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REGULATIONS OF SHANGHAI MUNICIPALITY ON OVERSEAS CHINESE CONTRIBUTIONS OR DONATIONS

Regulations of Shanghai Municipality on Overseas Chinese Contributions or Donations

    

CHAPTER ONE GENERAL PROVISIONS

CHAPTER TWO RIGHTS OF THE DONOR

CHAPTER THREE TREATMENT FOR DONATIONS

CHAPTER FOUR ADMINISTRATION OF ACCEPTANCE OF DONATIONS

CHAPTER FIVE LEGAL LIABILITIES

CHAPTER SIX SUPPLEMENTARY PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER THREE TREATMENT FOR DONATIONS

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

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

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

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

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

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

CHAPTER FOUR ADMINISTRATION OF ACCEPTANCE OF DONATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER SIX SUPPLEMENTARY PROVISIONS

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

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

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

    





REGULATIONS ON THE ADMINISTRATION OF THE PRINTING INDUSTRY

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


Regulations on the Administration of the Printing Industry

Chapter I  General Provisions
Chapter II  Establishment of Printing Enterprises
Chapter III  Printing of Publications
Chapter IV  Printing of Printed Matters for Packaging and Decoration
Chapter V  Printing of Other Printed Matters
Chapter VI  Penalty Provisions
Chapter VII  Supplementary Provisions

(Promulgated by Decree No. 212 of the State Council of the People’s

Republic of China on March 8, 1997)
Chapter I  General Provisions

    Article 1  These Regulations are formulated with a view to strengthening
the administration of the printing industry, safeguarding the legitimate
rights and interests of the operators of the printing industry and the
public interest of society and promoting socialist material civilization
and spiritual civilization.

    Article 2  These Regulations apply to the printing operations of
publications, printed matters for packaging and decoration and other printed
matters.

    The publications referred to in these Regulations include newspapers,
periodicals, books, maps, new year paintings, pictures, calendars, pictorial
albums as well as the decorative covers of audio-visual products and
electronic publications.

    The printed matters for packaging and decoration referred to in these
Regulations include trademark signs, colour packaging boxes(bags), paper
packages, printed iron cans and advertising publicity materials with
introduction of products as their contents, etc.

    The other printed matters referred to in these Regulations include
documents, materials, diagrams and tables, vouchers and name cards, etc.

    The printing operations referred to in these Regulations mean type
setting, plate making, printing, binding and mounting, duplicating,
photocopying and typing, etc.

    Article 3  Operators of the printing industry must comply with the
relevant laws, regulations and other rules of the State concerning the
administration of the printing industry, improve quality and continuously
satisfy the requirements of society.

    Printing of publications, printed matters for packaging and decoration
and other printed matters containing reactionary, obscene and superstitious
contents and such other contents the printing of which are categorically
prohibited by the orders of the State is banned.

    Article 4  The department of information and publication administration
under the State Council shall be responsible for the supervision and
control of the printing industry pursuant to the provisions of these
Regulations; among which the supervision and control of the printing
operations of printed matters for packaging and decoration shall be the
responsibility of the organs authorized by the State Council. The department
of public security and the department of industry and commerce administration
under the State Council shall be responsible for the supervision and control
of the printing industry within their respective domain of responsibilities.

    The departments of administration responsible for information and
publications and printed matters for packaging and decoration of local
people’s governments at or above the county level and their responsibilities
shall be determined by the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government.

    Article 5  Social institutions of the printing industry shall exercise
self-disciplined management in accordance with their constitutions and
under the guidance of competent departments.
Chapter II  Establishment of Printing Enterprises

    Article 6  The State practises licensing system of printing operations.
Any unit and individual shall not engage in printing operations without
approval.

    Article 7  The establishment of a printing enterprise requires the
following qualifications:

    (1) name of the enterprise and its constitution;

    (2) defined business scope;

    (3) site of production operations and such conditions for production
operations as the necessary equipment;

    (4) organization and personnel which meet the requirements of its business
scope; and

    (5) other conditions prescribed by relevant laws and regulations.

    Examination and approval of the establishment of a printing enterprise
shall, in addition to the provisions of the preceding paragraph, comply with
the State plan concerning the aggregate, structure and distribution of
printing enterprises.

    Article 8  For the establishment of a printing enterprise for
publications, an application shall be submitted to the department of
information and publication administration of the people’s government of the
province, or autonomous region, or municipality directly under the Central
Government of the locality wherein it is to be located and a license for
printing publications obtained upon examination and approval, and an
application submitted to the department of public security in accordance with
the relevant provisions of the State on presentation of the license for
printing publications and upon verification, approval and obtaining the
license for special trade, an application submitted to the department of
industry and commerce administration for registration on presentation of the
license for printing publications and the license for special trade and
publications can be printed only upon obtaining the business license.

    Article 9  For the establishment of a printing enterprise for printed
matters for packaging and decoration, an application shall be submitted to the
department of administration of printed matters for packaging and decoration
designated by the people’s government of the province, or autonomous region,
or municipality directly under the Central Government of the locality wherein
it is to be located and a license for printing printed matters for packaging
and decoration obtained upon examination and approval, and an application
submitted to the department of public security in accordance with the relevant
provisions of the State on presentation of the license for printing printed
matters for packaging and decoration and the license for special trade
obtained upon examination and approval, and an application submitted to the
department of industry and commerce administration on presentation of the
license for printing printed matters for packaging and decoration and the
license for special trade for registration and printed matters for packaging
and decoration can be printed only upon obtaining the business license.

    Article 10  For the printing enterprise already established for printed
matters for packaging and decoration to apply for concurrent printing
operations of publications, an application shall be submitted to the
department of information and publication administration of the province,
or autonomous region, or municipality directly under the Central Government
of the locality wherein it is located and the license for printing
publications obtained upon examination and approval, and an application
submitted to the department of public security and the department of industry
and commerce administration in accordance with the relevant provisions of the
State for change in registration and printing of publications can only be
undertaken upon verification and approval.

    Article 11  For the printing enterprise already established for
publications to apply for concurrent printing operations of printed matters
for packaging and decoration, an application shall be submitted to the
department of administration of printed matters for packaging and decoration
designated by the people’s government of the province, or autonomous region,
or municipality directly under the Central Government of the locality wherein
it is located, and the license for printing printed matters for packaging and
decoration obtained upon examination and approval, an application submitted to
the department of public security and the department of industry and commerce
administration in accordance with the relevant provisions of the State for
change in registration and printing of printed matters for packaging and
decoration can only be undertaken upon verification and approval.

    Article 12  Any enterprise or individual applying for printing operations
of other printed matters shall submit an application to the department of
information and publication administration of the local people’s government
at or above the county level of the locality wherein it or he or she is
located and obtain the license for printing other printed matters upon
examination and approval, and submit an application to the department of
public security in accordance with the relevant provisions of the State on
presentation of the license for printing other printed matters and obtain the
license for special trade upon examination and approval, and submit an
application to the department of industry and commerce administration on
presentation of the license for printing other printed matters and the license
for special trade for registration and operations can only be started on
obtaining the business license.

    Printing enterprises having obtained the license for printing publications
or the license for printing printed matters for packaging and decoration
can engage in printing operations of other printed matters prescribed by
these Regulations.

    Article 13  Establishment of Chinese-foreign equity joint ventures and
Chinese-foreign contractual joint ventures for the printing of publications or
other printed matters should complete other formalities according to law upon
the consent of the department of information and publication administration of
the people’s government of the province, or autonomous region or municipality
directly under the Central Government of the locality wherein the said
enterprise is to be located and upon examination and approval by the
department of information and publication administration under the State
Council after the application is submitted.

    Article 14  Establishment of Chinese-foreign equity joint ventures and
Chinese-foreign contractual joint ventures for the printing of printed matters
for packaging and decoration should go through other formalities according to
law upon the consent of the department of administration of printed matters
for packaging and decoration designated by the people’s government of the
province, or autonomous region or municipality directly under the Central
Government of the locality wherein the said enterprise is to be located and
upon examination and approval by the organ authorized by the State Council
after the application is submitted.

    Article 15  Establishment of all categories of printing enterprises
with sole foreign capital and business operations shall be prohibited.

    Article 16  Change in major particulars in registration, suspension of
operations, change of trade, amalgamation, separation or shifting by an
operator of the printing industry shall go through examination and approval
by the original department of examination and approval, and go through
change in registration or revocation of registration in the department of
public security and the department of industry and commerce administration
where the registration was originally processed.

    Article 17  Establishment of an internal printing press by a unit shall,
upon completing the formalities of registration in the department of
information and publication administration and the department of security
of the local people’s government at or above the county level of the locality
wherein it is located, submit the same to the department of public security
for the record in accordance with the relevant provisions of the State and it
shall not engage in printing business operations; those engaging in printing
business operations should go through formalities pursuant to the provisions
of this Chapter.

    Article 18  The provisions of this Chapter apply to such single item of
printing business operations as type setting, plate making, binding and
mounting, duplicating, photocopying and typing.
Chapter III  Printing of Publications

    Article 19  The State encourages the printing enterprises of publications
in the timely printing of publications embodying the latest achievements in
cultures of excellence at home and abroad, in attaching importance to the
printing of best quality valuable academic works of traditional culture, in
the improvement of printing quality and correct use of the language of the
motherland.

    Article 20  The printing enterprises of publications shall not print
publications the publication of which are categorically prohibited by the
State and print publications published by non-publishing units.

    Article 21  Printing contract system shall be practised in the printing
of publications. A printing contract should be signed between the unit
entrusting the printing and the printing enterprise taking the order in
accordance with the relevant provisions of the State in printing each and
every type of publication.

    Article 22  In taking an order from a publishing unit entrusting the
printing of books and periodicals, the printing enterprise must examine,
verify and keep the letter of authority for the printing of books and
periodicals with the stamp of the publishing unit affixed thereon; in
taking an order from a publishing unit entrusting the printing of a
newspaper, the printing enterprise must examine and verify the certificate
of registration for newspapers; in taking an order from a publishing unit
entrusting the printing of supplements to newspapers and periodicals, the
printing enterprise must, in addition to the examination and verification
of the certificate of registration, examine and verify the approval document
or permit for printing of the department of information and publication
administration.

    Article 23  In taking an order for the printing of publications with
internal materials, the printing enterprise must examine and verify the permit
for printing issued by the department of information and publication
administration of the people’s government of the province, or autonomous
region or municipality directly under the Central Government.

