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The Standing Committee of the National People’s Congress
Criminal Procedure Law of the People’s Republic of China
March 17, 1996
(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, Revised in according with the Decision on
Revising the Criminal Procedure Law of the People’s Republic of China adopted at the Forth Session of the Eighth National People’s
Congress on March 17, 1996)
ContentsPart One General Provisions
Chapter I Aim and Basic Principles
Chapter II Jurisdiction
Chapter III Withdrawal
Chapter IV Defence and Representation
Chapter V Evidence
Chapter VI Compulsory Measures
Chapter VII Incidental Civil Actions
Chapter VIII Time Periods and Service
Chapter IX Other Provisions
Part Two Filing a Case, Investigation, and Initiation of Public Prosecution
Chapter I Filing a Case
Chapter II Investigation
Section 1 General Provisions
Section 2 Interrogation of the Criminal Suspect
Section 3 Questioning of the Witnesses
Section 4 Inquest and Examination
Section 5 Search
Section 6 Seizure of Material Evidence and Documentary Evidence
Section 7 Expert Evaluation
Section 8 Wanted Orders
Section 9 Conclusion of Investigation
Section 10 Investigation of Cases Directly Accepted by the People’s Procuratorates
Chapter III Initiation of Public Prosecution
Part Three Trial
Chapter I Trial Organizations
Chapter II Procedure of First Instance
Section 1 Cases of Public Prosecution
Section 2 Cases of Private Prosecution
Section 3 Summary Procedure
Chapter III Procedure of Second Instance
Chapter IV Procedure for Review of Death Sentences
Chapter V Procedure for Trial Supervision
Part Four Execution
Supplementary Provisions
Part One General Provisions
Chapter I Aim and Basic Principles
Article 1
This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, punishing
crimes, protecting the people, safeguarding State and public security and maintaining socialist public order.
Article 2
The aim of the Criminal Procedure Law of the People’s Republic of China is: to ensure accurate and timely ascertainment of facts about
crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal
responsibility; to enhance the citizens’ awareness of the need to abide by law and to fight vigorously against criminal acts in order
to safeguard the socialist legal system, to protect the citizens’ personal rights; their property rights, democratic rights and other
rights; and to guarantee smooth progress of the cause of socialist development.
Article 3
The public security organs shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal
cases. The People’s Procuratorates shall be responsible for procuratorial work, authorizing approval of arrests, conducting investigation
and initiating public prosecution of cases directly accepted by the procuratorial organs. The People’s Courts shall be responsible
for adjudication. Except as otherwise provided by law, no other organs, organizations or individuals shall have the authority to
exercise such powers.
In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must strictly
observe this Law and any relevant stipulations of other laws.
Article 4
State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions
and powers as the public security organs.
Article 5
The People’s Courts shall exercise judicial power independently in accordance with law and the People’s Procuratorates shall exercise
procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organ, public
organization or individual.
Article 6
In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must rely on the
masses, base themselves on facts and take law as the criterion. The law applies equally to all citizens and no privilege whatsoever
is permissible before law.
Article 7
In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs shall divide responsibilities,
coordinate their efforts and check each other to ensure the correct and effective enforcement of law.
Article 8
The People’s Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings.
Article 9
Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The People’s
Courts, the People’s Procuratorates and the public security organs shall provide translations for any party to the court proceedings
who is not familiar with the spoken or written language commonly used in the locality.
Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area,
court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents
shall be issued in the written language commonly used in the locality.
Article 10
In trying cases, the People’s Courts shall apply the system whereby the second instance is final.
Article 11
Cases in the People’s Courts shall be heard in public, unless otherwise provided by this Law. A defendant shall have the right to
defence, and the People’s Courts shall have the duty to guarantee his defence.
Article 12
No person shall be found guilty without being judged as such by a People’s Court according to law.
Article 13
In trying cases, the People’s Courts shall apply the system of people’s assessors taking part in trials in accordance with this Law.
Article 14
The People’s Courts, the People’s Procuratorates and the public security organs shall safeguard the procedural rights to which participants
in proceedings are enpost_titled according to law.
In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the defendant may
be notified to be present at the time of interrogation and trial.
Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe
on their citizen’s procedural rights or subject their persons to indignities.
Article 15
In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken,
the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared:
(1)
if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime;
(2)
if the limitation period for criminal prosecution has expired;
(3)
if an exemption of criminal punishment has been granted in a special amnesty decree;
(4)
if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint
has been withdrawn;
(5)
if the criminal suspect or defendant is deceased; or
(6)
if other laws provide an exemption from investigation of criminal responsibility.
Article 16
Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.
If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those
cases shall be resolved through diplomatic channels.
Article 17
In accordance with the international treaties which the People’s Republic of China has concluded or acceded to or on the principle
of reciprocity, the judicial organs of China and that of other countries may request judicial assistance from each other in criminal
affairs.
Chapter II Jurisdiction
Article 18
Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law.
Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations
of a citizen’s personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal
search and crimes involving infringement of a citizen’s democratic rights — committed by State functionaries by taking advantage
of their functions and powers — shall be placed on file for investigation by the People’s Procuratorates. If cases involving other
grave crimes committed by State functionaries by taking advantage of their functions and powers need be handled directly by the People’s
Procuratorates, they may be placed on file for investigation by the People’s Procuratorates upon decision by the People’s Procuratorates
at or above the provincial level.
Cases of private prosecution shall be handled directly by the People’s Courts.
Article 19
The Primary People’s Courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases
which fall under the jurisdiction of the People’s Courts at higher levels as stipulated by this Law shall be exceptions.
Article 20
The Intermediate People’s Courts shall have jurisdiction as courts of first instance over the following criminal cases:
(1)
counterrevolutionary cases and cases endangering State security;
(2)
ordinary criminal cases punishable by life imprisonment or the death penalty; and
(3)
criminal cases in which the offenders are foreigners.
Article 21
The Higher People’s Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire
province (or autonomous region, or municipality directly under the Central Government).
Article 22
The Supreme People’s Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole
nation.
Article 23
When necessary, People’s Courts at higher levels may try criminal cases over which People’s Courts at lower levels have jurisdiction
as courts of first instance; If a People’s Court at a lower level considers the circumstances of a criminal case in the first instance
to be major or complex and to necessitate a trial by a People’s Court at a higher level, it may request that the case be transferred
to the People’s Court at the next higher level for trial.
Article 24
A criminal case shall be under the jurisdiction of the People’s Court in the place where the crime was committed. If it is more appropriate
for the case to be tried by the People’s Court in the place where the defendant resides, then that court may have jurisdiction over
the case.
Article 25
When two or more People’s Courts at the same level have jurisdiction over a case, it shall be tried by the People’s Court that first
accepted it. When necessary the case may be transferred for trial to the People’s Court in the principal place where the crime was
committed.
Article 26
A People’s Court at a higher level may instruct a People’s Court at a lower level to try a case over which jurisdiction is unclear
and may also instruct a People’s Court at a lower level to transfer the case to another People’s Court for trial.
Article 27
The jurisdiction over cases in special People’s Courts shall be stipulated separately.
Chapter III Withdrawal
Article 28
In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw,
and the parties to the case and their legal representatives shall have the right to demand his withdrawal:
(1)
if he is a party or a near relative of a party to the case;
(2)
if he or a near relative of his has an interest in the case;
(3)
if he has served as a witness, expert witness, defender or agent ad litem in the current case; or
(4)
if he has any other relations with a party to the case that could affect the impartial handling of the case.
Article 29
Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons
entrusted by the parties and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the
parties.
Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility.
The parties to the case and their legal representatives shall have the right to request him to withdraw.
Article 30
The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of the court, the chief procurator,
and the head of a public security organ; the withdrawal of the president of the court shall be determined by the court’s judicial
committee; and the withdrawal of the chief procurator or the head of a public security organ shall be determined by the procuratorial
committee of the People’s Procuratorate at the corresponding level.
An investigator may not suspend investigation of a case before a decision is made on his withdrawal.
If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration
once.
Article 31
The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses.
Chapter IV Defence and Representation
Article 32
In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or two persons as his defenders.
The following persons may be entrusted as defenders:
(1)
lawyers;
(2)
persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and
(3)
guardians or relatives and friends of the criminal suspect or the defendant.
Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve
as defenders.
Article 33
A criminal suspect in a case of public prosecution shall have the right to entrust persons as his defenders from the date on which
the case is transferred for examination before prosecution. A defendant in a case of private prosecution shall have the right to
entrust persons as his defenders at any time.
A People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination
before prosecution, inform the criminal suspect that he has the right to entrust persons as his defenders. A People’s Court shall,
within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust
persons as his defenders.
Article 34
If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone to be his defender
due to financial difficulties or other reasons, the People’s Court may designate a lawyer that is obligated to provide legal aid
to serve as a defender.
If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the People’s Court
shall designate a lawyer that is obligated to provide legal aid to serve as a defender.
If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his defender, the
People’s Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.
Article 35
The responsibility of a defender shall be to present, according to the facts and law, materials and opinions proving the innocence
of the criminal suspect or defendant, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal
responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the defendant.
Article 36
Defence lawyers may, from the date on which the People’s Procuratorate begins to examine a case for prosecution, consult, extract
and duplicate the judicial documents pertaining to the current case and the technical verification material, and may meet and correspond
with the criminal suspect in custody. Other defenders, with permission of the People’s Procuratorate, may also consult, extract and
duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody.
Defence lawyers may, from the date on which the People’s Court accepts a case, consult, extract and duplicate the material of the
facts of the crime accused in the current case, and may meet and correspond with the defendant in custody. Other defenders, with
permission of the People’s Court, may also consult, extract and duplicate the above-mentioned material, and may meet and correspond
with the defendant in custody.
