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The Ministry of Foreign Trade and Economic Cooperation
Circular of the Ministry of Trade and Economic Cooperation concerning Issuing the Rules for the Implementation of the Provisions of
the People’s Republic of China on the Administration of Agency Business for International Transportation of Goods (Trial Implementation)
WaiJingMaoYunFa [1998] No.20
January 26,1998
All Ministries and Commissions of the State Council,the Foreign Trade and Economic Cooperation Commissions(Departments,Bureaus) of
the various provinces, autonomous regions, municipalitie directly under the Central Government and municipality separately listed
on the State plan:
According to the Provisions of the People’s Republic of China on the Administration of Agency Business for International Transportation
of Goods ,through asking for the suggestions of the State Administration for Industry and Commerce,the State Administration of Taxation
commission,General Administration of Customs and People’s Bank of China,the Rules for the Implementation of the Provisions of the
People’s Republic of China on the Administration of Agency Business for International Transportation of Goods (trial Implementation)
is now issued to you for implementation.
Attachment:the Rules for the Implementation of the Provisions of the People’s Republic of China on the Administration of Agency Business for
International Transportation of Goods (Trial Implementation)
Chapter I General Provisions
Article 1
These Rules are formulated in accordance with the Provisions of the Peoples Republic of China on the Administration of Agency Business
for International Transportation of Goods (hereinafter referred to as the Provisions) which are approved by the State Council and
promulgated on June 29, 1995 by the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) and
for the purposes of ensuring the order of agency market for international transportation of goods, strengthening the supervision
and administration over agency business for international transportation of goods and promoting the healthy development of our country’s
agency business for international transportation of goods.
Article 2
Agent enterprises of international transportation of goods may act as agent for the consignees or consignors of import and export
goods and also as independent operator engaging in the agency business for international transportation of goods.
Engagement in the agency business for international transportation of goods as agent by the agent enterprises of international transportation
of goods refers to the acts of agent enterprises of international transportation of goods which accept authorization from the consignees,
consignors or their agents of import and export goods, handles related operations in the name of their clients or in their own name
and collect agency fees or commissions.
Engagement in the agency business for international transportation of goods as independent operator by the agent enterprises of international
transportation of goods refers to the acts of agent enterprises of international transportation of goods which accept authorization
from the consignees, consignors or their agents of import and export goods and issue transportation documents, perform transportation
contracts and collect freights and service fees.
Article 3
The name and logo of an agent enterprise of international transportation of goods shall be compliant with the State’s relevant provisions,
consistent with its business and able to imply its business characteristics, and the name shall contain such relevant words as “agency
for transportation of goods”, “transportation service”, “consolidated transportation” or “logistics”.
Article 4
“The scope of authorization” mentioned in Paragraph 2 of Article 4 of the Provisions means that the competent departments of foreign
trade and economic cooperation of the people’s governments of provinces, autonomous regions, municipalities directly under the Central
Government, special economic zones or municipalities separately listed on the State plan (hereinafter referred to as the local competent
departments of foreign trade) are responsible for, with authorization of the MOFTEC, supervision and administration over the agency
business for international transportation of goods within their respective administrative areas (the MOFTEC and local competent departments
of foreign trade are collectively referred to as the competent departments of business hereinafter). The scope of authorization includes:
preliminary examination of the applications of enterprises for engaging in the agency business for international transportation of
goods, the annual examination and license replacement examination for agent enterprises of international transportation of goods,
business statistics, training of professional persons and guidance for local associations of business to carry out their work as
well as, jointly with the relevant local administrative departments, regulating the operational behaviors of agent enterprises of
international transportation of goods and rectifying the business order of agency market for transportation of goods and other work.
Subsidiaries, branch organizations and non-profit-oriented offices in connection with agency for international transportation of goods
set up in the cities with independent planning status (not including special economic zones) by the enterprises directly subordinated
to the departments of the State Council or by the enterprises from other localities accept the supervision and administration from
the provincial competent departments of foreign trade in accordance with the scope of authorization mentioned in the preceding paragraph.
Without authorization of the MOFTEC, other units may not engage in the work of examination, approval or administration of the agency
business for international transportation of goods.
Article 5
The MOFTEC is responsible for the professional training of persons of agent enterprises of international transportation of goods and
for examination of the qualifications of training organizations. A unit without approval may not engage in the training for qualifications
of persons of agent enterprises of international transportation of goods. The conditions for establishment and contents and textbooks
for training are provided by the MOFTEC separately.
After having accepted the training as mentioned in the preceding paragraph and passed the examination, a person engaging in the agency
business for international transportation of goods acquires a certificate of agent qualification for international transportation
of goods.
Chapter II Conditions for Establishment
Article 6
The applicants for agency business for international transportation of goods shall be the units which involve in import and export
trade or international transportation of goods and have stable sources of goods. The investors meeting the above-mentioned conditions
shall hold majority shares in the application projects.