    Article 24  In trans-provincial, trans-autonomous regional and
trans-municipal printing of publications, the printing enterprise must, in
addition to the examination and verification of the approval document issued
by the department of information and publication administration of the
people’s government of the province, or autonomous region, or municipality
directly under the Central Government of the locality where the unit
entrusting the printing is located, examine and verify the permit for printing
issued by the department of information and publication administration of the
people’s government of the province, or autonomous region or municipality
directly under the Central Government of the locality where the said printing
enterprise is located.

    Article 25  In taking an order for the printing of external publications,
the printing enterprise must, on presentation of legal certificate of
copyright, be subjected to the approval of the department of information and
publication administration of the people’s government of the province, or
autonomous region or municipality directly under the Central Government; the
publications printed must be shipped out of the country in entirety and must
not be sold inside the country.

    Article 26  The unit entrusting the printing must, in accordance with
the relevant provisions of the State, carry the name and address of the
publishing unit, book number, periodical number or edition number, date of
publication or duration of the periodical, real name and address of the
printing enterprise taking the order, as well as other relevant particulars on
the publication the printing of which has been entrusted.

    Article 27  The printing enterprise taking the order must not sell,
print additional number of copies without authorization or accept the
entrustment of a third person in printing additional number of copies
of the publication the printing of which has been entrusted and must not
engage in pirate printing of the publication.

    Article 28  The printing enterprise taking the order must not let, lend,
sell or transfer in any other form the paper mold and printing films of the
publication the printing of which has been entrusted to other units or
individuals.

    Article 29  The printing enterprises must not engage in compilation,
printing, collection of subscriptions and distribution of publications, and
must not print and sell publications in forging or pirating other people’s
names.
Chapter IV  Printing of Printed Matters for Packaging and Decoration

    Article 30  The printing enterprises of packaging and decoration must
not print counterfeit or forged trademark signs and printed matters of
commodity packaging and decoration of others, and must not print such
publicity materials as false advertisements and directions which might
be misleading to the consumer.

    Article 31  In taking orders for the printing of advertisements and
publicity materials with introduction of products as their contents, the
printing enterprises must, in accordance with the relevant provisions of
the State, examine and verify the permit for printing issued by the
department of administration of printed matters for packaging and decoration,
and examine and verify the business license and the certification of
qualification for advertising operations of the unit entrusting the
printing.

    Article 32  Printing of trademark signs shall be carried out pursuant to
the relevant provisions of trademark printing management of the State.

    Article 33  The printing enterprise taking the orders for the printing
of printed matters for packaging and decoration should deliver in entirety
the finished products, semi-finished products, waste products it has printed
and the plates, paper molds, films and original scripts to units entrusting
the printing and must not keep the same on their own.

    Article 34  Any unit taking orders for the printing of printed matters
for packaging and decoration from outside the country must be subjected to
the examination and verification of the department of administration of
printed matters for packaging and decoration designated by the people’s
government of the province, autonomous region and municipality directly
under the Central Government of the locality wherein it is located; the
printed matters for packaging and decoration printed must be shipped out of
the country in entirety and must not be distributed inside the country.
Chapter V  Printing of Other Printed Matters

    Article 35  Printing of classified documents, materials, diagrams and
tables shall be handled in accordance with the provisions of the State
concerning the control of the duplication of carriers of State secrets.

    Article 36  For the printing of notices, announcements, work identity
cards for major events, passes, vouchers and coupons in circulation for
use in society, the unit entrusting the printing of the same must produce
the certificate of the competent department and go through the formalities
for the permit for printing at the department of public security of the
locality wherein the printing enterprise taking the orders is located
in accordance with the relevant provisions of the State, and the same
shall be printed in the designated printing enterprises.

    For the printing of such special-purpose printed articles as vouchers and
coupons with value or vouchers and coupons without value, letters of
introduction, work identity cards, membership identity cards, exit and entry
identity cards with post_titles of the units thereon of organs, societies, armed
forces, schools, enterprises and institutions for internal use, the units
entrusting the printing of the same must produce certificates for the
entrustment of printing.

    The enterprises taking the orders for printing must not keep samples
and sample sheets of the printed articles referred to in the preceding two
paragraphs; for samples and sample sheets required to be kept for business
references, consent should be obtained from the unit entrusting the printing
of the same, stamps of “sample copy” and “sample sheet” should be affixed on
the printed articles to be kept which should be in safe keeping and must not
be lost.

    Article 37  Printing of religious articles shall be handled in accordance
with the provisions of the State concerning the administration of religious
printed matters.
Chapter VI  Penalty Provisions

    Article 38  Establishment of a printing enterprise engaging in printing
operations without authorization in violation of the provisions of these
Regulations shall be banned by the department of public security and the
department of industry and commerce administration, its illegal income,
major special-purpose tools and equipment for illegal activities confiscated
and a fine of more than two times and less than ten times of the illegal
income imposed; for that which has no illegal income, a fine of less than
RMB 20,000 Yuan shall be imposed.

    Article 39  A printing enterprise engaging in printing of publications
without obtaining the permit for printing publications and without
authorization in violation of the provisions of these Regulations shall be
directed to suspend production and operations by the department of information
and publication administration of the local people’s government at or above
the county level designated by the people’s government of the province,
autonomous region and municipality directly under the Central Government,
its printed publications and illegal income confiscated and a fine of
more than two times and less than ten times of the general fixed price
of the printed publications imposed.

    Article 40  A printing enterprise engaging in printing of printed matters
for packaging and decoration without obtaining the permit for printing
printed matters for packaging and decoration and without authorization
in violation of the provisions of these Regulations shall be directed to
suspend production and operations by the department of administration of
printed matters for packaging and decoration of the local people’s government
at or above the county level designated by the people’s government of the
province, autonomous region and municipality directly under the Central
Government, its printed matters for packaging and decoration printed and
illegal income confiscated, and a fine of more than two times less than ten
times of the general fixed price of the printed matters for packaging and
decoration printed imposed.

    Article 41  A printing enterprise of publications having committed any
of the following acts shall be administered a warning, its illegal income
confiscated, and a fine of more than two times less than ten times
of the general fixed price of the publications printed imposed by the
department of information and publication administration of the local
people’s government at or above the county level designated by the people’s
government of the province, autonomous region and municipality directly
under the Central Government in the light of circumstances; those having
committed serious offences, their licenses shall be revoked by the original
license issuing authority:

    (1) illegally taking order for the printing of publications entrusted by
others;

    (2) printing of publications forging or pirating the name of another
person;

    (3) pirate printing the publication of another person;

    (4) illegally printing additional copies of or selling the publications
the printing of which is entrusted;

    (5) compiling and printing, collection of subscriptions and distribution
of publications;

    (6) rental, lending, sale or transfer to others in any other forms of the
paper molds and printing films of the publication the printing of which
is entrusted by the publishing unit without authorization; and

    (7) taking orders for the printing of external publications without
approval.

    Article 42  Any printing enterprise for printed matters for packaging
and decoration having committed any of the following acts, a warning shall
be administered, its illegal income confiscated and a fine of more than
two times less than ten times of the general fixed price of the printed
matters printed imposed by the department of administration for printed
matters for packaging and decoration of the local people’s government at or
above the county level designated by the people’s government of the
province, autonomous region and municipality directly under the Central
Government in the light of circumstances; where the offence is serious,
its license shall be revoked by the original license issuing authority:

    (1) illegally taking orders for the printing of printed matters for
packaging and decoration entrusted by others;

    (2) pirate printing of printed matters for packaging and decoration of
others; and

    (3) taking orders for the printing of external printed matters for
packaging and decoration on one’s own without approval.

    Article 43  Any printing enterprise or individual printing publications,
printed matters for packaging and decoration or other printed matters
which contain reactionary, obscene and superstitious contents or other
contents the printing of which are categorically forbidden by the order
of the State, illegally printing publications the publication of which are
categorically forbidden by the order of the State or publications published
by non-publication units, or illegally printing such other printed matters
as identity cards, documents and vouchers and coupons with value, shall be
penalized in accordance with relevant laws and regulations.

    Article 44  Functionaries of departments of printing administration
whose abuse of power, neglect of duty and malpractices for selfish gains
constitute a criminal offence shall be investigated for criminal
responsibilities according to law; disciplinary sanctions shall be meted out
according to law to those whose acts do not constitute a crime.
Chapter VII  Supplementary Provisions

    Article 45  No other fees should be charged except for the collection of
cost fee according to the official rate for the issuance of licenses in
pursuance of these Regulations.

    Article 46  These Regulations shall come into force as of May 1, 1997.





CRIMINAL LAW OF THE PEOPLE’S REPUBLIC OF CHINA




The National People’s Congress

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

No.83

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

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

March 14, 1997

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

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

Criminal Law

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation

of a Crime

Section 3 Joint Crimes

Section 4 Crimes committed by a unit

Chapter III Punishments

Section 1 Types of Punishments

Section 2 Public Surveillance

Section 3 Criminal Detention

Section 4 Fixed-term Imprisonment and Life Imprisonment

Section 5 The Death Penalty

Section 6 Fines

Section 7 Deprivation of Political Rights

Section 8 Confiscation of Property

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Section 2 Recidivists

Section 3 Voluntary Surrender and Rendering Meritorious Service

Section 4 Combined Punishment for Several Crimes

Section 5 Suspension of Sentence

Section 6 Commutation of Punishment

Section 7 Parole

Section 8 Limitation

Chapter V Other Provisions Part 2 Specific Provisions

Chapter I Crimes of Endangering the State Security

Chapter II Crimes of Endangering Public Security

Chapter III Crimes of Undermining the Socialist Market Economic Order

Section 1 Crimes of Production and Sale of Fake or Substandard

Commodities

Section 2 Crimes of Smuggling

Section 3 Crimes of Impairing Order of Administering upon Companies

and Enterprises

Section 4 Crimes of Undermining Order of Administering upon Banking

Section 5 Crimes of Financial Fraud

Section 6 Crimes of Endangering Taxes Collection and Administration

Section 7 Crimes of Infringing upon Intellectual Property Rights

Section 8 Crimes of Disturbing Market Order

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

Democratic Rights of Citizens

Chapter V Crimes of Property Violation

Chapter VI Crimes of Obstructing the Administration of Public Order

Section 1 Crimes of Disturbing Public Order

Section 2 Crimes of Impairing Judicial Activities

Section 3 Crimes of Impairing Regulations of National Boundary

(Borderline)

Section 4 Crimes of Impairing Regulations of Cultural Relics

Section 5 Crimes of Endangering Public Health

Section 6 Crimes of Undermining Protection of Environmental Resource

Section 7 Crimes of Smuggling, Trafficking in, Transporting and

Manufacturing Narcotic Drugs

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

Introducing Women into Prostitution

Section 9 Crimes of Manufacturing, Trafficking in and Disseminating

Pornographic Articles

Chapter VII Crimes of Endangering Interests of National Defence

Chapter VIII Crimes of Embezzlement and Bribery

Chapter IX Crimes of Dereliction of Duty

Chapter X Crimes Contrary to Duties Committed by Servicemen

Supplementary Provisions

Part 1 General Provisions

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

Article 1

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

Article 2

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

Article 3

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

Article 4

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

Article 5

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

Article 6

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

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

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

Article 7

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

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

Article 8

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

Article 9

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

Article 10

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

Article 11

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

Article 12

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

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

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Article 13

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

Article 14

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

Criminal responsibility shall be borne for intentional crimes.

