REGULATIONS FOR TAXATION ON THE TRANSPORTATION INCOME OF VESSELS OF FOREIGN NATIONALITY

THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON JOINT VENTURE USING CHINESE AND FOREIGN INVESTMENT

REGULATIONS OF THE MINISTRY OF FINANCE CONCERNING THE COLLECTION AND REMISSION OF INDUSTRIAL AND COMMERCIAL TAXES ON IMPORT AND EXPORT COMMODITIES

INCOME TAX LAW CONCERNING CHINESE-FOREIGN JOINT VENTURES

The Income Tax Law of the PRC Concerning Chinese-Foreign Joint Ventures

(Adopted by the Third Session of the Fifth National People’s Congress and Promulgated on and Effective as of September 10, 1980)

Article 1 Income tax shall be paid in accordance with the provisions of this Law by Chinese-foreign joint ventures (hereafter referred to as
“joint ventures”) located in the People’s Republic of China on all of their income from production and business operations and on
other income.

Income tax on the income from production and business operations and on other income of branches of a joint venture inside and outside
China shall be paid by their head office on a consolidated basis.

Article 2 The taxable income of a joint venture shall be the excess of its gross income in a tax year over its deductible costs, expenses and
losses.

Article 3 The income tax rate on joint ventures shall be 30 percent. In addition, a local income tax of 10 percent of the assessed income tax
shall be levied.

The income tax rates on joint ventures that develop petroleum, natural gas and other resources shall be stipulated separately.

Article 4 When a foreign joint venturer remits abroad its share of profit obtained from the venture, an income tax of 10 percent of the remitted
amount shall be levied.

Article 5 A newly established joint venture scheduled to operate for a period of 10 years or more, upon approval by the tax authorities of
an application filed by the venture, shall be exempted from income tax in the first profit-making year and allowed a 50 percent reduction
of income tax in the second and third years.

With the approval of the Ministry of Finance of the People’s Republic of China, joint ventures engaged in relatively low-profit operations
such as farming and forestry and joint ventures established in remote, economically underdeveloped regions may be allowed a 15 to
30 percent reduction in income tax for another 10 years following the expiration of the period for exemption and reductions specified
in the preceding paragraph.

Article 6 A joint venturer that reinvests in China its share of profit obtained from the venture for a period of not less than five years shall,
upon a approval by the tax authorities of an application filed by the joint venturer, be refunded 40 percent of the income tax already
paid on the reinvested portion. If it withdraws the investment within five years, it shall repay the refunded tax.

Article 7 Losses incurred by a joint venture in a tax year may be carried over to the next tax year and offset against a corresponding amount
from that year’s income. Should the income in the subsequent tax year be insufficient to offset the said losses, the balance may
be offset against income in successive years, but within a period not exceeding five years.

Article 8 Income tax on joint ventures shall be computed and levied on an annual basis and paid in advance in quarterly installments. Such
advance payments shall be made within 15 days after the end of each quarter, and the final settlement shall be made within three
months after the end of each tax year, with a refund for any overpayment or a supplemental payment for any deficiency.

Article 9 A joint venture shall file its income tax returns in respect of advance payments with the local tax authorities within the period
prescribed for advance payments; and an annual income tax return, together with the statements of final accounts, shall be filed
within three months after the end of the tax year.

Article 10 Income tax on joint ventures shall be computed in terms of Renminbi. Income in foreign currency shall be taxed on the equivalent
amount converted into Renminbi according to the foreign exchange rate quoted by the State General Administration of Exchange Control
of the People’s Republic of China.

Article 11 When a joint venture starts to operate, changes its line of production, moves to a new site, ceases to operate or changes or assigns
its registered capital, it shall present the pertinent certificates to and go through tax registration with the local tax authorities
within 30 days after registering with the General Administration for Industry and Commerce of the People’s Republic of China.

Article 12 The tax authorities have the right to investigate the financial, accounting and tax affairs of a joint venture. The joint venture
must make reports according to the facts and provide pertinent information, may not refuse to co-operate and may not conceal the
facts.

Article 13 A joint venture must pay its tax within the prescribed time limit. In case of failure to do so, the tax authorities, in addition
to setting a new time limit for tax payment, shall impose a surcharge for overdue payment equal to 1/2 of 1 percent of the overdue
tax for every day in arrears, starting from the first day payment becomes overdue.

Article 14 The tax authorities may exercise their discretion in light of the circumstances to impose a fine on a joint venture that has violated
the provisions of Article 9, 11 or 12 of this Law.

In dealing with a joint venture that has evaded or refused to pay tax, the tax authorities, in addition to pursuing the tax payment,
may impose a fine of up to but not exceeding five times the tax underpaid or not paid, in accordance with the seriousness of the
case. Cases of gross violation shall be handled by the local people’s courts in accordance with the law.

Article 15 In case of a dispute with the tax authorities over tax payment, a joint venture must first pay the tax as prescribed before applying
to higher tax authorities for reconsideration. If it does not accept the decision made after re-consideration, it may bring a suit
in the local people’s courts.

Article 16 Income tax paid abroad by a joint venture or its branches may be credited against the assessed income tax of the head office.

When agreements on avoidance of double taxation have been concluded between the Government of the People’s Republic of China and foreign
governments, income tax credits shall be handle in accordance with the provisions of the respective agreements.

Article 17 Rules for the implementation of this Law shall be formulated by the Ministry of Finance of the People’s Republic of China.

Article 18 This Law shall go into effect on the day of its promulgation.

(The English translations are for reference only)

MARRIAGE LAW

Marriage Law of the People’s Republic of China

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II MARRIAGE CONTRACT

CHAPTER III FAMILY RELATIONS

CHAPTER IV DIVORCE

CHAPTER V SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 1. This Law is the fundamental code governing marriage and family relations.

Article 2. A marriage system based on the free choice of partners, on monogamy and on equality between man and woman shall be applied.

The lawful rights and interests of women, children and old people shall be protected.

Family planning shall be practised.

Article 3. Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the
freedom of marriage shall be prohibited. The exaction of money or gifts in connection with marriage shall be prohibited. Bigamy
shall be prohibited. Maltreatment and desertion of one family member by another shall be prohibited.

CHAPTER II MARRIAGE CONTRACTS

Article 4. Marriage must be based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party,
and no third party may interfere.

Article 5. No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. Late marriage
and late childbirth shall be encouraged.

Article 6. No marriage may be contracted under any of the following circumstances:

(1) if the man and the woman are lineal relatives by blood, or collateral relatives by blood up to the third degree of
kinship; or

(2) if the man or the woman is suffering from leprosy, a cure not having been effected, or from any other disease
which is regarded by medical science as rending a person unfit for marriage.

Article 7. Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration office.
If the proposed marriage is found to conform with the provisions of this Law, the couple shall be allowed to register
and issued marriage certificates. The husband-and-wife relationship shall be established as soon as they acquire the marriage
certificates.

Article 8. After a marriage has been registered, the woman may become a member of the man’s family or vice versa, depending on the agreed
wishes of the two parties.

CHAPTER III FAMILY RELATIONS

Article 9. Husband and wife shall have equal status in the family.

Article 10. Both husband and wife shall have the right to use his or her own surname and given name.

Article 11. Both husband and wife shall have the freedom to engage in production and other work, to study and to participate
in social activities; neither party may restrict or interfere with the other party.

Article 12. Both husband and wife shall have the duty to practise family planning.

Article 13. The property acquired by the husband and the wife during the period in which they are under contract of marriage shall be
in their joint possession, unless they have agreed otherwise.

Husband and wife shall enjoy equal rights in the disposition of their jointly possessed property.

Article 14. Husband and wife shall have the duty to maintain each other.

If one party fails to perform this duty, the party in need of maintenance shall have the right to demand maintenance
payments from the other party.

Article 15. Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist
their parents.

If parents fail to perform their duty, children who are minors or are not capable of living on their own shall have the
right to demand the costs of upbringing from their parents.

If children fail to perform their duty, parents who are unable to work or have difficulty in providing for themselves
shall have the right to demand support payments from their children.

Infanticide by drowning and any other acts causing serious harm to infants shall be prohibited.

Article 16. Children may adopt either their father’s or their mother’s surname.