Article 37
Defence lawyers may, with the consent of the witnesses or other units and individuals concerned, collect information pertaining to
the current case from them and they may also apply to the People’s Procuratorate or the People’s Court for the collection and obtaining
of evidence, or request the People’s Court to inform the witnesses to appear in court and give testimony.
With permission of the People’s Procuratorate or the People’s Court and with the consent of the victim, his near relatives or the
witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.
Article 38
Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy or falsify evidence or
to tally their confessions, and shall not intimidate or induce the witnesses to modify their testimony or give false testimony or
conduct other acts to interfere with the proceedings of the judicial organs.
Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.
Article 39
During a trial, the defendant may refuse to have his defendant continue to defend him and may entrust his defence to another defender.
Article 40
A victim in a case of public prosecution, his legal representatives or near relatives, and a party in an incidental civil action and
his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right
to entrust agents ad litem. A private prosecutor in a case of private prosecution and his legal representatives, and a party in an
incidental civil action and his legal representatives shall have the right to entrust agents ad litem at any time.
The People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination
before prosecution, notify the victim and his legal representatives or near relatives and the party in an incidental civil action
and his legal representatives that they have the right to entrust agents ad litem. The People’s Court shall, within three days from
the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in
an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.
Article 41
With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.
Chapter V Evidence
Article 42
All facts that prove the true circumstances of a case shall be evidence.
There shall be the following seven categories of evidence:
(1)
material evidence and documentary evidence;
(2)
testimony of witnesses;
(3)
statements of victims;
(4)
statements and exculpations of criminal suspects or defendants;
(5)
expert conclusions;
(6)
records of inquests and examination; and
(7)
audio-visual materials.
Any of the above evidence must be verified before it can be used as the basis for deciding cases.
Article 43
Judges, procurators and investigators must, in accordance with the legally prescribed process, collect various kinds of evidence that
can prove the criminal suspect’s or defendant’s guilt or innocence and the gravity of his crime. It shall be strictly forbidden to
extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed
for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish
evidence and, except in special circumstances, they may be brought in to help the investigation.
Article 44
The public security organ’s requests for approval of arrest, the People’s Procuratorate’s bills of prosecution and the People’s Court’s
written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.
Article 45
The People’s Courts, the People’s Procuratorates and the public security organs shall have the authority to collect or obtain evidence
from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence.
Evidence involving State secrets shall be kept confidential.
Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under
law.
Article 46
In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral
statements. A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement but no evidence;
the defendant may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his
statement.
Article 47
The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined
in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant and defenders, and after the testimonies
of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally
given false testimony or concealed criminal evidence, it shall handle the matter in accordance with law.
Article 48
All those who have information about a case shall have the duty to testify.
Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves
shall not be qualified as witnesses.
Article 49
The People’s Courts, the People’s Procuratorates and the public security organs shall insure the safety of witnesses and their near
relatives.
Anyone who intimidates, humiliates, beats or retaliates against a witness or his near relatives, if his act constitutes a crime, shall
be investigated for criminal responsibility according to law; if the case is not serious enough for criminal punishment, he shall
be punished for violation of public security in accordance with law.
Chapter VI Compulsory Measures
Article 50
The People’s Courts, the People’s Procuratorates and the public security organs may, according to the circumstances of a case, issue
a warrant to compel the appearance of the criminal suspect or defendant, order him to obtain a guarantor pending trial or subject
him to residential surveillance.
Article 51
The People’s Courts, the People’s Procuratorates and the public security organs may allow criminal suspects or defendants under any
of the following conditions to obtain a guarantor pending trial or subject them to residential surveillance:
(1)
They may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or
(2)
They may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if they are allowed to obtain
a guarantor pending trial or are placed under residential surveillance.
The public security organs shall execute the decision on allowing a criminal suspect or defendant to obtain a guarantor pending trial
or on subjecting him to residential surveillance.
Article 52
A criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for obtaining
a guarantor pending trial.
Article 53
If the People’s Courts, the People’s Procuratorates or the public security organs decide to allow a criminal suspect or defendant
to obtain a guarantor pending trial, they shall order the criminal suspect or defendant to provide a guarantor or pay guaranty money.
Article 54
A guarantor must be a person who meets the following conditions:
(1)
to be not involved in the current case;
(2)
to be able to perform a guarantor’s duties;
(3)
to be enpost_titled to political rights and not subjected to restriction of personal freedom; and
(4)
to have a fixed domicile and steady income.
Article 55
A guarantor shall perform the following duties:
(1)
to see to it that the person under his guarantee observes the provisions of Article 56 of this Law; and
(2)
to promptly report to the executing organ when finding that the person under his guarantee may commit or has already committed acts
in violation of the provisions of Article 56 of this Law.
If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the provisions
of Article 56 of this Law, he shall be fined. If the case constitutes a crime, criminal responsibility shall be investigated according
to law.
Article 56
A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following provisions:
(1)
not to leave the city or county where he resides without permission of the executing organ;
(2)
to be present in time at a court when summoned;
(3)
not to interfere in any form with the witness when the latter gives testimony; and
(4)
not to destroy or falsify evidence or tally confessions.