Article 15

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

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

Article 16

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

Article 17

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

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

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

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

Article 18

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

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

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

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

Article 19

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

Article 20

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

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

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

Article 21

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

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

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

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

Article 22

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

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

Article 23

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

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

Article 24

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

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

Section 3 Joint Crimes

Article 25

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

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

Article 26

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

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

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

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

Article 27

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

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

Article 28

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

Article 29

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

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

Section 4 Crimes Committed by a Unit

Article 30

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

Article 31

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

Chapter III Punishments

Section 1 Types of Punishments

Article 32

Punishments are divided into principal punishments and supplementary punishments.

Article 33

The principal punishments are as follows:

(1)

public surveillance;

(2)

criminal detention;

(3)

fixed-term imprisonment;

(4)

life imprisonment; and

(5)

the death penalty.

Article 34

The supplementary punishments are as follows:

(1)

fines;

(2)

deprivation of political rights; and

(3)

confiscation of property.

Supplementary punishments may be imposed independently.

Article 35

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

Article 36

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

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

Article 37

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

Section 2 Public Surveillance(*1)

Article 38

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

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

Article 39

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

(1)

observe laws and administrative regulations, submit to supervision;

(2)

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

(3)

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

(4)

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

(5)

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

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

Article 40

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

Article 41

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

Section 3 Criminal Detention

Article 42

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

Article 43

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

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

Article 44

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

Section 4 Fixed-Term Imprisonment and Life Imprisonment

Article 45

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

Article 46

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

Article 47

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

Section 5 The Death Penalty

Article 48

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

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

Article 49

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

Article 50

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

Article 51

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

Section 6 Fines

Article 52

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

Article 53

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

Section 7 Deprivation of Political Rights

Article 54

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

(1)

the right to vote and to stand for election;

(2)

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

(3)

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

(4)

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

Article 55

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

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

Article 56

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

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

Article 57

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

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

Article 58

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

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

Section 8 Confiscation of Property

Article 59

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

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

Article 60

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

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Article 61

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

Article 62

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

Article 63

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

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

Article 64

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

Section 2 Recidivists

Article 65

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

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

Article 66

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

Section 3 Voluntary Surrender and Rendering Meritorious Service

Article 67

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

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

Article 68

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

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

Section 4 Combined Punishment for Several Crimes

Article 69

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

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

Article 70

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

CIVIL AIR DEFENSE LAW

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

(Adopted at the 22nd Meeting of the Standing Committee of the Eighth National People’s Congress on October 29, 1996
and promulgated by Order No.78 of the President of the People’s Republic of China on October 29, 1996) 

Contents 

Chapter I     General Provisions 

Chapter II    Priority of Protection 

Chapter III   Civil Air Defense Works 

Chapter IV    Communications and Warning 

Chapter V     Evacuation 

Chapter VI    Mass Organizations for Air Defense  

Chapter VII   Education in Civil Air Defense 

Chapter VIII  Legal Liability 

Chapter IX    Supplementary Provisions 

Chapter I 

General Provisions 

Article 1 This Law is enacted for the purpose of organizing effective civil air defense, preserving safety of people’s lives and
property and ensuring the smooth progress of the socialist modernization drive. 

Article 2 Civil air defense is a component part of national defense. In light of the need of national defense, the State mobilizes
and organizes the masses to take protective measures for preventing or minimizing damage caused by air raid. 

For civil air defense, the guidelines of making long-term preparation, giving priority to the building of key works and suiting both
peacetime and wartime needs shall be applied and the principles of coordinating its buildup with the development of the economy and
combining it with urban construction shall be carried out. 

Article 3 People’s governments at or above the county level shall incorporate civil air defense construction into their plans for
national economic and social development. 

Article 4 The expenses for civil air defense shall be jointly borne by the State and the society.  

The proportion borne by the Central Government shall be incorporated in the central budget, while the proportions borne by the local
people’s governments at or above the county level shall be incorporated in their budgets respectively. 

Relevant units shall bear their proportions of the expenses for civil air defense in accordance with relevant State regulations. 

Article 5 In accordance with relevant regulations, the State adopts preferential policies with regard to construction of civil air
defense projects. 

The State encourages and supports enterprises, institutions, public organizations and individuals to invest in various ways in construction
of civil air defense works. In time of peace, such works shall be used and managed by the investors and the income therefrom shall
be owned by them. 

Article 6 The State Council and the Central Military Commission shall exercise leadership in the work of civil air defense throughout
the country. 

As authorized by the State Council and the Central Military Commission, the major military commands shall exercise leadership in
the work of civil air defense in the areas under their command. 

Local people’s governments at or above the county level and the military organs at the corresponding level shall exercise leadership
in the work of civil air defense in their administrative areas respectively. 

Article 7 The competent national department for civil air defense shall administer the work of civil air defense throughout the country. 

The competent departments for civil air defense of the major military commands shall administer the work of civil air defense in
their areas respectively. 

The competent departments for civil air defense of the local people’s governments at or above the county level shall administer the
work of civil air defense in their administrative areas respectively. 

The competent departments for civil air defense of the State organs at the central level shall administer the work of civil air defense
of their own organs. 

Provisions for the establishment and the functions and duties of the competent departments for civil air defense shall be formulated
by the State Council and the Central Military Commission. 

The relevant departments for planning and construction of the people’s governments at or above the county level shall be responsible
for the work of civil air defense within the limits of their respective functions and duties. 

Article 8 All organizations and individuals shall have the right of being protected by civil air defense and must perform their duties
in civil air defense according to law. 

Article 9 The State protects civil air defense facilities from damage. All organizations and individuals are prohibited to destroy
or seize civil air defense facilities. 

Article 10 People’s governments and military organs at or above the county level shall give awards to organizations and individuals
that have achieved outstanding successes in work of civil air defense. 

Chapter II 

Priority of Protection 

Article 11 Cities enjoy priority in civil air defense. The State applies a system whereby different categories of cities are provided
with different grades of protection. 

Provisions for differentiating the cities for different grades of protection shall be formulated and the standards for such protection
established by the State Council and the Central Military Commission. 

Article 12 People’s governments of  cities shall devise air defense programmes and draw up plans for their enforcement and may
organize exercise when necessary. 

Article 13 People’s governments of cities shall work out plans for construction of civil air defense works and incorporate them into
their overall urban plans. 

Article 14 In constructing trunk lines of underground traffic and other underground projects in a city, consideration shall be given
to the needs of civil air defense. 

Article 15 All projects for storing grains, medicines, oils and other necessary goods and materials for wartime use shall be built
underground or in other concealed places. 

Article 16 Relevant departments must take effective measures of protection towards important economic targets and work out plans
dealing with emergencies and doing rush repairs. 

“Important economic targets” mentioned in the preceding paragraph include important industrial and mining enterprises, scientific
research bases, hubs of communications, signal centers, bridges, reservoirs, warehouses and power stations. 

Article 17 The competent departments for civil air defense shall, in accordance with relevant regulations, conduct supervision over
and inspection of the civil air defense construction projects of cities and economic targets. The units under inspection shall provide
them with truthful reports and the necessary information and materials. 

Chapter III 

Civil Air Defense Works 

Article 18 Civil air defense works include underground protective structures that are constructed particularly for sheltering people
and goods and materials, civil air defense command and medical aid in time of war, and basements that are constructed in combination
with the surface buildings and that can be used for air defense in time of war. 

Article 19 The State provides guidance to construction of different categories of civil air defense works in accordance with the
different requirements of protection. 

The State formulates plans for construction of civil air defense works in accordance with the need of national defense and in light
of the level of urban construction and economic development. 

Article 20 Under the prerequisite of ensuring their functions in time of war, civil air defense works shall be constructed in such
a way as to benefit economic development, production and life of the people and the development and use of such works in time of
peace. 

Article 21 The competent departments for civil air defense shall be responsible for organizing construction of such works as civil
air defense commands, shelters for public use and main passages for evacuation. Other relevant departments shall be responsible for
organizing construction of special works for medical aid and for storage of goods and materials. 

The relevant units shall be responsible for constructing works for sheltering their own employees, goods and materials. 

Article 22  Basements that can be used for air defense in time of war shall, in accordance with the relevant regulations of
the State, be constructed in new buildings of cities for civil use. 

Article 23 The design, construction and quality of civil air defense works must conform to the protection and quality standards established
by the State. 

The final design and manufacture of special equipment for civil air defense works must conform to the standards established by the
State. 

Article 24 The relevant departments of the people’s governments at or above the county level shall, in accordance with law, guarantee
the land needed for construction of civil air defense works, and provide the necessary conditions for constructing civil air defense
works that connect such infrastructures as roads, power supply, heat supply, water supply and drainage and communications systems
in urban areas. 

Article 25 The competent departments for civil air defense shall oversee and inspect the maintenance and management of civil air
defense works. 

The competent departments for civil air defense shall be responsible for the maintenance and management of civil air defense works
for public use. 

The relevant units shall in accordance with State regulations, maintain and manage civil air defense works already built or put to
use, and keep them in good repair. 

Article 26 The State encourages peacetime use of civil air defense works for economic development and the daily lives of the people.
However, such use may not impair their functions as air defense works. 

Article 27 No organizations or individuals may conduct any operation that may impair the use of civil air defense works or weaken
their protective capacities, discharge waste water or gas or dump waste material into any civil air defense works, or produce or
store any explosives, hypertoxics, inflammables, radioactive substances or corrosives therein. 

Article 28 No organizations or individuals may without approval dismantle any civil air defense works as specified in Article 21
of this Law. Where it is truly necessary to dismantle such works, the matter must be reported to the competent department for civil
air defense for approval, and the unit that dismantles the works shall be responsible for reconstruction or compensation. 

