PROCEDURES FOR THE REGISTRATION, EXAMINATION AND APPROVAL OF JOINT VENTURES USING CHINESE AND FOREIGN INVESTMENT
THE ECONOMIC CONTRACT LAW OF THE PEOPLE’S REPUBLIC OF CHINA
TRADEMARK LAW
| Category | INTELLECTUAL PROPERTY RIGHT | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | With An Amendment Existing |
| Date of Promulgation | 1982-08-23 | Effective Date | 1983-03-01 |
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Trademark Law of the People’s Republic of China |
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Contents
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter III Examination and Approval of Trademark Registration
Chapter IV Renewal, Assignment and Licensing of Registered Trademarks
Chapter V Determination of Disputes Concerning Registered Trademarks
Chapter VI Administrative Control of the Use of Trademarks
Chapter VIII Supplementary Provisions
(Adopted at the 24th Meeting of the Standing Committee of the Fifth
National People’s Congress and promulgated by Order No. 10 of the Standing
Committee of the National People’s Congress on August 23, 1982, and
effective as of March 1, 1983) (Editor’s Note: For the revised text, see
Decision of the Standing Committee of the National People’s Congress on
Revision the Trademark Law of the People’s Republic of China promulgated
on February 22, 1993)
Contents
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter III Examination and Approval of Trademark Registration
Chapter IV Renewal, Assignment and Licensing of Registered Trademarks
Chapter V Determination of Disputes Concerning Registered Trademarks
Chapter VI Administrative Control of the Use of Trademarks
Chapter VII Protection of the Right to Exclusive Use of a Registered
Trademark
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of improving the
administration of trademarks, protecting the right to exclusive use of
trademarks and encouraging producers to guarantee the quality of their goods
and maintain the reputation of their trademarks, so as to protect the
interests of consumers and promote the development of the socialist commodity
economy.
Article 2 The Trademark Office of the administrative department for
industry and commerce under the State Council shall be in charge of the work
of trademark registration and administration throughout the country.
Article 3 Registered trademarks are those that have been approved and
registered by the Trademark Office. Trademark registrants shall enjoy the
right to exclusive use of their trademarks and shall be protected by law.
Article 4 Any enterprise, institution or self-employed industrialist or
businessman that needs to acquire the right to exclusive use of a trademark
for the goods it produces, manufactures, processes, selects or markets shall
file an application for registration with the Trademark Office.
Article 5 With respect to goods that the state has designated as
requiring the use of a registered trademark, an application for trademark
registration must be filed; the goods may not be sold on the market before
registration is granted.
Article 6 The user of a trademark shall be responsible for the quality
of the goods on which the trademark is used. The administrative departments
for industry and commerce at all levels shall, by means of trademark
administration, exercise supervision over the quality of goods and stop any
practices that deceive consumers.
Article 7 Any word or design, or combination thereof, used as a
trademark, shall have distinctive characteristics so as to facilitate
identification. Wherever a registered trademark is used, it shall bear the
words “Registered trademark” or a sign indicating that it is registered.
Article 8 The following words or designs may not be used in trademarks:
(1) those identical with or similar to the national name, national flag,
national emblem, military flag or medals of the People’s Republic of China;
(2) those identical with or similar to the national name, national flag,
national emblem or military flag of any foreign country;
(3) those identical with or similar to the flag, emblem or name of any
intergovernmental international organization;
(4) those identical with or similar to the symbol or name of the Red
Cross or the Red Crescent;
(5) the generic name or design of the goods concerned;
(6) those directly indicating the quality, main raw materials, function,
use, weight, quantity or other characteristics of the goods concerned;
(7) those having the nature of discrimination against any nationality;
(8) those constituting exaggerated and deceitful advertising; and
(9) those detrimental to socialist morality or customs, or having other
harmful influences.
Article 9 Where a foreigner or foreign enterprise applies for trademark
registration in China, the matter shall be handled in accordance with any
agreement concluded between the country to which the applicant belongs and
the People’s Republic of China, or any international treaty to which both
countries are parties, or on the basis of the principle of reciprocity.
Article 10 Where a foreigner or foreign enterprise applies for trademark
registration or deals with other trademark matters in China, it shall
entrust an organization designated by the Chinese Government to act on its
behalf.