Article 17. Parents shall have the right and duty to subject their children who are minors to discipline and to protect them. If
children who are minors cause damage to the state, the collective or individuals, their parents shall have the duty to compensate
for the losses financially.

Article 18. Husband and wife shall have the right to inherit each other’s property.

Parents and children shall have the right to inherit each other’s property.

Article 19. Children born out of wedlock shall enjoy the same rights as children born in wedlock. No one may harm or discriminate against
them.

The father of a child born out of wedlock shall bear part or the whole of the child’s living and educational expenses
until the child can support himself.

Article 20. The state shall protect lawful adoption. The relevant provisions of this Law governing the relationship between
parents and children shall apply to the rights and duties in the relationship between foster-parents and foster-children.

The rights and duties in the relationship between a foster-child and his natural parents shall terminate with the establishment
of his adoption.

Article 21. Maltreatment and discrimination shall not be allowed between step-parents and step-children.

The relevant provisions of this Law governing the relationship between parents and children shall apply to
the rights and duties in the relationship between step-fathers or step-mothers and their stepchildren who receive care
and education from them.

Article 22. Grandparents who can afford it shall have the duty to bring up their grandchildren who are minors and whose parents
are dead. Grandchildren who can afford it shall have the duty to support their grandparents whose children are dead.

Article 23. Elder brothers or elder sisters who can afford it shall have the duty to bring up their younger brothers or sisters who
are minors, if their parents are dead or have no means to bring them up.

CHAPTER IV DIVORCE

Article 24. Divorce shall be granted if husband and wife both desire it. Both parties shall apply to the marriage registration
office for divorce. The marriage registration office, after clearly establishing that divorce is desired by both parties
and that appropriate arrangements have been made for the care of any children and the disposition of property, shall
issue the divorce certificates without delay.

Article 25. If one party alone desires a divorce, the organization concerned may carry out mediation or the party may appeal
directly to a people’s court to start divorce proceedings.

In dealing with a divorce case, the people’s court should carry out mediation; divorce shall be granted if
mediation fails because mutual affection no longer exists.

Article 26. If the spouse of a soldier in active service desires a divorce, the soldier’s consent must be obtained.

Article 27. A husband may not apply for a divorce when his wife is pregnant or within one year after the birth of the child. This
restriction shall not apply in cases where the wife applies for a divorce, or when the people’s court deems it necessary to
accept the divorce application made by the husband.

Article 28. If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall apply for
registration of remarriage with the marriage registration office. The marriage registration office shall allow them to register.

Article 29. The relationship between parents and children shall not come to an end with the parents divorce. After divorce,
whether the children are put in the custody of the father or the mother, they shall remain the children of both parents.

After divorce, both parents shall still have the right and duty to bring up and educate their children.

In principle, the mother shall have the custody of a breast-fed infant after divorce. If a dispute arises between the
two parents over the custody of their child who has been weaned and they fail to reach an agreement, the people’s court
shall make a judgment in accordance with the rights and interests of the child and the actual conditions of both
parents.

Article 30. If, after divorce, one parent has been given custody of a child, the other parent shall bear part or the whole
of the child’s necessary living and educational expenses. The two parents shall seek agreement regarding the
amount and duration of such payment. If they fail to reach an agreement, the people’s court shall make a judgment.

The agreement or court judgment on the payment of a child’s living and educational expenses shall not prevent
the child from making a reasonable request, when necessary, to either parent for an amount exceeding what was decided
upon in the said agreement or judgment.

Article 31. At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly possessed
property. If they fail to reach an agreement, the people’s court shall make a judgment, taking into consideration the
actual circumstances of the property and the rights and interests of the wife and the child.

Article 32. At the time of divorce, debts incurred jointly by the husband and the wife during their married life shall be paid out
of their jointly possessed property. If such property is insufficient to pay the debts, the two parties shall
discuss alternative ways of payment. If they fail to reach an agreement, the people’s court shall make a judgment. Debts
incurred separately by the husband or the wife shall be paid by the party who incurred them.

Article 33. If, at the time of divorce, one party has difficulty in supporting himself or herself, the other party shall render
appropriate financial assistance. Specific arrangements shall be worked out by both parties through consultation.
If they fail to reach an agreement, the people’s court shall make a judgment.

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 34. Persons violating this Law shall be subject to administrative or legal sanctions in accordance with the
law and on the merits of each case.

Article 35. In cases where a person refuses to abide by the judgments or rulings on costs of upbringing, maintenance or support payments,
or on the partitioning or inheritance of property, the people’s court shall enforce the execution of the judgments
or rulings in accordance with the law. The organizations concerned shall have the duty to assist such executions.

Article 36. The people’s congresses of national autonomous areas and their standing committees may formulate certain adaptations
or supplementary provisions in keeping with the principles of this Law and in the light of the specific conditions
of the local nationalities in regard to marriage and family. Provisions formulated by autonomous prefectures
and autonomous counties must be submitted to the standing committee of the people’s congress of the relevant
province or autonomous region for approval. Provisions formulated by autonomous regions must be submitted to the
Standing Committee of the National People’s Congress for the record.

Article 37. This Law shall come into force as of January 1, 1981.

The Marriage Law of the People’s Republic of China promulgated on May 1, 1950 shall be invalidated as of the day this
Law comes into force.

A CLARIFICATION OF THE COMMISSION FOR THE ADMINISTRATION OF FOREIGN INVESTMENTS ON SEVERAL QUESTIONS ON THE IMPLEMENTATION OF INTERIM PROVISIONS OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ADMINISTRATION OF RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES

The General Office of the State Council

Circular of the General Office of the State Council Concerning the Transmission of a Clarification Submitted by the Commission for
the Administration of Foreign Investments on Several Questions on the Implementation of Interim Provisions of the State Council of
the People’s Republic of China on the Administration of Resident Representative Offices of Foreign Enterprises

The clarification submitted by the Commission for the Administration of Foreign Investments on several questions on the implementation
of “Interim Provisions of the State Council of the People’s Republic of China on the Administration of Resident Representative Offices
of Foreign Enterprises”, has been approved by the State Council and is hereby transmitted to you, and you are requested to implement
it accordingly.

The General Office of the State Council

August 3, 1981

A Clarification of the Commission for the Administration of Foreign Investments on Several Questions on the Implementation of Interim
Provisions of the State Council of the People’s Republic of China on the Administration of Resident Representative Offices of Foreign
Enterprises

Since the promulgation of the “Interim Provisions of the State Council of the People’s Republic of China on the Administrative of
Resident Representative Offices of Foreign Enterprises” (hereinafter referred to as the “Interim Provisions”), the various examining
and approving units have, in accordance with the “Interim Provisions”, examined and approved, the applications filed by foreign businessmen
for the establishment of resident representative offices, the departments for the administration of industry and commerce have approved
their registration, and the organs of public security have performed residence procedures; work in this respect has made very good
progress, and the administrative work concerning the resident representative offices of foreign enterprises has been strengthened
to some extent. However, in the course of implementing the “Interim Provisions”, there still exist some questions which need to be
defined more sharply or clarified. Now, several questions concerning the implementation of the “Interim Provisions” are hereby clarified
as follows:

(1)

“Other economic organizations”, as mentioned in Article 1 of the “Interim Provisions”, refer to those organizations which are engaged
in economic, trade, technological or finance business activities but are not called companies or enterprises as such, and which also
include such non-profit economic organizations as the Japanese-Chinese Economic Association, the Japanese Association for the Promotion
of International Trade, the National Council for American-Chinese Trade Relations, and Council for Canadian-Chinese Trade Relations.

(2)

Article 2 of the “Interim Provisions”, which reads: “Those who have not obtained approval or have not gone through the procedures
for registration shall not be permitted to undertake business operations as resident representative offices”, means that those who
have not obtained approval or have not gone through the procedures for registration shall not be permitted to undertake business
operations in the capacity of the staff of resident (representative) offices, and neither shall they be permitted to put up any sign
at their residences that represents foreign companies or enterprises.

With respect to those who undertake unauthorized business operations in the capacity of the staff of resident (representative) offices
without going through the proper approval registration procedures for setting up resident representative offices, the departments
for the administration of industry and commerce shall notify the persons concerned to close down their resident offices and to stop
their business operations forthwith.

