STATISTICS LAW

Statistics Law of the People’s Republic of China

CHAPTER I GENERAL PROVISIONS

CHAPTER II PLANS FOR STATISTICAL INVESTIGATIONS AND THE STATISTICAL SYSTEM

CHAPTER III THE ADMINISTRATION AND PUBLICATION OF STATISTICAL DATA CHAPTER IV STATISTICS INSTITUTIONS AND STATISTICIANS

CHAPTER V LEGAL RESPONSIBILITY

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 1 This Law is formulated in order to organize statistical work in an effective and scientific manner, to ensure accuracy and timeliness
of statistical data, to bring into play the important role of statistics in comprehending the actual condition and strength of the
country as well as in guiding national economic and social development, and to promote the smooth progress of the socialist modernization.

Article 2 The fundamental task of statistical work is to make statistical investigation and analysis of national economic and social development,
to provide statistical data and advice and to exercise statistical supervision.

Article 3 State organs, public organizations, enterprises, institutions, and self-employed industrialists and businessmen that are under statistical
investigation shall, in accordance with the provisions of this Law and State regulations, provide truthful statistical data. They
may not make false entries or conceal statistical data, and they may not refuse to submit statistical reports or report statistical
data belatedly. Falsification of or tampering with statistical data shall be prohibited.

Autonomous mass organizations at the grass-roots level and citizens shall have the duty to provide truthful information needed for
State statistical investigations.

Article 4 The State shall establish a centralized and unified statistical system, with a statistical administrative structure under unified
leadership and with each level assuming responsibility for its own work.

A State Statistics Bureau shall be established under the State Council to be responsible for organizing, directing and coordinating
the statistical work throughout the country.

People’s governments at all levels and all departments, enterprises and institutions may, according to the needs of their statistical
work, set up statistics institutions and staff them with statisticians.

Article 5 The State shall strengthen scientific research of the system for statistical indices and constantly improve the method of statistical
investigation in order to make statistics more scientific and authentic.

The State shall make plans to introduce modern techniques of processing and transmission of statistical information as well as a modern
data bank system.

Article 6 Leading members of local authorities, departments and units shall direct and supervise statistics institutions and statisticians
and other persons concerned in enforcing this Law and the rules governing statistical work.

Statistical work shall be subject to public supervision. Any unit or individual shall have the right to expose or report unlawful
activities in statistical work, such as fraud and deception, and any unit or individual that has rendered meritorious service by
exposing or reporting shall be rewarded.

Article 7 Leading members of local authorities, departments and units may not revise the statistical data provided by statistics institutions
and statisticians in accordance with the provisions of this Law and the rules governing statistical work; if they find any error
in data computation or in data sources, they shall instruct the statistics institutions and statisticians and other persons concerned
to make verification and corrections.

No leading members of local authorities, departments or units may compel or prompt statistics institutions or statisticians to tamper
with or fabricate statistical data. Statistics institutions and statisticians shall refuse to submit to or oppose such compulsion
or prompting and, in accordance with this Law and regulations on statistics, submit authentic statistical data and be responsible
for their authenticity.

Statistics institutions and statisticians shall perform their duties according to law, which shall be protected by law. No leading
members of local authorities, departments or units may retaliate against the statisticians who refuse to tamper with or fabricate
statistical data or oppose doing it.

Article 8 Statistics institutions and statisticians shall adopt the system of responsibility for work. They shall, in accordance with the provisions
of this Law and the rules governing statistical work, truthfully provide statistical data, accurately and promptly accomplish the
task of statistical work and protect State secrets.

In accordance with the provisions of this law, statistics institutions and statisticians shall exercise, independently and free from
interference, their functions and powers with regard to statistical investigations, statistical reports and statistical supervision.

CHAPTER II PLANS FOR STATISTICAL INVESTIGATIONS AND THE STATISTICAL

Article 9 Statistical investigations shall be conducted in accordance with an approved plan. A statistical investigation plan shall be drawn
up according to statistical investigation items.

State statistical investigation items shall be worked out by the State Statistics Bureau, or by the State Statistics Bureau jointly
with the relevant department or departments of the State Council, and shall be submitted to the State Council for examination and
approval.

