DECISION CONCERNING THE AMENDMENT TO THE LAW ON SINO-FOREIGN EQUITY JOINT VENTURES
RAILWAY LAW OF THE PEOPLE’S REPUBLIC OF CHINA
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The Standing Committee of the National People’s Congress Order of the President of the People’s Republic of China No.32 The Railway Law of the People’s Republic of China which has been adopted at the 15th Meeting of the Standing Committee of the Seventh President of the People’s Republic of China Yang Shangkun September 7, 1990 Railway Law of the People’s Republic of China ContentsChapter I General Provisions Chapter II Railway Transport Business Chapter III Railway Construction Chapter IV Safety and Protection of Railway Chapter V Legal Responsibility Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purpose of ensuring smooth progress of railway transport and railway construction in order to meet Article 2 Railways as referred to in this Law include State railways, local railways, industrial railways and railway private sidings. State railways refer to the railways administered by the competent department in charge of railways under the State Council. Local railways refer to the railways administered by local people’s governments. Industrial railways refer to the railways administered by enterprises or other units to provide in-house transport services. Railway private sidings refer to the branch railway lines which are administered by enterprises or other units and are connected to Article 3 The competent department in charge of railways under the State Council shall be responsible for railway affairs throughout the country, A State railway transport enterprise shall perform the administrative functions as authorized by relevant laws and administrative Article 4 The State shall focus its effort on the development of State railways and provide substantial aid and support to the development of Article 5 A railway transport enterprise must adhere to the socialist orientation in operation and management, pursue the aim of serving the Article 6 Citizens shall have the obligation to take good care of railway installations. Damage to railway installations and disruption of normal Article 7 Local people’s governments at various levels along the railway lines shall assist the railway transport enterprises in ensuring safe Article 8 Regulations governing the technical operations of State railways shall be formulated by the competent department in charge of railways Article 9 The State shall encourage scientific and technological research on railways in order to heighten their scientific and technical level. Chapter II Railway Transport Business Article 10 All railway transport enterprises shall guarantee safe transport of passengers and goods and punctual train arrivals. Article 11 A railway transport contract shall be an agreement in which the mutual rights and obligations between the railway transport enterprise A passenger ticket, a luggage, parcel or goods consignment note shall represent a contract or a constituent part of a contract. Article 12 A railway transport enterprise shall ensure the passenger of riding on a train of the number and on the date stated on the passenger’s Article 13 A railway transport enterprise shall take effective measures to serve the passengers well in a courteous, attentive, warm and cultured A railway transport enterprise shall take measures to protect the environment along railway lines from pollution. Article 14 Any passenger boarding a train shall hold a valid passenger ticket. Any passenger riding on a train without a ticket or with an invalid Article 15 The State railways and local railways shall plan the goods transport on the principle of promoting production and invigorating circulation. Priority in transport shall be given to materials for emergency rescue or disaster relief and other goods and materials that warrant Where goods and materials to be carried by local railways need to be carried by State railways, the transport plan therefore shall Article 16 A railway transport enterprise shall carry the goods, parcels and luggage to their destinations in observance of the time limit stipulated In case a railway transport enterprise fails to deliver the goods, parcels or luggage to their consignee or owner passenger after Article 17 A railway transport enterprise shall be liable to pay compensation for loss, short-delivery, deterioration, contamination, or damage (1) Any shipper or passenger who has voluntarily applied for insured transport of valued articles shall be enpost_titled to an indemnity on (2) Indemnity for goods conveyed not in the manner of insured transport of valued articles shall be on a par with the actual loss but Any shipper or passenger may, on voluntary basis, buy insurance policy for transport of goods at an insurance agency and the insurance Any shipper or passenger may, on voluntary basis, enter into insured transport of valued goods or buy insurance policy for transport Article 18 A railway transport enterprise shall not be liable to indemnity for any loss, in relation to goods, parcels or luggage, caused by (1) Force majeure. (2) Natural property of the goods or articles contained in the parcel or luggage, or natural wear and tear. (3) Fault on the part of the shipper, consignee or passenger concerned. Article 19 Any shipper shall truthfully fill in the goods consignment note, and the railway transport enterprise shall be authorized to check Any deficiency in payment of transport charges and other fees as a result of untrue declaration of the goods shipped shall be made Article 20 Goods consigned for shipment that need packing shall be packed by the shipper in conformity with the national standards for packing A railway transport enterprise shall, with regard to the perishable goods and living animals the shipment of which it has undertaken, Article 21 Upon the arrival of shipped goods, parcels or luggage, the relevant consignee or passenger shall claim them in time in observance Article 22 Any shipped goods that are not claimed for thirty days as of the date of issuing the notice of claim for the shipped goods, or that Any parcel not claimed for ninety days as of the date of issuing the notice of claim for such goods by the railway transport enterprise Dangerous goods and articles the transport of which is restricted according to relevant regulations shall be handed over to the public For articles which are not suitable for storage over a long period of time, the deadline for their disposal may be shortened in accordance Article 23 Passengers, shippers or consignees who are held responsible for any loss of property of a railway transport enterprise shall be liable Article 24 The State shall encourage industrial railways to take up also public passenger and goods transport services on a commercial basis; Any industrial railway which will take up also public passenger or goods (or both) transport services on commercial basis shall report To any industrial railway undertaking commercial public passenger or goods transport, the provisions governing railway transport enterprises Article 25 Passenger fares and tariffs for goods, parcels and luggage shall be worked out by the competent department in charge of railways under Passenger fares, goods tariffs and the items and rates of miscellaneous charges for passenger and goods transport on local railways Passenger fares, goods tariffs and the items and rates of miscellaneous charges for passenger and goods transport on industrial railways Article 26 Passenger fares, tariffs for goods, parcels and luggage, and the items and rates of miscellaneous charges for passenger and goods Article 27 Counterfeiting or alterations of tickets or other certificates which are printed and used in relation to passenger and goods transport Reselling of passenger tickets or other railway transport certificates for profit shall be prohibited. Article 28 Relevant regulations of the State concerning articles the transport of which is prohibited or restricted must be observed in consigning Article 29 Domestic through transport of passenger and goods between railway transport enterprises and highway, air or waterway transport enterprises Article 30 Participation of State or local railways in international through transport must obtain approval from the State Council. Article 31 Military transport on railways shall be handled in accordance with relevant provisions laid down by the State. Article 32 In the event of dispute over a railway transport contract, the railway transport enterprise and the involved shipper, consignee or Where a party does not perform the award of the arbitration agency within the prescribed time limit, the other party may apply to Where no provision on arbitration is made in the contract and no written agreement on arbitration has been reached afterwards, either Chapter III Railway Construction Article 33 Planning for the expansion of railway network shall be based on the demands of national economy, social development and the building Article 34 The construction plan of local railways, industrial railways or railway private sidings must conform to the national railway development Article 35 The planning of any railway track, station, junction area an other related facilities within a planned urban area of a city shall The land-use plan for railway construction shall be incorporated in the relevant overall land-use plan. Land needed for future expansion Article 36 The use of land for railway construction shall be handled in accordance with provisions of relevant laws and administrative rules The relevant local people’s government shall support railway construction and assist the railway transport enterprise to carry out Article 37 Any railway transport enterprise shall, having acquired the right to use any land for railway construction, use the land for the approved The department of land administration under the local people’s government at or above the county level shall order any unit or individual Article 38 The standard railway gauge shall be 1435mm. Standard gauge must be adopted in the construction of a new State railway. For narrow-gauge railways, the gauge shall be 762mm or 1000mm. Other technical requirements for new railways and reconstructed railways shall conform to relevant national standards or trade standards. Article 39 A railway line, after its completion of construction, may, in accordance with the procedures laid down by the State for capital construction, Article 40 At the crossing point of a railway and a highway, priority shall be given to the installation of a grade separation structure; at The removal of an established level crossing or pedestrian cross-walk shall be decided by the railway transport enterprise, or the Article 41 Any railway bridge to be built across a water course shall conform to the requirements for flood prevention, navigation and flow of Chapter IV Safety and Protection of Railways Article 42 A railway transport enterprise must strengthen the control and protection of