(3)

With respect to the certifying documents and relevant materials to be presented by foreign enterprises when applying for permission
to set up resident representative offices as provided for in Article 3 of the “Interim Provisions”, the written application and
the vesting instrument must be presented in the original and the other certifying documents may be presented in duplicate or photo
copies. As regards “documentation as to creditworthiness issued by the financial institutions”, if a foreign businessman has difficulty
providing one, flexibility may be exercised by requiring the foreign businessman concerned to present certifying documents indicating
business transactions concluded between the foreign businessman and a bank within the preceding year instead.

When a non-profit foreign economic organization applies for permission to set up its resident representative office, it may be exempt
from presenting the documentation as to creditworthiness required in Article 3 of the “Interim Provisions”.

(4)

“Enterprises outside these lines of business”, as mentioned in Article 4 of the “Interim Provisions”, refer to those trades such
as cooperative exploitation of oil and coal resources and etc. which are beyond the approving authority of the Ministry of Foreign
Trade, the People’s Bank of China, the Ministry of Communications, and the Civil Aviation Administration of China, and the parties
concerned shall submit their applications to the competent departments concerned under the State Council for approval in light of
the nature of their businesses.

With respect to those non-profit foreign economic organizations, which are the counterparts of the China Council for the Promotion
of International Trade, their applications for permission to set up resident representative offices shall, for the time being, be
submitted to the Ministry of Foreign Trade for examination and approval. In the course of examination and approval, the Ministry
of Foreign Trade shall consult with the China Council for the Promotion of International Trade.

With respect to foreign businessmen in the trust and investment trades, their applications for permission to set up resident representative
offices shall, for the time being, be submitted to the People’s Bank of China for examination and approval. In the course of examination
and approval, the People’s Bank of China shall consult with the China International Trust and Investment Corporation.

(5)

In the event that several foreign enterprises of different trades jointly apply for permission to set up a comprehensive resident
representative office, they shall submit their application to the Commission for the Administration of Foreign Investments of the
People’s Republic of China, and the latter shall examine and approve the application in consultation with the relevant units.

(6)

Owing to the serious shortage of housing at present, strict control shall be exercised, by the examining and approving organ in accordance
with the specific conditions, over the number of staff of the proposed resident representative offices of foreign enterprises and
over the duration of residence. An application to set up a resident representative office shall not be approved if the problem of
housing has not been solved.

The maximum duration of residence, approved on each occasion, shall not exceed 3 years. On the expiration of this prescribed period,
if it is necessary to have an extension, the foreign enterprise concerned shall submit anew its application to the examining and
approving organ 3 months before the expiration of the original prescribed duration of residence. And, after obtaining approval, the
foreign enterprise concerned shall apply to the department for administration of industry and commerce for registration.

If resident representative offices are to be set up in China in accordance with an agreement between the Chinese government and foreign
governments, the foreign enterprises concerned shall go through the procedures for registration in accordance with the “Interim Provisions”,
and the number of staff of the proposed resident representative office, the duration of residence, the registration fees, etc., shall
be handled according to the principle of reciprocity.

(7)

The approving organ, while issuing the certificate of approval to the applying unit, shall notify in writing the General Administration
for Industry and Commerce. The departments for administration of industry and commerce shall, after the foreign enterprise concerned
has gone through the registration procedures, notify without delay the State Commission for the Administration of Foreign Investments,
the Ministry of Foreign Affairs, the Ministry of Public Security, the General Administration of Customs, and the State Taxation Administration
under the Ministry of Finance.

With respect to foreign enterprises in the trust and investment trades which apply for permission to set up their resident representative
offices, after they have obtained approval and have gone through the registration procedures, the department concerned shall at the
same time notify the China International Trust and Investment Corporation.

With respect to those non-profit foreign economic organizations, which are the counterparts of the China Council for the Promotion
of International Trade applying for permission to set up their resident representative offices, after they have obtained approval
and have gone through the registration procedures, the department concerned shall at the same time notify the China Council for the
Promotion of International Trade.

(8)

Article 5 of the “Interim Provisions” reads: “The original approval document shall be turned over in case of failure to register
at the expiring of the specific period”. An applicant shall go through the procedures for registration with the department for administration
of industry and commerce within 30 days from the day he/she has received the certificate; if he/she has failed to do so within the
prescribed time limit, he/she shall be considered to have withdrawn automatically the original application, and the certificate of
approval already issued to him/her shall become invalid automatically, and he/she shall be required to return the certificate of
approval to the original approving organ.

(9)

The change of “address”, as mentioned in Article 7 of the “Interim Provisions”, refers to a change effected within the same city.
However, the change of room number within the same building shall not be considered as a change of the address. The resident representative
office concerned is required to notify, without delay, change of the address of the resident office to the local competent department
concerned and also to the department for registration.

In case that the resident representative office of a foreign enterprise has to change its address at the request of the competent
department concerned of China, the foreign enterprise concerned shall be required to go through the procedures for the registration
of the change without paying any registration fees.

(10)

The engagement of working personnel by the resident representative office of a foreign enterprise shall be handled in accordance with
the provisions in Document No.48, signed and issued jointly, in 1981, by the Ministry of Public Security, the Ministry of Foreign
Affairs, the General Administration for Industry and Commerce, the Commission for the Administration of Imports and Exports, and
the Ministry of Foreign Trade; and, in principle, no individual of a third country or Chinese without regular registered residence
in China shall be hired. However, in special cases, citizens of a third country or individuals from the areas of Hong Kong and Macao
may be engaged with the approval of the local department of foreign affairs services and of the labor department.

(11)

Article 4 of “Circular Concerning Registration of Resident Representative Offices of Foreign Enterprises” promulgated by the General
Administration for Industry arid Commerce of the People’s Republic of China on December 8, 1980, provides: “the resident representative
offices, or the resident representatives, of foreign enterprises approved by the competent departments of the people’s government
of the province, municipality directly under the Central Government, and autonomous region” refer to the resident representative
offices of foreign enterprises approved before the promulgation of the “Interim Provisions” by the State Council on October 30, 1980.
Applications to set up resident representative offices submitted by foreign enterprises after the promulgation of the “Interim Provisions”
shall be handled in accordance with the “Interim Provisions”.

(12)

In the event that foreign businessmen apply for permission to set up resident representative offices in cities other than Beijing,
with the exception of such trades as banking or air transportation-die applications shall be submitted directly to the competent
departments listed in Article 4 of the “Interim Provisions”, all other trades shall, in light of the nature of their respective
businesses, apply accordingly to the local bureau of foreign trade or bureau of communications of the province, municipality directly
under the Central Government, or autonomous region, or to the departments or bureaus in the localities, which have a direct business
relationship with the ministries, commissions or bureaus under the State Council; and the aforesaid departments shall, in turn, write
their comments on the written applications and forward same, for examination and approval, to the competent departments concerned
listed in Article 4 of the “Interim Provisions”.

(13)

With the exception of such trades as banking and air transportation, in case that foreign businessmen apply for permission to set
up resident representative offices in the two provinces of Guangdong and Fujian, their applications shall be submitted to the provincial
governments for examination and approval. In case that resident representative offices are to be set up in the Shenzhen, Zhuhai and
Xiamen Special Economic Zones, the applications shall be submitted for examination and approval to the provincial committee for the
administration of special economic zones.

(14)

If enterprises established and run abroad by overseas Chinese, by compatriots from Hong Kong, Macao and Taiwan, wish to set up resident
representative offices in China (including Guangdong and Fujian Provinces and the special economic zones), their applications shall
be dealt with reference to the “Interim Provisions” and this Clarification.

(15)

Should problems arise in the course of the execution of the “Interim Provisions” and of this Clarification, and explanations and solutions
are called for, they shall be handled through coordination and consultation by the State Commission for the Administration of Foreign
Investments.

The General Office of the State Council
1981-08-03

INTERIM REGULATIONS ON PUNISHMENT OF SERVICEMEN WHO COMMIT CRIMES CONTRARY TO THEIR DUTIES

Interim Regulations of the People’s Republic of China on Punishment of Servicemen Who Commit Crimes Contrary to Their Duties

(Effective Date:1982.01.01–Ineffective Date:)

Article 1. In accordance with the guiding ideas and fundamental principles of the Criminal Law of the People’s Republic of China, these Regulations
are formulated with a view to punishing servicemen for criminal acts in contravention of their duties, inculcating in them the conscientious
performance of their duties and strengthening the combat effectiveness of the armed forces.