Chapter II Application for Trademark Registration
Article 11 An applicant for trademark registration shall report, in
accordance with the prescribed classification of goods, the class of the goods
and the designation of the goods on which the trademark is to be used.
Article 12 If an applicant intends to use the same trademark on goods
in different classes, it shall submit separate applications for registration
in accordance with the classification of goods.
Article 13 If a registered trademark needs to be used on other goods of
the same class, a new application for registration shall be filed.
Article 14 If any word or design of a registered trademark needs to be
changed, a new application for registration shall be filed.
Article 15 If a change needs to be made in the name, address or any other
registered matter concerning the registrant of a registered trademark, an
application to make the change shall be filed.
Chapter III Examination and Approval of Trademark Registration
Article 16 When an application has been made to register a trademark that
is in conformity with the relevant provisions of this Law, the Trademark Office
shall make a preliminary examination and approval of that trademark and shall
publicly announce it.
Article 17 If an application has been made to register a trademark that
is not in conformity with the relevant provisions of this Law or that is
identical with or similar to another person’s trademark which has already been
registered or given preliminary examination and approval for use on the same
kind of goods or similar goods, the Trademark Office shall reject the current
application and shall not publicly, announce that trademark.
Article 18 If two or more applicants apply for registration of identical
or similar trademarks for the same kind of goods or similar goods, the
trademark whose registration was first applied for shall be given preliminary
examination and approval and shall be publicly announced; if the applications
are filed on the same day, the trademark which was first used shall be given
preliminary examination and approval and shall be publicly announced, and the
applications of the others shall be rejected and shall not be publicly
announced.
Article 19 Any person may file on opposition to a trademark which has
been given preliminary examination and approval, within three months from the
day it was publicly announced. If no opposition is filed, or if it is
determined that the opposition is not justified, registration shall be
granted, a trademark registration certificate shall be issued and the
trademark shall be publicly announced. If it is determined that the opposition
is justified, no registration shall be granted.
Article 20 The administrative department for industry and commerce under
the State Council shall establish a Trademark Review and Adjudication Board to
be responsible for handling trademark disputes.
Article 21 When an application for trademark registration has been
rejected and the trademark is not to be publicly announced, the Trademark
Office shall notify the applicant in writing. If the applicant does not agree
with the rejection, it may apply for a reexamination within 15 days after
receiving the notification, and the Trademark Review and Adjudication Board
shall make a final decision and notify the applicant in writing.
Article 22 If an opposition is filed against a trademark which has been
given preliminary examination and approval and has been publicly announced,
the Trademark Office shall hear the opponent’s and the applicant’s statements
of the facts and reasons and shall, after investigation and verification,
make a decision. If a party disagrees with the decision, it may apply for a
reexamination within 15 days after receiving notification of the decision,
and the Trademark Review and Adjudication Board shall make a final decision
and notify the opponent and the applicant in writing.
Chapter IV Renewal, Assignment and Licensing of Registered Trademarks
Article 23 The period of validity of a registered trademark shall be ten
years, counted from the day the registration is approved.
Article 24 If a registrant needs to continue to use the registered
trademark after the period of validity expires, an application for renewal of
registration shall be made within six months before the expiration. If the
registrant fails to make such an application within that period, an extension
period of six months may be granted. If no application has been filed before
the extension period expires, the registered trademark shall be cancelled.
The period of validity for each renewal of registration shall be ten
years. After a renewal of registration has been approved, it shall be publicly
announced.
Article 25 When a registered trademark is to be assigned, the assignor
and the assignee shall jointly file an application with the Trademark Office.
The assignee shall guarantee the quality of the goods on which the registered
trademark is to be used.
After the assignment of a registered trademark has been approved, it
shall be publicly announced.
Article 26 A trademark registrant may, by concluding a trademark
licensing contract, authorize another person to use its registered trademark.
The licensor shall supervise the quality of the goods on which the licensee
uses the licensor’s registered trademark, and the licensee shall guarantee the
quality of the goods on which the registered trademark is to be used.
The trademark licensing contract shall be submitted to the Trademark office
for the record.
Chapter V Determination of Disputes Concerning Registered Trademarks
Article 27 If there is a dispute over a registered trademark, the
disputant may apply to the Trademark Review and Adjudication Board for a
ruling within one year from the day, the trademark registration was approved.
After the Trademark Review and Adjudication Board has received an
application for a ruling, it shall notify the parties concerned and request
them to reply within a specified period.