railways, regularly inspect and repair railway transport Article 43 The railway security organ and the local security authority shall jointly keep the public order along railway lines, in stations and Article 44 The competent department in charge of electric power shall guarantee the power supply for railway traction and critical loads arising Article 45 Hill slopes beyond the right-of-way of and flanking the railway line shall be conditioned as key territories for water and soil conservation Article 46 In case there is any such activity as building an uphill pond, a reservoir, or a dyke or dam; excavating a water course, a trunk channel Unless the approval of the relevant railway transport enterprise is obtained and proper safety and protection measures are provided, Building of any structures or planting of any trees which might hinder a good watch from the driver’s cabin over the railway line Any unit or individual that violates the provisions stated in the preceding three paragraphs shall be liable to compensation for any Article 47 It shall be prohibited to install a level crossing or a pedestrian cross-walk without proper authorization. Necessary signs and protective installations must be provided at level crossings or pedestrian cross-walks in conformity with relevant Pedestrians and vehicles must, when passing a railway level crossing or a pedestrian cross-walk, observe the relevant regulations Article 48 Transport of dangerous goods must be handled in conformity with the regulations formulated by the competent department in charge of Passengers shall be prohibited from carrying any dangerous article into a railway station or a train. Railway security personnel or A list of the descriptions of dangerous articles shall be specified and promulgated by the competent department in charge of railways Article 49 Any railway worker shall have the right to stop any person who is about to damage or destroy, or cause to move or shift, any railway Article 50 It shall be forbidden for anybody to make a covert ride on a goods train, to climb up or hang on to a train in motion, or to hit or Article 51 It shall be forbidden to walk, sit or lie on a railway track. Any railway worker shall have the right to stop such conduct. Article 52 It shall be forbidden to graze livestock within twenty metres of either side of a railway track. Any railway worker shall have the Article 53 Any railway worker shall have the right to stop persons who have gathered up to intercept a train, or to assault a railway traffic Article 54 Any railway worker shall have the right to stop those persons who try to start a riot and rob goods and materials being transported Article 55 Any railway worker shall have the right to stop any person who is picking quarrels and stirring up troubles on board a train causing Article 56 If a certain kind of infectious disease which demands quarantine as stated in legal provisions is discovered in a railway station The quarantine of goods in transport shall be carried out in accordance with relevant regulations of the State. Article 57 In case of any railway traffic accident, the railway transport enterprise shall act in accordance with relevant provisions about the Article 58 A railway transport enterprise shall be liable to compensation for any personal injury or fatality due to traffic accident or other Personal injury or fatality resulting from passing the railway track at a level crossing or via a pedestrian cross-walk in violation Article 59 Major bridges and tunnels of State railways shall be guarded by the Chinese People’s Armed Police Forces. Chapter V Legal Responsibility Article 60 Any person who, in violation of relevant provisions of this Law, has carried any dangerous article into a railway station or on board Any person who carries dynamite or detonator or who illegally carries firearms, bullets or controlled knives into a railway station Article 61 Any person who intentionally damages or destroys or causes to move or shift any railway signalling installation, or places on the Article 62 Any person who steals spare DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE ESTABLISHMENT OF MARITIME COURTS IN COASTAL PORT CITIES
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CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL OF THE NATIONAL DEVELOPMENT ZONES FOR NEW AND HIGH TECHNOLOGY INDUSTRIES AND THE RELEVANT POLICIES AND PROVISIONS
| Category | SCIENCE AND TECHNOLOGY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1991-03-06 | Effective Date | 1991-03-06 |
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Circular of the State Council Concerning the Approval of the National Development Zones for New and High Technology Industries and |
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ANNEX I Requirements and Measures for the Acknowledgement and
ANNEX II Interim Provisions on Policies for the National Development
ANNEX III Provisions on the Tax Policy for the National Development
(March 6, 1991)
In pursuance of the Decision of the Central Committee of the Communist
Party of China on the Reform of the Science and Technology Management System,
a number of development zones for new and high technology industries have
been successively established in recent years in some large and mediumsized
technologyintensive cities and coastal areas, which have promoted the
development of new and high technology industries in our country. In order to
act in the spirit of further implementing the Torch Programme and managing
well the development zones for new and high technology, as advocated in the
Proposal of the Central Committee of the Communist Party of China on the
Formulation of the TenYear Programme and the Eighth FiveYear Plan for
National Economic and Social Development so as to expedite the development of
new and high technology industries, the State Council has decided to
designate another group of existing development zones for new and high
technology industries in various places as national development zones for new
and high technology industries, in addition to the Beijing Experimental Zone
for the Development of New Technology Industries approved by the State
Council in 1988, and to bestow them preferential policies accordingly. The
following are hereby notified:
1. The State Council approves the designation, as examined and determined
by the State Science and Technology Commission, of the following 21
development zones as the national ones for new and high technology industries:
Donghu New Technology Development Zone, Wuhan;
Pukou ExportOriented Development Zone for New and High Technologies,
Nanjing;
Nanhu Science and Technology Development Zone, Shenyang;
Tianjin New Technology Industries Park;
Xi’an Development Zone for New Technology Industries;
Chengdu Development Zone for New and High Technology Industries;
Weihai Torch Development Zone for High Technology Industries;
Zhongshan Torch Development Zone for High Technology Industries;
NanhuNanling New Technology Industries Park, Changchun;
Harbin High Technology Development Zone;
Changsha Experimental Zone for the Development of Science and Technology;
Fuzhou Science and Technology Park;
Tianhe Development Zone for New and High Technology Industries, Guangzhou;
Hefei Science and Technology Industry Park;
Chongqing Development Zone for New and High Technology Industries;
Hangzhou Development Zone for New and High Technology Industries;
Guilin Development Zone for New Technology Industries;
Zhengzhou High Technology Development Zone;
Ningwozhuang Experimental Zone for the Development of New Technology
Industries, Lanzhou;
Shijiazhuang Development Zone for New and High Technology Industries; and
Jinan Development Zone for High Technology Industries.
2. In addition, the Caohejin Development Zone for NewlyEmerged
Technologies in Shanghai, Dalian New and High Technology Industries Park,
Shenzhen Science and Technology Industry Park, Xiamen Torch Development Zone
for High Technology Industries and Hainan International Science and
Technology Industry Park, which have been respectively set up in the economic
and technological development zones and in the special economic zones, are
also designated as the national development zones for new and high technology
industries.
3. The State Council authorizes the State Science and Technology
Commission to be responsible for the examination and determination of the
bounds and the area of each national development zone for new and high
technology industries, and for the relevant management and specific guidance
of each zone.
4. The State Council approves the Requirements and Measures for the
Acknowledgement and Determination of New and High Technology Enterprises in
the National Development Zones for New and High Technology Industries
(Annex I) and Interim Provisions on Policies for the National Development
Zones for New and High Technology Industries (Annex II) both formulated by
the State Science and Technology Commission, and Provisions on the Tax Policy
for the National Development Zones for New and High Technology Industries
(Annex III) formulated by the State Administration of Taxation, which should
all be observed and implemented.
5. In the Beijing Experimental Zone for the Development of New Technology
Industries, all transactions of business should be conducted in accordance
with the Interim Regulations of the Beijing Experimental Zone for the
Development of New Technology Industries, except for the magnitude control of
investment in fixed assets and the reserved percentage of foreign exchange
earned through exportation, which should comply with the existing provisions.
It is of great significance for the readjustment of industrial structure,
the promotion of the traditional industries transformation, the improvement
of labour productivity and the enhancement of international competitiveness
to accelerate the commercialization and industrialization of the achievements
in high technology by relying on our own scientific and technical strength.
All localities and all relevant departments shall strengthen leadership over
and give effective support to the development zones for new and high
technology industries and, in accordance with the relevant provisions and
policies of the State, promote a sound development of new and high technology
industries of our country.
ANNEX I Requirements and Measures for the Acknowledgement and
Determination of New and High Technology Enterprises in the National
Development Zones for New and High Technology Industries
Article 1 These Measures are formulated for the implementation of the
relevant policies and provisions on the national development zones for new
and high technology industries approved by the State Council and the
promotion of the development of new and high technology industries in China.
Article 2 New and high technology enterprises in the national
development zones for new and high technology industries (hereinafter
referred to as the development zones) shall be acknowledged and determined in
accordance with these Measures.