Statistical investigation items of a department shall be worked out, if the units to be investigated lie within its jurisdiction,
by the department itself and shall be reported to the State Statistics Bureau or to a statistics institution of a local people’s
government at the same level for the record; if the units to be investigated lie beyond its jurisdiction, the investigation items
shall be worked out by the department and shall be reported to the State Statistics Bureau or to a statistics institution of a local
people’s government at the same level for examination and approval, but important items shall be reported to the State Council or
a local people’s government at the same level for examination and approval.

Local statistical investigation items shall be worked out by statistics institutions of local people’s governments at or above the
county level, or by statistics institutions of local people’s governments at or above the county level jointly with the relevant
department or departments, and shall all be reported to local people’s governments at the same level for examination and approval.

In the even of serious natural calamities or other unforeseeable situations, local people’s governments at or above the county level
may decide to make interim investigations beyond the original plan.

In drawing up a plan for statistical investigation items, it is necessary to draw up simultaneously appropriate statistical investigation
forms, which shall be reported to the State Statistics Bureau or a statistics institution of a local people’s government at the same
level for examination or for the record.

State, departmental and local statistical investigations must be explicitly divided in their functions. They shall be made to dovetail
with each other and not overlap.

Article 10 Statistical investigation shall be conducted to collect and sort out basic statistical data mainly through regular sampling surveys
on the basis of cyclic general surveys and supplemented by statistical reports, major surveys and comprehensive analysis.

For important general surveys of the national conditions and strength where the joint efforts of different quarters are required,
the State Council and local people’s governments at various levels shall exercise unified leadership and organize joint execution
by statistics institutions and other departments concerned.

Before conducting regular sampling surveys, it is necessary to find out about the basic statistics units and their geographical distribution
and to establish a scientific sampling framework in accordance with an approved plan for sampling surveys.

The issue of regular overall statistics forms to the grass-roots units shall be strictly limited. Where it is possible to obtain statistical
data through sampling surveys, major surveys and administrative records, no regular overall statistics forms shall be drawn up or
issued.

Article 11 The State shall formulate unified statistical standards to ensure standardization of definitions of statistical items, computing
methods, classification catalogues, investigation forms and statistical coding employed in statistical investigations.

The State statistical standards shall be formulated by the State Statistics Bureau or by the State Statistics Bureau jointly with
the State Bureau of Standards.

The various departments of the State Council may formulate supplementary departmental statistical standards. Departmental statistical
standards may not conflict with the State statistical standards.

Article 12 The units and individuals under statistical investigation shall have the right to refuse to fill in statistical investigation forms
drawn up and issued in violation of this Law and relevant State regulations.

It is forbidden to make use of statistical investigation to steal State secrets, jeopardize public interests and engage in fraud.

CHAPTER III THE ADMINISTRATION AND PUBLICATION OF STATISTICAL DATA

Article 13 Statistical data within the scope of State and local statistical investigations shall be separately placed under the unified administration
of the State Statistics Bureau, the statistics institutions of local people’s governments at or above the county level or the statisticians
of townships and towns.

Statistical data within the scope of departmental statistical investigations shall be placed under the unified administration of statistics
institutions or persons in charge of statistics of competent departments.

Statistical data of enterprises and institutions shall be placed under the unified administration of statistics institutions or persons
in charge of statistics of the enterprises and institutions.

Article 14 Statistical data shall, in accordance with State regulations, be published periodically by the State Statistics Bureau and statistics
institutions of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.

Statistical data to be published by local authorities, departments and units shall be checked and ratified by the statistics institutions
or persons in charge of statistics as prescribed in Article 13 of this Law, and shall be submitted for examination and approval according
to procedures stipulated by the State.

Statistical data published by the State Statistics Bureau shall be the standard data.

Article 15 Statistical data pertaining to State secrets must be kept confidential. Single item investigation data concerning any individual
or his/her family shall not be divulged without the consent of the said person.

Statistics institutions and statisticians shall have the obligation to maintain commercial secrets of the units and individuals under
their statistical investigation, which they have come to know in the process.