If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph,
the guaranty money paid shall be confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant
shall be ordered to write a statement of repentance, pay guaranty money or provide a guarantor again, or shall be subjected to residential
surveillance or arrested. If a criminal suspect or defendant is found not to have violated the provisions in the preceding paragraph
during the period when he has obtained a guarantor pending trial, the guaranty money shall be returned to him at the end of the period.
Article 57
A criminal suspect or defendant under residential surveillance shall observe the following provisions:
(1)
not to leave his domicile without permission of the executing organ or, if he has no fixed domicile, not to leave the designated residence
without permission;
(2)
not to meet with others without permission of the executing organ;
(3)
to be present in time at a court when summoned;
(4)
not to interfere in any form with the witness when the latter gives testimony; and
(5)
not to destroy or falsify evidence or tally confessions.
If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and if the case
is serious, he shall be arrested.
Article 58
The period granted by a People’s Court, People’s Procuratorate or public security organ to a criminal suspect or defendant for awaiting
trial after obtaining a guarantor shall not exceed twelve months; the period for residential surveillance shall not exceed six months.
During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under residential
surveillance, investigation, prosecution and handling of the case shall not be suspended. If it is discovered that the criminal suspect
or the defendant should not be investigated for criminal responsibility or when the period for awaiting trial after obtaining a guarantor
or the period of residential surveillance has expired, such period shall be terminated without delay. The person who has obtained
a guarantor pending trial or who is under residential surveillance and the units concerned shall be notified of the termination immediately.
Article 59
Arrests of criminal suspects or defendants shall be subject to approval by a People’s Procuratorate or decision by a People’s Court
and shall be executed by a public security organ.
Article 60
When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of
not less than imprisonment, and if such measures as allowing him to obtain a guarantor pending trial or placing him under residential
surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating his arrest, the criminal suspect
or defendant shall be immediately arrested according to law.
If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own
baby, he or she may be allowed to obtain a guarantor pending trial or be placed under residential surveillance.
Article 61
Public security organs may initially detain an active criminal or a major suspect under any of the following conditions:
(1)
if he is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime;
(2)
if he is identified as having committed a crime by a victim or an eyewitness;
(3)
if criminal evidence is found on his body or at his residence;
(4)
if he attempts to commit suicide or escape after committing a crime, or he is a fugitive;
(5)
if there is likelihood of his destroying or falsifying evidence or tallying confessions;
(6)
if he does not tell his true name and address and his identity is unknown; and
(7)
if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang.
Article 62
When a public security organ is to detain or arrest a person in another place, it shall inform the public security organ in the place
where the person to be detained or arrested stays, and the public security organ there shall cooperate in the action.
Article 63
The persons listed below may be seized outright by any citizen and delivered to a public security organ, a Peopl
| Category |
TOURISM |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1998-12-02 |
Effective Date |
1998-12-02 |
|
|
|
Interim Procedures for the Experiment of Travel Services with Chinese and Foreign Investments |
(Approved by the State Council on October 29, 1998 and promulgated by
Order No. 11 of the State Tourism Administration and the Ministry of Foreign
Economic Relations and Trade on December 2, 1998)
Article 1 These Procedures are formulated in accordance with the the Law
of the People’s Republic of China Concerning Chinese-Foreign Joint Ventures
and the Regulations on Traval Services Administration as well as relevant laws
and regulations with a view to further extending the opening up of the toruism
industry to the outside world and promoting the development of the tourism
industry.
Article 2 These Procedures shall be applicable to travel services
established with Chinese and foreign investments by foreign companies or
enterprises and Chinese companies or enterprises within the territory of China(hereinafter referred to as travel services with joint
investments
for abbreviation).
Article 3 For application for the establishment of a travel service
with joint investments, the Chinese joint venturer should meet the
following criteria:
(1)It shall be an international travel service;
(2)Its average annual number of overseas tourists?? in 3 years prior
to the application exceeds 30000 man/day;
(3)Total sales volume of average annual tourism business in 3 years
prior to the application exceeds RMB 50 million Yuan; and
(4)It must be an official member of China Tourism Association.
Article 4 For application for the establishment of a travel service
with joint investments, the foreign joint venturer should meet the
following criteria:
(1)It shall be a travel service operating international tourism or an
enterprise of a travel service operating international tourism with all
capital;
(2)It has an annual sales volume from tourism business of more than
US$ 50 million;
(3)It has joined international or national computer network for
advance booking or has formed its own computer network for advance booking;
and
(4)It must be an official member of its national tourism association.
Article 5 The travel service with joint investments to be established
should meet the following criteria:
(1)It has a registered capital of not less than RMB 5 million Yuan;
(2)Its enterprise form shall be a limited liability company;
(3)The percentage of contribution of the registered capital from the
Chinese party shall not be under 51%;
(4)Its legal representative shall be appointed by the Chinese party;
(5)It has a business site, business facilities and management staff
that meet the requirements; and
(6)The duration of joint venture shall not exceed 20 years.