Article 2. Any act of a serviceman on active duty of the Chinese People’s Liberation Army that contravenes his duties and endangers the state’s
military interests and is punishable with criminal penalties by law constitutes a crime in contravention of a serviceman’s duties.
However, if the circumstances are clearly minor and the harm is not great, the act shall not be considered a crime and shall be dealt
with in accordance with military discipline.

Article 3. Any person who violates the provisions for use of weapons and equipment, if the circumstances are serious, and causes a major liability
accident leading to severe injury or death of another person or other serious consequences shall be sentenced to imprisonment of
not more than three years or criminal detention; and in cases where the consequences are especially serious, the sentence shall be
imprisonment of not less than three years and not more than seven years.

Article 4. Any person who discloses important military secrets of the state or loses documents or objects containing such secrets in violation
of the laws and regulations on the protection of state military secrets, if the circumstances are serious, shall be sentenced to
imprisonment of not more than seven years or criminal detention.

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than three
years and not more than ten years or, if the circumstances are especially serious, to imprisonment of not less than ten years or
life imprisonment.

Any person who steals, collects or furnishes military secrets for the enemy or foreigners shall be sentenced to imprisonment of not
less than ten years or life imprisonment or death.

Article 5. Any person in command or on duty who leaves his post or neglects his duties, thereby causing serious consequences, shall be sentenced
to imprisonment of not more than seven years or criminal detention.

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than five
years.

Article 6. Any person who deserts from the armed forces in violation of the military service law, if the circumstances are serious, shall be
sentenced to imprisonment of not more than three years or criminal detention.

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than three
years and not more than seven years.

Article 7. Any person who secretly crosses the national boundary (borderline) in order to flee the country shall be sentenced to imprisonment
of not more than three years or criminal detention or, if the circumstances are serious, to imprisonment of not less than three years
and not more than ten years. The punishment of such crimes during wartime shall be heavier than in time of peace.

Article 8. Any serviceman on duty at the frontier or coastal defence line who out of improper personal considerations allows another person
to cross the national boundary (borderline) without authorization shall be sentenced to imprisonment of not more than five years
or criminal detention or, if the circumstances are serious, to imprisonment of not less than five years. The punishment of such crimes
during wartime shall be heavier than in time of peace.

Article 9. Any serviceman who abuses his power of office and maltreats or persecutes a subordinate, if the circumstances are so offensive as
to have resulted in serious bodily injury of another person or other serious consequences, shall be sentenced to imprisonment of
not more than five years or criminal detention. If he has caused the death of a person, he shall be sentenced to imprisonment of
not less than five years.

Article 10. Any person who, by force or threat, hinders commanding personnel or personnel on duty from performing their duties shall be sentenced
to imprisonment of not more than five years or criminal detention or, if the circumstances are serious, to imprisonment of not less
than five years. If the circumstances are especially serious, or a person’s serious bodily injury or death is caused, the offender
shall be sentenced to life imprisonment or death. The punishment of such crimes during wartime shall be heavier than in time of peace.

Article 11. Any person who steals weapons, equipment or military supplies shall be sentenced to imprisonment of not more than five years or criminal
detention or, if the circumstances are serious, to imprisonment of not less than five years and not more than ten years. If the circumstances
are especially serious, he shall be sentenced to imprisonment of not less than ten years or life imprisonment. The punishment of
such crimes during wartime shall be heavier than in time of peace, and the offender may be sentenced to death if the circumstances
are especially serious.

Article 12. Any person who destroys weapons, equipment or military installations shall be sentenced to imprisonment of not more than three years
or criminal detention. Any person who destroys important weapons, equipment or military installations shall be sentenced to imprisonment
of not less than three years and not more than ten years. If the circumstances are especially serious, he shall be sentenced to imprisonment
of not less than ten years, life imprisonment or death. The punishment for such crimes during wartime shall be heavier than in time
of peace.

Article 13. Any person who inflicts bodily injury on himself, thus disqualifying himself from fulfilling his military obligation during wartime,
shall be sentenced to imprisonment of not more than three years or, if the circumstances are serious, to imprisonment of not less
than three years and not more than seven years.

Article 14. Any person who fabricates rumours to mislead others and undermine army morale during wartime shall be sentenced to imprisonment of
not more than three years or, if the circumstances are serious, imprisonment of not less than three years and not more than ten years.

Any person who colludes with the enemy to spread rumours so as to mislead others and undermine army morale shall be sentenced to imprisonment
of not less than ten years or life imprisonment. If the circumstances are especially serious, he may be sentenced to death.

Article 15. Any person who is directly responsible for deliberate abandonment of the wounded on the battlefield shall, if the circumstances are
offensive, be sentenced to imprisonment of not more than three years.

Article 16. Any serviceman who in fear of fighting deserts from his unit before a battle shall be sentenced to imprisonment of not more than
three years or, if the circumstances are serious, to imprisonment of not less than three years and not more than ten years. If his
desertion has caused serious losses to a battle or campaign, he shall be sentenced to imprisonment of not less than ten years, life
imprisonment or death.

Article 17. Any serviceman who disobeys orders in battle, thereby jeopardizing the military operations, shall be sentenced to imprisonment of
not less than three years and not more than ten years. If serious losses are caused to a battle or campaign, he shall be sentenced
to imprisonment of not less than ten years, life imprisonment or death.

Article 18. Any serviceman who intentionally makes a false report about the military situation or communicates a false military order, thereby
jeopardizing the military operations, shall be sentenced to imprisonment of not less than three years and not more than ten years.
If serious losses are caused to a battle or campaign, he shall be sentenced to imprisonment of not less than ten years, life imprisonment
or death.

Article 19. Any serviceman who in fear of death on the battlefield voluntarily lays down his arms and surrenders to the enemy shall be sentenced
to imprisonment of not less than three years and not more than ten years or, if the circumstances are serious, to imprisonment of
not less than ten years or life imprisonment.

Any serviceman who, after surrendering to the enemy, works for the enemy shall be sentenced to imprisonment of not less than ten years,
life imprisonment or death.

Article 20. Any serviceman who plunders or mistreats innocent residents in areas of military operations shall be sentenced to imprisonment of
not more than seven years or, if the circumstances are serious, to imprisonment of not less than seven years. If the circumstances
are serious, he shall be sentenced to life imprisonment or death.

Article 21. Any serviceman who maltreats prisoners of war, if the circumstances are offensive, shall be sentenced to imprisonment of not more
than three years.

Article 22. During wartime, any serviceman who commits a crime and is sentenced to imprisonment of not more than three years with a reprieve
pronounced may, in consideration of the absence of actual danger from him, be allowed to atone for his crime by performing meritorious
deeds. Should he truly perform meritorious deeds, the original sentence may be rescinded, and he shall not be punished as a criminal.

Article 23. All servicemen on active duty who commit crimes not provided for in these Regulations shall be punished in accordance with the relevant
articles of the Criminal Law of the People’s Republic of China.

Article 24. Servicemen whose crimes have caused great harm may, in addition, be deprived of their decorations, medals and post_titles of honour.

Article 25. These Regulations are applicable to staff members and workers on the regular payroll of military establishments, who commit crimes
covered in these Regulations.

Article 26. These Regulations shall go into effect as of January 1, 1982.

INTERIM REGULATIONS CONCERNING NOTARIZATION

Category	JUDICIAL ADMINISTRATION	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1982-04-13	Effective Date	1982-04-13

Interim Regulations of the People’s Republic of China Concerning Notarization

Chapter I  General Provisions
Chapter II  Scope of Business of Notary Office
Chapter III  Organization and Leadership of Notary Office
Chapter IV  Jurisdiction
Chapter V  Procedures for the Handling of Notarial Affairs
Chapter VI  Supplementary Provisions

(Promulgated by the State Council on April 13, 1982)

Chapter I  General Provisions

Article 1 These Regulations are formulated to strengthen and perfect the
state notarial system, to uphold the socialist legal system, to prevent
disputes and to reduce the number of lawsuit cases.

Article 2 Notarization means that the state notarial department, upon
application of any party concerned, gives testimonial, according to law, to the
authenticity and legality of legal actions, legal documents and legal facts,
so as to safeguard public properties, and to safeguard citizens’ status, and
property rights as well as their lawful interests.

