Facebook
Home China Laws Page 172

China Laws

INTERIM REGULATIONS CONCERNING URBAN REAL ESTATE TAX

Category  TAXATION Organ of Promulgation  The Government Administration Council Status of Effect  In Force
Date of Promulgation  1951-08-08 Effective Date  1951-08-08  


Interim Regulations Concerning Urban Real Estate Tax


Notes:

(Promulgated by the Central People’s Government Administration Council on

August 8, 1951)

    Article 1  Except as otherwise stipulated, urban real estate tax shall be
collected by the tax authorities in accordance with the provisions of these
Regulations.
Article 2  The Ministry of Finance of the Central People’s Government shall
designate the cities in which real estate tax shall be imposed; the tax shall
not be imposed in cities that have not been so designated.

    Article 3  The owner of property shall be liable for the payment of real
estate tax. Where the property is subject to a mortgage, the mortgagee shall
be liable for payment. Where the owner and the mortgagee are not present at
the locality in which the property is situated, where ownership of the
property has not been established or where disputes in connection with the
tenancy and mortgage of the property have not been resolved, the tax shall be
paid by the custodian or the user of the property on behalf of the owner or
mortgagee.

    Article 4  The following categories of real estate shall be exempt from
real estate tax:

    (1) real estate owned by military units, government agencies and social
organizations for their own use;

    (2) real estate owned by public schools and registered private schools
for their own use;

    (3) real estate used as a park, scenic spot or historic site or for other
public purposes;

    (4) real estate used exclusively by mosques or lamaseries;

    (5) real estate used exclusively by temples of other religions for which
tax exemption has been granted by the people’s government at the provincial
(municipal) level or higher.

    Article 5  Reductions of or exemptions from real estate tax shall be
granted in respect of the following categories of real estate:

    (1) newly constructed buildings shall be exempt from real estate tax for
a period of three years commencing the month in which the construction is
completed;

    (2) renovated buildings for which the renovation expenses exceed one half
of the expenses of the new construction of such buildings shall be exempt
from real estate tax for a period of two years commencing the month in which
the renovation is completed;

    (3) other real estate in respect of which due to special circumstances,
the people’s government at the provincial (municipal) level or higher, has
determined that reductions of or exemptions from real estate tax shall be
granted.

    Article 6  Real estate tax shall be assessed according to the following
criteria and tax rates: (Note 1.)

    (1) the tax on buildings shall be assessed annually at the rate of 1% of
the standard value of buildings;

    (2) the tax on land shall be assessed annually at the rate of 1.5% of the
standard value of land;

    (3) the tax shall be provisionally assessed annually at the rate of 1.5%
of the consolidated standard value of land and building in cities in which it
is difficult to determine separately the standard value of land and the
standard value of buildings;

    (4) the tax shall be provisionally assessed annually at the rate of 15% of
the standard rental value of real estate in cities in which it is difficult to
determine the standard values of land and buildings.

    Article 7  The standard values, as mentioned in the preceding Article,
shall be appraised as follows:

    (1) the standard value of buildings shall be appraised in terms of
different categories and grades in accordance with the general local market
value, and with reference to the current price of local building construction;

    (2) the standard value of land shall be appraised in terms of different
districts and grades according to such conditions as the location of the
land, the degree of prosperity of the locality and communication facilities
and with reference to the general local market value of the land;

    (3) the standard value of real estate shall be appraised according to the
location of the real estate and building, construction circumstances and
taking into account the local aggregate market value of real estate for
different districts and categories and grades of real estate;

    (4) the standard rental of real estate shall be appraised in terms of
different districts, categories and grades and, in general, according to the
local aggregate rental value of the land and its affixed buildings.

    Article 8  Real estate tax may be paid quarterly or semi-annually,
which shall be determined by the local tax authorities.

    Article 9  A commission for real estate assessment, composed of
representatives designated by local people’s conferences of various circles,
and representatives designated by such departments as finance, taxation, land
administration, civil engineering (construction), industry and commerce, and
public security shall be established in all cities in which real estate tax
is imposed. The commission shall be under the direction of the local people’s
government and shall be responsible for carrying out the work of real estate
assessment.

    Article 10  Real estate shall be assessed once a year. Where, on
examination of the original assessed value, the real estate assessment
commission determines that reassessment is not necessary, the extension of
validity of the assessment of the previous year shall be submitted to the
local people’s government for approval.

    The results of assessment or the extension of the validity of the
assessment of a previous year, as mentioned in the preceding paragraph, shall
be subject to examination, approval and notification by the local people’s
government.

    Article 11  The tax payers shall, within one month following the
notification of the assessment, file a return with the local tax authorities of the location in which the real estate is situated
as to the condition of the
buildings, the number of rooms, the floor space and other information. Changes
in the addresses of the owners, transfers of ownership or the expansion or
renovation of buildings which result in changes in the value of the property
must be reported to the local tax authorities within 10 days following the
change of address, the transfer of ownership or the completion of expansion or
renovation.

    Returns in respect of real estate which is exempt from real estate tax
shall also be filed in accordance with the preceding provisions.

    Article 12  The tax authorities shall establish a register in respect of
the investigation and imposition of real estate tax and shall prepare detailed
maps showing the different grades of land; on the basis of the results of
assessments made by the commission and the returns filed by taxpayers, the tax
authorities shall proceed with the investigation, registration and
verification of the tax and shall issue a notice for payment of the tax to the
treasury within the time limit.

    In the event that a taxpayer disagrees with the result of the assessment
of the real estate, the taxpayer shall both pay the tax and apply to the
commission for consideration.

    Article 13  A fine of five hundred thousand yuan or less (Note 2.) shall
be imposed on a tax payer who fails to file the return within the time limit
as prescribed in Article 11.

    Article 14  In the event that a taxpayer fails to declare real estate
holdings or who files a fraudulent return and thereby attempts to evade the
tax shall, in addition to payment of the tax so evaded, be liable to a fine
of five times or less of the tax due.

    Article 15  Every person shall report violations of the provisions set
forth in the two preceding Articles. Following the investigation and disposal
of the violation, the informant shall be granted a reward in the amount of 20%
to 30% of the fine; confidentiality shall be maintained in respect of these
reports.

    Article 16  Where there is a failure to pay the tax on time, in addition
to setting a new time limit for payment of the tax, a late payment fine of 1%
of the amount of the tax due shall be imposed for each day the tax remains
unpaid.

    Where payment of the tax is not made within thirty days following the
time limit for payment, and the tax authorities consider that there is no
justification for late payment, the case shall be transferred to the people’s
courts for disposal.

    Article 17  The provincial (municipal) tax authorities shall, in accordance
with these Regulations, formulate measures for the investigation and
collection of real estate tax and shall submit the measures to the provincial
(municipal) people’s government for approval and implementation and shall also
submit the measures to the General Taxation Bureau under the Ministry of
Finance of the Central People’s Government for the record.

    Article 18  Upon the promulgation of these Regulations, all local rules
relating to the taxation of real estate tax shall be annulled.