Article 7
The agent enterprises of international transportation of goods shall obtain the enterprise legal person status of the Peoples Republic
of China according to law. The enterprises’ organizational forms are the limited liability companies or joint stock companies. It
is forbidden for a unit of administrative monopoly functions to apply for investment in the agency business for international transportation
of goods. Carriers and other enterprises likely entailing unfair competition to the agency business for international transportation
of goods may not apply for engagement in the agency business for international transportation of goods.
Article 8
Business conditions stipulated in Article 7 of the Provisions include:
(1)
to have at least five professional persons who have been dealing in agency business for international transportation of goods for
more than three years and whose qualifications have been certified by their previous employers; or who have obtained the certificate
of qualifications issued by the MOFTEC according to Article 5 of these Rules;
(2)
to have a fixed place of business, certification of property rights for self-owned housing and places or lease contracts for leased
housing and places;
(3)
to have necessary facilities of business, including a certain number of telephones, fax machines, computers, short-distance means
of transportation, loading and unloading equipment and packaging equipment; and
(4)
to have a stable market of import and export goods resource indicates that there is much quantity of import and export goods transportation
in the local area and agency business for transportation of goods has the conditions and potentials for further development and the
applicant enterprise may get sufficient sources of goods.
Article 9
If the scope of agency business for international transportation of goods applied for by an enterprise includes the multi-modal international
transportation operations, the applicant enterprise shall, in addition to the conditions stipulated in Article 7 of the Provisions
and in Articles 6, 7 and 8 of these Rules, meet the following conditions:
(1)
to have engaged in relevant operations stipulated in Article 32 of these Rules for more than three years;
(2)
to have necessary domestic and foreign agent networks; and
(3)
to have the bills of lading of agency for international transportation of goods registered and recorded by the MOFTEC.
Article 10
An agent enterprise of international transportation of goods shall, whenever applying for setting up of a branch organization, increase
its registered capital by 500,000 Renminbi yuan accordingly. If the enterprise’s registered capital has exceeded the minimum amount
stipulated in the Provisions (5 million Renminbi yuan for ocean shipping, 3 million Renminbi yuan for air transportation and 2 million
Renminbi yuan for land transportation and express delivery), the amount in excess may be used as capital increase for the branch
organization established.
Article 11
Branch organizations mentioned in the Provisions and these Rules refer to branch companies.
Chapter III Procedures for Examination, Approval and Registration
Article 12
It is imperative to obtain the Certificate of Approval for Agent Enterprise of International Transportation of Goods of the People’s
Republic of China (hereinafter referred to as the Certificate of Approval) issued by the MOFTEC for engagement in the agency business
for international transportation of goods. A unit applying for engagement in the agency business for international transportation
of goods shall submit the following documents:
(1)
a written application, including the name of investors, explanations on the applicant qualifications and the business items applied
for;
(2)
a feasibility study report, including basic information, explanations on the qualifications, existing conditions, market analysis,
business forecast, establishment plan, economic budget and development budget;
(3)
the business license of enterprise legal person of investors (photocopy);
(4)
the resolution of board of directors, shareholders meeting or general assembly of shareholders;
(5)
the articles of association of the enterprise (or draft);
(6)
information about main professional persons (including of education backgrounds, majors of study, work experiences, certificates of
qualifications);
(7)
certification of creditworthiness (capital verification reports of all investors issued by accountant firms);
(8)
agreement on investment contribution by the investors;
(9)
resume of the legal representative;
(10)
form of the bill of lading (transportation document) of agency for international transportation of goods;
(11)
letter of advance approval on the name of the enterprise (photocopy, issued by the administrative department for industry and commerce);
(12)
Application Form 1 of Agent Enterprise of International Transportation of Goods (Form 1 annexed); and
(13)
clauses for transaction.
All of the above-mentioned documents must, except for those in Items (3) and (11), be submitted with the original copies and stamped
with official seals.
Article 13
The competent department of business shall examine the application project, and the examination covers:
(1)
necessity for the establishment of the project;
(2)
authenticity and integrity of the application documents;
(3)
qualifications of the applicant;
(4)
creditworthiness of the applicant; and
(5)
qualifications of professional persons.
Article 14
The local competent department of foreign trade shall, after examining the application project, submit the preliminary examination
opinions (including the business scope, business district and investors’ investment ratios recommended for approval) and all application
documents to the MOFTEC for examination and approval in accordance with the time requirements provided in Paragraph 1 of Article
11 of the Provisions.
Article 15
Under any of the following circumstances, the MOFTEC rejects the application and gives the reasons:
(1)
Documents are incomplete;
(2)
The procedures of application and submission are not up to the requirements; or
(3)
Applications for engagement in the agency business for international transportation of goods are suspended by the MOFTEC.
Article 16
Under any of the following circumstances and upon verification through investigation, the MOFFEC gives a reply of disapproval:
(1)
The applicant is not qualified for engaging in the agency business for international transportation of goods;
(2)
The applicant was, due to illegally engaging in the agency business activities, punished by the State’s administrative department
within five years before the date of application;
(3)
The applicant intentionally conceals or gives false report on application information; or
(4)
Any other circumstance is not compliant with relevant principles provided in Article 5 of the Provisions.