Article 6 A travel service with joint investments shall, pursuant to
the provisions of management of entry tourism by international travel
services, effect payment of quality guaranty fund.
Article 7 Procedures for the examination and approval of a travel
service with joint investments shall be as follows:
(1)The Chinese joint venturer shall submit such documents as the
project proposal and feasibility study for the travel service with joint
investments to the department of tourism administration of the province
(autonomous region, municipality directly under the Central Government)
or municipality under direct planning by the state of the locality wherein
the travel service is to be located. Those documents shall, upon preliminary
examination of the department of tourism administration at the provincial
level, be submitted to the State Tourism Administration.
Where the Chinese joint venturer is an enterprise under central
management, those documents shall, upon preliminary examination of its
competment department, be submitted to the State Tourism Administration.
The State Tourism Administration shall, pursuant to the laws and
regulations of the state concerning tourism administration process the
examination and approval of the documents submitted.
(2)The Chinese joint venturer shall, upon receipt of the official
reply of approval of the State Tourism Administration, submit such
documents as the contract on the establishment of a travel service
with joint investments and its articles of association to the provincial-
level competent department of foreign economic relations and trade of the locality. The procincial-level competent department of
foreign economic
relations and trade shall, upon preliminary examination, submit those
documents to the Ministry of Foreign Economic Relations and Trade.
Where the Chinese joint venturer is an enterprise under central
management, those documents shall, upon preliminary examination of its
competent department, be submitted to the Ministry of Foreign Economic
Relations and Trade.
The Ministry of Foreign Economic Relations and Trade shall, pursuant to
the laws and regulations of the state concerning foreign business investment,
process the examination and approval of the documents submitted.
(3)The Chinese joint venturer shall, on the strength of the certificate
of approval of enterprise with foreign business investment issued by the
Ministry of Foreign Economic Relations and Trade and the business permit
for travel service operations issued by the State Tourism Administration
and pursuant to the provisions, go through the formalities of registration
and taxation registration for the project the establishment of which has
been approved.
Article 8 The following documents should be presented for the application
for the establishment of a travel service with joint investments:
(1)certification of qualifications of the Chinese joint venturer
including a copy of the business licence, business permit for travel service
operations, annual business reports of the 3 years prior to the application
and certification of the membership of the tourism association;
(2)certification of qualifications of the foreign joint venturer
including a copy of the registration, certificate of bank credit standing,
certification of financial status issued by an accountant firm, certificate
of access to the net provided by the computy company concerned, certification
of the membership of national tourism association and the annual report of
the year prior to the application;
(3)the project proposal of the travel service with joint investments;
(4)the feasibility study of the travel service with joint investments;
(5)the contract and articles of association of the travel service with
joint investments; and
(6)other materials the presentation of which is required under laws
and regulations and by the examination and approval organs.
Article 9 Each foreign joint venturer shall only invest in the
establishment of one travel service with joint investments within the
territory of China.
Article 10 No permission shall be granted temporarily during the
experimental phase for the establishemnt of branch(es) of travel services
with joint investments.
Article 11 Travel services with joint investments may operate entry
tourism business and domestic tourism business.
Article 12 No permission shall be granted temporarily to travel
services with joint investments for management of the business of Chinese citizens going to foreign countries and the Hongkong Special
Administrative Region and the regions of Macao and Taiwan for tourism.
Article 13 Management by travel services with joint investments of special tourism projects and projects of tourism in special areas
must
be submitted to the State Tourism Administration and deparmtnets concerned
for examination and approval.
Artilce 14 Travel services with joint investments shall not organzie
and arrange projects containing contents of obscenity, gambling and
drug taking and other items harmful to social ethics and people’s physical
and mental health; shall not organize projects containing contents damaging
state interests and national dignity of the People’s Republic of China; and
shall not organize projects containing contents prohibited under Chinese
laws and regulations.
Article 15 Employment of tour guides by travel services with joint
investments within the territory of China shall be processed pursuant to
relevant state provisions.
Article 16 Travel services with joint investments shall be subject to
trade administration of the department of tourism administration.
Article 17 Travel services with joint investments shall, pursuant to
provisions, submit financial, accounting and statistical statements to
the department of tourism administration and other departments concerned
and be subject to business inspection.
Article 18 The foreign exchange revenue and expenditure of travel
services with joint investments shall be handled pursuant to the relevant
procedures for enterprises with foreign business investment.
Article 19 Travel services with joint investments shall abide by the
laws and regulations of the People’s Republic of China, be subject to
the jurisdiction of laws and regualtions of China, and their just management
activities and legitimate rights and interests shall be protected by the
laws and regulations of China.
In the event of acts on the part of travel services with joint investments
in violation of the laws and regulations of China, they shall be handled
pursuant to the relevant laws and regulations.
Article 20 Whoever violates the provisions of these Procedures
shall be imposed penalty by the department of tourism administration
pursuant to the Regulations on Travel Services Administration and
the Rules for the Implementation of the Regulations on Travel Services
Administration.