Chapter IV 

Communications and Warning 

Article 29 The State ensures unimpeded civil air defense communications and warning in order that air defense warning signals are
promptly and accurately transmitted and sent out and civil air defense is effectively organized and directed. 

Article 30 The competent national department for civil air defense shall be responsible for working out national plans of construction
projects for civil air defense communications and warning and organizing the establishment and management of the national network
of civil air defense communications and warning. 

The competent departments for civil air defense of the local people’s governments at or above the county level shall be responsible
for working out plans of construction projects for civil air defense communications and warning in their administrative areas and
organizing the establishment and management of their local networks of civil air defense communications and warning. 

Article 31 Post and telecommunications departments, military communications departments and competent departments for civil air defense
shall guarantee civil air defense communications by way of fulfilling their respective tasks prescribed by the State and carrying
out the plans of construction projects for civil air defense communications and warning. 

Article 32 Post and telecommunications departments, military communications departments and radio administration authorities shall
guarantee provision of the circuits and frequency required by the competent departments for civil air defense in establishing communications
and warning networks, the relevant units and individuals shall provide convenience for installation of facilities of civil air defense
communications and warning, and may not obstruct it. 

No organizations or individuals may use the same frequency or the same acoustic signals as those specially used by the State for
civil air defense communications or air defense warning. 

Article 33 In time of war, the communications, broadcasting and television systems must give first priority to the transmission and
sending out of air defense warning signals. 

Article 34 The relevant military departments shall communicate air intelligence to the competent departments for civil air defense
and assist the latter in training special personnel in this field. 

Article 35 All facilities for civil air defense communications and warning must be kept in good repair. 

Civil air defense warning facilities shall be maintained and controlled by the units in which they are installed and may not be dismantled
without approval. 

When necessary, the local people’s governments at or above the county level may organize trial air defense warning and shall make
it known to the public five days before the trial. 

Article 36 In time of peace, all facilities for civil air defense communications and warning shall be used in cases of emergency
and disaster. 

Chapter V 

Evacuation 

Article 37 Civil air defense evacuation shall be directed in a unified manner by the people’s governments at or above the county
level. 

Civil air defense evacuation must be carried out in accordance with the order issued by the State. No organization may go into action
without such order. 

Article 38 People’s governments at or above the county level shall organize relevant departments to formulate plans for urban civil
air defense evacuation according to need. 

Evacuation zones shall be predetermined by the people’s government of the administrative area where such zones are located, if the
zones extend to cover two or more administrative areas, they shall be predetermined by the people’s government at the next higher
level. 

Article 39 People’s governments at or above the county level shall organize relevant departments and units to make ample preparations
for arrangement of the urban population to be evacuated and for storage, transport and supply of goods and materials. 

Article 40 Where it is necessary to evacuate rural population, the local people’s government shall have them evacuated to nearby
places, which should be adhered to as a principle. 

Chapter VI 

Mass Organizations for Air Defense 

Article 41 Local people’s governments at or above the county level shall, in light of the need of civil air defense, have relevant
departments establish mass organizations for air defense. 

The tasks to be performed by mass organizations for air defense in time of war include dealing with emergencies, doing rush repairs,
providing medical aid, preventing and extinguishing fire, engaging in epidemic prevention, disinfection and sterilization, eliminating
contamination, ensuring signal communications, rescuing people, doing emergency transportation of goods and materials and maintaining
public order, and in time of peace they shall assist the departments for fighting against floods and earthquakes in dealing with
emergencies and doing disaster relief. 

Article 42 The following departments shall be responsible for organizing mass organizations for air defense: 

(1) The departments for urban construction, public utilities and power supply shall organize teams to deal with emergencies and do
rush repairs; 

(2) Public health and medical departments shall organize medical aid teams; 

(3) Public security departments shall organize fire-fighting teams and public security teams; 

(4) The departments for public health, chemical industry and environmental protection shall organize anti-chemical and anti-epidemic
teams; 

(5) The post and telecommunications departments shall organize communications teams; and 

(6) The transportation departments shall organize transportation teams. 

The Red Cross organizations shall provide first aid according to law. 

Article 43 The equipment, apparatus and funds needed by mass organizations for air defense shall be provided by competent departments
for civil air defense and the units that organize them. 

Article 44 Mass organizations for air defense shall carry out specialized training in accordance with the training program and plans
formulated  by the competent departments for civil air defense. 

Chapter VII 

Education in Civil Air Defense 

Article 45 The State develops civil air defense education to help citizens enhance their awareness of the importance of national
defense and acquire the basic knowledge and skills of civil air defense. 

Article 46 The competent national department for civil air defense shall be responsible for organizing and formulating civil air
defense education plans and specifying the contents for such education. 

The competent education departments and the competent departments for civil air defense at various levels shall arrange civil air
defense education among students at school. 

Civil air defense education for the personnel of State organs, public organizations, enterprises and institutions shall be arranged
by the units to which they belong; and such education for other persons shall be arranged by urban and rural people’s governments
at the grassroots level. 

Article 47 The relevant departments for the press, publishing, broadcasting, film, television and culture shall assist in developing
civil air defense education. 

Chapter VIII 

Legal Liability 

Article 48 A party that, in violation of the relevant regulations of the State, fails to construct,  in its newly-constructed
building for civil use in an urban area, a basement to be used for air defense in time of war shall be given a disciplinary warning
by the competent department for civil air defense of the people’s government at or above the county level and be ordered to build
it within a time limit, and may also be fined not more than 100,000 yuan. 

Article 49 A party that commits any of the following acts shall be given a disciplinary warning by the competent department for civil
air defense of the people’s government at or above the county level and be ordered to set it right within a time limit, and in the
case of an individual a fine of not more than 5,000 may also be imposed on him  and in the case of a unit a fine ranging from
10,000 to 50,000 yuan may also be imposed on it; the party shall be liable for the losses according to law, if any: (1) occupying
civil air defense works; 

(2) failing to construct civil air defense works in conformity with the protection standards and quality standards established by
the State; 

(3) altering, in violation of the relevant regulations of the State, the major structure of civil air defense works, dismantling
equipment or facilities for such works or endangering the safety or impairing the functions of the works by any other means; 

(4) refusing to reconstruct the civil air defense works that were dismantled; 

(5) using the special frequency for civil air defense communications or the same acoustic signals as those used for air defense warning
or dismantling, without approval, equipment or facilities for civil air defense communications and warning; 

(6) obstructing the installation of facilities of civil air defense communications and warning and refusing to stop doing so ; or 

(7) discharging waste water or gas or dumping waste material into civil air defense works. 

Article 50 Anyone who, in violation of the provisions of this Law, intentionally damages civil air defense facilities or produces
or stores in civil air defense works such hazards as explosives, hypertoxics, inflammables or radioactive substances, shall be punished
in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security if the violation does
not constitute a crime; otherwise, he shall be investigated for criminal responsibility according to law. 

Article 51 Any member of the competent departments for civil air defense who neglects his duty, abuses his power, conducts malpractices
for personal gain, or commits any other violations or negligence, shall be investigated for criminal responsibility according to
law if the case constitutes a crime; otherwise, he shall be subjected to administrative sanction according to law. 

Chapter IX 

Supplementary Provisions 

Article 52 The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under
the Central Government may formulate measures for implementation in accordance with this Law. 

Article 53 This Law shall go into effect as of January 1, 1997.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.



COAL LAW

Category  GEOLOGY, MINERAL RESOURCES AND ENERGY INDUSTRY Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1996-08-29 Effective Date  1996-12-01  


Coal Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Planning for Coal Production and Exploitation and
Chapter III  Coal Production and Safety in Coal Mine
Chapter IV  Coal Management
Chapter V  Protection of Coal Mining Area
Chapter VI  Supervision and Inspection
Chapter VII  Legal Responsibility
Chapter VIII  Supplementary Provisions
Appendix: Relevant Provisions of the Criminal Law

(Adopted at the 21st Meeting of the Standing Committee of the Eighth

National People’s Congress on August 29, 1996, promulgated by Order No.75 of
the President of the People’s Republic of China on August 29, 1996)
Contents
Chapter I     General Provisions
Chapter II    Planning for Coal Production and Exploitation and Construction

              of Coal Mine
Chapter III   Coal Production and Safety in Coal Mine
Chapter IV    Coal Management
Chapter V     Protection of Coal Mining Area
Chapter VI    Supervision and Inspection
Chapter VII   Legal Responsibility
Chapter VIII  Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated for the purposes of rationally
exploiting, utilizing and protecting coal resources, standardizing coal
production and management activities and promoting and guaranteeing the
development of coal industry.

    Article 2  This Law shall apply to coal production and management
activities within the territory of the People’s Republic of China and other
sea areas under the jurisdiction of the People’s Republic of China.

    Article 3  Coal resources shall be owned by the state. The state
ownership of coal resources, either near the earth’s surface or underground,
shall not change with the ownership or right to the use of the land which the
coal resources are attached to.

    Article 4  The state shall practice the policy of unified planning,
rational distribution and comprehensive utilization in coal exploitation.

    Article 5  The state shall protect coal resources in accordance with the
law. Abusive or wasteful exploitation which is destructive to coal resources
shall be forbidden.

    Article 6  The state shall protect the legitimate rights and interests of
those investing to exploit coal resources in accordance with the law.

    The state shall guarantee the healthy development of state-owned coal
mines.

    The state shall implement a policy of support, transformation,
consolidation, combination and improvement with regard to township coal mines
in order to safeguard their standardized and rational exploitation and
orderly development.

    Article 7  Coal mining enterprises must adhere to the policy of “safety
first and precaution foremost” for the safety in production, establish and
improve the safety production responsibility system and the system of mass
precaution and control.

    Article 8  The people’s governments at all levels and their departments
and coal mining enterprises must take measures to strengthen labor
protection and safeguard the safety and health of coal miners.

    The state shall adopt special protective measures for workers operating
in the pit.

    Article 9  The state shall encourage and support the adoption of advanced
science and technology and management skills in coal exploitation and
utilization.

    Coal mining enterprises shall strengthen and improve the operation and
management, raise the labor productivity and economic results.

    Article 10  The state shall safeguard the production and work order in
coal mining areas, and protect facilities of coal mining enterprises.

    Article 11  Exploitation and utilization of coal resources shall abide by
laws and regulations concerning environmental protection, prevent and control
environmental pollution, and protect the ecological environment.

    Article 12  The department of coal administration under the State Council
shall be responsible for the supervision and control of nationwide coal
industry in accordance with the law. Other relevant departments under the
State Council shall exercise supervision and control over the coal industry
according to their respective authorities.