Article 17
The applicant shall, within 60 days from the date of receiving the reply of approval of the MOFTEC, acquire the Certificate of Approval
from the MOFTEC by presenting the revised articles of association (original copy) and the letter of introduction of the local competent
department of foreign trade.
Article 18
An enterprise may, after being established and having engaged in the agency business for international transportation of goods for
one year, apply to expand its business scope or business district. The local competent department of foreign trade shall, after making
examination, report it to the MOFTEC for approval in accordance with the procedures provided in Article 11 of the Provisions.
An enterprise may, after being established and having engaged in the agency business for international transportation of goods for
one year and under the conditions of having developed to a certain business scale, apply to establish branch companies or organizations.
The said enterprise shall make such application to the local competent department of foreign trade in the place where the branch
company or organization is located (not including the municipality separately listed on the State plan) by presenting the opinions
of the local competent department of foreign trade in the place where the enterprise is located (the letter of opinion solicitation
of the MOFTEC for the enterprise directly subordinated to the department of the State Council in Beijing), and the latter reports
to the MOFTEC for approval according to the provisions of Article 14 of these Rules. The business scope of the branch company or
organization may not go beyond that of its parent company or general company.
An agent enterprise of international transportation of goods must, if setting up a non-business office, report to the local department
of business in the place where the office is located for the record and accepts the latter’s control.
Article 19
An enterprise which submits an application according to Paragraph 1 or 2 of Article 18 of these Rules shall, in addition to relevant
documents provided in Article 12 of these Rules, also submit the following documents:
(1)
the original reply on the agency business for international transportation of goods (photocopy);
(2)
the Certificate of Approval (photocopy);
(3)
the business license (photocopy);
(4)
Application Form 2 of Agent Enterprise of International Transportation of Goods (Form 2 annexed, and if setting up a branch company,
Form 1 annexed);
(5)
report on its operational situation (including network construction);
(6)
resumes of the legal representative of the branch company or the responsible person of the branch organization; and
(7)
registration form of annual examination for the preceding year.
Article 20
When an enterprise applies to set up a branch organization, the applicant shall, within 90 days from the date of receiving the reply
of approval, acquire the Certificate of Approval from the MOFTEC by presenting the legally valid capital verification report after
capital increase and the revised articles of association (the original copy) of the general company according to the provisions of
Article 10 of these Rules and the letter of introduction issued by the local competent department of foreign trade in the place
where the branch organization is located.
Article 21
If an applicant fails to go through procedures for acquiring the certificate at the expiry of the set time limit or fails to start
business operation without justifiable reasons after 180 days from the date of obtaining the Certificate of Approval, its qualifications
for engaging in the agency business for international transportation of goods shall automatically cease to exist, unless its application
for a postponement is approved.
Article 22
The MOFTEC may, in accordance with the development and layout of the agency business for international transportation of goods, decide
to suspend the acceptance of applications for the agency business for international transportation of goods or to take restrictive
measures within a certain period. Decisions made by the MOFTEC in accordance with the provisions of preceding paragraph shall be
pronounced and made public.
Article 23
An agent enterprise of international transportation of goods must, if having any of the following changes, report it to the MOFTEC
for examination and approval and acquire a replacement of its Certificate of Approval:
(1)
name of the enterprise;
(2)
type of the enterprise;
(3)
equity relation;
(4)
decrease in the registered capital;
(5)
business scope; or
(6)
business district.
In case of any of the following changes, the enterprise may directly apply to acquire a replacement of its Certificate of Approval
after reporting it to the MOFTEC for the record:
(1)
postal address or place of business;
(2)
legal representative;
(3)
increase in the registered capital; or
(4)
the department it is affiliated to.
Article 24
Agent enterprises of international transportation of goods shall present the Certificate of Approval to go through registration procedures
with the administrative departments for industry and commerce and the Customs.
No unit without obtaining the Certificate of Approval may use, in its business license of industry and commerce, “the agency business
for international transportation of goods” or the words with identical or similar meaning.
Chapter IV Annual Examination and Replacement of Certificate
Article 25
The MOFTEC adopts the annual examination and replacement of certificate system for agent enterprises of international transportation
of goods.
Article 26
The MOFTEC is responsible for the work of annual examination over the enterprises directly subordinated to the departments of the
State Council in Beijing and the replacement of certificates of agent enterprises of international transportation of goods throughout
the country. Local competent departments of foreign trade are responsible for the work of annual examination over agent enterprises
of international transportation of goods within their respective administrative areas (including the branch companies and organizations
established by the enterprises directly subordinated to the departments of the State Council and by the enterprises from other localities).
Article 27
An agent enterprise of international transportation of goods shall, before the end of March each year, submit the registration form
for annual examination (Form 3 annexed), the capital verification report and the business license (photocopy) to the local competent
department of foreign trade in the place where it is located to apply for the annual examination (the enterprises directly subordinated
to the departments of the State Council in Beijing apply directly to the MOFTEC therefor).
The key points of the annual examination work are to examine the enterprise s operations and their performance in abiding by and implementing
the Provisions and other laws, regulations and rules. After an enterprise passes the annual examination, the competent department
of business affixes the seal of passing the annual examination on its Certificate of Approval.