Article 3 The science and technology commissions of provinces,
autonomous regions, municipalities directly under the Central Government and
cities separately listed in planning (hereinafter referred to as the
provincial or municipal science and technology commissions) shall be the
competent organs responsible for acknowledging and determining new and high
technology enterprises in the development zones and for supervising the
implementation of these Measures under the people’s governments of provinces,
autonomous regions, municipalities directly under the Central Government and
cities separately listed in planning. The offices of the development zones
shall, under the leadership of the relevant people’s governments and under
the guidance of the relevant provincial or municipal science and technology
commissions, handle the specific matters in examining and approving the
acknowledgement and determination of new and high technology enterprises.
Article 4 In line with the current state of scientific and technical
development across the world, the scope of new and high technologies is
defined as follows:
(1) microelectronics and electronic information technology;
(2) space science and aero/space technology;
(3) photoelectronics and photo-mechanic-electronic integration technology;
(4) life science and bioengineering technology;
(5) materials science and new-material technology;
(6) energy science and new energy technology and efficient energy-saving
technology;
(7) ecology science and environmental protection technology;
(8) earth science and marine engineering technology;
(9) science of fundamental matters and radiation technology;
(10) medicine science and biomedical engineering;
(11) other new processes and technologies applied on the basis of
traditional industries.
This scope of new and high technologies will be supplemented and revised
in accordance with the continuous development of new and high technologies at
home and abroad, and the State Science and Technology Commission shall
announce the supplemented and revised scope.
Article 5 A new and high technology enterprise shall be an
intellect-intensive and technology-intensive economic entity. The new and
high technology enterprise in a development zone shall meet the following
requirements:
(1) being engaged in the research, development, production and business
operations of one or several high technologies and related products as
specified in Article 4 of these Measures, excluding purely commercial
business operations;
(2) being independent in accounting and management, and responsible for
its own profits and losses;
(3) being headed by scientific and technical personnel who are familiar
with the research, development, production and business operations of the
enterprise’s products, and are full-time employees of the enterprise;
(4) having scientific and technical personnel with the educational
qualification at or above the level of higher learning who shall account for
at least 30 percent of the enterprise’s total staffs and workers; among them
at least 10 percent being engaged in research and development of new and high
technology products;
As for the labour-intensive new and high technology enterprises which are
engaged in the production of new and high technology products or service, the
scientific and technical personnel with educational qualifications at or
above the level of higher learning shall account for at least 20 percent of
their total staffs and workers;
(5) possessing a capital amounting to or exceeding one hundred thousand
yuan (RMB), as well as premises and facilities commensurate with the scale of
the business operation;
(6) spending at least 3 percent of the enterprise’s annual gross income
on the research and development of new and high technology and related
products;
(7) realizing a total of the technological income and output value of new
and high technologies exceeding 50 percent of the annual gross income of the
new and high technology enterprise that generally comprises the technological
income, output value of products from new and high technologies, output value
of products from conventional technologies, and technologically interrelated
trade;
The technological income refers to earnings from technology consultancy
and transfer, the investment in the form of technologies in businesses,
technological service, training, project and contracting, the export of
technologies, the assimilation of imported technologies, and pilotplant
products that are performed by the new and high technology enterprise;
(8) having explicit articles of association and strict technical and
financial management system;
(9) having fixed a business duration of 10 years or longer.
Article 6 For the setting up of a new and high technology enterprise, an
application shall be submitted to the office of the development zone
concerned for examination and acknowledgement, and then to a provincial or
municipal science and technology commission for approval, and a certificate
of new and high technology enterprise shall be issued by the approving
commission.
Article 7 The offices of the development zones shall, in accordance with
requirements specified in Article 5 of these Measures, make regular
inspections on new and high technology enterprises. Enterprises which fail to
meet the aforesaid requirements may not enjoy the treatment provided for by
different policies for the national development zones for new and high
technology industries.
Article 8 The time limit for the products to be listed as new and high
technology ones shall usually be no longer than five years. The time limit
may be extended to seven years after approval for new and high technology
products that need a longer technical cycle.
Article 9 Any change in the scope of business operation, amalgamation or
breakup, divertion in trade, removal to a new site or close-down of new and
high technology enterprises shall be approved beforehand by the office of the
development zone concerned. The enterprises shall register such changes with
the relevant departments in charge of industry, commerce and taxation.
Article 10 Any State-owned scientific and technological research unit
located in a development zone which has become a financially independent unit
after the reduction of its Statefunded administration and undertaking
expenses according to the provisions of the State and which meets the
requirements specified in Article 5 of these Measures may be acknowledged as
a new and high technology enterprise upon verification by the office of the
development zone concerned.
Article 11 These Measures shall replace the Interim Provisions on the
Requirements and Standards for the Acknowledgement and Determination of New
and High Technology Enterprises promulgated earlier by the State Science and
Technology Commission.
Article 12 The provincial and municipal science and technology
commissions shall work out detailed rules for the implementation of these
Measures. Any discrepancy found in the original detailed rules for the
implementation shall be revised in accordance with these Measures.
Article 13 The State Science and Technology Commission shall be
responsible for the interpretation and revision of these Measures.
Article 14 These Measures shall be put into effect as of the date of
approval by the State Council.
ANNEX II Interim Provisions on Policies for the National Development
Zones for New and High Technology Industries
Article 1 These Provisions are formulated to foster the establishment of
new and high technology industries development zones in our country and
promote the development of new and high technology industries.
Article 2 These Provisions shall apply to new and high technology
enterprises in the national development zones for new and high technology
industries acknowledged and determined in line with the “Requirements and
Measures for the Acknowledgement and Determination of New and High Technology
Enterprises in the National Development Zones for New and High Technology
Industries” formulated by the State Science and Technology Commission.
Article 3 These Provisions cover all preferential policies except for
tax policy.
Article 4 Matters concerning preferential tariffs and duties on imports
and exports shall be dealt with in accordance with the following stipulations:
(1) For importing raw materials and component parts destined for
processing export products by new and high technology enterprises in the new
and high technology industries development zones, import license shall be
exempted. The Customs in charge shall check and release the above-mentioned
raw materials and parts against the export contracts and approval papers
issued by the new and high technology industries development zones.
(2) Subject to the approval by the Customs, new and high technology
enterprises may set up in the new and high technology industries development
zones bonded warehouses or bonded factories. The Customs shall exempt import
duties, tax for the import products and tax on the added value of products in
accordance with the provisions on processing imported raw materials and parts
and the real export volume of the processed products.
(3) The export products of new and high technology enterprises, except
for those restricted by the State or those otherwise stipulated, shall be
exempted from export duties.
(4) Bonded export products shall not be marketed at home unless approved
by the original examination and approval authorities and the Customs, and
duties shall be levied according to the regulations. Of these products, those
that are specifically rationed by the State or require import license shall
go through the procedures for approving the import or for applying for the
import license according to the relevant provisions of the State.
(5) The import of apparatus and equipment to be used by new and high
technology enterprises for the development of new and high technology and
which cannot be made at home shall be exempted from import duties against the
approval papers issued by the examination and approval authorities and after
the verification by the Customs.
The Customs may, when deeming it necessary, set up agencies or station
supervisory groups in the new and high technology industries development
zones to supervise and control the imports and exports.
Article 5 As regards import and export business, it is stipulated as
follows:
(1) With the approval of the Ministry of Foreign Economic Relations and
Trade, technology import and export corporations may be set up in the new and
high technology industries development zones to promote the access of new and
high technology products to international markets.
(2) According to the relevant provisions of the State new and high
technology enterprises with good results in export business may be granted
the right to handle foreign trade transactions. New and high technology
enterprises may, with approval by relevant departments, set up branches
overseas according to business needs.
Article 6 As regards capital and credits, it is stipulated as follows:
(1) Banks shall give an active support to new and high technology
enterprises and do their best to provide enterprises with funds needed for
their development, production and construction.
(2) Banks may arrange the issue of long-term bonds in definite sums for
the new and high technology industries development zones so as to raise funds
from the society to help the development of new and high technology
industries.
(3) Departments concerned may establish venture investment funds in the
new and high technology industries development zones for the development of
new and high technology products with greater risks. Venture investment
companies may be set up in the new and high technology industries development
zones where conditions are available.