CHAPTER IV STATISTICS INSTITUTIONS AND STATISTICIANS

Article 16 Independent statistics institutions shall be established in local people’s governments at or above the county level, and people’s
governments of townships and towns shall be staffed with full-time or part-time statisticians, who shall be responsible for organizing,
guiding and coordinating the statistical work in their respective administrative areas.

Article 17 The administrative structure with regard to statistics institutions of local people’s governments at or above the county level and
statisticians of townships and towns shall be specifically prescribed by the State Council.

The sizes of the staff of statistics institutions of local people’s governments at various levels shall be prescribed by the State
in a unified way.

Article 18 The departments of the State Council and local people’s governments at various levels shall, according to the needs of their statistical
work, establish statistics institutions, or staff relevant departments with statisticians, and appoint persons in charge of statistics.
These statistics institutions and persons in charge of statistics are, in statistical work, under the direction of the State Statistics
Bureau or statistics institutions of local people’s governments at the corresponding level.

Article 19 Enterprises and institutions shall, according to the needs of their statistical work, establish statistics institutions or staff
relevant departments with statisticians, and appoint persons in charge of statistics.

Enterprises and institutions shall fulfill State or local statistical investigation tasks and accept the direction of statistics institutions
of local people’s governments.

Enterprises and institutions shall keep original statistical records and standing books, establish and improve the management systems
for checking, transferring and filing statistical data.

Article 20 The main functions of the State Statistics Bureau and statistics institutions of local people’s governments at various levels are
as follows:

(1) to draw up plans for statistical investigations and map out and inspect statistical work throughout the country or in their respective
administrative areas;

(2) to organize State and local statistical investigations and to collect, compile and provide statistical data of the whole country
or of their respective administrative areas;

(3) to make statistical analysis of national economic and social development, to exercise statistical supervision and, in accordance
with the regulations of the State Council, to conduct national economic accounting.

(4) to administer and coordinate work concerning the statistical investigation forms and statistical standards worked out by various
departments.

The State Statistics Bureau shall be in charge of the nation’s automated system of statistical information and statistical data bank
system.

Statisticians of townships and towns shall, together with persons concerned, take charge of the statistical work in rural areas at
the grassroots level, and accomplish the tasks of State and local statistical investigations.

Article 21 The main functions of statistics institutions or persons in charge of statistics of departments of the State Council and local people’s
governments at various levels are as follows:

(1) to organize and coordinate the statistical work of various functional organs of such departments, to execute the tasks of State
and local statistical investigations, to draw up and carry out statistical investigation plans of such departments and to collect,
compile and provide statistical data;

(2) to make statistical analysis of and exercise statistical supervision over the implementation of plans of such departments and
of the enterprises and institutions under their jurisdiction; and

(3) to organize and coordinate the statistical work of enterprises and institutions under the jurisdiction of such departments and
handle statistical investigation forms of such departments.

Article 22 The main functions of statistics institutions and persons in charge of statistics of enterprises and institutions are as follows:

(1) to organize and coordinate the statistical work of such units, to execute the tasks of State, departmental and local statistical
investigations, and to collect, compile and provide statistical data;

(2) to make statistical analysis of and exercise statistical supervision over the implementation of plans of such units; and

(3) to handle statistical investigation forms of such units, to establish and improve statistical master-file systems and to establish
and improve, jointly with organs or persons concerned, original record systems.

Article 23 Statistics institutions and statisticians shall have the power:

(1) to require units or persons concerned to provide truthful statistical data in accordance with State regulations;

(2) to check the accuracy of statistical data and to ask for correction of inaccurate statistical data; and

(3) to expose and report any violations of law committed in statistical investigation.

When performing their duties in accordance with the provisions of the preceding paragraph and conducting statistical investigation
of units or individuals, statisticians shall produce their official papers issued by statistics institutions of the people’s governments
at or above the county level.

Article 24 Statisticians shall adhere to the principle of seeking truth from facts, abide by professional ethics and possess the professional
knowledge necessary for carrying out statistical tasks. Statistics institutions shall provide more professional training for statisticians
and organize them for professional studies.