Article 28
The term of validity of a Certificate of Approval is three years.
An enterprise must, 60 days prior to the expiry of the term of validity of its Certificate of Approval, apply to the local competent
department of foreign trade for replacement. When applying for replacement of the Certificate of Approval, the enterprise shall submit
the following documents:
(1)
registration form for replacement (Form 4 annexed);
(2)
Certificate of Approval (original copy); and
(3)
business license (photocopy).
Article 29
If an enterprise has passed the annual examination in three consecutive years, the local competent department of foreign trade shall,
within 30 days prior to the expiry of the term of validity of the Certificate of Approval, submit it to the MOFTEC for a replacement
of the Certificate of Approval.
Article 30
When an agent enterprise of international transportation of goods applies for replacement, the competent department of business shall
examine its business qualifications and operation situation, and deny the replacement of the Certificate of Approval under any of
the following circumstances:
(1)
failure to comply with the provisions of Article 27 of these Rules;
(2)
failure to go through procedures for replacement as scheduled;
(3)
transfer of equity rights without approval; or
(4)
change of such major items as the enterprise’s name, place of business or registered capital without approval and failure to report
the change for the record according to the relevant provisions.
Article 31
If an enterprise, due to its own reasons, fails to apply for the replacement of the Certificate of Approval as scheduled, its qualifications
for engaging in the agency business for international transportation of goods shall automatically cease to exist as of the expiry
of the term of validity of the Certificate of Approval. The MOFTEC shall make an announcement of the above-mentioned situation. The
administrative department for industry and commerce shall cancel the above-mentioned enterprise or order it to go through the procedures
for the change of its business scope.
If an enterprise which has lost its qualifications for engaging in the agency business for international transportation of goods wants
to continue its services in the said business, it shall apply again in accordance with the relevant provisions.
Chapter V Business Administration
Article 32
An agent enterprise of international transportation of goods may engage in the business activities as agent or independent operator.
Its business scope includes:
(1)
soliciting goods, booking space (including ship renting, chartering plane and ship accommodation booking), consigning for shipment,
warehousing and packaging;
(2)
supervision of goods loading and unloading, container stuffing, distribution, transit, and related short-distance transportation services;
(3)
Customs declaration, application for check or inspection and buying insurance;
(4)
making, signing and issuing relevant documents, paying freights, settlement and paying miscellaneous charges;
(5)
agency transportation of international exhibits, personal articles and transit goods;
(6)
international multi-modal transportation, consolidated transportation (including container groupware);
(7)
international express delivery (not including private correspondence); and
(8)
consulting and other agency business for international transportation of goods.
Article 33
An agent enterprise of international transportation of goods shall carry out business activities in accordance with the business scope
and business district as stipulated in its Certificate of Approval and its business license.
Article 34
The MOFTEC may, in accordance with the business development situation, authorize the association of business to formulate standard
transaction clauses on agency for international transportation of goods with reference to international practices, and the agent
enterprise of international transportation of goods may invoke them without consent of the MOFTEC. The agent enterprises of international
transportation of goods may also formulate their own transactions clauses; however, they must report to the MOFTEC for the record
before such clauses are used.
Article 35
Agent enterprises of international transportation of goods shall submit their business statistics to the competent departments of
business, and be responsible for the authenticity of their statistical figures. The measures for compiling and submitting business
statistics are provided by the MOFTEC separately.
Article 36
An agent enterprise of international transportation of goods shall, when accepting authorization for handling relevant operations
as agent, sign a written agreement of authorization with the consignee or consignor of import or export. If the two parties have
a business dispute, the written agreement signed shall serve as the basis for the settlement of the dispute.
When an agent enterprise of international transportation of goods engages in relevant operations stipulated in Article 32 of these
Rules as independent operator, it shall issue transportation documents to the goods owner. If it has a dispute with the goods owner,
the transportation documents issued shall serve as the basis for the settlement of the dispute. If it has a business dispute with
the actual carrier, the transportation contract signed with the actual carrier shall serve as the basis for the settlement of the
dispute.
Article 37
The bills of lading of agency for international transportation of goods used by the agent enterprises of international transportation
of goods are subject to the registration and numbering system. All bills of lading of agency for international transportation of
goods signed and issued within the territory of our country must be reported by the agent enterprises of international transportation
of goods to the MOFFEC for registration, and the numbers of approval shall also be marked on the bills.
Agent enterprises of international transportation of goods shall strengthen their work of management of bills of lading of agency
for international transportation of goods. It is forbidden to lend. In case of such circumstances as loss or version revision, they
shall timely report to the MOFTEC for the record.
The transfer of a bill of lading of agency for international transportation of goods is conducted according to the following provisions:
(1)
No straight bill of lading may be transferred;
(2)
The order bill of lading may be transferred after full endorsement or blank endorsement;
(3)
The blank bill of lading may be transferred without endorsement.
The system of liability insurance is applies to the bills of lading of agency for international transportation of goods. Liability
insurance must be bought from insurance companies approved by the People’s Bank of China.