Article 7 The capital construction projects for production and sales of
new and high technology enterprises shall be carried out according to the
overall plan, and be given priority to be brought into the local fixed
capital investment programmes.
Article 8 Approved by the local people’s governments, new and high
technology enterprises may be exempted from subscribing for State key
construction bonds.
Article 9 The new and high technology products developed by new and high
technology enterprises which have met qualifications of the import products
of the same kind in all quality standards and with a certain production scale
shall, after being examined and approved by the State Science and Technology
Commission jointly with other departments concerned, be listed in the
catalogue of the Staterestricted import commodities, and imports of such
products shall be restricted according to the existing regulations on import
control.
Article 10 Prices of new products developed by new and high technology
enterprises involving Statecontrolled prices (including State-set and
State-guided prices), except for those of specific varieties that shall be
fixed by departments in charge of price control, may be fixed by the
enterprises themselves during a definite period of trial sale of the products
but shall report to departments in charge of the enterprises and price
control for record. Prices of new and high technology products which are not
under the State price control may be fixed by the enterprises themselves.
Article 11 New and high technology enterprises may apply accelerated
depreciation of their apparatus and equipments used for development of new
and high technologies and production of their products.
Article 12 All tax payments from new and high technology enterprises in
the new and high technology industries development zones, if not affecting
the portion to be handed over to the central financial department and with
the approval of the local people’s governments, shall be based on the level
of such payments levied in 1990, and the amount of taxes collected in excess
thereof shall be returned, for a period of up to five successive years, to
the new and high technology industries development zones for their further
construction.
Article 13 Matter related to overseas trips more than once in a year
made by business and technical personnel of new and high technology
enterprises shall be dealt with in accordance with the Circular of the
General Office and the State Council Concerning the Transmission of the
Request for Instructions Submitted by the State Science and Technology
Commission to Simplify the Examining and Approving Procedures for Certain
People of New and High Technology Enterprises with Respect to Their Multiple
Exit from the Country.
Article 14 All localities and departments shall, when planning
employment and recruiting staffs and workers, give priority to needs of new
and high technology enterprises for recruiting university graduates and
postgraduates, as well as returned students and experts.
Article 15 People’s governments of provinces, autonomous regions,
municipalities directly under the Central Government or cities separately
listed in plan where the new and high technology industries development zones
approved by the State are located may work out measures for implementation in
line with these Provisions.
Article 16 The State Science and Technology Commission shall, jointly
with other departments concerned, inspect at regular intervals the new and
high technology industries development zones. The implementation of
preferential policies shall be suspended in those zones poorly managed or
showing slow progress, even to the degree of cancellation of their
qualifications as the national new and high technology industries development
zones.
Article 17 The State Science and Technology Commission and other
departments concerned shall be responsible for the interpretation of these
Provisions.
Article 18 These Provisions shall be put into effect as of the date of
approval by the State Council.
ANNEX III Provisions on the Tax Policy for the National Development
Zones for New and High Technology Industries
Article 1 These Provisions are formulated in order to accelerate the
healthy development of new and high technology industries of our country and
to further promote the establishment of the new and high technology
industries development zones.
Article 2 These Provisions shall apply only to the acknowledged and
determined new and high technology enterprises (hereinafter referred to as
development zone enterprises) in the new and high technology industries
development zones (hereinafter referred to as development zones) approved by
the State Council.
Article 3 The acknowledgement requirements and standards for the
development zones and development zone enterprises as well as the scope of
new and high technologies and the products thereof shall be dealt with
according to the unified provisions formulated by the State Science and
Technology Commission.
Article 4 The income tax of development zone enterprises shall be levied
at a reduced rate of 15 percent from the date of their acknowledgement and
determination.
Article 5 When the output value of export of a development zone
enterprise exceeds 70 percent of its total annual output value, the income
tax shall be levied at a reduced rate of 10 percent after being verified by
the taxation authorities.
Article 6 A newly-established development zone enterprise may, upon
approval by the taxation authorities of an application filed by the
enterprise, be exempted from income tax in the first two operation years.
A Chinese-foreign equity joint venture newly-established as a development
zone enterprise and scheduled to operate jointly for a period of 10 years or
more may, upon approval by the taxation authorities of an application filed
by the enterprise, be exempted from income tax in the first two years after
it has begun to make a profit.
Development zone enterprises using foreign investments within the special
economic zones and economic and technological development zones shall be
subject to the administration of relevant tax policy of the special zones or
economic and technological development zones, and shall not be restricted by
the provisions of the above two paragraphs of this Article.
On the expiration of the tax-free period, considerations of appropriate
tax reductions or exemptions for a definite period of time may, upon
approval, be given to the enterprises which still have real difficulties in
tax payment.
Article 7 Development zone enterprises using domestic investments with
an annual net income not exceeding 300,000 yuan (RMB) from technological
transfer and consultation, services and trainings related to this transfer
shall be temporarily exempted from income tax for the above-mentioned amount;
for the portion exceeding 300,000 yuan (RMB), income tax shall be levied
according to the appropriate tax rate. For all new and high technology
products developed under the “Torch Programme”, and conforming to exemption
and reduction conditions for new products, the amount derived from tax
exemption or reduction on products and on the added value of products shall
be used specially for the technical development and shall be exempted from
income tax.
Article 8 The amount derived from tax exemption or reduction for
development zone enterprises using domestic investments shall be regarded as
national support funds managed under an independent accounting system, and
shall be specially used for the development of new and high technologies and
their products under the supervision of relevant departments.
Article 9 For a development zone enterprise jointly run with another
investing party, the party shall, according to its own enterprise financial
system, pay retroactively the income tax or the portion to be handed over to
its superior department from the profit distributed to it after deducting the
tax levied in the development zone.