Article 21 Interim Measures for the Administration of Examination and
Approval of Establishment of Category I Travel Services with Chinese and
foreign investments in National Tourism Holiday Areas shall continue to be
effective during the implementation of these Procedures.
Article 22 For establishment of travel services with joint investments
with joint investments by investors of the Hongkong Special Administrative
Region and regions of Macao and Taiwan and the domestic investors, reference
shall be made to these Procedures.
Article 23 The State Tourism Administration and the Ministry of Foreign
Economic Relations and Trade shall be responsible for the interpretation of these Procedures.
Article 24 These Procedures shall go into force as of the date of promulgation.
| Category |
INSURANCE |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1999-01-22 |
Effective Date |
1999-01-22 |
|
|
|
Provisional Regulations on Collection and Payment of Social Insurance Premiums |
Chapter I General Provisions
Chapter II Administration of Collection and Payment
Chapter III Supervision and Examination
Chapter IV Penalty Provisions
Chapter V Supplementary Provisions
(Adopted at the 13th Executive Meeting of the State Council on January 14,1999, promulgated by Decree No.259 of the State Council
of People’s Republic of China on January 22, 1999)
Chapter I General Provisions
Article 1 These Regulations are formulated to strengthen and regularize collection and payment of social insurance premiums, and
to ensure the granting of social insurance compensation.
Article 2 These Regulations are applicable to collection and payment of basic pensions, basic medical insurance premiums and unemployment
insurance premiums (hereinafter collectively referred to “social insurance premiums”).
A unit or an individual paying premiums mentioned in these Regulations refers to the unit or individual who
shall pay social insurance premiums according to the provisions of relevant laws, administrative regulations and of the State Council.
Article 3 The collection and payment scope of basic pensions: State-owned enterprises, collectively owned enterprises in cities
and towns, enterprises with foreign investment, privately owned enterprises in cities and towns and other enterprises in cities and
towns as well as their staff and workers, and institutions managed as enterprise as well as their staff and workers.
The collection and payment scope of basic medical insurance premiums: State-owned enterprises, collectively
owned enterprises in cities and towns, enterprises with foreign investment, privately owned enterprises in cities and towns and other
enterprises in cities and towns as well as their staff and workers, State organs and their functionaries, institutions and their
staff and workers, private non-enterprise unit as well as their staffs and workers, social organizations and their full-time staff.
The collection and payment scope of unemployment insurance premiums: State-owned enterprises, collectively
owned enterprises in cities and towns, enterprises with foreign investment, privately owned enterprise in cities and towns and other
enterprises in cities and towns as well as their staff and workers, institutions as well as their staff and workers.
The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government,
according to the actual local situations, may provide for the incorporation of individual industrial and commercial businesses in
cities and towns into the collection and payment scope of basic pensions and basic medical insurance, and may provide for the incorporation
of social organizations and their full-time staff, private non-enterprise units and their staffs and workers, as well
as individual industrial and commercial businesses in cities and towns with employees and their employees into the collection and
payment scope of unemployment insurance.
The base and rate of social insurance premiums shall be set fixed in accordance with relevant laws and administrative
regulations as well as provisions of the State Council.
Article 4 Units and individuals paying premiums shall promptly pay social insurance premiums in full amount.
Social insurance premiums collected and paid shall be incorporated into social insurance funds and only used
for their special purposes. No unit and individual may misappropriate these premiums.
Article 5 The administrative department of labor security under the State Council is responsible for the nationwide administration,
supervision and checkup of the collection and payment of social insurance premiums. The administrative departments of labor security
of the people’s governments at or above the county level are responsible for the administration, supervision and checkup of the collection
and payment of social insurance premiums within their respective administrative areas.
Article 6 Social insurance premiums shall be collected in a way that three kinds of social insurance premiums are collected centrally
and uniformly. The people’s governments of provinces, autonomous regions, and municipalities directly under the central Government
shall prescribe the collecting agencies. They may collect by taxation departments, or by social insurance agencies established by
the administrative department of labor security according to the provisions of the State Council (hereinafter referred to as social
insurance agencies).
Chapter II Administration of Collection and Payment
Article 7 Units paying premiums must carry out social insurance registration with local social insurance agencies to participate
in social insurance.
The registration items include: name and domicile of the unit, its business place, type of the unit, its legal
representative or person in charge, its bank account number and other items prescribed by the administrative department for labor
security of the State Council.
Article 8 Units paying premiums which have already participated in social insurance before the enforcement of these Regulation shall,
within 6 months of the date of enforcement of these Regulation, carry out social insurance registration with the local social insurance
agencies, and the said agencies shall issue them a social insurance registration certificate.
Units paying premiums which have not participated in social insurance before the enforcement of these Regulation,
within 30 days of the date of enforcement of these Regulations, and units paying premiums which are established after the enforcement
of these Regulations, within 30 days of the date of their establishment, shall apply for social insurance registration at the local
social insurance agencies on the basis of their business licenses, registration certificates or other such relevant certificates.