Article 25 Statistics institutions of the State Council and of local people’s governments at various levels, various departments, enterprises
and institutions shall, in accordance with relevant State regulations, evaluate statisticians and confer on them appropriate professional
post_titles in order to ensure a fixed number of statisticians holding professional post_titles.

Article 26 Leading members of local authorities, departments or units who alter statistical data without authorization, or fabricate statistical
data, or compel or prompt statistics institutions or statisticians to tamper with or fabricate statistical data shall be given administrative
sanctions according to law and criticized in a circulated notice by the statistics institutions of the people’s governments at or
above the county level.

Any leading member of local authorities, departments or units who retaliates against the statisticians who refuses to fabricate statistical
data or opposes doing so shall be given administrative sanctions according to law; if the case constitutes a crime, he shall be investigated
for criminal responsibility according to law.

Statisticians who participate in tampering with or fabricating statistical data shall be criticized in a circulated notice and given
administrative sanctions in accordance with law by the statistics institutions of the people’s governments at or above the county
level; or the said institutions may suggest that the departments concerned give them administrative sanctions in accordance with
law.

Article 27 Any unit or individual under statistical investigation that commits one of the following violations shall be ordered to put it right
and criticized in a circulated notice by the statistics institutions of the people’s governments at or above the county level; if
the violation is relatively serious, administrative sanctions shall be given to the persons who are directly in charge and other
persons who are directly responsible for it:

(1) making false entries in statistical data or concealing statistical data;

(2) falsifying or tampering with statistical data; or

(3) refusing to submit statistical reports or repeatedly delaying their submission.

Any enterprise, institution and self-employed industrialist or businessman that commits any of the violations mentioned in the preceding
paragraph shall be given a disciplinary warning by the statistics institution of the people’s government at or above the county level,
and may also be fined. However, if the same party has been fined for the same violation according to other laws, it shall not be
fined a second time.

Article 28 If a person, in violation of the provisions of this Law, tampers with or fabricates statistical data and thus gains post_titles of honour,
material rewards or promotion, the institution that made such decision or the institution at a higher level, or a supervisory institution
shall have the post_titles of honour annulled, the material rewards recovered and the promotion canceled.

Article 29 Whoever makes use of statistical investigation to steal State secrets or violates the provisions of this Law regarding the maintenance
of secrets shall be punished according to provisions of relevant laws.

Whoever makes use of statistical investigation to jeopardize public interests or engage in fraud shall be ordered by the statistics
institution of the people’s government at or above the county level to set it right and his illegal gains shall be confiscated, and
he may also be fined; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.

Article 30 Statistics institutions or statisticians that, in violation of the provisions of this Law, disclose single-item personal or family
investigation data or commercial secrets of an investigated unit or individual and thus cause losses shall bear civil liability,
and the persons who are directly in charge and other persons who are directly responsible for the case shall be given administrative
sanctions according to law.

Article 31 Any State organ that, in violation of the provision of this Law, draws up and issues statistical investigation forms without submitting
the matter for examination or for the record shall be ordered by the statistics institution of the people’s government at or above
the county level to set it right and criticized in a circulated notice.

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 32 Measures for administration of non-governmental statistical investigation shall be formulated by the State Council.

To conduct a statistical investigation within the territory of the People’s Republic of China, organizations and individuals from
outside the territory of the People’s Republic of China shall submit a report for examination and for approval in advance according
to regulations. Specific measures shall be formulated by the State Council.

Article 33 The State Statistics Bureau shall, in accordance with this Law, formulate rules for its implementation and submit them to the State
Council for approval before they are put into effect.

Article 34 This Law shall go into effect as of January 1, 1984. The Regulations on Statistical Work for Trial Implementation promulgated by
the State Council in 1963 shall be invailidated therefrom.