Article 3 The notary office is the state notarial department. The notary
office should, through its notarial activities, educate citizens in abiding by
the law and upholding the socialist legal system.
Chapter II Scope of Business of Notary Office

Article 4 The notary office shall handle the following items of business:

(1) to give a testimonial to contracts (legal deeds), powers of attorney,
wills;

(2) to give a testimonial to right of inheritance;

(3) to give a testimonial to donation of property and to partition of
property;

(4) to give a testimonial to the relationship of adoption;

(5) to give a testimonial to family relationship;

(6) to give a testimonial to identity (status), record of education, and
personal experience;

(7) to give a testimonial to a person’s birth, marital status, existence
and death;

(8) to give a testimonial to the authenticity of signatures and seals on
documents;

(9) to give a testimonial to the conformity of duplicates, abridged
versions, translations, and photo-offset copies to the original;

(10) to give a testimonial to the effect of compulsory execution of
documents concerning the claim for repayments of debt and articles in the event
that such documents are considered to be unequivocal;

(11) to be responsible for the preservation of evidence;

(12) to be responsible for the safekeeping of wills or other documents;

(13) to draft, on behalf of the party concerned, a document of application
for a notarial deed;

(14) to handle other notarial affairs in accordance with the application of the party concerned and international
practice.
Chapter III Organization and Leadership of Notary Office

Article 5 The notary office shall be set up in municipalities directly
under the Central Government, counties (or autonomous counties, and the same
below), and municipalities. With the approval of the judicial administrative
authorities of the province, autonomous region and municipality directly under
the Central Government, a municipal district may also set up the notary office.

Article 6 The notary office shall be under the leadership of the judicial
administrative authorities.

The subordinative relationship does not exist between notary offices.

Articel 7 The notary office shall have positions of notary and assistant
notary. When necessary, it may have positions of director and deputy director.

The positions of director and deputy director shall be assumed by notaries.
The director and deputy director shall direct the work of the notary office,
and must also execute the duties of notaries.

Directors, deputy directors, notaries, and assistant notaries shall be
appointed and removed respectively by the relevant people’s government of the
municipality directly under the Central Government, of the county, or of the
municipality in accordance with the relevant provisions of the administration
of cadres.

Article 8 Any citizen who has the right to elect and stands for elections
and who meet one of the following qualifications may be appointed as a notary:

(1) graduates of law specialty of institutions of higher learning who have
passed the probation, and have engaged in judicial work, teaching of law, or
research in law for 1 year or more;

(2) those who have served in a people’s court or a people’s procuratorate
as judges or procurators;

(3) those who have engaged in judicial work in the judicial administrative
department for 2 years or more, or who have worked in other state departments,
public organizations, or enterprises and institutions for 5 years or more, and
have the knowledge in law comparable to that of graduates from secondary law
schools;

(4) those who have served as assistant notaries for 2 years or more.

Article 9 Graduates from law schools at the secondary and higher levels
who have passed the probation, and government functionaries with the equivalent
record of education, may be appointed as assistant notaries.
Chapter IV Jurisdiction

Article 10 Notarial affairs shall be under the jurisdiction of the notary
office at the locality where the applicant has his/her residence registration,
or where legal actions or legal facts have occurred.

Article 11 Notarial affairs concerning transfer of properties shall be
under the jurisdiction of the notary office at the locality where the applicant
has his/her residence registration, or where principal properties are located.

Article 12 In the event that a number of persons concerned, who apply for
the handling of the same notarial affair, have their residence registration at
different localities that do not come under the jurisdiction of one and the
same notary office, or the properties are scattered in several areas that come
under the jurisdiction of different notary offices, these persons concerned
may, through consultation, make their applications to any of those notary
offices. In the event that the persons concerned fail to reach an agreement,
the different notary offices concerned shall coordinate in jurisdiction out of
consideration for the convenience of the persons concerned.

Article 13 In the event that jurisdictional disputes arise among various
notary offices, their common superior – the judicial administrative authorities
at a higher level shall designate the jurisdiction.

Article 14 The Ministry of Justice and the judicial departments of various
provinces, autonomous regions, and municipalities directly under the Central
Government shall have the authority to assign a certain notary office to handle
a particular notarial affair.

Article 15 The embassy or consulate of China in a foreign country may
handle notarial affairs at the request of a Chinese citizen residing in the
foreign country where there is Chinese embassy or consulate.
Chapter V Procedures for the Handling of Notarial Affairs

Article 16 In applying for notarization, a party concerned shall go to the
notary office personally to make an application in writing or verbally. If the
application affair is entrusted to an agent, certifying documents of the power
of attorney shall be presented. However, the application affair shall not be
entrusted to an agent if the party concerned applies to the notary office for a
testimonial concerning a power of attorney, a statement, adoption of children,
a will, or signatures and seals; if the party concerned has true difficulty in
making the application, the notary may go to the locality where the party
concerned resides, to handle the notarial affairs.

In the event that state organs, public organizations, enterprises and
institutions apply for notarization, they shall send their representatives to
the notary office. The representatives shall present their certifying documents
of the power of representation.

Article 17 Notaries shall not handle notarial affairs which they
themselves or their spouses, or which the near relatives of themselves or their
spouses apply for; in addition, they shall not handle notarial affairs that
they themselves or their spouses have interests in.

The parties concerned shall have the right to apply for the withdrawal of
any of the notaries.

Article 18 The notaries must examine the status of the parties concerned
and their ability to exercise rights and to perform obligations; and must
examine the authenticity and legality of the facts, documents and other
relevant documents, with regard to all of which the persons concerned are
applying for a testimonial.

Article 19 In the event that the notary office holds that the evidence
provided by the persons concerned is not complete or is doubtful, it has the
right to notify the persons concerned that they make necessary additions to
complete the evidence, or it may consult the departments or individuals
concerned and ask them to provide certifying documents and materials. The
departments and individuals concerned shall have the obligation to render
assistance.

Article 20 Notaries shall prepare notarial documents in accordance with
the format prescribed or approved by the Ministry of Justice.

Article 21 After notarial documents have been processed, an additional
copy of the documents shall be kept on file. In accordance with the needs of
the persons concerned, duplicates may be prepared, which shall be issued to the
persons concerned together with the original documents.

Article 22 The notary office shall collect service charges for handling
notarial affairs. The measures for collecting notarial service charges shall be
formulated by the Ministry of Justice separately.

Articel 23 The notarial affairs, as handled by the notary office, shall be
kept confidential by the notaries.

Article 24 If one party concerned refuses to act in accordance with the
stipulations of the document concerning creditor’s rights which has been
rendered compulsory by the notary office in accordance with the stipulations of the stipulations of Item 10, Article 4, the other
party concerned may
apply to a basic people’s court which has jurisdiction for execution.

Article 25 The notary office shall refuse to give a testimonial to false
or illegal statements and documents. When the notary office refuses to accept
an application of the party concerned for notarization, it shall explain,
verbally or in writing, to the party concerned the reason why his/her
application is rejected, and explain also the procedure for making an appeal if
the applicant is not satisfied with the rejection.

In the event that the party concerned is not satisfied with the rejection
made by the notary office, or thinks that the notary has handled the notarial
affair improperly, he/she may make an appeal to the municipal or county
judicial administrative department at the locality where the notary office is
located or to the judicial administrative department at a higher level, and the
department that accepts the appeal shall make a decision.

Article 26 The notary office, or the judicial administrative department at
the same level, or the judicial administrative department at a higher level,
shall rescind a notarial document which has already been issued, if they
discover that there are improper points or mistakes in it.

Article 27 In the event that notarial documents, processed in accordance
with the application made by the party concerned, are to be sent to a foreign
country for use, these notarial documents, apart from being processed in
accordance with the procedures as prescribed in this chapter, shall be sent to
the Ministry of Foreign Affairs, or to the foreign affairs office of the
province, autonomous region, or municipality directly under the Central
Government, and also to the said foreign country’s embassy or consulate in
China for confirmation. However, the aforesaid stipulations shall not apply to
such cases where a foreign country in which the notarial documents are to be
used prescribes otherwise in its relevant provisions, or where an agreement has
been signed between China and the said foreign country on exempting the
aforesaid confirmation of notarial documents.
Chapter VI Supplementary Provisions

Article 28 These Regulations shall apply to foreign citizens residing in
China.