Article 38
When an agent enterprise of international transportation of goods is responsible for performing or organizing to perform international
multi-modal transportation contracts as an independent operator, its liability starts at the time of receipt of goods and ends at
the time of delivery of goods. The basis for assuming liabilities, the limits of liability, exemption conditions and preconditions
for losing liability restrictions are determined in accordance with the relevant provisions of laws.
Article 39
An agent enterprise of international transportation of goods shall use the name and the enterprise code stipulated in its Certificate
of Approval to engage in the agency business for international transportation of goods, and print the name and the code in major
office stationery and documents and certificates.
Article 40
The agent enterprises of international transportation of goods may not use the registered capital within the specified scope for other
purposes.
Article 41
An agent enterprise of international transportation of goods may not transfer, directly or in a disguised manner, its right to engage
in the agency business for international transportation of goods; may not permit other units or individuals to carry out the agency
operations for international transportation of goods in the name of the enterprise itself or its business departments; and may not
sign any agreement with a unit without the right to engage in the agency business for international transportation of goods so as
to make it, either separately or together, engage in the agency business for international transportation of goods and to collect
agency fees, commissions or obtain other interests.
Article 42
An agent enterprise of international transportation of goods as an agent may collect the agency fee from the owner of goods and may
get
| Category |
MARRIAGE AND FAMILY |
Organ of Promulgation |
The Standing Committee of the National People’s Congress |
Status of Effect |
In Force |
| Date of Promulgation |
1998-11-04 |
Effective Date |
1999-04-01 |
|
|
|
Decision on the Revision of the Adoption Law of the People’s Republic of China by the Standing Committee of the National People’s
Congress |
Appendix:Adoption Law of the People’s Republic of China
Contents
Chapter I General Provisions
Chapter II Establishment of Adoptive Relationship
Chapter III Validity of Adoption
Chapter IV Termination of the Adoptive Relationship
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
(Adopted at the 5th Meeting of the Standing Committee of the 9th
National People’s Congress on November 4, 1998 and promulgated by Order
No. 10 of the President of the People’s Republic of China on November 4,
1998)
The 5th Meeting of the Standing Committee of the 9th National People’s
Congress hereby decides to make the following revisions in the Adoption Law
of the People’s Republic of China:
I.Article 2 shall be revised to read as:”Adoption should in the interest
of the upbringing and growth of the minors adopted, safeguarding of the
legitimate rights and interests of the person adopted and the consignee
following the principle of equality and voluntariness, and should not violate
social ethics.”
II.A section shall be added in Article 6 to read as the Third Section:
“(3)those who have not contracted disease(s) that is(are) considered medically
not advisable to adopt children;”
The Third Section shall be revised to read as the Fourth Section:
“(4)at the age of 30 full years.”
III.The First Paragraph of Article 7 shall be revised to read as:
“Adoption of a child of collateral relative by blood of the same
generation and up to the third degree of kinship may not be subjected to the
restrictions of Section (3) of Article 4, the Section (3) of Article 5,
Article 9 of this Law and the adopted minor under the age of 14 full years.”
IV.The Second Paragraph of Article 8 shall be revised to read as:
“Adoption of orphans, disabled children or abandaned infants or children
under the care of social welfare institutions whose own parents cannot be
ascertained and found may not be subjected to restrictions of the consignee
being childless and of adoption of one child.”
V.Article 14 shall be revised to read as:”A stepfather or stepmother
may, with the consent of his/her own parents of the stepson or stepdaughter,
adopt the stepson or stepdaughter and such adoption may not be subjected to
restrictions of Section (3) of Article 4, Section (3) of Article 5 and
Article 6 of this Law and the restriction that the adopted minor must be
under 14 full years of age as well as adoption of one child.”
VI.The First Paragraph of Article 15 shall be revised to read as:
“The adoption should be registered with the civil affairs department of
people’s government above the county level. The adoptive relationship
shall be established as of the date of registration.”
A paragraph shall be added to read as the Second Paragraph:”For
adoption of abandoned infants and children whose own parents cannot
be ascertained and found, the civil affairs departments handling the
registration should make an announcement prior to the processing of registration.”
The Second Paragraph shall be revised to be two paragraphs as
the Third Paragraph and the Fourth Paragraph which read as:”The parties
concerned to the adoptive relationship willing to conclude an adoption
agreement may conclude the adoption agreement.
“When both sides or one side of the parties concerned to the adoptive
relationship request(s) notarization for the adoption, notarization for the
adoption should be completed.”
VII.An article shall be added to read as Article 16:”The public security
department should, upon establishment of the adoptive relationship,
process household registration for the adopted minor pursuant to relevant
state provisions.”
VIII.Article 20 shall be turned into Article 21, the Second Paragraph
shall be turned into two paragraphs as the Second Paragraph and the Third
Paragraph which read as:”Adoption of children by an alien in the People’s
Republic of China should be subject to the examaination and approval of the competent organ of the country of domicile purauant to
laws of the
said country. The consignee should provide certification on such particulars
as age, marital status, occupation, property, health and whether or not he/she
has been subjected to criminal penalty issued by an organ with authority of his/her country of domicile. The said certification should
be authenticated
by the organ of foreign affairs or the institution authorized by the organ
of foreign affairs of the country of domicile, and authenticated by the
Embassy or Consulate of the People’s Republic of China in the said country.