    Article 19  These Regulations shall go into effect as of the date of
promulgation.

Notes:

    Note 1. Beginning from 1953, the tax rates listed thereof have been
adjusted into 1.2%, 1.8%, 1.8%, and 18% respectively.

    Note 2. Here the sum “five hundred thousand yuan” refers to the Old
Renminbi, which, when converted into the New Renminbi, is equivalent to
“fifty yuan”. — The Editor





RESOLUTION OF THE STANDTING COMMITTEE OF THE NATONAL PEOPLE’S CONGRESS OF THE APPROVAL OF THE DELARATION OF THE GOVERNMENT ON CHINA’S TERITORIAL SEA

Category  TERRITORY AND DIPLOMATIC RELATIONS Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1958-09-04 Effective Date  1958-09-04  


Resolution of the Standting Committee of the Natonal People’s Congress of the People’s Republic of China of the Approval of the Delaration
of the Government of the People’s Republic of China on China’s Teritorial Sea



(Adopted at the 100th Meeting of the Stading Committee of National Peopl’s

Congress on September 4, 1958)

    Resolution:

    On September 4, 1958, the One Hundredth Meeting of the Standing
Committeeof National People’s Congress decided to approve the declaration of
the government of People’s Republic of China on China’s territorial sea.

    Appendix: Declaration of the Government of the People’s Republic of China
on China’s Territorial Sea (September 4, 1958)

    The Government of the People’s Republic of China declares:

    1. The breadth of the territorial sea of the People’s Republic of China
shall be twelve nautical miles. This provision applies to all territories of
the People’s Republic of China including the Chinese mainland and its coastal
islands, as well as Taiwan and its surrounding islands, the Penghu Islands,
the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha
Islands and all other islands belonging to China which are separated from the
mainland and its coastal islands by the high seas.

    2. China’s territorial sea along the mainland and its coastal islands
takes as its baseline the line composed of the straight lines connecting
bas-points on the mainland coast and on the outermost coastal islands; the
water area extending twelve nautical miles outward from this baseline is
China’s territorial sea. The water areas inside the baseline, including Bohai
Bay and the Chiungchow Straits, are Chinese inland waters. The islands inside
the baseline, including Tungyin Island, Kaoteng Island, the Matsu Islands, the
Paichuan Islands, Wuchiu Island, the Grater and Lesser Quemoy Islands, Tatan
Island, Erhtan Island and Tungting Island, are islands of the Chinese inland
waters.

    3. No foreign aircraft and no foreign vessels for military use may enter
China’s territorial sea and the air space above it without the permission of
the Government of the People’s Republic of China.

    While navigation Chinese territorial sea, every foreign vessel must
observe the relevant laws of the People’s Republic of China and regulations of
its government.

    4. The principles provided in paragraphs (2) and (3) apply also to Taiwan
and its surrounding islands, the Penghu Islands, the Dongsha Islands, the
Xisha Islands, the Zhongsha Islands, the Nansha islands, and all other islands
belonging to China.

    The Taiwan and Penghu areas are still occupied by the United States armed
force. This is an unlawful encroachment on the territorial integrity and
sovereignty of the People’s Republic of China. Taiwan, Penghu and such other
areas are yet to be recovered, and the Government of the People’s Republic of
china has the right to recover these area by all suitable means at a suitable
time. This is China’s internal affair, in which no foreign interference is
tolerated.





REGULATIONS OF THE CUSTOMS GOVERNING THE IMPORT AND EXPORT OF ARTICLES BY FOREIGN DIPLOMATIC MISSIONS IN CHINA AND THEIR OFFICERS

Regulations of the Customs of the PRC Governing the Import and Export of Articles by Foreign Diplomatic Missions in China and Their
Officers

     (Effective Date:1977.01.01–Ineffective Date:)

   Article 1. The import and export of articles for official use by foreign diplomatic missions in China and of articles for personal use by their
officers shall comply with the present Regulations.

   Article 2. The term “articles for official use” in the present Regulations means furniture, articles for decoration and display, vehicles, office
supplies and entertaining articles for the use of foreign diplomatic missions in China themselves; the term “articles for personal
use” means personal articles for daily use of diplomatic officers and their spouses and children living with them during their stay
in China.

   Article 3. Inward and outward articles for official use of foreign diplomatic missions or inward and outward articles for personal use of diplomatic
officers through consignment shipping or by mail shall be declared to the Customs in writing and released duty free after the Customs
ascertains that they are in reasonable quantities. If they are subject to Customs inspection, the owner or his or her representative
shall be present.

   Article 4. Foreign diplomatic officers entering or leaving China shall declare in person to the Customs their accompanying baggage and effects
carried with them or carried by the same means of conveyance as they are taking. Such baggage and effects will be released duty free
by the Customs, but may be subject to Customs inspection if necessary. The owner or his or her representative shall be present during
the inspection.

   Article 5. Articles which the Chinese government prohibits for import or export shall not be taken or shipped into or out of China by foreign
diplomatic missions and their officers. If previously approved by the authorities concerned of the Chinese government, such articles
shall be declared to the Customs upon their importation or exportation and will be released by the Customs after verification.

The import of arms and ammunitions shall be subject to previous approval by the Ministry of Foreign Affairs of China. The import of
radio receivers and transmitters shall be dealt with in accordance with an inter-governmental agreement on the installation of radio
stations. All the above items shall be declared to the Customs in writing upon their importation and reexportation.

For the export of relics, an application shall first be filed with the Customs. Such cultural relics shall then be verified jointly
by the Customs and the Cultural Relics Administration and released by the Customs against the Export Certificate for Cultural Relics
issued by the said Administration.

   Article 6. The ownership of articles of duty-free admission for foreign diplomatic missions or their officers shall not be transferred without
prior approval. Such transfer when necessary shall be subject to prior approval by the Customs.

Articles may be transferred duty free to another diplomatic mission or its foreign nationals if the recipient is enpost_titled to enjoy
duty-exemption treatment and duties shall be paid to the Customs if not.

Except for the above transfer cases, all other articles for sale shall be purchased by a designated state commercial agency (in Beijing,
the Friendship Store),and the seller shall pay duties on them as stipulated.

   Article 7. Diplomatic pouches dispatched or received by foreign diplomatic missions shall contain only diplomatic papers, reference material
and office supplies. They shall be sealed and clearly marked and shall be carried by professional diplomatic couriers or non-professional
diplomatic couriers an inward or outward diplomatic pouch carried by a captain of a foreign commercial airplane or conveyed personally
by a diplomat or a person acting as a courier authorised by the foreign diplomatic mission concerned.

The Customs shall release without inspection all diplomatic pouches that conform with the above conditions.

   Article 8. The import and export of articles for official use by foreign consular missions in China and of articles for personal use by their
officers shall be dealt with in consideration of the relevant articles of the present Regulations on the principle of equality and
reciprocity, or in accordance with the provisions of the bilateral agreement which has been concluded.