Article 10 For development zone enterpri
PROVISIONAL RULES ON ADMINISTRATION OF ALLOCATED LAND USE RIGHT
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(Effective Date:1992.03.08–Ineffective Date:)
Article 1. With a view to implementing “PRC Regulations on Leasing and Transferring of the Right to Use State-owned Urban and Rural Land” (hereinafter Article 2. Allocated land use right denotes the right to use State-owned land procured by land users through means other than land-use right Article 3. These rules are applicable to the transferring, leasing and mortgaging of the right to use allocated land (hereinafter referred to Article 4. The land administrations of the people’s governments above the county level shall control and supervise in accordance with law the Article 5. Land users who have not got approval from land administrations of municipal or county people’s governments and fail to go through Article 6. Land users conforming to the following conditions may transfer, lease and mortgage land use right upon approval by land administrations a. They are corporations, enterprises, other economic entities and individuals; b. Bearer of State-owned land use right certificate; c. Bearer of legal documents of premises and other attached structures and properties on land; and d. Those who sign land use right leasing contract in accordance with the “Regulations” and these rules and pay lease fees to municipal Article 7. The transfer of land use right denotes the transfer to others of land use right or the right along with the premises and other attached The original owner of the land use right is the transferor and the party that receives the land use right is the transferee. Article 8. Ways of land use right transfer cover sales, exchange, donations, etc. Sale means that the transferor trades land use right for given benefits. Exchange means the exchange of land use rights among land users. Donation means that the transferor transfers land use right gratis to the transferee. Article 9. Leasing of land use right means that land users lease land use right or the right along with the premises and other attached structures The original owner of land use right is the lessor and the party that rents the right is the lessee. Article 10. Mortgaging of land use right means that land users mortgage mortgageable land use rights as a guarantee for clearance of debts. The original owner of the land use right is the mortgagor and the mortgage holder is the mortgagee. Article 11. In transferring and mortgaging land use right, ownership of the premises and attached structures and properties on the land in question In leasing land use right, the use right of the premises and attached structures on land is correspondingly leased; in leasing the Article 12. Land users who transfer, lease or mortgage land use right must bear State-owned land use certificate and legal documents of the premises Article 13. Land administrations of municipal or county people’s governments must give a reply in 15 days as of the date of receipt of written Article 14. Land administrations of municipal or county people’s governments, through negotiations, sign land use right transfer contract with Article 15. Both parties involved in transfer, leasing or mortgaging of land use right shall, in accordance with relevant laws, decrees and the Article 16. Land users shall, within 60 days after the signing of land use right leasing contracts, pay lease fees to local municipal or county Article 17. Both parties shall, within 15 days after the registration of a land use right lease, go to land administrations of municipal or county To get them registered, it is necessary to present the following documents and materials: a. Certificate of State-owned land use; b. Land use right leasing contract; c. Contract on transfer, leasing and mortgaging of land use right; and d. Other documents and materials deemed necessary by the land administrations of the municipal or county people’s governments. Article 18. When land use right is transferred, the rights and obligations recorded in the land use right leasing contract and the registration Article 19. In leasing and mortgaging land use right, the lessor or mortgagor must continue to implement the land use right leasing contract. Article 20. After land use right is transferred, if the lessee has the need to change the contents as defined in the land use right leasing contract, Article 21. After land use right is leased, the lessee must not add permanent premises and structures. If it is necessary to build interim premises After land use right is leased, if the lessee has the need to change the content as defined in the land use right leasing contract, Article 22. After the termination of the land use right leasing contract, the lessor shall, within 15 days as of the date of termination of the Article 23. After the termination of the land use right mortgaging contract, the mortgagor shall, within 15 days as of the date of termination Article 24. If the mortgagor fails to honor his debt due, or the mortgagor is disbanded or goes bankrupt during the effective period of the mortgaging Land users who procure land use right through disposing of mortgaged properties must, within 15 days of the date of procurement of Article 25. When land users who are transferring, leasing or mortgaging the land use right are going through procedures to lease land use right, Article 26. Land use right leasing fees are charged in accordance with different means of transferring, leasing or mortgaging to a given proportion Article 27. Land use right fees are collected and managed in accordance with relevant State regulations by land administrations of local municipal Article 28. When the lease term of the land use right is due, land users must, with 15 days as of the date of maturity of the term, bear the Article 29. After the lease term of the land use right is due, if land users transfer, lease or mortgage the land use right again, they shall, Article 30. During the period of land use right leasing, the State, under special circumstances and in accordance with the public interest, may Article 31. If land users fail to pay all lease fees within the period as prescribed in the land use right leasing contract, the lessor has the Article 32. If a land user fails to go through formalities for land registration in transferring, leasing and mortgaging land use right, his Article 33. Units and individuals who transfer, lease or mortgage land use right without approval shall be dealt with by land administrations Article 34. If an involved party does not agree with administrative punitive decisions by land administrations, it may bring a suit to the local Article 35. Land administrations of people’s governments above the county level should strengthen supervision over and examination of the transferring, Article 36. When land administrations are checking or examining the transferring, leasing or mortgaging of land use right, the units or individuals Article 37. In supervision and examination, land administrations may take the following measures: a. To check or copy documents or materials; b. To ask the units or individuals under supervision or examination to present or send documents and materials and other information c. To order the units or individuals to stop land-related acts underway that violate the law. Article 38. The expenses of land administrations in handling leasing of land use right are covered according to relevant State regulations. Article 39. Organizations other than economic entities engaged in transferring leasing or mortgaging land use right are handled in the light Article 40. Collaboration with others in building houses and running joint ventures with land use right as the condition is deemed as transfer Article 41. Land administrations of municipal or county people’s governments should organize task forces to check up on the unauthorized acts Article 42. The right to interpret these rules rests with the State Land Administration. Article 43. These rules come into force as of the date of promulgation.
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DECISION OF THE CENTRAL COMMITTEE OF THE COMMUNIST PARTY OF CHINA AND THE STATE COUNCIL ON ACCELERATING DEVELOPMENT OF TERTIARY INDUSTRY
| Category | GENERAL | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-06-16 | Effective Date | 1992-06-16 |
|
Decision of the Central Committee of the Communist Party of China and the State Council on Accelerating Development of Tertiary Industry |
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I. Accelerating Development of the Tertiary Industry is of Great Strategic
II. The Goal and Key Areas of the Tertiary Industry to be Quickly
III. Main Policies and Measures for Development of the Tertiary Industry
(June 16, 1992)
With a view to taking advantage of the present opportunity, speeding up
steps of reform and opening up, concentrating efforts to facilitate
economic construction and in accordance with the Ten-Year Programme and Eighth
Five-Year Plan on National Economic Development and Social Progress, the
tertiary industry should be developed comprehensively and swiftly.
I. Accelerating Development of the Tertiary Industry is of Great Strategic
Significance
1. Speedy development of the tertiary industry is the necessary result of
the growth of productivity and social progress. The situation of the tertiary
industry is an important indicator by which economic development is
measured in a modern society. The tertiary industry of our country suffers
slow and backward development which falls short of demands of national
economic development. The law of economic development observed in many
countries indicates that when an economy is developed to certain level,
the tertiary industry normally enjoys more speedy development than the first
and secondary industries and obviously plays a role of impetus to the overall
growth of national economy. Our country has just entered that stage. With a
view to smoothly realizing the gigantic objectives of socialist modernization,
we must catch up with the opportunity and promote development of the tertiary
industry to a new level.
2. Acceleration of the development of the tertiary industry can facilitate
the forthcoming of a fully developed market, improve socialization and
standardization of service industry, strengthen social security and be
beneficial to smooth implementation of a series of reforms in respect to
labour, wage, price, operational mechanism in enterprises and the
circulation system, and be beneficial to further opening up, attraction of
larger foreign investment, institutional simplification, efficiency growth
and to gradual change of the undesirable status quo that government
agencies, institutions and enterprises take on what ought to be done by
the society. Consequently the tertiary industrial development can create
better conditions for development of reform and opening up in a broader and
in-depth area.
3. Our country suffers low industrial economic efficiency, low
commercialization of agricultural products, retarded circulation and
financial difficulties which has severely impeded further development of
the national economy. One of the important reasons for which those problems
arise is the ill structure of the whole economy, which can be indicated by
the fact that the tertiary industry falls short of demands of the first and
secondary industries. Even low investment in the tertiary industry can
create immediate efficiency and good social effect. To quicken development of
the tertiary industry can, on one hand, readjust ratio of three
industries and optimize the overall structure of national economy and, on the
other hand, effectively alleviate in-depth structural contradictions of the
economic life and promote faster economic growth.
4. The 1990s sees large number of new grown-up labour and those labour
that are removed from the first and secondary industries waiting for
reemployment. The tertiary industry has particular advantages in recruitment
of labour; variety of trades and occupations; co-existence of labour;
technology and knowledge concentrated professions which can recruit large
number of various personnel of different levels, especially large number of
technological and specialized talents. To accelerate development of the
tertiary industry is a major solution to alleviation of employment pressure
which is becoming more and more serious in our country.
5. Towards the end of this century our people’s lives will become fairly
better off. Compared with the living standard of sufficient food and
clothing, the level of well-to-do livelihood does not only mean certain
standards of income already satisfied, but more importantly it should be
measured in terms of commercialization of services and living quality of
residents. Along with economic development and increase of income, the
people are asking for more and higher demands not only upon material life in
respect to clothing, food, housing, transportation, communication, hygiene and
living environment, but also upon cultural life in respect to cultural
entertainment, broadcasting, movies and TV programmes, publications, physical
training and recuperation, and tourism. Only when the tertiary industry is
quickly developed could the ever increasing material and cultural demands of
the people be satisfied and the construction of the socialist material and
cultural, ethical civilization be advanced.
II. The Goal and Key Areas of the Tertiary Industry to be Quickly
Developed
6. In the light of national circumstances, we have categorized national
economy into three productive industries with agriculture being the first
productive industry, manufacture and construction the secondary industry
and all trades other than the abovementioned being categorized as the
tertiary industry including circulation departments, departments that
serve production and livelihood and departments that provide services for
improvement of science and culture awareness and quality of citizens.
7. The goal of accelerating the tertiary industry development is to
gradually establish, in about ten years or longer times, an integrated
socialist market system, a comprehensive socialized service system in both
cities and countryside and a social security system, all of which are adapted
to circumstances of our country. In 1990s, development of the tertiary
industry should enjoy higher speed than before along with development of the
first and secondary industries so that the overall national economy could be
brought to a new stage every couple of years. For this purpose, the tertiary
industry should enjoy development at higher speed than the first and secondary
industries. The proportion of the tertiary industry value to GNP and the
proportion of the employment in the tertiary industry to the total social
labour should be brought up to or nearly to the average level of that
proportion in developing countries.