The said consignee should conclude an agreement in writing with the consignor,
and enter into registration at the civil affairs department of people’s
government at the provincial level in person.
“When both sides or one side of the parties concerned to the adoptive
relationship request(s) notarization for adoption, notarization for the
adoption should be completed at a notary organ with qualifications of
handling foreign-related notarization confirmed by the department of justice
administration under the State Council.”
IX.Article 27 shall be turned into Article 28 which shall be revised
to read as:”The parties concerned who agree to terminate the adoptive
relationship should go through registration for the termination of the
adoptive relationship at the civil affairs department.”
X.Article 30 shall be turned into Article 31, the First Paragraph shall
be revised to read as:”Whoverer abducts and sells children under the cloak of adopdtion shall be investigated for criminal liability
according to law.”
The Second Paragraph shall be revised to read as:”Whoever abandons an
infant shall be imposed a fine by the public security department; where a
crime has been constituted, criminal liability shall be investigated
according to law.”
The Third Paragraph shall be revised to read as:”Whoever sells his/her/
their own child(children) shall be confisticated of the illegal income and
imposed a fine by the public security department; where a crime has been
constituted, criminal liability shall be investigated according to law.
XI.This Decision shall enter into force as of April 1, 1999. No
registration shall be processed for the establishment or termination of adoptive relationship in pursuance of the Adoption Law of
the People’s
Republic of China pending the implementation of this Decision.
Corresponding revisions of the Adoption Law of the People’s Republic of China shall be made in accordance
with this Decision and promulgated again.
Appendix:Adoption Law of the People’s Republic of China
(Adopted at the 23rd Meeting of the Standing Committee of the 7th National
People’s Congress on December 29, 1991 and revised in accordance with the
Decision on the Revision of the Adoption Law of the People’s Republic of China taken by the 5th Meeting of the Standing Committee
of the 9th National
People’s Congress on November 4, 1998)
Contents
Chapter I General Provisions
Chapter II Establishment of Adoptive Relationship
Chapter III Validity of Adoption
Chapter IV Termination of Adoptive Relationship
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to protect the lawful adoptive relationship
and to safeguard the rights of parties involved in the adoptive relationship.
Article 2 Adoption shall be in the interest of the upbringing and growth
of minors adopted, safeguarding of the legitimate rights and interests of the
person adopted and the consignee, following the principle of equality
and voluntariness, and shall not violate social ethics.
Article 3 Adoption shall not contravene laws and regulations on family
planning.
Chapter II Establishment of Adoptive Relationship
Article 4 Minors under the age of 14 full years, as enumerated below, may
be adopted:
(1) orphans bereaved of parents;
(2) abandoned infants or children whose own parents cannot be ascertained
and found; or
(3) children whose own parents are unable to rear them due to unusual
difficulties.
Article 5 The following citizens or institutions shall be enpost_titled to
place out children for adoption:
(1) guardians of orphans;
(2) social welfare institutions;
(3) those who have not contracted disease(s) that is(are) considered
medically not advisable to adopt children; and
(4) having reached the age of 30 full years.
Article 6 Consignees shall meet simultaneously the following
requirements:
(1) being childless;
(2) capable of rearing and educating the person adopted;
(3) haveing contracted no disease considered medically undesirable for
adoption of children; and
(4) having reached the age of 30 full years.
Article 7 Adoption of a child of a collateral relatiive by blood of the
same generation and up to the third degree of kinship may not be subjected to
the restrictions specified of Section (3) of Article 4, Section (3) of Article
5, Article 9 of this Law and the adopted minor under the age of 14 full years.
An overseas Chinese, in adopting a child belonging to a collateral
relative by blood of the same generation and up to the third degree of
kinship, may even be not subjected to the restriction of the consignee being
childless.
Article 8 The consignee may adopt one boy or girl only.
Adoption of orphans, disabled children or abandoned infants or children
under the care of social welfare instituions whose own parents cannot
be ascertained and found may not be subjected to the restrictions of the
consignee being childless and of adoption of one child.
Article 9 Where a male person without spouse adopts a female child, the
age difference between the consignee and the person adopted shall be no less
than over 40 full years.
Article 10 Where the parents intend to place out their child for
adoption, they must act in concert. If one parent cannot be ascertained or
found, the other parent may place out the child for adoption alone.
Where a person with spouse adopts a child, the husband and wife must
adopt the child in concert.
Article 11 Adoption of a child and the placing out of the child for
adoption shall take place on a voluntary basis on both sides. Where the
adoption involves a minor above the age of 10 full years, the consent of the
person adopted shall be obtained.
Article 12 If the parents of a minor are both persons without full civil
capacity, the guardian(s) of the minor may not place out him(her) for
adoption, except when the parents may do serious harm to the minor.