    





RULES GOVERNING VESSELS OF FOREIGN NATIONALITY

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1979-09-18 Effective Date  1979-09-18  


Rules of the People’s Republic of China Governing Vessels of Foreign Nationality

General Provisions
Chapter I Port Entry and Exit and Navigation
Chapter II  Berthing
Chapter III  Signals and Communication
Chapter IV  Dangerous Goods
Chapter V  Safeguard of Navigation Lanes
Chapter VI  Prevention of Pollution
Chapter VII  Fire Control and Rescue
Chapter VIII  Accidents of Damages at Sea
Chapter IX  Punishments on Contravention of Regulations
Chapter X  Supplementary Provisions

(Approved by the State Council on August 25, 1979 and promulgated by the

Ministry of Communications on September 18, 1979)
General Provisions

    Article 1  These Rules are formulated in order to safeguard the sovereignty
of the People’s Republic of China, maintain the order of ports and coastal
waters, ensure the safety of navigation and prevent the pollution of waters.

    Article 2  All vessels of foreign nationality sailing in the ports and
coastal waters of the People’s Republic of China (hereinafter referred to
as “vessels”) shall abide by these Rules and all the relevant decrees,
stipulations and provisions of the People’s Republic of China.

    Whenever the Harbour Superintendency Administration set up by the
Government of the People’s Republic of China is of the view that it is
necessary to conduct inspection of vessels, the vessels must subject
themselves to inspection.

    The term coastal waters as used in these Rules refers to the inland
waters and territorial seas of the People’s Republic of China and the waters
stipulated by the State to be under its jurisdiction.
Chapter I Port Entry and Exit and Navigation

    Article 3  The captain or the ship owner shall, through the China
Ocean-shipping Agency Corporation, one week before the scheduled arrival of
his vessel at a port, fill in the prescribed forms and go through the
procedures to apply for approval of port entry with the Harbour Superintendency
Administration and, 24 hours before the vessel’s arrival at the port (or if
the voyage is less than 24 hours, at the time of departure from the previous
port), through the agent company for foreign vessels, report to the Harbour
Superintendency Administration on the scheduled time at arrival, forward
draft, stern draft, and other such conditions. A report shall be made at any
time if any change at the time of arrival is anticipated. If in the course of
its voyage, a vessel has to enter or return to the port temporarily due to
special circumstances such as mishap, malfunction, or acute illness contracted
by its seamen or passengers, a report shall be made to the harbour
Superintendency Administration in advance.

    Article 4  When a vessel goes into or out of a port or sails or changes
berths in it, it shall be guided by a pilot appointed by the Harbour
Superintendency Administration. The specific matters concerning pilotage shall
be handled in accordance with the “Provisions for Pilotage in Ports”
promulgated by the Ministry of Communications of the People’s Republic of
China.

    Article 5  Upon arrival of a vessel at a port, the entry and other
relevant reports, together with the certificate of registry and relevant
documents shall be submitted promptly for examination, and the vessel shall
be subject to inspection. Before a vessel goes out of a port, the exit and
other relevant reports shall be submitted and the vessel may go out only with
an exit permit issued after inspection.

    Article 6  All weapons and ammunition on board a vessel shall be kept under
seal by the Harbour Superintendency Administration upon arrival of the vessel
at the port. Radio telegraph transmitters, radio telephone transmitters,
rocket signals, flame signals and signal guns shall only be used in conditions
of emergency; and after such use, reports must be made to the Harbour
Superintendency Administration.

    Article 7  It shall be forbidden, inside a port, to shoot, swim, fish or
set off fire-crackers or fireworks or do other acts likely to endanger the
safety and order of the port.

    Article 8  The Harbour Superintendency Administration shall be enpost_titled
to prohibit a vessel from going out of the port within a specified period of
time, or order it to suspend its voyage, change its course or return to the
port if the vessel is in any of the following conditions:

    1. in an unseaworthy condition;

    2. in contravention of the laws or regulations of the People’s Republic
of China;

    3. having involved in an accident of marine damage;

    4. having failed to pay prescribed dues and to provide an appropriate
guarantee therefor;

    5. other conditions which call for prohibition of navigation.

    Article 9  Vessels sailing in the ports and coastal waters of the People’s
Republic of China shall not engage in activities detrimental to the security,
rights and interests of the People’s Republic of China and shall abide by the
provisions concerning straits, waterways, navigation lines and restricted
zones.

    Article 10  Vessels shall not sail at such speed in ports as to endanger
the safety of other vessels and port facilities.

    Article 11  The boats (rafts) attached to vessels shall not be allowed to
sail in ports except for lifesaving purposes.

    Article 12  When sailing or changing berths in ports, vessels shall not
have their attached boats (rafts), derricks, gangways, etc. extended over
the board sides.

    Article 13  Vessels that have to enter into a port of the People’s
Republic of China which is open to foreign vessels for the purpose of taking
shelter or temporary berth shall apply to the Harbour Superintendency
Administration for approval; the application shall include: the ship’s name,
call sign, nationality, name of the carrier, port of departure, port of
destination, ship’s position, speed, draft, full colour(s), funnel colour(s),
and mark, and shall take shelter at the specified place.

    Vessels that have to take shelter or temporary berth in a place other
than the ports open to foreign vessels of the People’s Republic of China
shall, in addition to going through the above procedures for the application
for approval, abide by the following:

    1. duly report to the Harbour Superintendency Administration in the
neighbourhood on the anchoring time, position and the time of departure;

    2. observe the provisions of the relevant local departments, subject
itself to inspection and enquiry and obey orders;

    3. the personnel on board the vessel shall not come to land nor shall
the goods on on board be unloaded without the approval of the relevant local
departments.
Chapter II  Berthing

    Article 14  Vessels berthed in a port shall have on duty a number of
seamen sufficient to ensure the safe operation of the vessel and, in times
of a typhoon warning or other emergency conditions, all crew members shall
immediately return on board to take preventive and other measures.

    Article 15  The gangways of a vessel set up where the crew members,
passengers and other personnel embark and disembark shall be firm and secure
and armed with rails or hand ropes; rope ladders shall be firm and safe,
with adequate illumination at night.

    Article 16  When a vessel has to start its engine, attention shall be
paid to the surroundings of the stern and it shall only be done in
circumstances where the safety of other vessels and port facilities will not
be endangered.

    Article 17  The water outlets on both sides of a vessel berthed in a
port, which are likely to affect other vessels, the pier or the embarkation
and disembarkation of personnel shall be covered.

    Article 18  The light of a vessel shall not affect the safety of
navigation of other vessels and strong lights of the vessel projected towards
the course of navigation shall be blocked.

    Article 19  Vessels shall provide safe and good conditions for loading
and unloading operations and the loading and unloading installations shall
possess certificates of compliances and be maintained in good technical
condition.

    Article 20  A vessel shall make prior applications to the Harbour
Superintendency Administration for approval to carry out the following
operations:

    1. dismantling and repair of boilers, main engine, windlasses, steering
gear and transmitters;

    2. trial voyages and trial runs;

    3. setting down boats (rafts) to carry out lifesaving rehearsal;

    4. welding or soldering (except for repair in a dockyard) or carrying
out operations with uncovered light on the deck;

    5. hanging out decorative lamps.