Article 29 The right to interpret these Regulations shall reside in the
Ministry of Justice,

Article 30 These Regulations shall go into effect as of the date of
promulgation.?

ORGANIC LAW OF THE NATIONAL PEOPLE’S CONGRESS OF THE PEOPLE’S REPUBLIC OF CHINA

Organic Law of the National People’s Congress of the People’s Republic of China



	(Adopted at the Fifth Session of the Fifth National People’s Congress and promulgated for implementation by the proclamation of the National People’s Congress on December 10, 1982) Contents Chapter I Sessions of the National People’s Congress Chapter II The Standing Committee of the National People’s Congress Chapter III The Committees of the National People’s Congress Chapter IV Deputies to the National People’s Congress Chapter I Sessions of the National People’s Congress Article 1 Sessions of the National People’s Congress shall be convened in accordance with the relevant provisions of the Constitution of the People’s Republic of China. The first session of each National People’s Congress shall be convened by the Standing Committee of the previous National People’s Congress within two months of the election of deputies to the current National People’s Congress. Article 2 A month before the convening of a session of the National People’s Congress, its Standing Committee shall notify the deputies of the date of the session and of the main items on the proposed agenda. The provisions of the preceding paragraph shall not apply to specially convened sessions of the National People’s Congress. Article 3 After deputies to the National People’s Congress have been elected, their credentials shall be examined by the Credentials Committee of the Standing Committee of the National People’s Congress. Based on the reports submitted by the Credentials Committee, the Standing Committee of the National People’s Congress shall affirm the qualifications of deputies or invalidate the election of individual deputies, and shall publish the list of affirmed deputies prior to the first session of each National People’s Congress. Deputies to the National People’s Congress who are elected through by-elections shall have their credentials examined in accordance with the provisions of the preceding paragraphs. Article 4 Deputies to the National People’s Congress shall be grouped into delegations based on the units that elect them. Each delegation shall elect a head and deputy-heads. Before each session of the National People’s Congress is convened, the delegations shall discuss matters concerning preparations for the session put forward by the Standing Committee of the National People’s Congress. During the session, the delegations shall deliberate on the bills and proposals submitted to the Congress, and the heads of delegations or representatives chosen by them may express, on behalf of those delegations, opinions on the bills and proposals at meetings of the Presidium or at plenary meetings of the session. Article 5 Before each session of the National People’s Congress, a preparatory meeting shall be held to elect a Presidium and a Secretary-General for the session, adopt an agenda for that session and make decisions on other preparatory work. The preparatory meeting shall be presided over by the Standing Committee of the National People’s Congress. The preparatory meeting of the first session of each National People’s Congress shall be conducted by the Standing Committee of the previous National People’s Congress. Article 6 The Presidium shall preside over the sessions of the National People’s Congress. The Presidium shall elect some of its members to rotate as executive chairmen of the sessions. Standing chairmen shall be elected by the Presidium to convene and preside over meetings of the Presidium. Article 7 For each session, the National People’s Congress shall set up a secretariat which shall work under the direction of the Secretary-General. Each session of the National People’s Congress shall install several Deputy Secretaries-General, whose choice shall be decided on by the Presidium. Article 8 Members of the State Council, members of the Central Military Commission, the President of the Supreme People’s Court and the Procurator-General of the Supreme People’s Procuratorate may attend meetings of the National People’s Congress but without voting rights. By decision of the Presidium, responsible officers of other State organs and public organizations may also attend meetings of the National People’s Congress without voting rights. Article 9 The Presidium, the Standing Committee and the special committees of the National People’s Congress, the State Council, the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate may submit to the National People’s Congress bills or proposals that fall within the scope of its functions and powers. The Presidium shall decide whether to refer the bills or proposals to the various delegations or to the delegations and relevant special committees for deliberation. The result of the deliberations shall then be reported to the Presidium which may, after its own deliberation and decision, put the bills or proposals to a vote at a plenary meeting. Article 10 A delegation or a group of thirty or more deputies may submit to the National People’s Congress bills or proposals that fall within the scope of its functions and powers. The Presidium may decide whether or not to put the bills or proposals on the agenda of the Congress, or it may refer the bills or proposals to the relevant special committees for deliberation and, after receiving their opinions, decide whether or not to put the bills or proposals on the agenda of the Congress. Article 11 Deliberation on a bill or proposal submitted to the National People’s Congress shall terminate upon the request of its sponsor for its withdrawal before it is put to a vote in the Congress. Article 12 Sessions of the National People’s Congress shall adopt bills amending the Constitution, legislative bills and other bills in accordance with the relevant provisions of the Constitution of the People’s Republic of China. Article 13 Candidates for Chairman, Vice-Chairmen, Secretary-General and other members of the Standing Committee of the National People’s Congress, President and Vice-President of the People’s Republic of China, Chairman of the Central Military Commission, President of the Supreme People’s Court and Procurator-General of the Supreme People’s Procuratorate shall be nominated by the Presidium which, after consultation among the various delegations, shall decide upon a formal list of candidates, based on the opinion of the majority of deputies. Article 14 The Premier and other members of the State Council and members of the Central Military Commission other than its Chairman shall be nominated in accordance with the relevant provisions of the Constitution. Article 15 Proposals for the removal from office of a member of the Standing Committee of the National People’s Congress, the President or Vice-President of the People’s Republic of China, a member of the State Council or the Central Military Commission, the President of the Supreme People’s Court or the Procurator-General of the Supreme People’s Procuratorate may be submitted by three or more delegations or at least one-tenth of the number of deputies to the National People’s Congress. The Presidium shall then put the proposal before the Congress for deliberation. Article 16 During a session of the National People’s Congress, a delegation or a group of thirty or more deputies may address written questions to the State Council and the ministries and commissions under the State Council. The Presidium shall decide whether to refer the questions to the organs concerned for written replies or to ask the leaders of those organs to give oral replies at meetings of the Presidium, the relevant special committees or the relevant delegations. If the replies are to be given at meetings of the Presidium or special committees, the head of the delegation or of the group of deputies who addressed the questions may also attend the meetings to express their opinions. Article 17 During deliberation on a bill or proposal in the National People’s Congress, deputies may address inquiries to the relevant State organs, and those organs shall send their representatives to give explanations at group meetings of the deputies or at delegation meetings. Article 18 At sessions of the National People’s Congress, elections may be conducted and bills may be passed by secret ballot, by a show of hands or by any other form as decided by the Presidium. Article 19 When the National People’s Congress is in session, deputies from the minority nationalities shall be provided with the necessary facilities for interpretation. Article 20 Sessions of the National People’s Congress shall be open to the public; when necessary, closed sessions may be held by decision of a meeting of the Presidium and the heads of all the delegations. Article 21 The proposals, criticisms and opinions put forward by deputies to the National People’s Congress or its Standing Committee concerning any sphere of work shall be referred by the office of the Standing Committee to the relevant agencies or organizations for study, handling and a responsible answer. Chapter II The Standing Committee of the National People’s Congress Article 22 The Standing Committee of the National People’s Congress shall exercise the functions and powers prescribed in the Constitution of the People’s Republic of China. Article 23 The Standing Committee of the National People’s Congress shall be composed of the following personnel: the Chairman; the Vice-Chairmen; the Secretary-General; and other members. Members of the Standing Committee shall be elected by the National People’s Congress from among its deputies. A member of the Standing Committee may not hold office in the administrative, judicial or procuratorial organs of the State. If he expects to hold such an office, he must first resign from his post in the Standing Committee. Article 24 The Chairman of the Standing Committee shall preside over meetings of the Standing Committee and direct its work. The Vice-Chairmen and the Secretary-General shall assist the Chairman in his work. When entrusted by the Chairman, a Vice-Chairman may exercise certain functions and powers of the Chairman. Should the Chairman of the Standing Committee be incapacitated for work for reasons of health or should his office fall vacant, the Standing Committee shall choose one of the Vice-Chairmen to exercise the functions of the Chairman until the Chairman’s recovery or until a new Chairman is elected by the National People’s Congress. Article 25 A Council of the Chairman composed of the Standing Committee’s Chairman, Vice-Chairmen and Secretary-General shall handle the important day-to-day work of the Standing Committee, which shall consist of the following: (1) to decide on the time for each meeting of the Standing Committee and draft the agenda of the meeting; (2) to decide whether the bills, proposals and questions