Article 13 Where a guardian intends to place out an orphaned minor for
adoption, the guardian must obtain the consent of the person who has
obligations to support the orphan. Where the person who has obligations to
support the orphan disagrees to place out the orphan for adoption, and the
guardian is unwilling to continue the performance of his/her guardianship,
it is necessary to change the guardian in accordance with the General
Principles of the Civil Law of the People’s Republic of China.
Article 14 A stepfather or stepmother may, with the consent of his/her
own parents of the stepson or stepdaughter, adopt the stepson or stepdaughter,
and such adoption may not be subjected to the restrictions of Section (3) of Article 4, Section (3) of Article 5 and Article 6 of
this Law, and
the restriction that the adopted minor must be under the age of 14 full
years as well as adoption of one child.
Article 15 The adoption should be registered with the civil affairs
department of people’s government above the county level. The adoptive
relationship shall be established as of the date of registration.
For adoption of abandoned infants and children whose own parents cannot
be ascertained and found, the civil affairs department handling registration
should make an announcement prior to the processing of registration.
The parties concerned to the adoptive relationship willing to conclude
an adoption agreement may conclude the adoption agreement.
When both sides or one side of the parties concerned to the adoptive
relationship request(s) notarization for adoption, notarization for the
adoption should be completed.
Article 16 The public security department should, upon establishment of the adoptive relationship, process household registration
for the adopted
minor pursuant to relevant state provisions.
Article 17 Orphans or children whose own parents are unable to rear
them may be raised by the relatives or friends of their own parents.
The adoptive relationship shall not be applicable to the relations
between the supporter and the supported.
Article 18 When death occurs to one side of the spouses, and the other
side intends to place out the minor for adoption, the parents of the deceased
have priority rights to raise the child.
Article 19 Persons having placed out a child for adoption may not bear
any more child, in violation of the regulations on family planning, on the
ground of having placed out their child for adoption.
Article 20 Buying and selling of children or buying and selling of children under the cloak of adoption shall be strictly prohibited.
Article 21 An alien may, in accordance with this Law, adopt a child
(male or female) in the People’s Republic of China.
Adoption of children by an alien in the People’s Republic of China
should be subject to the examination and approval of the competent organ
of the country of domicile pursuant to laws of the said country. The
consignee should provide certification on such particulars as age, marital
status, occupation, property, health and whether or not he/she has been
subjected to criminal penalty issued by an organ with authority of his/her
country of domicile. The said certification should be authenticated by the
organ of foreign affairs or the institution authorized by the organ of foreign affairs of the country of domicile and authenticated
by the Embassy
or Consulate of the People’s Republic of China in the said country. The said
consignee should conclude an agreement in writing with the consignor,
and enter into registation at the civil affairs department of people’s
government at the provincial level in person.
When both sides or one side of the parties concerned to the adoptive
relationship request(s) notarization for adoption, notarization for the
adoption should be completed at a notary organ with qualifications of handling
foreign-related notarization confirmed by the department of justice
administration under the State Council.
Article 22 When the consignee and the consignor request secrecy of the
adoption be kept, others shall respect their wishes and shall not make a
disclosure thereof.
Chapter III Validity of Adoption
Article 23 As of the date of establishment of the adoptive relationship,
the legal provisions governing the relationship between parents and children
shall apply to the rights and obligations in the relationship between adoptive
parents and adopted children; the legal provisions governing the relationship
between children and close relatives of their parents shall apply to the
rights and obligations in the relationship between adopted children and close
relatives of the adoptive parents.
The rights and obligations in the relationship between an adopted child
and his or her own parents and other close relatives shall terminate with the
establishment of the adoptive relationship.
Article 24 An adopted child may adopt his or her adoptive father’s or
adoptive mother’s surname, and may also retain his or her original surname,
if so agreed through consultation between the parties concerned.
Article 25 Any act of adoption contravening the provisions of Article 55
of the General Principles of the Civil Law of the People’s Republic of China
and those of this Law shall be of no legal validity.
Any act of adoption ruled to be invalid by a people’s court shall be of
no legal validity from the very start of the act.
Chapter IV Termination of the Adoptive Relationship
Article 26 No consignee may terminate the adoptive relationship before
the adopted person comes of age, except when the consignee and the consignor
for the adoption agree to terminate such relationship. If the adopted child
involved reaches the age of 10 full years or more, his or her consent shall
be obtained.
Where a consignee fails to perform the obligation of rearing and
commits maltreatment, abandonment, or other acts of encroachment upon the
lawful rights and interests of the minor adopted child, the consignor
for adoption shall have the right to demand termination of the adoptive
relationship. Where the comsignee and the consignor for adoption fail to
reach an agreement thereon, a suit may be filed in a people’s court.
Article 27 Where the relationship between the adoptive parents and an
adult adopted child deteriorates to such a degree that their living together
in a same household becomes impossible, they may terminate their adoptive
relationship by agreement. In the event of failure to reach an agreement,
a suit may be filed in a people’s court.
Article 28 The parties concerned shall, upon reaching an agreement on
the termination of the adoptive relationship, go through the registration for
the termination of the adoptive relationship at a civil affairs department.
Article 29 Upon termination of the adoptive relationship, the rights and
obligations in the relationship between an adopted child and his or her
adoptive parents and other close relatives shall also terminate, and the
rights and obligations in the relationship between the child and his or her
own parents and other close relatives shall be restored automatically.