    Article 21  In the fumigation of a vessel, strict safety measures shall
be taken and the signal stipulated by the Port shall be hoisted.

    Article 22  To ensure safety of the port and vessels, the decisions of
the Harbour Superintendency Administration shall be complied with if any ship
has to change berths in the port or set sail ahead of schedule or postpone
sailing.
Chapter III  Signals and Communication

    Article 23  Vessels sailing or berthed in the ports and coastal waters of
the People’s Republic of China shall fly the national flags of their countries
of registry in daytime. When coming into or going out of the ports or changing
berths, they shall additionally fly their vessel flags for call and the
relevant signals stipulated by the port.

    Article 24  When coming into or going out of the port or anchoring,
vessels shall pay attention to the calls and signals of the port signal
station and shall observe the regulations of the People’s Republic of China
for signals in coastal ports in the use of visual signals. In respect of
signals not yet stipulated by coastal ports. “International Rules for
Signals” shall be observed.

    Article 25  Vessels in ports shall not send out sound signals at will
except out of necessity for navigation safety. When it is necessary to test
whistles, a report shall be submitted to the Harbour Superintendency
Administration in advance.

    Article 26  In the use of very high frequency radio telephones in ports,
vessels shall abide by the “Interim Measures for the Use of Radio Telephones
of Very-high-frequency by Vessels of Foreign Registry” promulgated by the
Ministry of Communications of the People’s Republic of China.
Chapter IV  Dangerous Goods

    Article 27  In loading, unloading or transportation of dangerous goods,
the vessels shall hoist the stipulated signals, observe the stipulations for
the administration of the transportation of dangerous goods and take necessary
safety measures. In particular, goods with mutually-conflicting properties
shall not be loaded in a mixed way and it shall strictly be prohibited to load
explosive articles together with igniters or combustible articles in the
same holds.

    Article 28  In carving Class-1 strongly dangerous goods such as explosive
articles, deadly poisonus articles, radioactive articles, compressed gases and
liquefied gases, oxidizers, spontaneous combustible articles, articles that
ignite when in contact with water, combustible liquids, combustible solids
and acid corrosives, vessels shall list in detail the names of the goods,
their properties, package, quantity and loading position, and also attach the
instructions concerning the properties of the dangerous goods to the lists
and apply to the Harbour Superintendency Administration through the agent
companies for foreign vessels for clearance visas three days before their
scheduled arrival at the ports. Only with approval may they enter the port,
unload goods, or pass through the transit. To carry the abovementioned
dangerous goods, outgoing vessels shall apply for clearance visas three days
before the start of loading. Only with approval may they load and carry.

    Article 29  In applying for the safety certificates for loading and
carrying dangerous goods for export, vessels shall make written applications
to the Harbour Superintendency Administration three days before the start of
loading, clearly stating the names of tile dangerous goods, their properties,
package, quantity, loading position (also attached with loading plans of the
goods), midway ports, port of destination, etc. Loading shall be done at the
berths specified by the Harbour Superintendency Administration.
Chapter V  Safeguard of Navigation Lanes

    Article 30  In navigation, vessels shall, abide by the provisions for and
maintain the order of navigation. If a vessel encounters an accident and is in
danger of sinking, it shall promptly report to the Harbour Superintendency
Administration and take effective measures as best as it can to sail out of
the lane so as not to obstruct navigation and endanger other vessels. If the
vessel has sunk, the vessel side shall duly set up a temporary signal mark
at the place of its sinking.

    Article 31  The salvage of vessels or other articles which have sunk in
the ports or coastal waters shall be handled in accordance with the “Measures
of the People’s Republic of China for the Administration of the Salvage of
Sunken Vessels and Sunken Articles”. The Harbour Superintendency Administration
shall, according to particular circumstances, notify the owners of the sunken
vessels or sunken articles to salvage and remove them within a prescribed
period, or promptly organize the salvage or dismantlement and removal; the
entire responsibilities and expenses shall be borne by the owners of the
sunken ship and sunken articles.

    Article 32  If a vessel finds or dredges up any sunken or floating
article, it shall report, or hand it over for handling, to the Harbour
Superintendency Administration, which shall give awards at its discretion.

    Article 33  If a vessel has to dump rubbish and other refuse in a port,
it shall display the signal stipulated by the port to call up a rubbish boat
(or truck).

    Article 34  Vessels shall take good care of lane installations and
navigational aids. If a vessel has damaged any navigational aid, port
construction or other facilities, it shall promptly report to the Harbour
Superintendency Administration and undertake to restore them or pay
compensation for the restoration.
Chapter VI  Prevention of Pollution

    Article 35  In the ports and coastal waters of the People’s Republic of
China, vessels shall be prohibited from wilfully draining away oils, oil
mixtures and other pernicious pollutants and wastes.

    Article 36  Vessels shall apply to the Harbour Superintendency
Administration for approval for draining away ballast water, washing water
from holds or bilge water. A vessel that comes from an epidemic-affected port
shall go through the hygienic treatment of the quarantine. The bilge water
and washing water from the holds of vessels carrying dangerous goods and
other pernicious pollutants may be drained at specified places only after
appraisal which indicates that they meet the standards of the public health
department concerned.

    Article 37  All oil tankers and vessels using fuel oil shall possess oils
registers and duly and truly make entries therein in accordance with various
provisions of the registers.

    Article 38  If polluting accidents occur with vessels in the ports or
coastal waters, they shall record the course of events separately in their
oils registers and sea logs, promptly report to the Harbour Superintendency
Administration and at the same time take effective measures to prevent
diffusion of the pollutants. If treatment with chemicals is required, it is
necessary to apply to the Harbour Superintendency Administrations for
approval, and provide them with the instructions of the chemical ingredients.

    Article 39  Matters not included in this chapter shall be handled in
accordance with the provisions of the People’s Republic of China relating to
the prevention of pollution of waters.
Chapter VII  Fire Control and Rescue

    Article 40  It shall strictly be forbidden to smoke or make fires in
cargo holds or other places prone to fire on board the vessels.

    Article 41  Strict fire-prevention and safety measures shall be taken for
the refueling of vessels and for the loading and unloading operations of oil
tankers.

    Article 42  To perform such engineering projects as welding or soldering
on board a vessel, the surroundings, shall be cleared in advance, strict
precaution measures be taken, firefighting equipment be made ready and
inspection be conducted before and after the operations. The oil tanks and
their adjacent parts shall necessarily be emptied of all oil materials,
cleared of residues of oil, thoroughly ventilated, with their internal
combustible gases discharged and certified as up-to-standard before welding
or soldering can be carried out.

    Article 43  If a vessel catches fire or encounters a sea peril, it shall
promptly report to the Harbour Superintendency Administration such conditions
as scene of the accident, tonnage of vessel, draft, cargo carried, damages,
and the kind of assistance required.