8. Key areas of the tertiary industry to be developed at high speed are
specified as the following:
— Firstly, trades which require small investment but generate immediate
result and high efficiency, have large capacity of labour recruitment and
direct relevance to economic development and people’s livelihood. Such trades
mainly refer to those in commerce, goods and materials, external trade,
banking, insurance, tourism, real estate, storehousing, neighborhood services,
catering, entertainment, hygiene, etc.;
— Secondly, those newly developed trades related to scientific and
technological progress, which mainly consist of consultancy (including
consultancy in science and technology, law, accounting and auditing, etc.),
information and various technical services, etc.;
— Thirdly, the tertiary industry in countryside, which mainly refer to
those trades that provide services before, during and after harvest or offer
services for improvement of farmers quality and living standards;
— Fourthly, those basic trades that have comprehensive influence upon
and guiding significance for development of national economy, including
communication and transportation, posts and telecommunications, scientific
research, education and other public undertakings, etc..
III. Main Policies and Measures for Development of the Tertiary Industry
9. All positive factors including the state, collectives and individuals
should be fully mobilized. Economic collectives, private-run enterprises
and individuals in both cities and countryside should be given free rein to
develop those trades which are small in investment, quick in result,
concentrated with labour and directly serve production and livelihood. The
trades that have comprehensive influence upon and guiding significance
to national economic development should be mainly run by the state, but
competition should be introduced so that under uniform planning and
management localities, departments and economic collectives could also be
mobilized to establish such trades. The acceleration of the tertiary industry
development should principally depend on social forces subject to the
principle of “whoever invest will hold the ownership and be the beneficiary”.
The state should not be dependent upon too much for investment.
10. Acceleration of steps for development of the tertiary industry should
depend upon deepening reform and further opening up. Reforms and trials in
different forms should be conducted actively. Overseas funds, technologies
and marketing channels should be utilized boldly. Multiple approaches and
methods such as issue of stocks and bonds should be adopted to collect
funds. The form of business groups should be promoted actively so that
limits of departmental, regional or trade ownership could be broken through
and national and regional enterprise groups in the tertiary industry could
be established to the benefit of accelerated development of the tertiary
industry. All practices that are proved by reality to be effective should
be spread as soon as possible. Those that do not bring forth obvious
result should be tried continuously. Those practices that are proved really
unsuccessful should be changed to other forms.
11. A vital self-development mechanism oriented to industrialization
should be established for the tertiary industry progress. Most of the tertiary
industry organizations should be transformed to business entities or
operated in business manner and try to be independent in operation and
responsible for both wins and losses. Most of the present tertiary industry
organizations which are charity like or public welfare or public undertaking
like should be gradually transformed into business entities under corporate
management.
12. Where conditions permit, present information, consultancy
institutions and internal service installments and transport vehicles
attached to state organs or enterprises and public institutions should, to
the direction of socialization, be open, in an active manner, to the society
for paid services subject to confidential and safety requirements. Conditions
should be created to make those institutions to be divorced from their
original units, to be independent in operation and accounting. At the same
time social service organizations should be encouraged to contract rear
services, management of retired personnel and other routine work of state
organs, enterprises and public institutions. The close self-service systems
which are often ” big and complete” or “small but complete” should be broken.
Abovementioned services should be socialized gradually.
13. Enterprises of the tertiary industry should be encouraged to attempt
transdepartmental, transregional or conglomerate merger of other industrial
enterprises that should be closed, suspended, merged or changed in line of
production, and should be rendered preferential support in terms of assets
transfer, liability settlement, credit and taxation. This should be an
important measure for readjustment of industrial structure.
14. Part of administrative personnel should be actively encouraged to be
separated from administration and to enter trades of services. Those people
that have been separated should be divorced from the administrations. Those
trades that serve production and people’s lives should be developed
vigorously and should recruit as many personnel separated from
administration as possible so that conditions could be created for smooth
progressing of government organizational reform and staff reduction.
15. To advance reform in labour and personnel system, the tertiary
industry enterprises should be offered discretion with labour employment. The
practice of discharge and resignation should be institutionalized gradually
so as to realize mutual selection in employment. Those institutions that
are operated in business manner and no longer need financial allocation
should be given freedom in recruitment of personnel and independence in
determination of staff size. Those institutions that only partially
depend upon financial allocation should be given more freedom in expansion
of staff size. Surplus labour with industrial enterprises, especially those
skilled personnel, should be encouraged to move to the tertiary industry.
Graduates from colleges and training schools and armymen to be transferred to
civilian work should be encouraged to work in units of the tertiary industry.
16. Price system should be reformed according to the law of value so that
the long standing problem of insufficient value compensation for the
tertiary industry could be solved. Except for a few items for which it is
really necessary for the state to set the prices and fee collection
standards, most of the prices and service fee standards in the tertiary
industry should be open, subject to floating prices, negotiated prices and
self-quoted prices so that a reasonable price parity could be established.
17. International business should be encouraged. Some large and medium
sized state-run commercial and materials enterprises should be authorized
with the power to import and export business. Where condition permits
external business development should be promoted energetically and active
efforts should be made to establish China-run enterprises overseas. Subject
to approval, large and medium-sized state-run external enterprises can be
authorized the right to enter domestic market so that business could be
operated in a uniform manner within both domestic and global markets.
Procedures regarding examination and approval of overseas business
development should be further simplified.
18. Banking, taxation and other economic measures should be adopted for
development of the tertiary industry. Demand for loans by key trades should be
satisfied through arrangements under credit planning. Banks and both city and
township credit cooperatives can issue small loans, for maintenance of
fixed assets and simple equipment, to those collective and private
enterprises, individual industrial and commercial households who have good
efficiency and repayable capacity. When it is really necessary, taxation
upon newly established tertiary industry enterprises may, according to
industrial policies, be delayed or deducted over certain period of time.
19. Procedures regarding examination and approval should be simplified
so as to alleviate business opening difficulties with establishments of the
tertiary industry. Business autonomy of the tertiary industry enterprises
should be set free. Such enterprises should be permitted to adopt more
flexible operations and expand business scope while their administration
and supervision should be strengthened effectively.
20. Legal systems governing the tertiary industry should be strengthened.
Relevant laws and regulations regarding corporate and market behavious should
be formulate more speedily. Enterprises should operate according to law
while administrative authorities and economic superintendent departments
should exercise administration and supervision according to law so that the
tertiary industry could enjoy healthy development in a legal approach.
21. Planning and administration of the tertiary industry should be
strengthened. Different regions have different economic structure and
development level. Their tertiary industry development should also be
different in development focus and speed. Development focus should be
determined in the light of local circumstances and in accordance with state
industrial policies. Investment, credit, employment and land use in the
interest of the tertiary industry should be placed under the overall
development planning and general arrangements of cities and townships. All
regions and departments should formulate programmes for implementation of
the present Decision and revise at the soonest possible time those policies
or regulations that run counter to the present Decision.
The Party Central Committee and the State Council call for close
attention of the whole party and governments at different levels to the
development of the tertiary industry. All party and government officials
at different levels should unify ideology, renew conception, broaden
thinking, give play to creativity and mobilize the cadres and the people to
work strenuously for realization of the important strategic tasks of the
tertiary industry development.
CIRCULAR OF THE STATE COUNCIL CONCERNING THE PILOT PROJECT FOR NATIONAL TOURIST VACATION AREAS
| Category | TOURISM | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-08-17 | Effective Date | 1992-08-17 |
|
Circular of the State Council Concerning the Pilot Project for National Tourist Vacation Areas |
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For the purpose of further expanding the opening up of our country,
developing and exploiting our country’s rich tourist resources, promoting the
transformation of the sightseeing industry into a sightseeing and vacationing
industry in our country, and expediting the development of tourism, the State
Council has decided to launch a pilot project for national tourist vacation
areas in the places where the conditions are ripe, in which enterprises and/or
individuals from abroad and/or Taiwan, Hong Kong and Macau (hereinafter
referred to as the foreign investors) are encouraged to invest in the
development of tourist facilities and tourist businesses. A circular is hereby
promulgated as follows:
1. National tourist vacation areas refer to comprehensive tourist areas
established in conformity with international requirements for vacation tours
and mainly open to overseas tourists. The areas shall be bounded clearly and
shall be located in the places which are suitable for concentrating complete
sets of tourist facilities, abundant with tourist vacation resources and
source of tourists, convenient for communications and have relatively firm
foundations of foreign relations.