submitted to the Standing Committee should be referred to the relevant special committees or submitted to a general meeting of the Standing Committee for deliberation; (3) to direct and coordinate the day-to-day work of the special committees; and (4) to handle the other important day-to-day work of the Standing Committee. Article 26 The Standing Committee shall establish a Deputies Credentials Committee. The chairman, vice-chairmen and members of the Deputies Credentials Committee shall be nominated by the Council of the Chairman from among the members of the Standing Committee, and the nominees shall be approved at a meeting of the Standing Committee. Article 27 The Standing Committee shall establish a general office which shall work under the direction of the Secretary-General. The Standing Committee shall install Deputy Secretaries-General, whom it shall appoint or remove upon recommendation by the Chairman of the Standing Committee. Article 28 When necessary, the Standing Committee may establish working commissions. The chairman, vice-chairmen and members of the working commissions shall be appointed or removed by the Standing Committee upon recommendation by its Chairman. Article 29 Meetings of the Standing Committee, usually held once every other month, shall be called by its Chairman. Article 30 When the Standing Committee is in session, the standing committees of the people’s congresses of the provinces, autonomous regions, and municipalities directly under the Central Government may each send a chairman or vice-chairman to attend the meetings and express their opinions. Article 31 The legislative bills and other bills brought before the Standing Committee for deliberation shall be adopted by a simple majority vote of all its members. Article 32 The special committees of the National People’s Congress, the State Council, the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate may submit to the Standing Committee bills and proposals that fall within the scope of its functions and powers. The Council of the Chairman shall decide whether to directly submit the bills and proposals to a meeting of the Standing Committee for deliberation or to first refer them to the relevant special committees and after receiving the reports on their deliberations then submit the bills and proposals to the Standing Committee for deliberation. Bills and proposals that fall within the scope of the functions and powers of the Standing Committee may be submitted to the Standing Committee by ten or more members of the Standing Committee. The Council of the Chairman shall decide whether to directly submit the bills to a meeting of the Standing Committee for deliberation or to first submit them to the relevant special committees and after receiving the reports on their deliberations then submit the bills to the Standing Committee for deliberation. Article 33 During a session of the Standing Committee, a group of ten or more members of the Committee may submit to the Standing Committee written questions addressed to the State Council and the ministries and commissions under the State Council. The Council of the Chairman shall decide whether to refer the questions to the organs concerned for written replies or to request the heads of those agencies to give oral replies at meetings of the Standing Committee or the relevant special committees. When replies are to be given at meetings of the special committees, the members of the Standing Committee who submitted the questions may attend and express their opinions. Article 34 During each session of the National People’s Congress, the Standing Committee must make a report on its work to the National People’s Congress. Chapter III The Committees of the National People’s Congress Article 35 The National People’s Congress shall establish a Nationalities Committee, a Law Committee, a Finance and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such other special committees as may be deemed necessary by the National People’s Congress. The special committees shall be under the direction of the National People’s Congress, and of its Standing Committee when the Congress is not in session. Each special committee shall be composed of a chairman, vice-chairmen and members. Candidates for chairman, vice-chairman or member of such special committees shall be nominated from among the deputies by the Presidium and shall be approved by the National People’s Congress. When the National People’s Congress is not in session, its Standing Committee may appoint additional members to the special committees, including a vice-chairman; the Council of the Chairman shall make nominations for these appointments, which shall be subject to approval by a meeting of the Standing Committee. Article 36 The chairman of each special committee shall preside over meetings of the committee and direct its work. The vice-chairmen shall assist the chairman in his work. The special committees may appoint a certain number of experts as advisers, if their work so requires. The advisers may attend special committee meetings and express their opinions. The advisers shall be appointed or removed by the Standing Committee of the National People’s Congress. Article 37 The work of the special committees shall be as follows: (1) to deliberate on bills and proposals received from the Presidium or the Standing Committee of the National People’s Congress; (2) to submit to the Presidium or the Standing Committee of the National People’s Congress bills and proposals which are related to the special committees and which fall within the scope of functions and powers of the National People’s Congress or its Standing Committee; (3) to examine and submit reports on items received from the Standing Committee of the National People’s Congress which are considered to be in contravention of the Constitution or other laws; such items include administrative regulations, decisions and orders issued by the State Council; orders, instructions and regulations issued by the ministries and commissions under the State Council; regulations and resolutions issued locally by the people’s congresses of the provinces, autonomous regions, and municipalities directly under the Central Government and their standing committees; and decisions, orders and regulations issued by the people’s governments of the provinces, autonomous regions, and municipalities directly under the Central Government; (4) to examine questions referred by the Presidium or the Standing Committee of the National People’s Congress, to hear the replies given by the organs questioned and, when necessary, to submit reports to the Presidium or the Standing Committee of the National People’s Congress; and (5) to investigate and propose solutions to issues which are related to the special committees and which fall within the scope of functions and powers of the National People’s Congress or its Standing Committee. The Nationalities Committee may, in addition, conduct investigations and make proposals on how to strengthen unity among the nationalities; it shall deliberate on the regulations on autonomy and separate regulations submitted by the autonomous regions to the Standing Committee of the National People’s Congress for approval and shall report its deliberations to the Standing Committee of the National People’s Congress. The Law Committee shall deliberate on all drafted laws submitted to the National People’s Congress or its Standing Committee; other special committees shall send to the Law Committee their comments on the drafts which concern them. Article 38 The National People’s Congress and its Standing Committee may appoint committees for the investigation of specific issues. The organization and work of the committees shall be decided by the National People’s Congress or its Standing Committee. Chapter IV Deputies to the National People’s Congress Article 39 The term of office of the deputies to each National People’s Congress shall be five years, beginning with its first session and ending with the first session of the succeeding National People’s Congress. Article 40 Deputies to the National People’s Congress must observe the Constitution and other laws in an exemplary way, keep State secrets and, in the course of production, other work and the public activities in which they take part, assist in the enforcement of the Constitution and other laws. Article 41 Deputies to the National People’s Congress should maintain close contact with the units that elected them and with the people. They may attend, without voting rights, meetings of the people’s congresses of the units that elected them, so as to heed and convey the opinions and demands of the people and work hard to serve them. Article 42 While deputies to the National People’s Congress attend meetings of the Congress or perform other duties required of them as deputies, the State shall provide them with appropriate allowances and material facilities according to their actual needs. Article 43 No deputy to the National People’s Congress or member of its Standing Committee may be held legally liable for his speeches or votes at various meetings of the National People’s Congress and its Standing Committee. Article 44 No deputy to the National People’s Congress may be arrested or placed on criminal trial without the consent of the Presidium of the National People’s Congress or, when the National People’s Congress is not in session, of its Standing Committee. If a deputy to the National People’s Congress is caught in the act and detained, the public security organ which has detained him shall immediately report the matter to the Presidium or the Standing Committee of the National People’s Congress. Article 45 Deputies to the National People’s Congress shall be subject to the supervision of the units that elected them. Such units shall have the power to recall the deputies they elect. The recall of a deputy from the National People’s Congress shall require a simple majority vote of all the deputies of the unit that elected him. If the people’s congress of a province, autonomous region, or municipality directly under the Central Government is not in session, its standing committee may, with the approval of a simple majority of its members, recall individual deputies elected to the National People’s Congress by its people’s congresses. Deputies being recalled may attend the meetings concerning their recall or submit written appeals to the meetings. Resolutions to recall deputies must be reported to the Standing Committee of the National People’s Congress for the record. Article 46 If the office of a deputy to the National People’s Congress falls vacant for some reason, the electoral unit which elected him shall hold by-elections to fill the vacancy. Should the office of an individual deputy to the National People’s Congress fall vacant when the people’s congress of his province, autonomous region, or municipality directly under the Central Government is not in session, its standing committee may hold by-elections to fill the vacancy.