Article 28 If an opposition was filed and a ruling already made prior to
the approval of the registration of a trademark, the same facts and reasons
may not be used in an another application for a ruling.
Article 29 After the Trademark Review and Adjudication Board has made the
final ruling upholding or revoking a registered trademark in dispute, it shall
notify the parties concerned in writing.
Chapter VI Administrative Control of the Use of Trademarks
Article 30 In the event of any of the following acts concerning the use
of a registered trademark, the Trademark Office shall order rectification of
the situation within a specified period or shall revoke the registered
trademark:
(1) if any word or design, or combination thereof, of the registered
trademark is altered without authorization;
(2) if the registrant’s name, address or any other registered matters
concerning the registered trademark is changed without authorization;
(3) if the registered trademark is assigned without authorization; and
(4) if the registered trademark has not been used for three consecutive
years.
Article 31 If a registered trademark is used on crudely manufactured
goods that are passed off as being of high quality, thus deceiving consumers,
the administered administrative departments for industry and commerce at
various levels shall, according to the circumstances, order rectification of
the situation within a specified period and may, in addition, circulate a
notice on the matter or impose a fine, or the Trademark Office may revoke
the registered trademark.
Article 32 If a registered trademark is revoked or is not renewed after
its period of validity expires, the Trademark Office shall not approve any
application for the registration of a trademark identical with or similar to
the said trademark within one year from the day of the revocation or
cancellation.
Article 33 In the event of a violation of the provisions of Article 5 of
this Law, the local administrative department for industry and commerce shall
order the violator to file an application for registration within a specified
period and may, in addition, impose a fine.
Article 34 In the event of any of the following acts concerning the use
of an unregistered trademark, the local administrative department for industry
and commerce shall stop the use of the trademark, order rectification of the
situation within a specified period and may, in addition, circulate a notice
on the matter or impose a fine:
(1) if the trademark is falsely represented as being a registered one;
(2) if the trademark violates the provisions of Article 8 of this Law; or
(3) if the trademark is used on crudely manufactured goods that are passed
off as being of high quality, thus deceiving consumers.
Article 35 If a party disagrees with the decision of the Trademark Office
to revoke a registered trademark, it may apply for a reexamination within 15
days after receiving notification of the revocation, and the Trademark Review
and Adjudication Board shall make a final decision and notify the applicant
in writing.
Article 36 If a party disagrees with the decision of the administrative
department for industry and commerce to impose a fine under the provisions of
Article 31,33 or 34 of this Law, it may bring a suit in a people’s court
within 15 days after receiving the notification of the decision. If, at the
expiration of such a period, the party has neither brought a suit nor complied
with the decision, the relevant administrative department for industry and
commerce shall apply to the people’s court for compulsory enforcement of its
decision.
Chapter VII Protection of the Right to Exclusive Use of a Registered
Trademark
Article 37 The right to exclusive use of a registered trademark shall be
limited to trademarks which have been approved for registration and to goods
on which the use of a trademark has been approved.
Article 38 Any of the following acts shall be an infringement of the
right to exclusive use of a registered trademark:
(1) using a trademark which is identical with or similar to the registered
trademark on the same kind of goods or similar goods without a licence from
the owner of that registered trademark;
(2) manufacturing or selling, without authorization, representations of
the registered trademark of another person; or
(3) harming, in other ways, another person’s right to exclusive use of a
registered trademark.
Article 39 In the event of any of the acts listed in Article 38 of this
Law, infringing the right to exclusive use of a registered trademark, the
party whose right has been infringing may request the administrative
department for industry and commerce at or above the county level in the place
where the infringer is located to handle the matter. The relevant
administrative department for industry and commerce shall have the right to
order the infringer to stop the infringing act immediately and to compensate
the party whose right has been infringed for its losses; the amount of
compensation shall be the profits which the infringer has obtained as a result
of the infringement during the period of the infringement or the losses
incurred by the party whose right has been infringed as a result of the
infringement during the period of the infringement. If the circumstances
are serious, a fine may be concurrently imposed. If a party disagrees with
the order, it may bring a suit in a people’s court within 15 days after
receiving notification of the order. If, at the expiration of such a period,
the party has neither brought a lawsuit nor complied with the decision, the
relevant administrative department for industry and commerce shall request
the people’s court for compulsory enforcement of its decision. In the event of
an infringement of the right to exclusive use of a registered trademark, the
party whose right has been infringed may also directly bring a suit in a
people’s court.