2. The State encourages the development of tourism and treats it as a key
industry for earning foreign exchange. National tourist vacation areas shall
be granted the following preferential policies:
(1) The income tax on the enterprises with foreign investment established
within the areas shall be levied at a reduced rate of twenty-four percent.
Among them, enterprises with foreign investment of a productive nature
scheduled to operate for a period of not less than ten years shall, from the
first year of beginning to make a profit, be exempted from income tax in the
first and second years and allowed a fifty percent reduction in the third to
fifth years.
(2) Building materials, production and management equipment,
transportation equipment and office supplies imported for enterprise use and
included in the total amount of investment by enterprises with foreign
investment established within the areas, as well as settling-in articles and
transportation equipment imported in reasonable quantities by foreign
investors or technicians or other personnel residing in the areas, shall be
exempted from customs duties and consolidated industrial and commercial taxes.
Raw materials, spare parts, components, fittings, auxiliary materials and
packaging materials imported for the production of tourist export goods shall
be treated as bonded goods by Customs.
(3) Machinery, equipment and other materials for capital construction
required by the construction of infrastructure within vacation areas shall be
exempted from customs duties and product taxes (or value-added taxes).
(4) Foreign exchange payment shops may be established within the areas.
The examination and approval of these shops shall be handled according to the
relevant State provisions.
(5) Tourist automobile companies with Chinese-made automobiles and in
co-operation with foreign investors may be established within the areas.
Chinese-made automobiles purchased by the companies within a verified quantity
shall be exempted from the horizontal supporting fees, surcharges for
purchases of motor vehicles and extra consumption taxes. Tourist automobile
companies established by domestic enterprises within the areas may be treated
in reference with the above-mentioned policies. Such automobiles shall be used
only by tourist automobile companies established within the areas, and shall
not be transferred to others for sale. These policies shall be put into effect
by the State Planning Commission in consultation with other relevant
departments.
(6) Tourist agencies of Category 1 in co-operation with foreign investors
may be established within the areas for overseas tourist services. The
National Tourism Administration shall be in charge of the examination and
administration of the tourist agencies.
(7) The development of land for the construction within the areas shall be
handled according to the Interim Regulations of the People’s Republic of China
Concerning the Assignment and Transfer of the Right to Use of State-Owned Land
in the Urban Areas. Fees for the assignment of land use rights shall, within
five years from the approval date of the establishment of the areas, be
reserved within the areas for the construction of infrastructure.
(8) Tourist foreign exchange earnings derived from the areas shall, within
five years from the approval date of the establishment of the areas, be
reserved in full as foreign exchange quotas for the sustained development of
the areas.
3. Projects for tourist facilities built with foreign investment within
national tourist vacation areas shall, if the amount of investment falls
within the limit of powers for approval laid down by the State Council, be
examined and decided by the provinces, autonomous regions and municipalities
directly under the Central Government, and cities separately listed under the
national plan; those of projects for tourist lodging facilities shall be
submitted to the National Tourism Administration, the State Planning
Commission and the Ministry of Economic Relations and Foreign Trade for the
record. If the amount of investment exceeds the limit of powers for approval
laid down by the State Council, the projects shall be decided according to the
relevant State provisions. For enterprises established for projects of tourist
lodging facilities built with foreign investment, their term of operation
shall not exceed thirty years in principle.
4. The pilot project for national tourist vacation areas shall be
submitted by local people’s governments to the State Council for examination
and approval.
5. The pilot project for national tourist vacation areas is an important
arrangement in order to deepen the reform, expand the opening of the tourist
industry, change the structure of tourist products in our country, upgrade the
tourist products and improve their competitive power in the international
market. Departments concerned under the State Council and local governments
concerned shall make proper planning in real earnest and do a good job for
this pilot project. It’s inadvisable to establish too large-scale national
tourist vacation areas in the opening stages. They should gradually develop
from small to large.
CIRCULAR OF THE STATE SCIENCE AND TECHNOLOGY COMMISSION, THE STATE ECONOMIC RESTRUCTURING COMMISSION ON PRINTING AND ISSUING THE INTERIM PROVISIONS ON SEVERAL ISSUES CONCERNING THE ESTABLISHMENT OF HIGH AND NEW TECHNOLOGY INCORPORATED COMPANIES WITHIN NATIONAL HIGH AND NEW TECHNOLOGY INDUSTRY DEVELOPMENT ZONES
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The State Science and Technology Commission, the State Economic Restructuring Commission Circular of the State Science and Technology Commission, the State Economic Restructuring Commission on Printing and Issuing the Interim GuoKeFaGaiZi [1992] No.796 November 19,1992 All the people’s governments of provinces, autonomous regions, municipalitie directly under the Central Government, ministries, commissions “Interim Provisions on Several Issues Concerning the Establishment of High and New Technology Incorporated Companies within National Article 1 These Provisions are formulated in accordance with the Opinions on the Standardization of Incorporated Companies issued by the State Article 2 These Provisions apply to the establishment of incorporated companies with a high and new technology nature within high and new technology Article 3 High and new technology incorporated companies (hereinafter referred to as the company) mean the enterprise legal persons which are Article 4 The place of registration of a company is its residence. Both the company’s place of registration and its main working offices must Article 5 When a former high and new technology enterprise is restructured into a company, its initiator may be one person if it is acknowledged Article 6 If an enterprise legal person outside the territory or a foreign-capital enterprise legal person within the territory transferring Article 7 When a former high and new technology enterprise is transformed into a company, the property rights of the enterprise’s original net Article 8 The administrative departments of high and new technology industry development zones are the competent business departments for the Article 9 The commissions (offices) for restructuring economic system of provinces, autonomous regions and municipalities directly under the Article 10 When intangible assets are priced as shares, the total amount of intangible assets priced may not, with special approval of the examination (1) to be the core technology for the company’s main products; (2) to meet the requirements issued by the State Science and Technology Commission for acknowledging the high and new technology ; (3) to produce by the share subscriber the documentary evidence of post_title to the technology invested as shares, and to guarantee that the (4) to have evaluation certificates issued by the technology evaluation organization approved by the State Science and Technology Commission Article 11 When a former high and new technology enterprise is transformed into a company, the enterprise may, after examination and approval Article 12 The Opinions on the Standardization apply to any matters not included in these Provisions. Article 13 The science and technology commissions and the commissions for restructuring economic system of provinces, autonomous regions and Article 14 The State Science and Technology Commission is responsible for the interpretation of these Provisions. Article 15 These Provisions shall enter into force as of the date of promulgation. |
The State Science and Technology Commission, the State Economic Restructuring Commission
1992-11-19
STATEMENT OF THE CHINESE GOVERNMENT ON THE BASELINE OF THE TERRITOTIAL SEA
| Category | TERRITORY AND DIPLOMATIC RELATIONS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-05-15 | Effective Date | 1996-05-15 |
|
Statement of the Chinese Government on the Baseline of the Territotial Sea of the People’s Republic of China |
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According to the Law of the People’s Republic of China on the Territorial
Sea and the Continuous Zone promulgated on February 25, 1992, the government
of the People’s Republic of China hereby states part of the baseline of the
territorial sea adjacent to the mainland of the People’s Republic of China
and the baseline of the territorial sea adjacent to the Xisha Islands.