    The department of coal administration and other relevant departments
under the local people’s governments at and above the county level shall be
responsible for the supervision and control of coal industry within their
respective regions.

    Article 13  Coal mining bureaus are state-owned coal mining enterprises
with an independent legal person status.

    Coal mining bureaus and other coal mining enterprises and coal management
enterprises with an independent legal person status shall, in accordance with
the law, perform autonomous management, assume sole responsibility for
profits and losses, and implement self-binding and self-development.
Chapter II  Planning for Coal Production and Exploitation and
Construction of Coal Mine

    Article 14  The department of coal administration under the State Council
shall, in accordance with the national planning for mineral resources
exploration, work out a national planning for coal resources exploration.

    Article 15  The department of coal administration under the State Council
shall, in the light of coal resources set by the national planning for
mineral resources, organize drawing up and implementing a planning for coal
production and exploitation.

    The department of coal administration under the people’s governments of
provinces, autonomous regions and municipalities directly under the central
government shall, in the light of coal resources set by the national planning
for mineral resources, organize drawing up and implementing a local planning
for coal production and exploitation, and submit it for filing to the
department of coal administration under the State Council.

    Article 16  Planning for coal production and exploitation shall be
worked out in accordance with the needs of the national economy and social
development, and be incorporated in the plan of national economy and social
development.

    Article 17  The state shall formulate beneficial policies to support
the development of coal industry and promote the construction of coal mines.

    Coal mine construction projects shall conform to the planning for coal
production and exploitation and the coal industrial policy.

    Article 18  For establishing a coal mining enterprise, the following
requirements shall be satisfied:

    (1) have a feasibility study report or mining plan for the coal mine
construction project;

    (2) have definite scope of the mine and mining area, and a resources
comprehensive utilization plan;

    (3) have geological, surveying and hydrological data and other relevant
data needed for mining;

    (4) have a mine design conformable with the requirements for safety in
production and environmental protection of coal mine;

    (5) have a rational production scale of coal shaft and funds, equipment
and technical personnel suited to the production scale; and

    (6) other requirements specified by laws or regulations.

    Article 19  For establishing a coal mining enterprise, an application
must be submitted to the department of coal administration for examination
and approval in accordance with the requirements specified by this Law and
the scope of authorities at different levels stipulated by the State Council.

    For examination and approval of a coal mining enterprise, a review and
opinions on the scope of mining areas and the plan for comprehensive
utilization of resources shall be required from the administrative department
of geology and mineral resources.

    Coal mining enterprises approved to be established shall, by presenting
the approval document, apply for a mining license from the administrative
department of geology and mineral resources.

    Article 20  The use of land for the construction of coal mines shall be
handled in accordance with relevant laws and regulations. In the case of
requisition of land, the land and settlement compensations shall be paid in
accordance with the law, and the settlement work for the removing residents
shall be done properly.

    The construction of coal mines shall adhere to the principle of protection
of cultivated land and rational utilization of land.

    Local people’s governments shall give support and assistance when there
is a need to use land and remove relevant residents for the construction of a
coal mine in accordance with the law.

    Article 21  In construction of coal mines, coal exploitation shall be
conducted in step with the protection and control of the environment.
Installations for environmental protection at a coal mine construction
project must be designed, built, inspected and brought into operation
together with the principal part of the project.
Chapter III  Coal Production and Safety in Coal Mine

    Article 22  Before starting production, a coal mining enterprise shall,
in accordance with the provisions of this Law, apply for a coal production
license from the department of coal administration, and the latter shall
conduct an examination on the enterprise’s actual production and safety
conditions and, where considering them conformable with the conditions
prescribed by this Law, issue a coal production license.

    Those without a coal production license may not engage in coal
production.

    Article 23  For applying for a coal production license, the following
requirements shall be satisfied:

    (1) have a mining license obtained in accordance with the law;

    (2) the production system of the mine shaft is conformable with the
safety rules for coal mines stipulated by the state;

    (3) the mine director has received proper training in accordance with the
law and obtained a credential for mine directors;

    (4) the workers of special operation have received proper training in
accordance with the law and obtained an operation credential;

    (5) the communication of production management up or down the pit, inside
or outside the mine is unblocked;

    (6) have field surveying up- against down-pit engineering drawings, plain
figure for excavation and figure for ventilation system;

    (7) have installations which have been completed and have passed the
inspection for safeguarding the safety in production in coal mine and
environmental protection; and

    (8) other requirements specified by laws or regulations.

    Article 24  The department of coal administration under the State Council
shall take in charge of the following coal mining enterprises in respect of
the issuance and control of coal production licenses:

    (1) coal mining enterprises which have been examined and approved to
establish by the State Council or the establishment of which should be
examined and approved by the department of coal administration under the
State Council according to law; and

    (2) coal mining enterprises involving areas of more than one provinces,
autonomous regions or municipalities directly under the central government.

    The department of coal administration under the people’s governments of
provinces, autonomous regions and municipalities directly under the central
government shall be in charge of coal mining enterprises other than those
mentioned in the preceding paragraph in respect of the issuance and control
of coal production licenses.

    The department of coal administration under the people’s governments of
provinces, autonomous regions and municipalities directly under the central
government may authorize the department of coal administration under the
people’s governments of districted cities or autonomous prefectures to be
responsible for the issuance and control of coal production licenses.

    Article 25  The departments for issuance and control of coal production
licenses shall be responsible for the supervision of coal production
licenses.

    Coal mining enterprises having obtained a coal production license may not
transfer or hire out the license to others.

    Article 26  No coal production license may be issued with regard to a
mining area for which a coal production license has already been issued.

    When the term of validity of a coal production license expires or the
coal resources in the relevant approved mining area have been exhausted, the
department issuing the coal production license shall cancel the license and
make an announcement accordingly.

    If there have been any changes to the production and safety conditions of
a coal mining enterprise, and after being verified, the changed production
and safety conditions are considered no longer to conform to the stipulations
of this Law, the coal production license of the enterprise shall be revoked
by the issuing department with an announcement made accordingly.

    Article 27  Measures for the control of coal production licenses shall be
formulated by the State Council in accordance with this Law.

    The standing committee of the people’s congress of provinces, autonomous
regions and municipalities directly under the central government may, in
accordance with this Law and relevant provisions of the State Council,
formulate measures for the control of coal production licenses for
implementing within their respective regions.

    Article 28  The state shall conduct protective exploitation with regard
to those special or scare kinds of coal which bear importance to the national
economy.

    Article 29  The exploitation of coal resources must accord with the coal
mining rules, abide by the rational mining order and reach the specified
recovery rate of coal resources.

    The recovery rates shall be determined by the department of coal
administration under the State Council in the light of different resources
and mining conditions.

    The state encourages coal mining enterprises to do reexploitation and
mine remnants of old pits or extremely poor coal.

    Article 30  Coal mining enterprises shall strengthen the supervision,
examination and management of the quality of coal products. The quality of
coal products shall be classified according to the national or industrial
standards.

    Article 31  Coal production shall be conducted within the approved mining
areas in accordance with the law. No exploitation beyond the approved
boundary or layer shall be allowed.

    In mining operation, it is forbidden to mine protective coal columns
without authorization or adopt dangerous methods such as breaking dikes,
demolition or making tunnels through that may endanger the safety in
production of the neighboring coal mines.

    Article 32  If any activities of coal exploitation cause occupation of
areas of land or subsidence of, or damages to, land surface, the exploiter
shall be responsible for its reclamation and restoration to the useful
status; compensation shall be given if any losses have been made to others.

    Article 33  Closure of mines and scraping of pits shall be handled in
accordance with relevant laws and regulations as well as relevant provisions
of the department of coal administration under the State Council.

    Article 34  The state shall establish a system under which coal mining
enterprises shall accumulate funds for shifting the line of production when
the coal mine comes to its senile stage.

    The state encourages and supports coal mining enterprises to develop
diversified economy.

    Article 35  The state encourages and supports coal mining enterprises and
other enterprises to develop combined production of coal and electricity,
coking, coal chemical industry and coal building materials, etc. through
developing deep and fine processing of coal.

    The state encourages coal mining enterprises to develop coal dressing
processing, comprehensively exploit and utilize seam gas, gangue, coal mire,
bone coal and peat.

    Article 36  The state shall develop and promote coal cleaning technology.

    The state shall take measures to ban coking with local methods. It is
forbidden to newly establish coke ovens of local method; the existing ones
shall be transformed within a specified time limit.

    Article 37  People’s governments at and above county level and their
department of coal administration and other relevant departments shall
strengthen the supervision and control over the work of safety in production
of coal mines.

    Article 38  The system of mining bureau director’s and mine director’s
responsibility shall be adopted for the control of safety in production of
coal mining enterprises.

    Article 39  Mining bureau directors, mine directors and other chief
persons-in-charge of the coal mining enterprises must abide by laws and
regulations concerning safety in mines and safety rules and regulations of
coal industry, strengthen the control over the work of safety in production
of coal mines, implement the responsibility system for safety in production
and adopt effective measures to prevent the occurrence of casualties and other
safety accidents in production.

    Article 40  Coal mining enterprises shall give their staff and workers
counseling and training on safety in production; those having not received
such counseling or training may not go to the operation.

    Staff and workers of coal mining enterprises shall abide by laws and
regulations concerning safety in production, rules and regulations of coal
industry and of the enterprise.

    Article 41  During underground operation in coal mines, in the case of
emergencies which endanger the lives and safety of the workers and cannot be
removed, the person in charge or the safety manager at the operation site
shall promptly organize the workers to evacuate the scene of danger and give
report to relevant person in charge without delay.

    Article 42  The labor union of a coal mining enterprise shall, when
discovering that the management of the enterprise gives a command contrary to
the established rules and compels workers to operate under unsafe conditions,
or finding in the course of production major hidden dangers of accidents
which may endanger lives and safety of the workers, have the right to put
forward proposals for a solution, and the management of the coal mining
enterprise must make a decision without delay. If the management of the
enterprise refuses to take any action, the labor union shall have the right
to give criticism, inform the relevant authorities or file charges.

    Article 43  Coal mining enterprises must provide their staff and workers
with labor protection articles necessary for the guarantee of safety in
production.

    Article 44  Coal mining enterprises must effect accident insurance and
pay the insurance expenses for the staff and workers who conduct underpit
operation.