Article 40 Any person who falsely uses the registered trademark of
another person, including the unauthorized manufacture or sale of
representations of another person’s registered trademark, shall be ordered to
make compensation for the losses suffered by the party whose right has been
infringed and may be concurrently punished by a fine. Moreover, the criminal
responsibility of the person directly responsible shall be investigated by
the judicial organs in accordance with the law.
Chapter VIII Supplementary Provisions
Article 41 Applicants for trademark registration and the handling of
other trademark matters shall pay a fee, the specific standards of which shall
be prescribed separately.
Article 42 Rules for the implementation of this Law shall be formulated
by the administrative department for industry and commerce under the State
Council, and shall be implemented after they have been submitted to and
approved by the State Council.
Article 43 This Law shall go into effect as of March 1, 1983. On that
same day, the Regulations on Trademark Administration promulgated by the State
Council on April 10, 1963 shall simultaneously be repealed, and any other
provisions concerning trademark administration that conflict with this Law
shall be invalidated.
Trademarks registered before this Law goes into effect shall continue to
be valid.
DETAILED RULES FOR THE IMPLEMENTATION OF CUSTOMS SUPERVISION AND CONTROL AND TAXATION ON IMPORT AND EXPORT GOODS BY ENTERPRISES DOING PROCESSING, ASSEMBLING AND SMALL AND MEDIUM-SCALED COMPENSATION TRADE
REGULATIONS ON CONTRACTS OF PROPERTY INSURANCE
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(Effective Date 1983.09.01)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II CONCLUSION, ALTERATION AND ASSIGNMENT OF CONTRACT OF INSURANCE
CHAPTER III OBLIGATIONS OF THE INSURED
CHAPTER IV THE LIABILITY OF THE INSURER FOR COMPENSATION
CHAPTER V SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS ARticle 1. The Regulations of the People’s Republic of China on Contracts of Property Insurance are drawn up in accordance with Article 2. The property insurance referred to in the present Regulations includes various kinds of insurance on either The event mentioned in the present Regulations refers to and event coming within the scope of cover under the contract of insurance. Article 3. An applicant for cover of property insurance (called the Insured in the policy or the certificate of insurance) shall Article 4. The parties to the contract of insurance applying to the organ for control of contracts for reconciliation or CHAPTER II CONCLUSION, ALTERATION AND ASSIGNMENT OF CONTRACT OF INSURANCE Article 5. A contract of insurance shall be deemed to be concluded when the applicant puts forward his proposal for insurance Article 6. An applicant may conclude an open cover with the Insurer, and the Insurer shall, in witness thereof issue an open policy The open cover shall stipulate the scope of cover, the range of property insured, the maximum amount of insurance each During the currency of the open cover, the insured shall declare to the Insurer in writing, in good time each Article 7. At the time a contract of insurance is concluded, the Insurer shall advise the Insured of all matters related Should, after the conclusion of the contract of insurance, there be any non-disclosure, concealment or misrepresentation Article 8. The Insurer shall not be liable for any loss of or damage to the insured property in consequence of an insured event Article 9. The contents of a contract of insurance may be altered by agreement between the Insured and the Insurer during the currency Article 10. Once a contract of insurance is concluded, the Insurer shall not terminate it during its currency. In case the When the contract is terminated at the request of the Insured, the Insurer shall be enpost_titled to charge the premium calculated In no case can the insured ask for termination of cargo transportation insurance and insurance on conveyances Article 11. With the exception of the cargo transportation policy or certificate of insurance which may be transferred by the
CHAPTER III OBLIGATIONS OF THE INSURED Article 12. The Insured shall pay the insurance premium within the specified time. If he fails to do so, the Insurer may, Article 13. The Insured shall safeguard the safety of workers and the insured property by observing the relevant rules and regulations The Insurer shall be enpost_titled to make inspections as to the security condition of the insured property, and shall, Article 14. In case of any change in the use of the insured property or increase in the risk exposure, the INsured shall immediately ARticle 15. Upon the incidence of an insured event, the Insured shall take all necessary measures to prevent aggravation of the loss
CHAPTER IV THE LIABILITY OF THE INSURANCE OR COMPENSATION Article 16. The Insurer shall, in accordance with the stipulations of the contract of insurance perform the obligation of compensating Unless otherwise agreed, the liability of the Insurer for compensation is for loss or damage actually suffered In compensating for loss of or damage to the insured property, the Insurer shall deduct from the amount of compensation Article 17. The Insurer will according to the stipulations of the contract of insurance be liable for reasonable costs necessarily Article 18. The Insured shall when lodging a claim submit to the Insurer a statement of claim and statements for salvage charges, Article 19. If the insured property sustains a loss within the scope of cover for which a third party shall be held liable, the Insured
CHAPTER V SUPPLEMENTARY PROVISIONS Article 20. The Present Regulations shall apply to contracts of insurance concluded between the Insurer and individuals. Article 21. The Present Regulations shall apply to contract of insurance on property involving foreign elements. Article 22. Unless otherwise stipulated by The Law, the present Regulations shall apply to contracts of marine insurance. Article 23. The present Regulations comes into force on the day of promulgation.