    Article 44  If necessary, the Harbour Superintendency Administration may
mobilize and command the vessels in the port or coastal waters to take part
in the rescue of a vessel in trouble and under the circumstances that their
own safety will not be affected, the mobilized vessels have the responsibility
to partake in the rescue as best as they can.

    Article 45  When the Harbour Superintendency Administration or leading
members of the rescue department arrive at the scene, the captain of the
vessel in trouble shall promptly report the state of the accident and the
measures which have been taken and supply the data and facilities required
for the rescue. He may also make suggestions concerning the rescue. The
parties concerned shall observe the decisions made by the Harbour
Superintendency Administration for the maintenance of security and order.
Chapter VIII  Accidents of Damages at Sea

    Article 46  When an accident of damages at sea occurs to a vessel, it
shall make a summary report to the Harbour Superintendency Administration by
telegraph or radio-telephone as soon as possible. With regard to the
occurrence of an accident of damages at sea outside a port area, the captain
shall submit a report about the accident to the Harbour Superintendency
Administration within forty-eight hours of the vessel’s entry into the first
port of call. With regard to the occurrence of an accident of damages at sea
within the port, the captain shall submit a report about the accident to the
Harbour Superintendency Administration within 24 hours.

    Article 47  When a vessel causes an accident in the port or coastal
waters of the People’s Republic of China, which results in the loss of human
life and damage to property, it shall actively attempt to rescue the damaged
vessel and injured personnel, promptly report the matter to the Harbour
Superintendency Administration and subject itself to investigation and
handling. The troublemaker who does not rescue those in danger but hides
itself or runs away shall be severely dealt with.

    Article 48  If the death of a seaman occurs on board a vessel, the vessel
shall promptly make a report to the Harbour Superintendency Administration. If
the default of personnel of the vessel side or the port side gives rise to
damage or injury or death to the other side, the scene shall be kept intact
and both sides shall duly report to the Harbour Superintendency Administration.
If a dispute occurs, any party concerned may apply to the Harbour
Superintendency Administration for investigation and handling. Those involving
crimes shall be dealt with by the judicial organs of the People’s Republic
of China.

    Article 49  Matters which are not included in this Chapter shall be
handled in accordance with the “Rules for the Investigation and Handling of
Accidents of Damage at Sea” promulgated by the Ministry of Communications of
the People’s Republic of China.
Chapter IX  Punishments on Contravention of Regulations

    Article 50  The Harbour Superintendency Administration shall impose such
punishments as a warning or a fine, according to the nature and seriousness of
the offence, on anyone who has contravened these Regulations and any other
relevant decrees, provisions and regulations of the People’s Republic of
China. Those of a vile and serious nature shall be handed over to, and dealt
with by, the judicial organs.

    Article 51  If the punished party does not accept the punishment, he
can make an appeal to the Harbour Superintendency Administration of the
People’s Republic of China within 15 days of receipt of the notice. Before
alteration of the decision, however, the original punishment shall still
take effect.
Chapter X  Supplementary Provisions

    Article 52  With regard to the prevention of collision of vessels,
matters which are not included in these Regulations and other relevant
provisions of the People’s Republic of China shall be handled in accordance
with the “International Rules For the Avoidance of Collision at Sea”
implemented by the People’s Republic of China.

    Article 53  These Regulations shall be put into effect as of the date of
promulgation by the State Council of the People’s Republic of China.
Concurrently therewith, the “Measures of the People’s Republic of China For
the Administration of Port Entry and Exit by Vessels of Foreign Registry”
promulgated by the Ministry of Communications of the People’s Republic of
China on March 12, 1957 shall be annulled.





INTERIM PROCEDURES OF THE STATE IMPORT-EXPORT COMMISSON AND THE MINISTRY OF FOREIGN TRADE OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE SYSTEM OF EXPORT LICENSINGG

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCLL CONCERNING CHINA’S ACCESSION TO THE HAGUE CONVENTION AND THE MONTREAL CONVENTION

Circular of the General Office of the State Councll Concerning China’s Accession to the Hague Convention and the Montreal Convention

     (Effective Date:1980.11.03–Ineffective Date:)

Upon approval by the State Council, China acceded on September 10, 1980 to the Convention Concerning the Checking of the Illegal Hijacking
of Aircraft (hereinafter referred to as “the Hague Convention”) and the Convention Concerning the Checking of Illegal Acts that Jeopardize
Civil Aviation Safety (hereinafter referred to as “the Montreal Convention”) which had been concluded internationally, and declared
at the time of accedence that China shall not be bound by Paragraph 1 of Article 12 of the Hague convention and paragraph 1 of Article
14 of the Montreal Convention and that the signing and rectification of the Conventions by the Taiwan authorities in the name of
China are illegal and Mull and void. The two Conventions became applicable to China on October 10, 1980.

Since the beginning of the 1960s, incidents involving using violence to hijack civil aircraft and damaging civil aviation facilities
have frequently occurred in the world. In order to check such acts of terrorism and safeguard the safety of international civil aviation,
the International Civil Aviation Organization presided in 1963 over the formulation of the Convention Concerning Crimes and Some
Other Acts in Aircraft (hereinafter referred to as “the Tokyo Convention”, to which China acceded in November 1978 upon approval
by the State Council) and, following that it formulated in 1970 and 1971 successively the Hague Convention and the Montreal Convention.
These Conventions are of positive significance to protecting the safety of civil aircraft and other civil aviation facilities.

In recent years, although the incidence of hijacking and other terrorist acts has been reduced in the world, they do occur occasionally;
and on China’s civil aircraft, there have been three attempted hijacking incidents for the purpose of fleeing the country. In order
to ensure the safety in transport for international and domestic airliners and effectively guard against the occurrence of hijacking
and other criminal acts, it is hoped that various regions and competent departments earnestly implement the relevant Articles of
the aforementioned international Conventions (for the translated Chinese version of the Hague Convention and the Montreal Convention,
please see the State Council Bulletin Number 17 of 1980 and, for the translated Chinese version of the Tokyo Convention, please see
the document of the Civil Aviation Administration of China and the Ministry of Foreign Affairs, Ref.: (78) Zhijizi No. 591), heighten
their vigilance, tighten the ground security check and the on board security protection measures and strictly prevent any attempt
to use violence to hijack aircraft or damage civil aviation facilities so as to guarantee the safety in China’s civil aviation. In
the event that incidents should occur involving foreign countries such as hijacked foreign aircraft landing in China, the matter
should be handled properly in accordance with the law of China and with reference to the relevant provisions of the aforementioned
three Conventions.

    





PROVISIONAL REGULATIONS FOR FOREIGN EXCHANGE CONTROL OF THE PEOPLE’S REPUBLIC OF CHINA

INTERIM PROVISIONS FOR STRENGTHENING THE ADMINISTRATION OF PUBLICATION IN CO-OPERATION WITH FOREIGN COUNTRIES

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1981-10-12 Effective Date  1981-10-12  


Interim Provisions for Strengthening the Administration of Publication in Co-operation With Foreign Countries



(Approved and promulgated by the State Council on October 12, 1981)

    These Provisions are formulated for the purpose of strengthening the
leadership over, and administration of, the work of publication in
co-operation with foreign countries.