RULES OF THE CUSTOMS GOVERNING CONTROL OVER INWARD AND OUTWARD OCEAN VESSELS, GOODS FOR THE PURPOSE OF CHINESE-FOREIGN COOPERATION EXPLOITATION OF OFFSHORE PETROLEUM

Rules of the Customs of the People’s Republic of China Governing Control over Inward and Outward Ocean Vessels, Goods for the Purpose
of Chinese-Foreign Cooperation Exploitation of Offshore Petroleum

(Effective Date:1984.06.01–Ineffective Date:)

CONTENTS

CHAPTER I GENERAL RULES

CHAPTER II CONTROL OVER FOREIGN VESSELS COMING FROM OR LEAVING FOR FOREIGN PORTS

CHAPTER III SUPERVISION AND CONTROL OVER IMPORT AND EXPORT GOODS

CHAPTER IV SUPERVISION AND CONTROL OVER LUGGAGE CARRIED BY FOREIGN STAFF WORKING IN CHINA FOR CHINESE-FOREIGN COOPERATIVE EXPLOITATION
OF OFFSHORE PETROLEUM

CHAPTER V SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL RULES

Article 1. These Rules are hereby formulated in accordance with stipulations laid down in the “Provisional Customs Law of the People’s Republic
of China”, the “Regulations of the People’s Republic of China on Exploitation of Offshore Petroleum Resources in Cooperation with
Foreign Enterprises” and other relevant decrees, for the purpose of encouraging the Chinese-foreign cooperative exploitation of offshore
petroleum.

Article 2. The vessels, platforms and goods imported and exported for the cooperative exploitation of offshore petroleum and luggage and articles
carried by foreign experts and technicians, shall be subject to control by the Customs of the People’s Republic of China (hereinafter
referred to as the Customs) in accordance with the provisions of these Rules.

Article 3. The corporations approved for cooperative exploitation of offshore petroleum and related service companies (including the regional
sub-corporations of the China National Offshore Oil Corporation (CNOOC), the special manufacturing company of China national offshore
oil, China national oilfield service and supply company, the contract corporation of joint ventures, foreign offshore companies and
foreign contract companies) shall submit the following documents to the local Customs for registration:

(1) The document of approval by the Ministry of Foreign Economic Relations and Trade of the People’s Republic of China or other competent
authorities.

(2) The contract (or the certificate of approval of the contract) for the exploitation project or sub-contract.

(3) The licence for business issued by the General Administration of Industry and Commerce of the People’s Republic of China or its
administrative bureaus.

CHAPTER II CONTROL OVER FOREIGN VESSELS COMING FROM OR LEAVING FOR FOREIGN PORTS

Article 4. Foreign vessels (including exploration, service, supply and transport vessels) and platforms (including drilling, operating platforms
and other structures on the sea), coming from foreign ports to the operating areas in the Chinese territorial sea (hereinafter referred
to as operating areas) or harbours or leaving the operating areas or harbours for abroad, as well as the special instruments and
equipment imported or exported on board the above-mentioned vessels or platforms for exploration and exploitation of offshore petroleum,
shall be declared to the Customs by the ship’s master or his agent and be subject to Customs inspection. Vessels entering and leaving
Chinese ports shall pay tonnage dues in accordance with the Provisional Rules Governing the Levy of Tonnage Dues.

Article 5. The Customs shall, when deemed necessary, inspect the foreign vessels plying between Chinese harbours or between operating areas
and Chinese coastal harbours during the period of operation.

Article 6. Special instruments and equipment for oil exploration and exploitation as well as ship’s stores (including foodstuffs) carried by
the vessels or platforms must be used or consumed solely on board these vessels or Platforms and in the operating area.

Any above-mentioned goods temporarily discharged ashore, shall be stored in the Customs-bonded warehouse and be placed under Customs
supervision and control.

In the case of goods being sold or transferred to vessels of Chinese nationality or other units or individuals, the person concerned
shall apply to the Customs in advance for approval and comply with the Customs formalities concerning the payment of duties and taxes.

Article 7. Vessels of Chinese nationality being rented to a foreign company shall be supervised and controlled by the Customs in accordance
with the regulations governing international ocean-going ships of Chinese nationality.