    Article 45  Equipment, materials, fire products and safety instruments
used by coal mining enterprises must meet the national or industrial
standards.
Chapter IV  Coal Management

    Article 46  Coal mining enterprises having obtained a coal production
license in accordance with the law shall be enpost_titled to sell the coal
produced by the enterprise itself.

    Article 47  For establishing a coal managing enterprise, the following
requirements must be satisfied:

    (1) have a registered capital compatible with the management scale;

    (2) have fixed premises;

    (3) have necessary installations and sites for coal storing;

    (4) have up-to-standard metrological and quality inspection equipment;

    (5) conform to the rational distribution of coal managing enterprises
demanded by the state; and

    (6) other requirements specified by laws or regulations.

    Article 48  For establishing a coal managing enterprise, an application
must be submitted to a department designated by the State Council or by the
people’s government of the province, autonomous region or municipality
directly under the central government; the latter shall conduct a
qualification examination in accordance with the requirements specified in
Article 47 of this Law and the scope of authorities at different levels
stipulated by the State Council; those satisfying the requirements shall be
given an approval. Only after having applied for and obtained a business
license from the administrative department for industry and commerce by
presenting the approval document may the applicant engage in coal management.

    Article 49  In coal managing activities, coal managing enterprises shall
abide by the provisions of relevant laws and regulations, improve service
quality and ensure supplying. All illegal managing activities shall be
forbidden.

    Article 50  Intermediate links shall be reduced and irrational
intermediate links shall be liquidated in coal management. It is advocated
that coal mining enterprises with suitable conditions conduct direct sales of
coal.

    Coal users and coal managing enterprises in coal sales territories shall
be enpost_titled to purchase coal directly from coal mining enterprises. In coal
production territories, coal sales and transport service agencies may be
organized to handle selling and transporting business for small and medium-
sized coal mines.

    No administrative departments may violate the state’s provisions and
establish intermediate links in the course of coal supply and charge extra
expenses.

    Article 51  Stations, ports and other transportation enterprises engaging
in coal transportation may not involve themselves in coal management and seek
for illicit earnings by taking advantage of the transportation power they
possess.

    Article 52  The administrative department for commodity prices under the
State Council shall, in conjunction with the department of coal
administration and other relevant departments under the State Council,
conduct supervision and control over the market prices of coal.

    Article 53  The quality of coal supplied to users by coal mining
enterprises and coal managing enterprises shall meet the national or
industrial standards with the called grade and demanded price compatible with
the actual quality. Where the user has special quality requirements, the two
parties of supply and demand shall include the requirements in the contract
for purchase and sale of coal.

    Coal mining enterprises and coal managing enterprises may not adulterate
coal or mix up coal of different grades or pass inferior coal off as
quality one.

    Article 54  Coal mining enterprises and coal managing enterprises shall
give compensation in accordance with the law if the quality of coal supplied
to users by them fails to meet the national or industrial standards or fails
to conform to stipulations in the contract, or the called grade or demanded
price is not compatible with the actual quality and that has caused damages
to users.

    Article 55  Coal mining enterprises, coal managing enterprises,
transportation enterprises and coal users shall supply, transport and accept
and unload coal in accordance with laws, relevant provisions of the State
Council or stipulations in contracts.

    Transportation enterprises shall separately load and stack coal they have
accepted for carriage according to different quality of the coal.

    Article 56  The import and export of coal shall be unifiedly managed in
accordance with provisions of the State Council.

    Large-scale coal mining enterprises with suitable conditions may engage in
coal export after licensed by the administrative department for foreign trade
and economic cooperation under the State Council in accordance with the law.

    Article 57  Measures for administration of coal management shall be
formulated by the State Council in accordance with this Law.
Chapter V  Protection of Coal Mining Area

    Article 58  No unit or individual may endanger power, communication,
water sources, transportation or other production facilities in coal mining
areas.

    All units and individuals are forbidden to disrupt order in production
and other work of coal mining areas.

    Article 59  Any unit and individual shall have the right to inform the
relevant authorities of or file charges against acts of stealing or
destroying installations or equipment of coal mining areas or other acts
endangering the safety in coal mining areas.

    Article 60  Without permission of the coal mining enterprise, no unit or
individual may make planting, breeding or earth-gathering or construct any
buildings or structures within the validity period of the right to use land
obtained by the coal mining enterprise in accordance with the law on the land
concerned.

    Article 61  Without permission of the coal mining enterprise, no unit or
individual may occupy the rail line, road, waterway, wharf, power lines or
water-supply pipes for special use of the enterprise.

    Article 62  When there is a need to conduct operation in the mining area
of a coal mine and the operation may endanger the safety in the coal mine,
only after having obtained permission from the coal mining enterprise and the
approval of the department of coal administration and taken proper safety
measures may relevant unit or individual start the operation.

    When there is a need to conduct public engineering or other engineering
within a coal mining area, only after having consulted and reached agreement
with the coal mining enterprise may the relevant unit start the operation.
Chapter VI  Supervision and Inspection

    Article 63  The department of coal administration and other relevant
departments shall, in accordance with the law, conduct supervision and
inspection on coal mining enterprises and coal managing enterprises with
respect to their implementing of coal laws and regulations.

    Article 64  Supervisors and inspectors from the department of coal
administration and other relevant departments shall familiarize themselves
with coal laws and regulations, grasp the specialized technology in the field
of coal, conduct themselves fairly and honestly and enforce the l

REGULATIONS FOR CUSTOMS CHECK

Regulations of the PRC For Customs Check

    

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

CHAPTER I GENERAL PROVISIONS

CHAPTER II MANAGEMENT OF RELEVANT MATERIALS

CHAPTER III IMPLEMENTATION OF CUSTOMS CHECKS

CHAPTER IV DISPOSAL OF RESULTS OF CUSTOMS CHECKS

CHAPTER V LEGAL RESPONSIBILITIES

CHAPTER VI SUPPLEMENTARY RULES

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

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

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

(1) Enterprises and units engaged in foreign trade.

(2) Enterprises engaged in processing trade.

(3) Enterprises engaged in bonded business.

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

(5) Enterprises engaged in Customs declaration.

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

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

CHAPTER II MANAGEMENT OF RELEVANT MATERIALS

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

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

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

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

CHAPTER III IMPLEMENTATION OF CUSTOMS CHECKS

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

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

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

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

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

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

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

(1) To consult and copy relevant material.

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER IV DISPOSAL OF RESULTS OF CUSTOMS CHECKS

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

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

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

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

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

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

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

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

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

(2) Refusing or delaying supply of relevant materials.

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

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

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

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

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

    





PROTECTION OF THE RIGHTS AND INTERESTS OF THE ELDERLY LAW

Law of the People’s Republic of China on Protection of the Rights and Interests of the Elderly

(Adopted at the 21st Meeting of the Standing Committee of the Eight National People’s Congress on August 29, 1996
and promulgated by Order No. 73 of the President of the People’s Republic of China on August 29, 1996) 

Contents 

Chapter I    General Provisions 

Chapter II   Maintenance and Support by Families 

Chapter III  Social Security 

Chapter IV   Participation in Social Development 

Chapter V    Legal Responsibility 

Chapter VI   Supplementary Provisions 

Chapter I 

General Provisions 

Article 1 This Law is enacted in accordance with the Constitution to protect the lawful rights and interests of the elderly, develop
the undertakings related to the elderly   and promote the Chinese people’s virtues of respecting and providing for the
elderly. 

Article 2 The elderly referred to in this Law are citizens at or above the age of 60. 

Article 3 The State and society shall take measures to improve the social security system regarding the elderly and gradually better
the conditions that contribute toward their well-being, good health and participation in social development, so that they are provided
for, have access to  necessary medical care, have opportunities for their own pursuits and studies and enjoy themselves. 

Article 4 The State protects the lawful rights and interests of the elderly. 

The elderly have the right to obtain material assistance from the State and society and enjoy the achievements in social development. 

Discriminating against, insulting, maltreating or forsaking the elderly is forbidden. 

Article 5 The people’s governments at various levels shall incorporate the undertakings related to the elderly into the plans for
national economic and social development, gradually increase the investment in these undertakings and encourage all sectors of society
to make such investment, so that these undertakings and the economy and society develop in a coordinated manner. 

The State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
shall take organizational measures to coordinate the efforts made by relevant departments to protect the rights and interests of
the elderly. The specific institutions for the purpose shall be prescribed by the State Council and the people’s governments of 
provinces, autonomous regions and municipalities directly under the Central Government. 

Article 6 It is the duty of the entire society to protect the lawful rights and interests of the elderly. 

State organs, public organizations, enterprises and institutions shall, in compliance with their own functions and responsibilities,
protect the rights and interests of the elderly. 

Neighbourhood committees, villagers’ committees and the organizations of the elderly established according to law shall make known
the demands of the elderly, safeguard their lawful rights and interests and serve them. 

Article 7 Throughout the community publicity and education should be conducted in the need to establish the social values under which
the elderly are respected, taken care of and helped. 

The organizations of young people, schools and kindergartens shall carry out education in ethics among young people and children,
so that the latter will understand the importance of respecting and providing for the elderly. They shall also educate young people
and children in the legal system so that the latter will understand the need of safeguarding the rights and interests of the elderly. 

Voluntary service for the elderly shall be encouraged. 

Article 8 The people’s governments at various levels shall commend and award the organizations, families or individuals that have
scored outstanding achievements in safeguarding the lawful rights and interests of the elderly and respecting and providing for them. 

Article 9 The elderly shall observe law and discipline and perform their duties prescribed by law. 

Chapter II 

Maintenance and Support by Families 

Article 10 The elderly shall be provided for mainly by their families, and their family members shall care for and look after them. 

Article 11 Supporters of the elderly shall perform the duties of providing for the elderly, taking care of them and comforting them,
and cater to their special needs. 

The supporters referred to here are the sons and daughters of the elderly and other people who are under the legal obligation to
provide for the elderly. 

The spouses of the supporters shall assist them in performing their obligation to provide for the elderly.  

Article 12 The supporters shall pay medical expenses for the elderly suffering from  illnesses and provide them with nursing
care. 

Article 13 The supporters shall properly arrange for the housing of the elderly and shall not compel the latter to move to inferior
houses. 

The sons and daughters or other relatives of the elderly shall not seize the houses owned or rent by the elderly and they shall not,
without permission of the elderly, replace the elderly as the owners or renters of the houses themselves or by anyone else. 

The supporters of the elderly have the duty to keep the houses owned by the elderly in good repair. 

Article 14 The supporters have the duty to help farm the land the elderly contract to farm, and take care of the trees and livestock
contacted or owned by the elderly, but the earnings therefrom shall go to the elderly.  