After verification, the social insurance agencies shall issue them a social insurance registration certificate.
Social insurance registration certificate may not be forged or altered.
The form of social insurance registration certificate shall be determined by the administrative department
of labor security of the State Council.
Article 9 If the social insurance registration items of a unit paying premiums change or the unit paying premiums is terminated
according to law, procedures for change or cancellation of the social insurance registration shall be carried out with the social
insurance agency within 30 days of the date of the change or termination.
Article 10 Units paying premiums shall, on a monthly basis, report to the social insurance agency the amount of social insurance
premiums payable and, after assessment by the social insurance agency, pay their social insurance premiums within the prescribed
time period.
If a unit paying premiums fails to report the amount of social insurance premiums payable according to provisions,
the social insurance agency `shall provisionally set the amount payable at 110 per cent of the premium amount paid in the preceding
month. If it did not make a premium payment in the preceding month, the social insurance agency shall provisionally set the amount
payable according to the unit’s business situations, its number of staff and workers and other such relevant circumstances. After
a unit paying premiums has retroactively carried out its reporting procedures and paid the social insurance premiums according to
the sum assessed, the social insurance agency shall settle the accounts according to provisions.
Article 11 If the people’s government of a province, an autonomous region or a municipality directly under the Central Government
has determined that the
tax authorities shall levy and collect social insurance premiums, the social insurance agency shall promptly provide the tax authorities
with the relevant information of the social insurance registration, changes of registration, cancellation of registration and premium
payment reports of the unit paying premiums.
Article 12 Units and individuals paying premiums shall pay their social insurance premiums in cash and in full.
The social insurance premiums payable by individuals paying premiums shall be withheld from their wages and
paid for them by their work units.
Social insurance premiums may not be reduced or exempted.
Article 13 If a unit paying premium fails to pay its own social insurance premiums or to withhold and pay those of its staff and
workers according to provisions, the administrative department of labor security or tax authority shall order it to pay within a
prescribed time limit; if it has still not paid at the end of the time limit, in addition to paying the sum owned, it shall pay a
late-payment fine of 0.2 per cent per day, counting from the date when the amount became overdue. Late-payment fines shall be consolidated
into the social insurance funds.
Article 14 Social insurance premiums collected shall be deposited into a dedicated public finance account for social security funds
opened by the public finance authorities with a State-owned commercial bank.
The social insurance funds established shall respectively be basic old age insurance funds, basic medical
insurance funds, and unemployment insurance funds according to the pooling scope for the risk concerned. Separate and independent
accounts shall be maintained for each type of social insurance funds.
No taxes of fees shall be calculated or levied on social insurance funds.
Article 15 If the people’s government of a province, an autonomous region or a municipality directly under the Central Government
has determined that the tax authorities shall levy and collect social premiums, the tax authorities shall promptly provide the social
insurance agencies with information of the premium payments of units and individuals paying premiums. The social insurance agencies
shall consolidate the relevant matters and submit them to the administrative departments of labor security.
Article 16 Social insurance agencies shall establish premium payment records. Of such records, those that pertain to basic old age
insurance and basic medical insurance shall contain a record of the personal accounts, according to provisions. Social insurance
agencies shall be responsible for maintaining premium payment records and ensuring their completeness and security. Social insurance
agencies shall issue statements to individuals paying premiums concerning their basic old age insurance and basic medical insurance
personal accounts at least once a year.
Units and individuals paying premiums are enpost_titled to access their premium payment records according to provisions.
Chapter III Supervision and Examination
Article 17 Unit paying premiums shall announce to their staff and workers on a annual basis details of the units’ social insurance
premium payments for the whole year, and accept the supervision of their staff and workers.
Social insurance agencies shall periodically inform the public on details of the levy and collection of social
insurance premiums, and accept the supervision of the society.
Article 18 According to the provisions of the people’s governments of provinces, autonomous regions and municipalities directly under
the Central Government on collecting agencies of social insurance premiums, when an administrative department of labor security or
a tax authority conducts an examination of the premium payments of a unit according to law, the unit being examined shall provide
such information relevant to the payment of social insurance premiums as employment details, payrolls and financial statements, etc.,
and truthfully report the situation. The unit examined may not refuse the examination or make false or deceptive reports. The administrative
department of labor security or the tax authority may make a written record of, audio tape, videotape, photograph or photocopy materials;
however, they shall maintain the confidentiality of the unit paying premiums.
When conducting the duties indicated in the preceding paragraph, the personnel of the administrative department
of labor security or the tax authority shall produce their proof of carrying out official business.
Article 19 When an administrative departments of labor security or a tax authority investigates cases of the illegal acts related
to the collection and payment of social insurance premiums, the relevant departments and units shall provide support and cooperation.
Article 20 Subject to authorization by the administrative departments of labor security, social insurance agencies may conduct examination
and investigation related to the collection and payment of social insurance premiums.