    1. Publication in co-operation with foreign countries shall conform to
China’s foreign policy and principle and facilitate the strengthening of
China’s publicity in and cultural exchanges with, foreign countries, shall do
no harm to China’s sovereignty and national interests and shall be strictly
governed by the State provisions concerning the maintenance of secrets.

    2. In co-operation with foreign countries in publication, it is imperative
to study the situation of the international book market, safeguard the rights
and interests of China’s authors and publishers and, on the basis of equality
and mutual benefits, achieve reasonable economic returns.

    3. A publishing house shall determine its projects of co-operation with
foreign countries in the light of its own conditions and characteristics and
in conformity with its own publishing principle and scope of publication.

    4. Projects of publication in co-operation with foreign countries shall be
determined through full consultation between the two parties thereto. The
editing principle, the contents of the manuscript and the finalized version
thereof with respect to a book or journal to be jointly published shall all be
subject to the consent of the Chinese party. Without the consent of the
Chinese party, no part of the contents of a manuscript that has been examined
and finalized by the Chinese party may be supplemented, deleted or otherwise
altered by the other party. Pictures selected for use in picture-albums or
other books or journals to be jointly published for the purpose of giving
information about China shall in general be provided by the Chinese party and
it is unadvisable to have them taken by the other party or jointly taken by
both parties.

    5. Manuscripts edited by a foreign country to be jointly published for use
by Chinese readers shall be those of which China is in urgent need and shall,
when necessary, be duly supplemented, deleted or re-edited in accordance with
the actual situation in China. Financially, every possible means shall be
tried to avoid making payment in foreign exchange for the economic returns
that the other party shall be enpost_titled to.

    6. Publication in co-operation with foreign countries shall only be
undertaken by the publishing houses that have been officially authorized by
the State. No non-publishing units or individuals may undertake publication in
co-operation with foreign countries. Without the permission of the original
publishing houses, no publishing houses may co-operate with foreign parties in
publishing books or journals published by other publishing houses. A
publishing house that intends to co-operate with a foreign party in publishing
a manuscript shall solicit in advance the permission of the author or the
original editing unit.

    7. A publishing house may negotiate co-operative publication business
directly with a foreign party or may entrust a specialized company that has
been authorized by the State to handle co-operative publication business with
foreign countries or entrust a reliable foreign agency with the negotiation.

    8. Foreign units that are to co-operate with China in publication business
shall be those which are friendly to China and have reliable credit and
financial resources. It is imperative not to sign contracts with foreign
businessmen whose standing is not clear.

    9. In order to specify the rights and obligations of both parties, a
contract prescribing a time limit shall be signed. As to the ownership of the
copyright, the transfer by one party to the other of the right of publication
and distribution and of other rights or the permission by one party to the
other of the use of these rights, as well as the amount of remuneration, the
mode and time of payment thereof shall be stipulated item by item in the
contract. With respect to manuscripts and pictures that are provided by the
Chinese party, without the consent of the Chinese party, the other party may
not transfer the copyright, or extend the use thereof, or extend the areas
where they shall be distributed.

    10. In determining projects of co-operative publication with foreign
countries, the following formalities of examination and approval shall,
depending on the different circumstances, be carried out respectively:

    With respect to publications that have been published domestically,
publishing houses at the central level may make their own decisions and report
the projects to the higher competent authority for the record, whereas
publishing houses in the localities shall submit their project proposals to
the publication bureaus of the provinces, municipalities directly under the
Central Government or autonomous regions for examination and approval.

    With respect to publications that have not come off the press
domestically, publishing houses at the central level shall submit their
project proposals to the higher competent authority for examination and
approval, and publishing houses in the localities shall submit their project
proposals to the people’s governments of the provinces, municipalities
directly under the Central Government or autonomous regions for examination
and approval. With respect to a project of co-operative publication of
full-length book series whose contents have a nation-wide bearing, consent of
the State Bureau of Publication shall have to be solicited in advance.

    With respect to manuscripts whose contents involve the major principles of
the Party and the State and China’s foreign policy and to works by, or
biographies of, the leaders of the Party and the State, the project proposals
shall, after being counter signed by the State Bureau of Publication, be
submitted to the State Council for examination and approval.

    The taking of photographs of important cultural relics and other rare,
precious objects and the use of such photographs, and the publication of maps
that involve boundary lines of China shall be handled in strict accordance
with the pertinent provisions of the State.

    With respect to a publication project of co-operation with a foreign
party, the report submitted requesting the examination and approval of the
project proposal, copies of the contract (or agreement) both in Chinese and in
the foreign language concerned and the sample version of the item to be
published shall be submitted to the State Bureau of Publication for the record.

    11. With respect to trips abroad and back to China by professional
personnel needed in effecting publication in co-operation with foreign
countries, the competent departments shall simplify the examining and
approving formalities and provide convenience so as to facilitate the smooth
implementation of the contract.

    12. For books and journals published co-operatively, remuneration shall be
paid to the authors on the merits of each case and in accordance with the
existing domestic system of remuneration.

    For manuscripts that are published for the first time, the remuneration
may be slightly higher than the domestic rates.

    If a manuscript that has been published domestically is used, appropriate
fees may as well be paid, which shall in general not exceed 60 percent of the
original remuneration.

    If works of foreign authors are used, the remuneration may be slightly
higher than that which would be paid to domestic authors.

    The aforesaid remunerations shall be paid in Renminbi. The few really
special cases that require payment in foreign exchange, the payment shall,
upon approval by the higher competent departments, be made out of the foreign
exchange that the units concerned have obtained.

    13. In the work of publication in co-operation with foreign countries, it
is imperative for various publishing houses to display the socialist style of
co-operation among themselves, keep each other well informed, and work in
co-ordination when dealing with foreign countries. Differences and
contradictions, should they arise, shall be settled through consultations
among themselves or mediation by higher authorities.

    14. In dealings with foreign countries, it is imperative to strictly abide
by the disciplines related to foreign affairs and uphold our national dignity
and state prestige.





REGULATIONS ON THE QUARANTINE OF IMPORTED AND EXPORTED ANIMALS AND PLANTS

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1982-06-04 Effective Date  1982-06-04 Date of Invalidation  1992-04-01


Regulations of the People’s Republic of China on the Quarantine of Imported and Exported Animals and Plants

Chapter I  General Provisions
Chapter II  Import Quarantine
Chapter III  Export Quarantine
Chapter IV  The Quarantine of Articles Carried by Travellers
Chapter V  The Quarantine of International Mail Parcels
Chapter VI  Transit Quarantine
Chapter VII  Punishments
Chapter VIII  Supplementary Provisions

(Promulgated by the State Council on June 4, 1982) (Editor’s Note: These

Regulations have been annulled by Law of the People’s Republic of China on the
Entry and Exit Animal and Plant Quarantine promulgated on October 30, 1991)
Chapter I  General Provisions

    Article 1  These Regulations are formulated in order to protect the
agriculture, forestry, animal husbandry and fishery of our country and the
health of our people, safeguard our reputation in foreign trade, fulfil our
international obligations, prevent diseases, insects, weeds and other harmful
organisms, which harm animals and plants, from spreading into or out of China
and strengthen the quarantine of import and export animals and plants.