Article 15 The supporters shall not refuse to perform their duties of providing for the elderly on the ground that they will give
up their right of inheritance or for any other reasons. 

If  the supporters do no perform their duties of providing for the elderly, the latter shall have the right to ask the former
for alimony. 

The supporters shall not ask the elderly to do any work beyond their ability. 

Article 16 The elderly and their spouses have the duty to support each other. 

If those who were brought up by their elder brothers or sisters can bear the burden, they shall provide for their elder brothers
or sisters should the latter do not have supporters when they are advanced in years. 

Article 17 The supporters may conclude an agreement between themselves on their duty to provide for the elderly, subject to approval
by the latter. Neighbourhood committees, villagers’ committees or the organizations of the supporters may supervise the fulfilment
of the agreement. 

Article 18 The freedom of marriage of the elderly is protected by law. Their sons, daughters or other relatives shall not interfere
in their divorce, remarriage or post-remarriage life. 

The supporters shall not be relieved of the duty to provide for the elderly because of any change in the latter’s marriage. 

Article 19 The elderly shall have the right to dispose of their personal property according to law. Their sons, daughters and other
relatives shall not interfere in this matter or extort money or anything of value from the elderly. 

The elderly shall have the right to inherit the legacy of their parents, spouses, sons, daughters or other relatives according to
law and the right to accept donations. 

Chapter III 

Social Security 

Article 20 The State establishes an old-age insurance system to ensure the basic needs in the life of the elderly. 

Article 21 The pensions and other material benefits the elderly enjoy according to law shall be guaranteed. The organizations concerned
must regularly pay the elderly their pensions in full. They shall not be behind in payment without reason or divert the pensions
for other purposes. 

The State shall increase the pensions along with economic development, improvement in people’s living standards and increase in the
wages of workers. 

Article 22 In addition to the old-age insurance system to be established in rural areas in light of local conditions, some of the
collectively owned land, forests, bodies of water, shoals, etc. that are not contracted out may, where possible, be made production
bases for the benefit of the elderly, and the earnings therefrom shall be used for the elderly. 

Article 23 The local people’s governments shall provide relief to the elderly in urban areas who are unable to work and have no sources
of income or supporters or whose supporters are truly unable to provide for or support them. 

With regard to the elderly in rural areas who are unable to work and have no sources of income or supporters or whose supporters
are truly unable to provide for or support them, their food, clothing, housing, medical care and burial expenses shall be borne by
collective economic organizations, and the people’s governments of townships, nationality townships or towns shall be responsible
for making arrangements for the matter. 

Article 24 Citizens and organizations are encouraged to conclude agreements with the elderly on their maintenance or other agreements
on their support. 

Article 25 The State establishes different medical insurance systems to meet the basic needs of  the elderly for medical care. 

When formulating medical insurance regulations, the departments concerned shall give favourable consideration to the elderly. 

The benefits enjoyed by the elderly in medical care according to law must be guaranteed. 

Article 26 When the elderly suffer from illnesses, if they themselves and their supporters are really unable to pay their medical
expenses, the local people’s governments may provide them with appropriate aid and may also solicit help from the community. 

Article 27 Medical institutions shall make it easy for the elderly to get medical treatment and let those at or above the age of
70 enjoy priority in this regard. Where conditions permit, hospital beds may be placed in the homes of the elderly patients and doctors
are encouraged to go round to provide medical services. 

Free treatment of elderly patients is encouraged. 

Article 28 The State shall take measures for promoting research in geriatrics, training more geriatricians and improving prevention,
treatment and scientific research of geriatric illnesses. 

Education in health shall be conducted in various forms to disseminate knowledge about health care of the elderly and enhance their
awareness of the importance for them to maintain good health. 

Article 29 When distributing, redistributing or selling their houses, organizations shall give consideration to the needs of their
old-age ex-employees in light of the actual conditions and in conformity with relevant standards. 

Article 30 When public facilities, residential quarters and houses are built or renovated in cities and towns, the special needs
of the elderly should be taken into consideration and facilities suited to the daily life and activities of the elderly shall be
installed. 

Article 31 The elderly shall have the right to receive continued education. 

The State develops education for the elderly and encourages the society to run well all types of schools for the elderly. 

The people’s governments at various levels shall provide more effective leadership to education for the elderly and make unified
plans for the education. 

Article 32 The State and society shall take measures to carry out cultural, sports and recreational activities of a mass character
that are suited to the elderly as to enrich their cultural life. 

Article 33 The State encourages and helps public organizations or individuals to establish welfare institutions for the elderly and
build for them homes, apartments, rehabilitation centers, and places to carry out cultural and sports activities, etc. The local
people’s governments at various levels shall gradually increase their investment in the welfare undertakings for the elderly and
provide more welfare facilities for them, depending on the level of their economic development. 

Article 34 To meet the needs of the elderly, the people’s governments at various levels shall provide guidance to enterprises in
developing, producing and dealing in the daily necessities of the elderly. 

Article 35 Community services shall be developed. Service facilities and networks for the daily life, cultural and sports activities,
nursing and rehabilitation of the elderly shall be gradually installed and established. 

The tradition of mutual-aid between neighbours shall be promoted and  neighbours of  the elderly are encouraged to take
care of and help the elderly in need. 

Volunteers shall be encouraged and supported in their effort to serve the elderly. 

Article 36 The local people’s governments at various levels may, in light of the local conditions, give the elderly preferential
treatment when they visit places of interest and take public transport facilities. 

Article 37 The elderly in rural areas shall not undertake voluntary labour or labour for public accumulation fund. 

Article 38 Radio programs, films, television programs, newspapers and periodicals shall serve the elderly by covering their life
and publicize the need to safeguard their lawful rights and interests. 

Article 39 If the elderly really have difficulty in paying the cost of lawsuits they bring against infringement on their lawful rights
and interests, they may postpone paying it, pay a smaller amount or be exempted from it. If they need the assistance of lawyers but
cannot afford to pay for it, they may get legal aid. 

Chapter IV 

Participation in Social Development 

Article 40 The State and society shall attach importance to and cherish the knowledge, skills and revolutionary and construction
experience of the elderly, set great store by their fine moral characters and give play to their special skills and role. Article
41 The State shall create conditions for the elderly to take part in the promotion of socialist material, cultural and ethical progress.
If society so needs and if conditions permit, the elderly shall be encouraged to engage in the following activities on a voluntary
basis and according to their capacity: 

(1) to help educate young people and children in socialism, patriotism, collectivism and hard work and other fine traditions; 

(2) to pass on their cultural, scientific and technological knowledge; 

(3) to provide consultancy service; 

(4) to take part in the development and application of science and technology according to law; 

(5) to engage in business and production according to law; 

(6) to establish public welfare undertakings; 

(7) to take part in maintaining public order and help mediate disputes between people; 

(8) to participate in other social activities. 

Article 42 The lawful earnings of the elderly from their work are protected by law. 

Chapter V 

Legal Responsibility 

Article 43 When the lawful rights and interest of the elderly are infringed upon, they or their agents shall have the right to refer
the matter to the department concerned or bring a lawsuit to a People’s Court according to law. 

The People’s Court and the department concerned shall, without delay, accept and handle the complaints, charges against or exposures
of the infringement of the lawful rights and interests of the elderly according to law. 

Article 44 Departments or organizations that do not perform their duties to protect the lawful rights and interests of the elderly
shall be educated through criticism by the competent departments at the higher level and be ordered to correct their mistakes. 

State functionaries who impair the lawful rights and interests of the elderly because of their dereliction of duty in violation of
law, the organizations where they are employed or the organs at the higher level shall order them to correct their mistakes or shall
give them administrative sanctions. If the case constitutes a crime, criminal responsibility shall be pursued according to law. 

Article 45 When the elderly have disputes with their family members over their support, or over housing or property, they may ask
the organizations where their family members are employed, the neighbourhood committees or the villagers’ committees to mediate.
They may also bring a lawsuit directly to a People’s Court. 

If the family members are found to be in the wrong through mediation of the disputes mentioned in the preceding paragraph, they shall
be educated through criticism and ordered to correct their mistakes. 

When the elderly apply to a People’s Court to claim alimony or payments for support, the Court may order advance execution according
to law. 

Article 46 Whoever insults the elderly in public by violence or other means, slanders them or maltreats them, if the case is not
serious, shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security;
if the case constitutes a crime, his criminal responsibility shall be pursued according to law. 

Article 47 Whoever interferes with the freedom of marriage of the elderly by violence or refuses to provide for or support the elderly
whom he has the duty to provide for or support, if the case is serious and thus constitutes a crime, shall be investigated for criminal
responsibility according to law. 

Article 48 The family members of the elderly who steal, defraud, seize, extort or deliberately damage the property of the elderly,
if the case is not serious, shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties
for Public Security; if the case constitutes a crime, they shall be investigated for criminal responsibility according to law. 

Chapter VI 

Supplementary Provisions 

Article 49 The people’s congresses of national autonomous areas may, in accordance with the principles of this Law, in light of the
special customs and habits of the local nationalities and in pursuance of legal procedures, formulate regulations which may be variant
from or supplementary to this Law. 

Article 50 This Law shall go into effect as of October 1, 1996.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.






SUPPLEMENTARY CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING ISSUES OF TAXATION ON PROMOTING THE TECHNOLOGY PROGRESS OF ENTERPRISES

The State Administration of Taxation

Supplementary Circular of the State Administration of Taxation Concerning Issues of Taxation on Promoting the Technology Progress
of Enterprises

GuoShuiFa [1996] No.152

September 3, 1996

In order to better carry out the spirit of the Circular of the Ministry of Finance and the State Administration of Taxation Concerning
Issues of Finance and Taxation on Promoting the Technology Progress of Enterprises (CaiGongZi [1996] No.41), the issues concerning
taxation hereof is complemented as follows:

1.

The wage of staff in research institutions of enterprises shall be accounted in the management expenditure and at the end of the year
when the taxable amount of income is counted, be tax-adjusted according to taxation wage.

2.

Where the expenditure of profitable enterprises for research and developing new products, new technology, new craftwork, is 10% higher
or more than those really occurred last year, the real expenditure of the year shall, in addition to list the expenditure, at the
year-end with the check and approval of competent tax authorities, credit the taxable amount of income according to the 50% of the
real amount occurred. Where the increase is less than 10%, there is no credit. The expenditure of enterprises running at a loss occurred
for research and development, shall only list expenditure according to the fact, and shall not apply to the method of credit the
taxable amount of income when increase amounts to a certain proportion.