1. The straight lines joining the following adjacent base points shall be
a part of the baseline of the territorial sea adjacent to the mainland:
(1) Shandong Gaojiao (1) 37 degrees 24.0 minutes N
122
degrees 42.3 minutes E
(2) Shandong Gaojiao (2) 37 degrees 23.7 minutes N
122
degrees 42.4 minutes E
(3) The Moye Island (1) 36 degrees 57.8 minutes N
122 degrees 34.2 minutes E
(4) The Moye Island (2) 36 degrees 55.1 minutes N
122 degrees 32.7 minutes E
(5) The Moye Island (3) 36 degrees 53.7 minutes N
122 degrees 31.1 minutes E
(6) The Sushan Island 36 degrees 44.8 minutes N
122 degrees 15.8 minutes E
(7) The Chaolian Island 35 degrees 53.6 minutes N
120 degrees 53.1 minutes E
(8) The Dashan Island 35 degrees 00.2 minutes N
119 degrees 54.2 minutes E
(9) Macaihang 33 degrees 21.8 minutes N
121 degrees
20.8 minutes E
(10) Waikejiao 33 degrees 00.9 minutes N
121
degrees 38.4 minutes E
(11) The Sheshan Island 31 degrees 25.3 minutes N
122 degrees 14.6 minutes E
(12) Haijiao 30 degrees 44.1 minutes N
123 degrees
09.4 minutes E
(13) Dongnanjiao 30 degrees 43.5 minutes N
123
degrees 09.7 minutes E
(14) The Brother-Two Island 30 degrees 10.1 minutes N
122 degrees 56.7 minutes E
(15) The Yushan Islands 28 degrees 53.3 minutes N
122 degrees 16.5 minutes E
(16) The Taizhou Islands (1) 28 degrees 23.9 minutes N
121
degrees 55.0 minutes E
(17) The Taizhou Islands (2) 28 degrees 23.5 minutes N
121
degrees 54.7 minutes E
(18) Daotiaoshan 27 degrees 27.9 minutes N
121
degrees 07.8 minutes E
(19) The Dongyin Island 26 degrees 22.6 minutes N
120 degrees 30.4 minutes E
(20) The Dongsha Island 26 degrees 09.4 minutes N
120 degrees 24.3 minutes E
(21) The Niushan Island 25 degrees 25.8 minutes N
119 degrees 56.3 minutes E
(22) The Wuqiu Island 24 degrees 58.6 minutes N
119 degrees 28.7 minutes E
(23) The Dongding Island 24 degrees 09.7 minutes N
118
degrees 14.2 minutes E
(24) Daganshan 23 degrees 31.9 minutes N
117
degrees 41.3 minutes E
(25) The Nanpeng Islands (1) 23 degrees 12.9 minutes N
117
degrees 14.9 minutes E
(26) The Nanpeng Islands (2) 23 degrees 12.3 minutes N
117
degrees 13.9 minutes E
(27) Shibeishanjiao 22 degrees 56.1 minutes N
116 degrees 29.7 minutes E
(28) Zhenshiyan 22 degrees 18.9 minutes N
115 degrees 07.5 minutes E
(29) The Jiapeng Islands 21 degrees 48.5 minutes N
113
degrees 58.0 minutes E
(30) The Weijia Island 21 degrees 34.1 minutes N
112
degrees 47.9 minutes E
(31) Dafanshi 21 degrees 27.7 minutes N
112 degrees
21.5 minutes E
(32) The Qizhou Islands 19 degrees 58.5 minutes N
111 degrees 16.4 minutes E
(33) Shuangfan 19 degrees 53.0 minutes N
111
degrees 12.8 minutes E
(34) The Dazhou Island (1) 18 degrees 39.7 minutes N
110
degrees 29.6 minutes E
(35) The Dazhou Island (2) 18 degrees 39.4 minutes N
110
degrees 29.1 minutes E
(36) Shuangfanshi 18 degrees 26.1 minutes N
110 degrees 08.4 minutes E
(37) Lingshuijiao 18 degrees 23.0 minutes N
110 degrees 03.3 minutes E
(38) Dongzhou (1) 18 degrees 11.0 minutes N
109 degrees 42.1 minutes E
(39) Dongzhou (2) 18 degrees 11.0 minutes N
109 degrees 41.8 minutes E
(40) Jinmujiao 18 degrees 09.5 minutes N
109
degrees 34.4 minutes E
(41) Shenshijiao 18 degrees 14.6 minutes N
109
degrees 07.6 minutes E
(42) The Xigu Island 18 degrees 19.3 minutes N
108
degrees 57.1 minutes E
(43) Yinggezui (1) 18 degrees 30.2 minutes N
108
degrees 41.3 minutes E
(44) Yinggezui (2) 18 degrees 30.4 minutes N
108
degrees 41.1 minutes E
(45) Yinggezui (3) 18 degrees 31.0 minutes N
108
degrees 40.6 minutes E
(46) Yinggezui (4) 18 degrees 31.1 minutes N
108
degrees 40.5 minutes E
(7) Ganenjiao 18 degrees 50.5 minutes N
108 degrees
37.3 minutes E
(48) Sigengshajiao 19 degrees 11.6 minutes N
108
degrees 36.0 minutes E
(49) Junbijiao 19 degrees 21.1 minutes N
108
degrees 38.6 minutes E
2. The staight lines joining the following adjacent base points shall be
the baseline of the territorial sea adjacent to the Xisha Islands:
(1) The Dongdao Island (1) 16 degrees 40.5 minutes N
112
degrees 44.2 minutes E
(2) The Dongdao Island (2) 16 degrees 40.1 minutes N
112
degrees 44.5 minutes E
(3) The Dongdao Island (3) 16 degrees 39.8 minutes N
112
degrees 44.7 minutes E
(4) Langhuajiao (1) 16 degrees 04.4 minutes N
112 degrees 35.8 minutes E
(5) Langhuajiao (2) 16 degrees 01.9 minutes N
112 degrees 32.7 minutes E
(6) Langhuajiao (3) 16 degrees 01.5 minutes N
112 degrees 31.8 minutes E
(7) Langhuajiao (4) 16 degrees 01.0 minutes N
112
degrees 29.8 minutes E
(8) The Zhongjian Island (1) 15 degrees 46.5 minutes N
111
degrees 12.6 minutes E
(9) The Zhongjian Island (2) 15 degrees 46.4 minutes N
111
degrees 12.1 minutes E
(10) The Zhongjian Island (3) 15 degrees 46.4 minutes N
111 degrees 11.8 minutes E
(11) The Zhongjian Island (4) 15 degrees 46.5 minutes N
111 degrees 11.6 minutes E
(12) The Zhongjian Island (5) 15 degrees 46.7 minutes N
111 degrees 11.4 minutes E
(13) The Zhongjian Island (6) 15 degrees 46.9 minutes N
111 degrees 11.3 minutes E
(14) The Zhongjian Island (7) 15 degrees 42.7 minutes N
111 degrees 11.4 minutes E
(15) Beijiao (1) 17 degrees 04.9 minutes N
111
degrees 26.9 minutes E
(16) Beijiao (2) 17 degrees 05.4 minutes N
111
degrees 26.9 minutes E
(17) Beijiao (3) 17 degrees 05.7 minutes N
111
degrees 27.2 minutes E
(18) Beijiao (4) 17 degrees 06.0 minutes N
111
degrees 27.8 minutes E
(19) Beijiao (5) 17 degrees 06.5 minutes N
111
degrees 29.2 minutes E
(20) Beijiao (6) 17 degrees 07.0 minutes N
111
degrees 31.0 minutes E
(21) Beijiao (7) 17 degrees 07.1 minutes N
111
degrees 31.6 minutes E
(22) Beijiao (8) 17 degrees 06.9 minutes N
111
degrees 32.0 minutes E
(23) The Zhaoshu Island (1) 16 degrees 59.9 minutes N
112 degrees 14.7 minutes E
(24) The Zhaoshu Island (2) 16 degrees 59.7 minutes N
112 degrees 15.6 minutes E
(25) The Zhaoshu Island (3) 16 degrees 59.4 minutes N
112 degrees 16.6 minutes E
(26) The Beidao Island 16 degrees 58.4 minutes N
112
degrees 18.3 minutes E
(27) The Zhongdao Island 16 degrees 57.6 minutes N
112
degrees 19.6 minutes E
(28) The Nandao Island 16 degrees 56.9 minutes N
112
degrees 20.5 minutes E
(1) The Dongdao Island (1) 16 degrees 40.5 minutes N
112
degrees 44.2 minutes E
The other part of the baseline of the territorial sea of the People’s
Republic of China shall be announced separately by the government of the
People’s Republic of China.