    Article 2  All commercial or non-commercial animals, plants, animal
products, vegetable products and their means of transport which enter, leave
or pass through territories of the People’s Republic of China are within the
quarantine range under these Regulations, particularly including the following:

    (1) Animals: livestock, poultry, wild animals, bees, fish, silkworms, etc.

    (2) Animal products: raw hides, hair, meat, viscera, fat, blood, eggs,
semen, bones, hoofs, horns, etc.

    (3) Plants: cultivated plants, wild plants and their seeds, nursery stock,
propagating materials, etc.

    (4) Vegetable products: grains, beans, pease, cotton, oils, hemp, flax,
tobacco, kernels, dried fruits, fresh fruits, vegetables, raw medicinal
materials, logs, fodder, etc.

    (5) Vehicles, vessels and aircraft carrying animals, plants, animal
products and vegetable products as well as packing, bedding and padding
materials, breeding tools, etc.

    The other goods and means of transport which may carry the objects of
quarantine shall also be put in quarantine.

    Article 3  Animal infectious diseases and parasites, insects and weeds
which are dangerous to plants as well as other harmful organisms (generally
designated as insect vectors) shall be put in quarantine and divided into
the objects of quarantine and quarantinable insect vectors.

    (1) The objects of quarantine mean the insect vectors which are prohibited
from entering China as stipulated by the State. The list of the objects of
quarantine shall be promulgated by the Ministry of Agriculture, Animal
Husbandry and Fishery of the People’s Republic China.

    (2) Quarantinable insect vectors include those put in quarantine as
stipulated in relevant agreements and trade contracts with foreign countries
and those for which the export units have applied for quarantine.

    Article 4  The animal and plant quarantines set up in the ports and
airports of the People’s Republic of China which are open to international
navigation or air traffic as well as on land borders and border rivers, and
the animal and plant quarantine station set up in the capitals of provinces
and autonomous regions concerned (hereinafter generally referred to as port
animal and plant quarantine authorities) are the authorities concerned which
conduct quarantine duties of import and export animals and plants on behalf
of the State.

    Article 5  All animals, plants, animal products, vegetable products and
their means of transport shall be permitted to be imported or exported only
after passing the standard upheld by quarantine.
Chapter II  Import Quarantine

    Article 6  An application shall be made in advance to the Ministry of
Agriculture, Animal Husbandry and Fishery for approval to import animals
and animal products. However, an application shall be made in advance to the
Ministry of Forestry for approval where the import of wild animals and their
products are concerned.

    To import seeds, nursery stock and propagating materials, import
departments shall fill in “Examination and Approval Lists for Quarantine of
Seeds and Nursery Stock Imported” for submission. For those to be imported
by the departments concerned of the State Council, such lists shall be
submitted separately according to the professional division of work to the
Ministry of Agriculture, Animal Husbandry and Fishery or the Ministry of
Forestry respectively for examination and approval; for those to be imported
by the departments of provinces, autonomous regions and municipalities
directly under the Central Government, they shall be submitted to the
Departments (or Bureaux) of Agriculture (Forestry or State Farm and Land
Reclamation) of respective areas for examination and approval.

    Article 7  Any quarantine regulations which China stipulated or agreed
between governments should be indicated on the agreement for trade, technical
co-operation, gift, exchange or assistance for the importation of animals,
plants and their products. The said agreement shall also indicate the
necessity of the enclosure of a quarantine certificate issued by the
authorized organ of the country of export.

    Article 8  Animals, plants, animal products and vegetable products
imported shall be quarantined by port animal and plant quarantine authorities.

    (1) Before or after the arrival of goods in a port, the consignee unit or
its agent shall fill in the declaration for quarantine and submit it (or the
waybill) together with such documents as the quarantine certificate from
the export country to the port animal and plant quarantine authorities for
quarantine.

    (2) For trains or motor vehicles entering the territory, the port animal
and plant quarantine authorities shall carry out quarantine duties and
inspection aboard the train or vehicle together with the border authorities
concerned; for incoming vessels, quarantine duties shall be carried out on
board after the joint inspection; for incoming aircraft, quarantine shall be
implemented on the spot where goods are unloaded.

    Article 9  A “Quarantine Clearance Notice” shall be signed and issued
for all animals, plants, animal products or vegetable products imported in
which no objects of quarantine or quarantinable insect vectors are found
through quarantine, or such clearance shall be stamped on the waybill so as
to permit them to be imported.

    Article 10  For all imported animals or animal products in which the
objects of quarantine and quarantinable insect vectors are found through
quarantine, a “Quarantine Disposal Notice” shall be signed and issued
according to different circumstances and the declarer(s) shall be notified to
dispose of them separately in the following ways:

    (1) The animal(s) which has(have) contracted a serious infectious
disease, and all others in the same flock shall be wholly returned or killed
and its (their) remains shall be destroyed.

    (2) The animal(s) which has(have) contracted a general infectious
disease shall be returned or killed and its (their) remains shall be
destroyed; the other animals in the same flock shall be isolated and put
under observation in the animal quarantine isolation yard or a designated
place.

    (3) The animal(s) which has(have) contracted a non-infectious disease
shall be treated medically.

    (4) Animal products shall be sterilized, returned or destroyed.

    If the animals which are isolated and observed as mentioned in Item (2)
above and which are treated as mentioned in Item (3) do not have any disease
found through quarantine, and if the animal products as mentioned in Item
(4) passed the examination of quarantine after sterilization, they shall be
allowed to be imported.

    Article 11  For the imported plants or vegetable products in which the
objects of quarantine and quarantinable insect vectors are found through
quarantine, a “Quarantine Disposal Notice” shall be signed and issued
according to different circumstances and the declarer(s) shall be notified
to dispose of the same separately in ways such as fumigation, sterilization,
controlled use, return or destruction. They shall be allowed to be imported
if they passed the examinations after such neutralizing treatments as
fumigation, sterilization, etc..

    Article 12  The quarantine and disposition of imported animals, plants,
animal products and vegetable products shall be carried out in the ports of
import.

    Applications shall be made to the Ministry of Agriculture, Animal
Husbandry and Fishery for approval if they shall be transported to a designated
inland place for disposition due to the limitation of the conditions in the
port or other causes. In the course of transportation and handling, strict
measures shall be adopted to prevent the epidemic situation from proliferating
and a notice shall be given to the local quarantine department for
supervision.

    Article 13  The declarer(s) or consignee unit shall deal with the places,
warehouses, means of transport, bedding and padding materials, breeding
tools, etc. which are contaminated by the objects of quarantine or
quarantinable insect vectors as required by the port animal and plant
quarantine authorities.