3.

Where the expenditure of profitable enterprises for research and development increases to 10% higher or more than that of last year,
where 50% of the amount real occurred is more than the taxable amount of income, the part within the taxable amount of income; may
be credited while the part over the taxable amount of income shall not be credited in current year and the ensuing year.



 
The State Administration of Taxation
1996-09-03

 






REGULATIONS ON THE ADMINISTRATION OF SPECIAL SIGNS

Category  ADMINISTRATION FOR INDUSTRY AND COMMERCE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-07-13 Effective Date  1996-07-13  


Regulations on the Administration of Special Signs

Chapter I  General Provisions
Chapter II  Registration of Special Signs
Chapter III  Use and Protection of Special Signs
Chapter IV  Supplementary Provisions

(Promulgated by Decree No.202 of the State Council of the People’s

Republic of China on July 13, 1996)
Chapter I  General Provisions

    Article 1  These Regulations are formulated for the purposes of
strengthening the administration of special signs, promoting the development
of culture, physical culture, scientific research and other non-profit social
activities and protecting the lawful rights of customers and the owners and
users of special signs.

    Article 2  Special signs referred to in these Regulations mean such signs
as post_titles and their abbreviations, emblems and mascots composed of words and
designs and used for national or international cultural, physical cultural,
scientific research or other non-profit social activities held with the
approval of the State Council.

    Article 3  Special signs approved and registered by the administrative
department for industry and commerce under the State Council shall be
protected by these Regulations.

    Article 4  Special signs composed of words and designs containing any of
the following contents shall not be registered:

    (1) those detrimental to the dignity or image of the country or any
international organization;

    (2) those harmful to benign social customs and public order;

    (3) those with national discrimination and detrimental to the unity of
nationalities;

    (4) those lacking distinctiveness and not easy to identify; and

    (5) other contents forbidden by laws or regulations.

    Article 5  Funds raised by owners of special signs through using or
licensing others to use the special signs must be used for the non-profit
social undertakings which the special signs serve and shall be subject to
supervision by the departments of finance and auditing under the State
Council.
Chapter II  Registration of Special Signs

    Article 6  Organizers or those in charge of the preparatory work of non-
profit social activities shall submit an application for registration to the
administrative department for industry and commerce under the State Council
with respect to such special signs as post_titles, emblems or mascots they use for
the aforesaid activities and require to be protected.

    The application for registration can be filed directly or by an entrusted
agent.

    Article 7  An application form for registration of special signs shall be
filled in and the following documents be presented while filing an
application for registration of a special sign:

    (1) the State Council’s document approving such non-profit social
activities;

    (2) conditions and control measures for permitting others to use the
special sign;

    (3) five prototypes of the special sign and one copy of the design in
black and white. The prototypes should be clear and easy to stick and made of
durable glossy paper or be photographs as substitute, with its length and
width no more than ten centimeters and no less than five centimeters;

    (4) a letter of authorization with clear indication of matters entrusted
and the scope of the power of agency, if the application is entrusted to an
agent; and

    (5) other documents which the administrative department for industry and
commerce under the State Council requires to be presented.

    Article 8  On receipt of an application, the administrative department
for industry and commerce under the State Council shall handle things in
accordance with the following provisions:

    (1) Where the application conforms to the relevant provisions of these
Regulations and the application papers are considered complete and correct,
issue a notice of acceptance of the application for the registration of
special signs within fifteen days from the date of receipt of the application
and, within two months from the date of the issuance of the notice, make an
entry in the register of special signs of matters related to the special
sign, the prototype of the special sign and commodities and services examined
and approved for use of the special sign, and issue a certificate of
registration of special signs.

    An announcement shall be made by the administrative department for
industry and commerce under the State Council upon registration of the
special sign after examination and approval.

    (2) In cases where the application papers are found to be incomplete or
incorrect, issue a notice of making supplementation or correction for the
application for registration of special signs within ten days from the date
of receipt of the application and meanwhile require the applicant to make
supplementation or correction within fifteen days from the date of receipt of
the notice and, when no supplement or correction has been made within the
time limit or the application papers remain incomplete or incorrect after the
supplementation or correction, issue a notice of non-acceptance of the
application for registration of special signs.

    (3) In cases where the application is found to be in contravention of the
provisions stipulated in Article 4 of these Regulations, issue a notice of
rejection of the application for registration of special signs within fifteen
days from the date of receipt of the application. Applicant who calls in
question the notice of rejection may, within fifteen days from the date of
receipt of the notice of rejection, apply to the administrative department
for industry and commerce under the State Council for reconsideration.

    Notices mentioned in the preceding paragraph shall be served to the
applicants or their agents by the administrative department for industry and
commerce under the State Council. In case of failure of direct service due to
unforeseen reasons, the date twenty days after the date of announcement or
sending by post by the administrative department for industry and commerce
under the State Council shall be construed as the date of service.

    Article 9  The validity of special signs shall be four years, counting
from the date of registration after examination and approval.

    Owners of special signs may apply for extension within three months
before the expiry of validity. The duration of extension shall be determined
by the administrative department for industry and commerce under the State
Council in the light of actual needs and conditions.

    Changes of addresses of the owners of special signs shall be reported to
the administrative department for industry and commerce under the State
Council for record within one month from the date of the change.

    Article 10  Where any special sign already approved for registration
falls under any of the following circumstances, any unit or individual may,
during the period from the date of the announcement of the special sign to
the expiry of its validity, request the administrative department for
industry and commerce under the State Council to declare the registration of
the special sign to be null and void by stating reasons and providing
corresponding evidences:

    (1) It is identical with or similar to any special sign the application
of which precedes;

    (2) It is identical with or similar to any trademark the application of
which for registration precedes or any of those already registered;

    (3) It is identical with or similar to any design the application of
which for patent precedes or any of those which have already acquired the
patent according to law; or

    (4) It results in infringement upon other person’s copyright.

    Article 11  The administrative department for industry and commerce under
the State Council shall, within ten days from the date of receipt of the
application for nullifying the registration of special signs, notify the
respondent thereof and require him to give reply within fifteen days from the
date of receipt of the notice.

    The respondent’s refusal to give reply or failure to give reply within
the time period set for the reply without justifiable reasons shall be deemed
as abandonment of the right to make reply.

    Article 12  The administrative department for industry and commerce under
the State Council shall make a decision and notify it to the parties
concerned within three months from the date of receipt of the application for
nullifying the registration of special signs; the party refusing to accept
the decision may, within fifteen days from the date of receipt of the notice,
apply to the administrative department for industry and commerce under the
State Council for reconsideration
Chapter III  Use and Protection of Special Signs

    Article 13  Owners of special signs may use the signs on advertisements,
souvenirs and other items related to the non-profit activities and license
others to use the signs on commodities and services as examined and approved
by the administrative department for industry and commerce under the State
Council.

    Article 14  Users of special signs shall be enterprises, institutions,
social organizations and individual businesses established in accordance with
the law.

    Users of special signs shall conclude a written licensing contract with
the owners.

    Users of special signs shall, within one month from the date of the
signing of the contract, submit one copy of the contract to the
administrative department for industry and commerce under the State Council
for filing and submit another copy of the same to the administrative
department for industry and commerce of the people’s government at or above
the county level of the place where the user is located for reference.

    Article 15  If any owner or user of a special sign has committed any of
the following acts, the administrative department for industry and commerce
of the people’s government at or above the county level of the place where
the owner or user is located or where the act has taken place shall order a
correction and may impose a fine up to 50,000 yuan; if the circumstances are
serious, the administrative department for industry and commerce of the
people’s government at or above the county level shall order the user to stop
the use of the special sign, and the administrative department for industry
and commerce under the State Council shall cancel the owner’s registration of
the special sign:

    (1) alter the words or designs of the special sign without authorization;

    (2) license other persons to use the special sign without conclusion of
a licensing contract, or users fail to submit the contract, within the time
period prescribed, to the administrative department for industry and commerce
under the State Council for filing or to the administrative department for
industry and commerce of the local people’s government at or above the county
level for reference; or

    (3) use the special sign for commodities or services other than those
registered with the approval for the use.

    Article 16  In case of any of the following acts, the administrative
department for industry and commerce of the people’s government at or above
the county level shall order the infringer to stop immediately the act of
infringement, confiscate the commodities involved in the infringement as well
as the illegal earnings and impose a fine not exceeding five times the
illegal earnings, or not exceeding 10,000 yuan when there is no illegal
earnings:

    (1) use, without authorization, words or designs or combinations thereof
identical with or similar to any special signs owned by other persons;

    (2) produce or sell special signs or use them in commercial activities
without licensed by the owner; or

    (3) other acts which cause economic loss to the owners of special signs.

    Article 17  Owners and users of special signs may, on discovery of
infringement upon the ownership of or the right to use the special signs,
lodge a complaint with the administrative department for industry and
commerce of the people’s government at or above the county level of the place
where the infringer is located or where the act of infringement has taken
place, or directly file a lawsuit with the people’s court.

    The administrative department for industry and commerce which accepts
the complaint of special sign infringement shall, at the request of the owner
of the special sign, conduct mediation with respect to civil compensation for
the infringement; the owner of the special sign may file a lawsuit with the
people’s court upon failure of the mediation.

    Article 18  The administrative department for industry and commerce which
accepts the case of special sign infringement may, in the investigation and
evidence-gathering, exercise the following powers, and the persons concerned
must provide assistance:

    (1) question the parties concerned;

    (2) inspect the articles related to the infringement activities;

    (3) investigate the acts related to the infringement activities; and

    (4) consult or make copies of contracts, accounting books or other
business records.
Chapter IV  Supplementary Provisions

    Article 19  The schedule of fees for application, announcement and
registration of special signs shall be formulated by the departments of
finance and price control under the State Council in conjunction with the
administrative department for industry and commerce under the State Council.

    Article 20  The forms of the documents of application for registration of
special signs shall be formulated by the administrative department for
industry and commerce under the State Council.

    Article 21  Reference shall be made to the provisions of these
Regulations in the implementation of protection of such signs as the post_titles,
emblems and mascots used by organizations which are permitted by the State
Council to represent China in international cultural, physical cultural and
scientific research activities.

    Article 22  These Regulations shall enter into force as of the date of
promulgation.





MEASURES FOR THE ADMINISTRATION OF NATIONAL KEY CONSTRUCTION PROJECTS

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


Measures for the Administration of National Key Construction Projects



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

State Planning Commission on June 14, 1996)

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

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

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

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

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

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

    (5) other key construction items.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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





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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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