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REGULATIONS ON THE ADMINISTRATION OF ENVIRONMENTAL PROTECTION IN THE EXPLORATION AND DEVELOPMENT OF OFFSHORE PETROLEUM
| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1983-12-29 | Effective Date | 1983-12-29 |
|
Regulations of the People’s Republic of China on the Administration of Environmental Protection in the Exploration and Development |
|---|
(Promulgated by the State Council on December 29, 1983)
Article 1 These Regulations are formulated in order to implement the
Marine Environmental Protection Law of the People’s Republic of China and
prevent pollution damage to marine environment resulting from offshore
petroleum exploration and development.
Article 2 These Regulations are applicable to enterprises, institutions,
operators and individuals engaged in the exploration and development of
petroleum in the see areas under the jurisdiction of the People’s Republic of
China, and the stationary and mobile platforms and other relevant facilities
they use.
Article 3 The departments in charge of environmental protection in
exploration and development of offshore petroleum are the State Oceanographic
Bureau of the People’s Republic of China and its agencies, hereinafter
referred to as the “competent departments”.
Article 4 Enterprises or operators, while compiling the overall programs
for developing oil (gas) fields, must compile a marine environmental impact
report and submit it to the Ministry of Urban and Rural Construction and
Environmental Protection of the People’s Republic of China. The Ministry of
Urban and Rural Construction and Environmental Protection, in conjunction with
the State Oceanographic Bureau and the Ministry of Petroleum Industry, is to
organize examination and approval in accordance with the stipulations
governing the administration of environmental protection over the projects of
state capital construction.
Article 5 The marine environmental impact report shall include the
following:
(1) the name, geographical position and size of the oil field;
(2) the natural environment and the conditions of marine resources of the
sea areas where the oil field is located;
(3) the types, composition, amount and the means of disposal of the waste
materials to be discharged in developing the oil field;
(4) an assessment of the impact on the marine environment; the possible
impact from development of offshore petroleum on the natural environment and
marine resources of the surrounding sea areas; the possible impact on the sea
fishery, shipping and other sea activities; measures for environmental
protection to be adopted to avoid and reduce various types of harmful impact;
(5) the impact that can not be avoided in the final outcome and the
graveness and causes of the impact;
(6) measures for preventing major oil pollution accidents; the
organization of prevention, provision of personnel, technical equipment and
communications and liaison.
Article 6 Enterprises, institutions and operators shall have the
capacity of dealing with emergencies with regard to the prevention and control
of oil pollution accidents, formulate emergency plans, have oil recovery
facilities and equipment for containing oil and eliminating oil commensurate
with the scale of exploration and development of offshore petroleum in which
they are engaged.
If oil-eliminating chemical agents are to be used, their brand names and
composition shall be reported to the competent departments for verification
and approval.
Article 7 The requirements for the pollution-prevention equipment of the
stationary and mobile platforms are:
(1) oil and water separation equipment shall be fitted;
(2) the oil extraction platforms shall be fitted with the equipment for
treating oil-polluted water; the oil content of the polluted water, after
treatment by this equipment, shall reach the discharge standards set by the
State;
(3) devices for monitoring and control of oil discharge shall be fitted;
(4) facilities for retrieving residual oil and waste oil shall be fitted;
(5) equipment for garbage pulverization shall be fitted;
(6) the above equipment shall go through the examination by the shipping
inspection agencies of the People’s Republic of China and must satisfy the
standards before efficacy certiticates are issued.
