enterprise units
for acts in violation of these Regulations.

    Article 20  A competent business unit shall perform the following
functions and responsibilities of supervision and administration:

    (1) It shall be responsible for the examination prior to the
registration of establishment, change and nullification of people-run
non-enterprise units;

    (2) It shall conduct supervision and provide guidance for people-run
non-enterprise units in abiding by the Constitution, laws, regulations and
state policies and carrying out of activities pursuant to the articles of asociation;

    (3) It shall be responsible for the preliminary examination of annual inspection of people-run non-enterprise
units;

    (4) It shall assist the registration administration organ and other
departments concerned in the investigation and handling of illegal acts
of people-run non-enterprise units; and

    (5) It shall, in conjunction with relevant organs, provide guidance
to people-run non-enterprise units in settlement matters.

    The competent business unit shall not, in performing the functions and
responsibilities prescribed in the preceding paragraph, collect fees from
people-run non-enterprise units.

    Article 21  The sources of assets of people-run non-enterprise units must
be legitimate. No unit or individual shall encroach on, share(divide) in
private or divert the assets of a people-run non-enterprise unit to
other purposes.

    Lawful income accrued from activities of people-run non-enterprise units
carried out pursuant to the provisions of the articles of association and
relevant state provisions must be used for business operations prescribed by
the articles of association.

    Acceptance of donation(s) and subsidy(ies) by people-run non-enterprise
units must accord with the aims and business scope prescribed in the articles
of association and must be used in accordance with the time limit, mode and
legitimate uses agreed on with the donator(s) and contributor(s). People-run
non-enterprise units shall submit a report to the competent business units
on the acceptance and use of donation(s) and subsidy(ies), and the relevant
information shall be made public in society in an appropriate manner.

    Article 22  People-run non-enterprise units must implement the financial
management rules prescribed by the state and accept the supervision of financial departments; where sources of assets are of state
subsidy or
social donation or contribution, they shall likewise be subject to the
supervision of audit organs.

    In the event of change of the legal representative or the person(s)-in-
charge of a people-run non-enterprise unit, the registration administration
organ and the competent business unit shall organize financial auditing of the unit.

    Article 23  People-run non-enterprise units should, prior to March 31
of each year, submit a work report of the preceding year to the competent
business units which shall, upon preliminary examination and consent of the
competnet business units, be submitted to the registration administration
organs before May 31. Contents of the work report shall include: information
on the compliance of laws, regulations and state policies of the people-run
non-enterprise unit, information on the completion of formalities of
registration pursuant to these Regulations, information on the conduct of activities in accordance with the articles of association
and information on
changes in personnel and organization as well as information on financial
management.

    For people-run non-enterprise units that have been issued certificates of
registration pursuant to the provisions of the Second Paragraph of Article
12 of these Regulations, the registration administration organs shall simplify
the contents of its annual inspection.
Chapter V  Penalty Provisions

    Article 24  A people-run non-enterprise unit that practises fraud and
obtains registration by deceitful means in application for registration, or
the approval of which has been revoked by the competent business unit
shall be revoked of its registration by the registration administration
organ.

    Article 25  Any people-run non-enterprise unit that has any of the
following cirsumstances shall be administered a warning , ordered to make
a rectification and to stop activities within a specified time period by
the registration administration organ; where there are serious circumstances,
the registration shall be revoked; where a crime has been constituted,
criminal liability shall be investigated according to law:

    (1)alteration, renting out and lending of the certificate of registration
of a people-run non-enterprise unit, or renting out and lending of the seal
(stamp) of a people-run non-enterprise unit;

    (2)conducting of activities beyond the aims and business scope laid down
in its articles of association;

    (3)refusal to accept supervision and inspection or accept supervision and
inspection not in accordance with the provisions;

    (4)completion of change in registration not in accordance with the
provisions;

    (5)establishment of a branch or branches;

    (6)engagement in profit-making business operations;

    (7)encroachment on, sharing in private and diversion to other purposes
of the assets or donation(s) and subsidy(ies) of a people-run non-enterprise
unit; and

    (8)collection of charges, fund raising or acceptance and use of
donation(s) and subsidy(ies) in contravention of relevant state provisions.

    Amount from illegal operations or illegal income from acts prescribed in
the preceding paragraph shall be confisticated and a fine of more than 100%
less than 300% of the amount from illegal operations or a fine of more than
300% less than 500% of the illegal income may concurrently be imposed.

    Article 26  A people-run non-enterprise unit whose acctivities are in
violation of other laws and regulations shall be dealt with by the state
organ concerned according to law; where the state organ concerned holds
that the registration shall be revoked, the registration shall be revoked
by the registration administration organ.

    Article 27  Whoever engages in activities in the name of a people-run
non-enterprise unit on his/her own without registration, or a people-run
non-enterprise unit whose registration has been revoked continues to
carry out activities in the name of the people-run non-enterprise unit
shall be banned by the registration administration organ and confisticated
of the illegal properties; where a crime has been constituted, criminal
liability shall be investigated according to law; where a crime has not
been constituted, penalty for public security administration shall be
imposed.

    Article 28  A people-run non-enterprise unit that has been ordered to
stop operations within a specified time period, its certificate of
registration, seal(stamp) and financial vouchers shall be sealed up
for safekeeping by the registration administration organ.

    A people-run non-enterprise unit whose registration has been revoked,
its certificate of registration and seal(stamp) shall be taken over by
the registration administration organ.

    Article 29  Any staff member of a registration administration organ or
a competent business unit whose abuse of power, malpractices for selfish
gains and negligence of duty constitute a crime shall be investigated for
criminal liability according to law; where a crime has not be constituted,
administrative sanctions shall be imposed according to law.
Chapter VI  Supplementary Provisions

    Article 30  The format of the certificate of registration of people-run
non-enterprise unit shall be drawn up by the civil affairs department under
the State Council.

    No fee shall be collected for the annual inspection of people-run
non-entrprise units.

    Article 31  Those people-run non-enterprise units established prior to
the coming into force of these Regulations shall, within one year starting
from the date of coming into force of these Regulations, apply for
registration pursuant to the relevant provisions of these Regulations.

    Article 32  These Regulations shall enter into force as of the date
of promulgation.





REGULATIONS OF THE PEOPLE’S BANK OF CHINA ON WORKING CAPITAL OF THE BRANCH OFFICES OF FOREIGN-CAPITAL INSURANCE CORPORATIONS

The People’s Bank of China

Regulations of the People’s Bank of China on Working Capital of the Branch Offices of Foreign-capital Insurance Corporations

YinFa [1998] No.337

July 21, 1998

Branches in Shanghai, Guangdong, Hainan, Shenzhen economic zone of the People’s Bank of China:

In order to ensure the normal operation and reduce the risk of operation for the branches of foreign insurance enterprises in our
country, according to the Insurance Law of the People’s Republic of China, now the regulation about the working capital of the branch
office of foreign-capital insurance corporations is made as follows:

I.

The branch offices of the foreign insurance enterprises should be appropriated working capital of no less than 0.1billion RMB or the
equivalence convertible currency by their headquarters. The branch offices of the foreign insurance enterprises should withdraw the
guaranteed security by 40% of their working capital.

II.

The branch offices of the foreign insurance enterprises set up with approval previously of which the guaranteed security cannot meet
the provisions should make up the balance by the end of 1998.

 
The People’s Bank of China
1998-07-21

 



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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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