    Article 14  If any object of quarantine or quarantinable insect vector
is found in imported animals, plants, animal products or vegetable products
through quarantine, the port animal and plant quarantine authorities shall
issue quarantine certificates according to different circumstances.

    Article 15  The following shall be prohibited from import:

    (1) daily injurious insects, animal or plant pathogenic micro-organisms
(including cultures of bacteria, cultures of viruses, biological products) and
other harmful organisms;

    (2) the animals, seeds, nursery stock and propagating materials relating
to a country or area in a serious epidemic situation as well as susceptible
animal products and vegetable products;

    (3) soil.

    The list of the aforesaid which are prohibited from import shall be
publicly announced by the Ministry of Agriculture, Animal Husbandry and
Fishery. If it is necessary, to import any of them for scientific research, an
application shall be made in advance for the special approval by the Ministry
of Agriculture, Animal Husbandry and Fishery.
Chapter III  Export Quarantine

    Article 16  If animals, plants, vegetable products or non-commercial
animal products to be exported are required to be quarantined, the export
unit or its agent shall file a declaration for quarantine in advance, submit
the quarantine certificate from the place of production and declare the same
at the port animal and plant quarantine authorities for quarantine.

    They shall be cleared by a quarantine certificate signed and issued by
the authorities concerned after passing the requisite examination.

    The export quarantine of commercial animal products shall be handled by
the import and export commodity inspection authorities.

    Article 17  The animals, plants, animal products or vegetable products in
which quarantinable insect vectors are found through quarantine shall be
prohibited from export or shall go through neutralizing treatments before
export.

    Article 18  The contaminated areas, warehouses, means of transport,
bedding and padding materials, breeding tools, etc. shall be dealt with as
stipulated in Article 13 of these Regulations.
Chapter IV  The Quarantine of Articles Carried by Travellers

    Article 19  The animals, plants, animal products or vegetable products
carried or consigned by the travellers or communications staff entering the
territory shall be put in quarantine on the spot in port. They shall be
cleared if no objects of quarantine are found through quarantine; those in
which the objects of quarantine are found shall be prohibited from entering
the territory or released only after sterilization. If no quarantine results
can be obtained on the spot, such articles shall be kept in custody pending
further quarantine and the owner shall be informed of the final disposition
of the articles after the quarantine results are obtained.

    Article 20  The raw meat carried or consigned by the travellers or
communications staff shall go through epidemic prevention check before being
permitted to enter the territory.

    Article 21  The animals, plants, animal products or vegetable products
carried or consigned by the travellers or communications staff leaving the
territory shall be put in quarantine with clearance certificates granted in
accordance with the circumstances.
Chapter V  The Quarantine of International Mail Parcels

    Article 22  The plants and vegetable products mailed into the territory
shall be quarantined by the port animal and plant quarantine authorities. A
parcel without and objects of quarantine found through quarantine shall be
cleared by putting a mailing clearance stamp on the parcel. A “Quarantine
Disposal Notice” shall be signed and issued after the quarantine of a parcel
in which the objects of quarantine are found and sent together with the parcel
to the addresses by post. A parcel failing to go through quarantine shall be
returned with a return-label to the sender by post. A “Quarantine Disposal
Notice” shall be signed and issued for a parcel to be destroyed and the
notice shall be sent to the sender by post. Raw animal products shall be
prohibited from entering the territory by post (a small quantity of sample
excepted).

    Article 23  The plants, animal products or vegetable products mailed out
of the territory shall be put in quarantine with clearance certificates
granted according to circumstances.

    Article 24  Permits shall be signed and issued by the Ministry of
Agriculture, Animal Husbandry and Fishery for the importation of daily harmful
injurious insects, animal or plant pathogenic micro-organisms (including the
cultures of bacteria, the cultures of viruses, biological products) and other
harmful organisms as well as the natural enemies of diseases and insect pests.
Chapter VI  Transit Quarantine

    Article 25  For the animals, plants, animal products or vegetable
products in transit through the territory, the carrier shall file a
declaration or a waybill for quarantine and declare them at the port animal
and plant quarantine authorities for quarantine at the port of entry. This
shall be presented together with the quarantine certificate from the country
of origin. They shall not be quarantined again at the port of exit.

    Article 26  If the plants, animal products or vegetable products carried
by a train, truck or aircraft through the territory change means of transport
in one of China’s ports, the exteriors of their packages shall be examined;
if they pass through the territory in the original vehicle, the exterior of
the vehicle shall be examined. If no objects of quarantine are found through
quarantine, a “Quarantine Clearance Notice” shall be signed and issued or a
quarantine clearance stamp shall be affixed on the waybill so as to permit
them to go through. If any objects of quarantine are found, the articles
shall be wholly returned. The contaminated places, tools, etc. shall be dealt
with as stipulated under Article 13 of these Regulations.

    Article 27  If animals in transit have no objects of quarantine found
through quarantine, they shall be permitted to pass through the territory, if
any objects of quarantine are found in them, they shall be wholly returned.
The contaminated places, tools, etc. shall be dealt with as stipulated under
Article 13 of these Regulations.

    The fodder, excrement, urine, padding grass, dirt, remains, etc. of the
animals in transit shall be treated in designated places and shall not be
cast away indiscriminately.

    If any objects of quarantine are found in the fodder of the animals in
transit, the carrier shall be notified to replace the fodder and the original
fodder shall be sterilized on the spot.
Chapter VII  Punishments

    Article 28  Those found in violation of these Regulations shall be
criticized, disciplined or fined according to different circumstances. For
serious cases, punishments shall be given by judicial authorities according
to law.
Chapter VIII  Supplementary Provisions

    Article 29  The units concerned shall render necessary assistance to the
port animal and plant quarantine authorities when they are executing their
duties in ports, airports, stations, post offices, warehouses, etc.

    When the port animal and plant quarantine authorities execute field
quarantine, the declarer(s) shall be present, when necessary, to render such
assistance as moving, opening and repacking packages, etc.

    A certificate for sampling shall be issued if the port animal and plant
quarantine authorities take samples.

    Article 30  The departments in charge shall notify the port animal and
plant quarantine authorities concerned in time of the quarantine clauses in
any agreements or trade contracts entered into and signed with foreign
countries.

    Article 31  When port animal and plant quarantine officers are on
quarantine duties, they shall wear quarantine uniform and insignia.

    Article 32  The port animal and plant quarantine authorities may collect
quarantine fees in the execution of quarantine and the procedures for such
collection shall be formulated by the Ministry of Agriculture, Animal
Husbandry and Fishery.

    Article 33  The rules for the implementation of these Regulations shall
be formulated by the Ministry of Agriculture, Animal Husbandry and Fishery
jointly with the Ministry of Forestry.

    Article 34  These Regulations shall be put into effect as of the date of
promulgation.





ANNOUNCEMENT OF THE STATE COUNCIL ON TAXATION OF JOINT VENTURES AND COOPERATIVE OPERATIONS WITH CHINESE-FOREIGN INVESTMENT

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

Disclaimer: There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Facebook
© LAWS.COM NETWORK 2023-2024