Article 8 The stationary and mobile platforms that already started
petroleum exploration and development in the sea areas under the jurisdiction
of the People’s Republic of China before March 1, 1983, if their
pollution-prevention equipment do not meet the stipulated requirements, shall
adopt effective measures to prevent pollution, and their pollution-prevention
facilities are to satisfy the stipulated requirements within three years of
the promulgation of these Regulations.
Article 9 The enterprises, institutions and operators shall possess civil
liability insurance or other financial guarantees to cover pollution damage.
Article 10 The stationary and mobile platforms shall be fitted with
anti-pollution record books in the format approved by the competent
departments.
Article 11 The oil-polluted water of stationary and mobile platforms may
not be directly discharged or after dilution. The oil content of the
oil-polluted water discharged after treatment must meet the State’s relevant
standards of discharging oil-polluted water.
Article 12 Requirements of control for other waste materials:
(1) residual oil, waste oil, oil-based mud, garbage containing oil and
other toxic residual liquid and dregs must be recovered, and may not be
discharged or cast off into the sea;
(2) the dumping of industrial garbage in large quantities is to be managed
in accordance with the stipulations of marine dumping of waste materials;
fragmentary industrial garbage may not be discarded into the fishery waters
and sea-lanes;
(3) domestic garbage that need to be discharged within 12 nautical miles
from the nearest land shall undergo pulverization treatment with the granules
less than 25 millimetres in diameter.
Article 13 Where exploration and development of offshore petroleum
require explosive demolitions by using explosives or other operations that are
harmful to fishery resources in the important fishery waters, effective
measures shall be adopted to avoid the spawning, breeding and fishing seasons
of the major fishes and shrimps of economic value; a report is to be made to
the competent departments before the operations and there shall be
clear signs and signals when the operations are under way.
The competent departments, on receiving the report, shall notify the
relevant units of the place and time of the operations in good time.
Article 14 Marine oil storage facilities and pipelines for the conveyance
of oil shall conform to anti-seepage, anti-leakage and anti-rotting
requirements, and shall constantly be checked and maintained in good
condition, so as to prevent oil leakage.
Article 15 In testing oil on the sea, oil and gas shall be fully burned
out in the combustion devices. With regard to the oils and oil-based mixtures
falling into the sea in the course of testing oil, effective measures shall be
adopted to treat them, and accurate records are to be kept.
Article 16 Enterprises, institutions and operators shall, immediately
upon detection of the occurrence of pollution accidents such as oil overflow
and oil leakage in operation, adopt measures for containing oil and oil
recovery to control, reduce and remove the pollution.
In case of occurrence of major pollution accidents such as oil overflow,
oil leakage and well blowout in large quantities, report shall immediately be
made to the competent departments, and effective measures are to be adopted to
control and remove the pollution, and the matter shall be subject to
investigation and handling by the competent departments.
Article 17 The use of oil-eliminating chemical agents shall be
controlled:
(1) When oil pollution accidents occur, measures for recovery shall be
adopted; with regard to the small amount of oil that is actually beyond
recovery, it is permitted to use a small amount of oil-eliminating chemical
agents.
(2) With regard to the amount of irretrievable oil-eliminating chemical
agents (including the solvent) to be used, separate specific stipulations
shall be worked out by the competent departments according to different
conditions in different sea areas. The operators shall report to the competent
departments according to stipulations, and may only use these chemical agents
after approval has been obtained.
(3) In emergencies where oil floating on the surface of the sea may cause
fire or may gravely endanger human lives and property, and the matter is
unable to be handled with the method of recovery, but, by using
oil-eliminating chemical agents, pollution can be reduced and the consequences
of the accidents be contained, the amount of oil-eliminating chemical agents
used and the reporting procedures may go beyond the restrictions as stipulated
in paragraph (2) of this Article. However, a detailed report on the
circumstances of the accident and the circumstances of using oil-eliminating
agents shall be made to the competent departments afterwards.
(4) Only those oil-eliminating chemical agents which have been verified
and approved by the competent departments may be used.