However, with respect to the rights and obligations in the relationship
between an adult adopted child and his or her own parents and other close
relatives, it may be decided through consultation as to whether to restore
them.
Article 30 Upon termination of the adoptive relationship, an adult
adopted child who has been reared by the adoptive parents shall provide
alimony for the adoptive parents who have lost ability to work and are short
of any source of income. If the adoptive relationship is terminated on account of the
maltreatment or desertion of the adoptive parents by the adopted child on
reaching adulthood, the adoptive parents may demand a compensation from
the adopted child for the living and education expenses paid during the
period of adoption.
If his or her own parents of an adopted child request the termination of
the adoptive relationship, the adoptive parents may demand an appropriate
compensation from his or her own parents for the living and education expenses
paid during the period of adoption, except if the adoptive relationship is
terminated on account of the maltreatment or abandonment of the adopted child
by the adoptive parents.
Chapter V Legal Responsibility
Article 31 Whoever kidnaps and traffics children under the cloak of
adoption shall be investigated for criminal responsibility in accordance with
law.
Whoever abandons an infant shall be imposed a fine by a public security
organ; where a crime has been constituted, criminal responsibility shall be
investigated according to law.
Whoever sells his or her own child(children) shall be confisticated of the illegal income and imposed a fine
by a public security organ; where a
crime has been constituted, criminal responsibility shall be investigated
according to law.
Chapter VI Supplementary Provisions
Article 32 People’s congresses and their standing committees of
autonomous areas of nationalities may, on the basis of the principles of
this Law and in the light of the local conditions, formulate adaptive or
supplementary provisions. Provisions of autonomous regions shall be
submitted to the Standing Committee of the National People’s Congress for the
record. Provisions of autonomous prefectures or autonomous counties shall be
submitted to the standing committees of the provincial or autonomous regions’
people’s congresses for approval before coming into force, and shall also be
submitted to the Standing Committee of the National People’s Congress for the
record.
Article 33 The State Council may, in accordance with this Law, formulate
measures for its implementation.
Article 34 This Law shall enter into force as of April 1, 1992.
| Category |
SPECIAL ADMINISTRATIVE REGION |
Organ of Promulgation |
The Standing Committee of the National People’s Congress |
Status of Effect |
In Force |
| Date of Promulgation |
1998-12-29 |
Effective Date |
1999-12-20 |
|
|
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Interpretations of the Standing Committee of the National People’s Congress Concerning Questions on the Impelmentation of the Nationality
Law of the People’s Republic of China in the Macao Special Administrative |
Region
(Adopted at the 6th Meeting of the Standing Committee of the 9th
National People’s Congress on December 29, 1998)
The Nationality Law of the People’s Republic of China shall become
effective in the Macao Special Administrative Region as of December 20,
1999 in accordance with the provisions of Article 18 of the Basic Law
of the Macao Special Administrative Region of the People’s Republic of China and its Appendix III. Taking into consideration the
historical
background and reality of Macao, the following interpretations are
hereby made with respect to the implementation of the Nationality Law
of the People’s Republic of China in the Macao Special Administrative Region:
I.Residents of Macao having Chinese blood relationship born on the
territories of China(including Macao) as well as other persons of Chinese
nationality that accord with the provisions of the Nationality Law of the
People’s Republic of China, whether or not they hold Portugese travel
certificates or identity cards, are all Chinese citizens.
Residents of the Macao Special Administrative Region having both Chinese
blood relationship and Portugese blood relationship may, in accordance with
their personal wishes, choose either the nationality of the People’s Republic
of China or the nationality of the Republic of Portugal. Determination of one
of the nationalities shall mean the forgoing of the other nationality. The
aforesaid residents of the Macao Special Administrative Region shall, pending
the selection of nationality, have the rights provided for in the Basic Law
of the Macao Special Administrative Region, however the rights subject to
restrictions of nationality are excluded.
II.Chinese citizens of Macao holding Portugese travel certificates may,
after the establishment of the Macao Special Administrative Region, continue
to use the said certificates for travel to other countries or regions, however
they shall not have the rights of consular protection of Portugal for holding
the above-mentioned Portugese travel certificates in the Macao Special
Administrative Regions and other regions of the People’s Republic of China.
III.Chinese citizens of the Macao Special Administrative Region with
rights of residence in foreign countries may use the relevant certificates
issued by foreign governments for travel to other countries or regions,
however they shall not have rights of foreign consular protection for
holding the above-mentioned certificates in the Macao Special Administrative
Region and othr regions of the People’s Republic of China.
IV.Chinese citizens among original Macao residents who return to Macao
from overseas prior to or after the establishment of the Macao Special
Administrative Region may, in the event of change in nationality, file
an application with the organ of the Macao Special Administrative Region
that accepts nationality applications on the strength of effective
certificates.
V.The relevant institution designated by the Government of the Macao
Special Administrative Region is authorized to handle all matters relating
to nationality applications pursuant to the Nationality Law of the People’s
Republic of China and the above provisions.
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