Article 21 Any organization or individual has the right to report illegal acts related to the collection and payment of social insurance premiums.
The administrative department of labor security or the tax authority shall promptly investigate the report, handle it according to
provisions, and maintain the confidentiality of the person making the report.
Article 22 Payments into and out of the social insurance fund shall be subject to separate administration and shall be supervised
by the public finance departments according to law.
The auditing departments shall supervise the payments into and out of the social insurance fund according
to law.
Chapter IV Penalty Provisions
Article 23 If a unit paying premiums fails to carry out social insurance registration, change its registration or cancel its registration
according to provisions, or fails to report the amount of social insurance premiums payable according to provisions, the administrative
department of labor security shall order it to correct situation within a prescribed time limit; in serious cases, a fine of not
less than 1,000 yuan and not more than 5,000 yuan may be imposed on the person in charge who are directly responsible and other directly
responsible persons; in particularly serious cases, a fine of not less than 5,000 yuan and not more than 10,000 yuan may be imposed
on the person in charge who are directly responsible and other directly responsible persons.
Article 24 If a unit paying premiums violates relevant financial, accounting or statistics laws or administrative regulations or
relevant State regulations, or forges, alters or intentionally destroy relevant account books or documents, or fails to keep accounts,
thereby making it impossible to determine the base number for the collection and payment of social insurance premiums, it shall not
only be subjected to administrative penalties, disciplinary punishment and/or criminal prosecution in accordance with the provisions
of the relevant laws and administrative regulations, but it shall also make payment in accordance with Article 10 of these Regulations.
If it delays payment, the administrative department of labor security or the tax authority shall decide to impose a late-payment
fine in accordance with Article 13 of these Regulations and impose a fine of not less than 5,000 yuan and not more than 20,000 yuan
on the person in charge who are directly responsible and other directly responsible persons.
Article 25 Units or individuals paying premiums dissatisfied with the penal decisions of the administrative departments of labor
security or tax authorities may apply for reconsideration of the cases according to law. If the units or individuals are dissatisfied
with the decisions made upon reconsideration, thy may file suits according to law.
Article 26 If a unit paying premiums refuses to pay its social insurance premiums or late-payment fines after the time limit for
payment thereof has expired, the administrative department of labor security or the tax authority shall apply to the people’s court
to enforce payment according to law.
Article 27 If personnel of an administrative department of labor security, social insurance agency or tax authority abuse their powers,
practise favoritism or graft, or neglect their duties, resulting in the loss of social insurance premiums, the administrative department
of labor security or the tax authority shall pursue the recovery of the lost social insurance premiums; if a comical offence is constituted,
criminal liability shall be pursued according to law; if no criminal offence is constituted, administrative punishment shall be imposed
according to law.
Article 28 If any unit or individual misappropriates social insurance funds, the recovery of the misappropriated funds shall be pursued,
and any illegal income shall be confiscated and consolidated with the social insurance funds; if a comical offence is constituted,
criminal liability shall be pursued according to law; if no criminal offence is constituted, the persons in charge directly responsible
and other directly responsible persons shall be subjected to administrative punishment according to law.
Chapter V Supplementary Provisions
Article 29 The peoples’ governments of provinces, autonomous regions and municipalities directly under the Central Government, according
to the actual local conditions, may determine that these regulations shall apply to the collection and payment of work-related injury
insurance and maternity insurance premiums within their respective administrative areas.
Article 30 The tax authorities and social insurance agencies may not make any appropriations from the social insurance funds to cover
expenses incurred in their levy and collection of social insurance premiums. Funding for the necessary expenses shall be included
in the budget and appropriated form public finance.
Article 31 These Regulation shall take effect as of the date of promulgation.
|
The China Insurance Regulatory Commission
Announcement of China Insurance Regulatory Commission on Strictly Prohibiting Overseas Insurance Institution from Undertaking Illegal
Insurance and Intermediary
[1999] No. 6
March 30, 1999
It is investigated that a few overseas and HK, Macao, Twain insurance companies and intermediary institutions recruit the business
men or agents and engage in the business of insurance and intermediary illegally in our country without the approval of the insurance
supervision institutions. In order to maintain the normal order of internal insurance market and the interest of the insure, the
China Insurance Regulatory Commission (hereinafter referred to CIRC) declares the following:
I.
Without the approval of the insurance supervision institutions, recruitment of the businessmen or engagement in the business of insurance
through the agents and brokers should not be allowed by the overseas and HK, Macao, Twain insurance companies and intermediary institutions
established in our country.
II.
The agent offices of the overseas insurance companies in China should not undertake the business of insurance, reinsurance and intermediary
contrary to their business range. Once found, they should be disposed seriously and cancelled the qualification of establishment
of the agent office in China.
The domestic institutions or residents should report to CIRC if they discover the overseas insurance companies or its agent offices
in China recruiting the business men or agents and engageing in the business of insurance and intermediary illegally in our country
without the approval of the insurance supervision institution. CIRC will investigate the reported illegal business and dispose seriously
with the relevant institutions according to the laws.
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