Article 18 The operators shall make detailed and accurate entries of the
following circumstances in the anti-pollution record books of the platform:
(l) the operation of the anti-pollution equipment and facilities;
(2) the treatment and discharge of the oil-polluted water;
(3) the treatment, discharge and disposal of other waste materials;
(4) the occurrence of oil-pollution accidents such as oil spill, oil
leakage and well blowout and the handling;
(5) the details about the demolition operations;
(6) details about the use of oil-eliminating chemical agents;
(7) other items stipulated by the competent departments.
Article 19 The enterprises and operators shall, within 15 days from the
end of each quarter of the year, make a comprehensive report in the format
approved by the competent departments on anti-pollution and the circumstances
of pollution accidents of that quarter.
The competent departments shall be informed in good time of the positions
of the stationery and mobile platforms.
Article 20 Government functionaries of the competent departments or the
personnel designated by them may board the stationery and mobile
platforms and other relevant facilities to conduct monitoring and
investigation, including:
(1) collecting various kinds of samples;
(2) inspecting the fitting out, operating and using of various
anti-pollution equipment, facilities and materials;
(3) inspecting relevant documents and certification papers;
(4) checking up on the anti-pollution record books and the relevant
operation records, making copies and extracts when necessary, and demanding
that the responsible persons of the platform sign their names in confirmation
of the copies and extracts in question as correct duplicates;
(5) gathering information about pollution accidents among the persons
concerned;
(6) other related matters.
Article 21 The ships that conduct official business of the competent
departments shall have clear signs. Government functionaries or the designated
personnel, in carrying out official affairs, must wear official uniforms and
carry identity papers.
Those who are investigated shall provide facility for the aforesaid ships,
government functionaries and the designated personnel, and provide accurate
information and statements about the accidents.
Article 22 Units and individuals that have suffered pollution damage
caused by exploration and development of offshore petroleum and are to claim
compensation shall, in accordance with the stipulation of Article 32 of the
Environmental Protection Law of the People’s Republic of China and the
stipulation of Article 42 of the Marine Environmental Protection Law of the
People’s Republic of China, apply for handling to the competent departments
and claim compensation for the losses from the party that is responsible for
the pollution damage. The claimant shall submit a report on claiming
compensation for damage sustained; this report shall include the following:
(1) the time, place, scope and the objects of the pollution damage caused
by the exploration and development of offshore petroleum;
(2) a detailed list of the losses caused by pollution damage, including
the names of objects, quantity, unit price, method of calculating, and such
matters as the breeding or natural conditions;
(3) an appraisal by the relevant scientific research department or
endorsement by a notary office in confirmation of the damage actually
sustained;
(4) the original documents of evidence of the pollution damage, the
photographs of the related circumstances and other documents and materials of
testimony relevant to the claim for compensation shall be provided as complete
as possible.
Article 23 Units and individuals (those having commercial contracts
excluded) that demand reimbursement of the expenses for removing pollutants
stemming from the exploration and development of offshore petroleum shall, in
applying to the competent departments for attention to the case, submit a
report of claiming reimbursement of the expenses for removal to the competent
departments. This report shall include the following:
(1) the time, place and objects of the elimination of pollutants;
(2) the manpower, machines and tools and vessels employed, and the
quantities, the unit price and the method of calculating of the materials used
in effecting the removal;
(3) the administrative expenses, transport cost, and othe relevant
expenses in organizing the removal effort;
(4) the results of and the situation after the removal;
(5) other relevant evidence and certification papers.
Article 24 Where devastating pollution accidents have occurred due to
force majeur, the enterprises, institutions and operators wishing to free
themselves from the indemnity liabilities thereof shall submit to the
competent departments a report which must be able to testify that the damage
resulting from the pollution accident falls under one of the circumstances
described in Article 43 of the Marine Environmental Protection Law of the
People’s Republic of China, and that the accident remained unavoidable despite
rational measures promptly taken.
Article 25 In handling cases of disputes concerning liability for
compensation and the amount of compensation for the pollution damage in the
exploration and development of offshore petroleum, the competent departments
shall, on the basis of investigation and finding out the facts, resort to
mediation.
If a party does not want mediation or does not agree to handling of the
matter through mediation by the competent departments, the matter may be
handled in accordance with the stipulation of Article 42 of the Marine
Environmental Protection Law of the People’s Republic of China.
Article 26 Where enterprises, institutions and operators violate the
Marine Environmental Protection Law of the People’s Republic of China and
these Regulations, the competent departments may order that they take remedial
measures to rectify the situation within a given period of time, pay the
removal costs, and compensate the State for the damage; in cases of discharge
of pollutants in excess of the standard, the payment of a pollutant discharge
fee may be demanded.