INTERIM REGULATIONS ON THE LICENCING SYSTEM FOR IMPORT COMMODITIES

Category	FOREIGN TRADE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1984-01-10	Effective Date	1984-01-10

Interim Regulations of the People’s Republic of China on the Licencing System for Import Commodities

(Promulgated by the State Council on January 10, 1984)

Article 1 These Regulations are formulated to strengthen planning and
administration of imports, and to upgrade the economic efficiency, so as to
facilitate the construction of socialist modernization.

Article 2 The People’s Republic of China implements the licencing system
for import commodities. With respect to all those commodities subject to a
licence for import as stipulated in these Regulations, except as otherwise
provided by the state, an application must be filed in advance for obtaining an
import licenee, and the import order for the required commodities shall be
handled by a company approved by the state to be engaged in the import business
of the said commodities. The Customs shall give clearance against the import
licences and other relevant documents.

Article 3 The Ministry of Foreign Economic Relations and Trade of the
People’s Republic of China shall, on behalf of the state, be responsible for
the unified issue of the import licences.

The departments of foreign economic relations and trade at the provincial
level may, within the scope of competence prescribed by the Ministry of Foreign
Economic Relations and Trade, issue import licences related to the importation
of the respective provinces, autonomous regions, or municipalities directly
under the Central Government.

The Ministry of Foreign Economic Relations and Trade may also authorize its
accredited representatives’ offices stationed at the main ports to issue,
within the prescribed scope of competence, the import Iicences.

Article 4 Various categories of companies that have been approved by the
state to engage in import business must handle the import business operations
strictly in accordance with the approved scope of business and with the
catalogue of import commodities.

The goods, which are imported by the national foreign trade corporations
engaged in specialized import and export business, or by import and export
companies attached to various ministries, or by import and export companies
attached to various provincial governments referred to by the term “companies”
mentioned in the preceding paragraph, shall, with the exception of those goods
under import restrictions imposed by the state, be exempt from the import
licences, and the Customs shall give clearance against the relevant import
documents.

All departments and enterprises without the approval of the state to engage
in import business are forbidden to import goods without authorization.

Article 5 The goods which are imported in accordance with the provisions
of the state, and with the approval of the relevant ministries or commissions
under the State Council or of the people’s governments of the respective
provinces, autonomous regions, and municipalities directly under the Central
Government, for executing various agreements and contracts concluded with
parties from abroad for processing supplied materials, for assembling supplied
parts and components, for compensation trade, or for contracting of
construction projects, and which have not exceeded the scope of the approved
items, shall be exempt from import licences. However, where the importation
with respect to the compensation trade or the contracting of construction
projects goods under import restrictions by the state; or where the materials
or the parts and components or the finished products after processing, imported
for executing contracts for processing supplied materials or for assembling
supplied parts and components are needed to diverse for domestic sale, an
application must filed for obtaining an import licence.

Article 6 In respect of the importation of goods under import restrictions
imposed by the state, irrespective of their forms of import, sources of
foreign exchange, and channels for import, the matter shall be submitted to the
competent administrative departments and the relevant examining departments
for examination and approval in accordance with the scope of competence and
limits of authority for examination and approval provided by the state; and
then, the ordering units shall apply for the import licences by presenting the
approval document.

The varieties of goods under import restrictions imposed by the state shall
be uniformly adjusted and made known to the public by the Ministry of Foreign
Economic Relations and Trade in accordance with the provisions formulated by
the state.

Article 7 The following imports, which do not fall under the scope of
varieties stipulated in the second paragraph of the preceding article, shall be
exempt from the import licences:

1. samples purchased or provided free of charge by foreign businessmen, in
the course of import and export business, by various categories of companies
which have been approved by the state to engage in import and export business;

2. articles urgently required for professional usage which are purchased
from abroad at the international market price of 5,000 U.S. dollars or less, by
such departments as scientific research, education, culture, physical culture,
medicine, and public health, with the approval of the Ministry of Foreign
Economic Relations and Trade, or the administrative departments of foreign
economic relations and trade at the provincial level, or the accredited
representatives’ offices of the Ministry of Foreign Economic Relations and
Trade stationed at various ports;

3. machinery and electrical instruments and fittings urgently required in
production which are purchased from abroad by industrial or mining enterprises
at the international market price of 5,000 U.S. dollars or less, with the
approval of the Ministry of Foreign Economic Relations and Trade, or the
administrative departments of foreign economic relations and trade at the
provincial level, or the accredited representatives’ offices of the Ministry of Foreign Economic Relations and Trade stationed at
various ports;

4. commodities imported with the special approval by the state.

The Customs shall give clearance to the imported goods mentioned in Items
2, 3 and 4 of the preceding paragraph against the approval documents.

Article 8 With respect to the goods purchased as mentioned in Items 2 and
3 of the first paragraph of the preceding article, if they are bought at an
international market price that exceeds the prescribed limit, an application
must be filed for obtaining the import licences.

If departments or public institutions other than those mentioned in Items 2
and 3 of the first paragraph of the preceding article are to purchase from
abroad the urgently required articles, they must also apply for obtaining the
import licences.

Article 9 With respect to the goods and materials required in production
by Chinese-foreign equity joint ventures, if they cannot be obtained in the
domestic market, the aforesaid equity joint ventures may order them from abroad
through the relevant foreign trade companies, or the equity joint ventures
may, within their scope of business operation, import the goods and materials
by themselves. Matters concerning the scope of and the procedures for the
import licenoes shall be handled in accordance with the provisions of Article
63 of the Rules for the Implementation of the Law of the People’s Republic of
China on Chinese-Foreign Equity Joint Ventures.

Article 10 Under any one of the following circumstances, the Ministry of
Foreign Economic Relations and Trade shall not issue the import licence, or
revoke the import licence already issued:

1. goods the importation of which the state has decided to stop or to stop
for the time being;

2. goods the importation of which is not in conformity with the foreign
policy of the state;

3. the imported goods that are not in conformity with the contents of
bilateral trade agreements or the agreements of payment;

4. the imported goods that are not in conformity with the sanitation
criteria or the quarantine criteria for medicine, foodstuff, animals and
plants, agricultural products, livestock products, aquatic products. as set by
the state public health departments and the departments of agriculture, animal
husbandry and fishery;

5. other imported goods that jeopardize the interests of the state, or that
are handled illegally.

Article 11 To apply for the import licence, the applicant must present an
official certifying letter issued by a unit at the provincial department or
bureau level or higher, and submit also the certifying document indicating the
approval of the importation of the said goods by the relevant competent
administrative departments and the examining departments. The application shall
contain such items as the names of the imported goods, specifications,
quantity, amount of money paid, purposes of usage, the
country from which the goods are to be imported, sources of foreign exchange,
and the domestic units that shall conclude the transaction with external units.
The licence issuing department shall issue the import licence after it has
examined the application and found it to be in conformity with relevant
provisions.

In applying for the licence for import goods, the applying unit must make
the application strictly according to the facts and must not resort to
deception or trickery. Violators shall be investigated and punished.

Article 12 The term of validity of the import licence shall be one year.
In the event that within the term of validity the goods have not been imported,
the unit that holds the licence may make an application to the licence issuing
authorities for an extension of the term of validity; the licence issuing
authorities may, in accordance with the stipulations of the relevant contract,
extend the term of validity accordingly.

Article 13 In the event of a violation of the provisions of these
Regulations, with respect to the goods imported arbitrarily without applying
for the import licence in advance, the Customs may confiscate the goods or give
an order for the goods to be shipped back; where the importation has been
verified by the licence issuing department and the import licence has been
issued afterwards, the Customs may, at its discretion, impose a fine on the
violator and then give clearance. With respect to the forgery, alteration or
illegal transfer of the import licence, the case shall be dealt with by the
Customs in accordance with the pertinent provisions of the Customs laws and
regulations.

Article 14 Matters concerning goods imported by the special economic zones
for the use within the special economic zones shall be handled in accordance
with the special provisions of the special economic zones; matters concerning
the imported goods and the goods manufactured in the special economic zones,
which are to be transported to the inland of the country, shall all be handled
in accordance with the provisions of these Regulations.

Article 15 The Ministry of Foreign Economic Relations and Trade shall be
responsible for the interpretation of these Regulations; and the rules for the
implementation of these Regulations shall be formulated jointly by the Ministry
of Foreign Economic Relations and Trade and the General Administration of
Customs.

Article 16 These Regulations shall go into effect as of the date of
promulgation.?

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