Article 27 In cases where enterprises, institutions, operators and
individuals violate the Marine Environmental Protection Law of the People’s
Republic of China and these Regulations, the competent departments may punish
the violators by giving warnings or imposing fines according to the
seriousness of the case.
Fines fall into the following categories:
(1) The maximum amount of a fine imposed on an enterprise, institution or
operator that has caused marine environmental pollution is 100,000 RMB yuan.
(2) The maximum amount of a fine imposed on an enterprise, institution and
operator that has contravened the relevant rules and regulations in the
following ways is 5,000 RMB yuan:
a. not reporting a major oil-pollution accident to the competent
departments according to stipulations;
b. using oil-eliminating chemical agents not according to stipulations.
(3) The maximum amount of a fine imposed on an enterprise, institution or
operator that has contravened the relevant rules and regulations in the
following ways is 1,000 RMB yuan:
a. not having the anti-pollution record book equipped according to
stipulations;
b. the entries in the anti-pollution record book are irregular or false;
c. not reporting to or informing the competent departments of their real
situation according to stipulations;
d. obstructing the government functionaries or the designated personnel
from performing their official duties.
(4) With regard to the directly responsible persons, fines may be imposed
according to the seriousness of the case.
Article 28 If a party does not agree to the penalty by the competent
departments, the matter shall be handled in accordance with the stipulations
of Article 41 of the Marine Environmental Law of the People’s Republic of
China.
Article 29 The competent departments shall grant commendations and
rewards to the units and individuals that on their own initiative report and
expose enterprises, institutions and operators that have concealed pollution
accidents in the exploration and development of offshore petroleum, or provide
evidence, or adopt measures to reduce the damage arising therefrom.
Article 30 The meanings of the following terms in these Regulations are:
(1) “Stationary and mobile platforms” refers to the well drilling ships,
well drilling platforms and oil extraction platforms referred to in the
Marine Environmental Protection Law of the People’s Republic of China, and
includes other platforms.
(2) “Exploration and development of offshore petroleum” refers to such
operational activities as exploration, development, production, storage and
pipeline conveyance.
(3) “Operators” refers to the entities that perform the operations of
exploration and development of offshore petroleum.
Article 31 These Regulations shall go into effect as of the date of
promulgation.
REGULATIONS OF THE CUSTOMS GENERAL ADMINISTRATION, THE MINISTRY OF FINANCE AND THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE CONCERNING SUPERVISION AND CONTROL OVER, AND LEVYING AND EXEMPTION OF DUTIES ON IMPORTS AND EXPORTS OF CHINESE-FOREIGN
INCOME TAX AND CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX FOR 14 COASTAL PORT CITIES, AS WELL AS THE FOUR SPECIAL ECONOMIC ZONES AND HAINAN ISLAND
CIRCULAR OF THE STATE COUNCIL ON STARTING LEVY OF IMPORT REGULATORY TAXES ON CERTAIN
ORGANIC LAW OF THE VILLAGERS COMMITTEE (FOR TRIAL IMPLEMENTATION)
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(Effective Date:1988.06.01–Ineffective Date:)
Article 1. This Law is formulated in accordance with the relevant provisions of the Constitution of the People’s Republic of China with a view Article 2. The villagers committee shall be the primary mass organization of self-government, in which the villagers manage their own affairs, Article 3. The people’s government of a township, a nationality township or a town shall give guidance, support and help to the villagers committees Article 4. The villagers committee shall support and organize the villagers in co-operative economic undertakings in various forms, such as The villagers committee shall respect the decision-making power of collective economic organizations in conducting their economic The villagers committee shall, in accordance with the law, administer affairs concerning the land and other property owned collectively Article 5. The villagers committee shall publicize the Constitution and the laws, regulations and state policies among the villagers; persuade Article 6. In villages where people from more than one nationality live, the villagers committees shall persuade the villagers to enhance the Article 7. Villagers committees shall be established on the basis of the distribution of the villagers and the sizes of the population and on Villagers committees shall generally be established in natural villages; several natural villages may jointly establish a villagers The establishment or dissolution of a villagers committee or a readjustment in the area governed by it shall be proposed by the people
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CONSTITUTION ACT, 1982 – page 22