CHAPTER III SUPERVISION AND CONTROL OVER IMPORT AND EXPORT GOODS

Article 8. When goods are imported or exported for the cooperative exploitation of offshore petroleum, the goods-owner or his agent shall declare
them to the Customs at the place of entry or exit by filling in and submitting the import or export Goods Declaration in duplicate
together with the document of approval, bill of lading (or waybill), invoices and packing list as provided for in Articles 12 and
14 of the present Rules. Where the goods exceed the scope of the project or the company’s business scope, or are subject to import
and export licences in accordance with state stipulations, they shall be released by the Customs after verifying the import or export
licences issued by the Ministry of Foreign Economic Relations and Trade of the People’s Republic of China or its authorised agencies.

Where the goods-owner or his agent requests the completion of Customs formalities at the place of destination or shipment, permission
must be obtained from the Customs and the goods in question shall be placed under Customs transit procedure. When deemed necessary
the goods or the means of conveyance may be sealed by the Customs, and the forwarding agent shall be responsible for the intactness
of the Customs seals.

Article 9. At the time of Customs examination of the imports or exports, the goods-owner or his agent shall be present and be responsible for
unpacking the goods. Where examination of the goods is requested to be done outside the Customs supervision zone, the goods-owner
or his agent shall apply to the Customs in advance for permission, and pay the fees as stipulated by the relevant rules.

Article 10. Imported goods, if not applied for or duty-paid with three months from the date of entry of the means of conveyance, shall be taken
over by the Customs for disposal in accordance with the relevant Provisions.

Article 11. Delivery of import goods shall only be allowed after Customs clearance, or with the special permission of the Customs, and the loading
of export goods for shipment abroad after completion of Customs formalities shall proceed under the Customs supervision and control.

Article 12. When the machinery, equipment, spare parts, accessories and other materials for implementation of oil contracts (hereinafter referred
to as production goods and materials) are imported, the goods-owner or his agent shall declare them to the Customs by submitting
a list of goods and materials approved by the CNOOC, or a document of approval with such list attached. The Customs shall allow such
goods to be imported where exclusive use of the goods for the project is ascertained.

The production goods and materials may be imported under special circumstances or as an urgent case by presentation of a certificate
issued by the regional sub-corporation of the CNOOC upon Customs verification and permission. Such goods may also be borrowed from
other oil corporations of the same nature. In either case, a formal document of approval from CNOOC shall be submitted to the Customs
within the prescribed time limit.

Article 13. The imported production goods and materials referred to in Article 12, if falling into the categories as specified in the “Rules
Concerning the Levy and Exemption of Customs Duty and Consolidated Industrial and Commercial Tax on Imports and Exports for the Chinese-Foreign
Cooperative Exploitation of Offshore Petroleum” and its annex, the “List of Imported goods Exempt from Duties and Taxes for the Chinese-Foreign
Cooperative Exploitation of Offshore Petroleum” (approved on 28 February 1982 by the State Council), shall be released by the Customs
duty-free. Those exceeding the prescribed scope shall be liable to customs duty and industrial and commercial (consolidated) taxes.

No resale or transfer of the imported goods and materials exempted from duty and tax shall be allowed without prior authorisation.
Before any such resale or transfer are to be transacted, further approval shall be obtained from the competent authorities from which
the original approval was issued, and duties shall be levied or exempted by the local Customs accordingly.

Article 14. When the production goods and materials for the construction of oil bases or various services needed for the projects, are imported
by the service and supply companies for China offshore oil operation, and raw materials, components and parts for manufacturing machinery
and equipment used for oil operation are imported by the special manufacturing company. Customs formalities concerning their examination
and release shall be completed upon the production of the document of approval issued by the CNOOC or other competent authorities
with a list of import goods attached. Duties and taxes shall be levied or exempted in accordance with Article 13 of the present Rules.

Article 15. Where articles for daily use for personnel of foreign nationality working on platforms and oil-bases and their families living with
them are imported by the supply or service company, Customs formalities concerning examination and release of the goods shall be
completed upon the production of the document of approval issued by the competent authorities at provincial and municipal level together
with the list of import goods. The goods shall be exempted from import duties and industrial and commercial (consolidated) taxes.

The above-mentioned articles shall neither be supplied to foreigners other than those working for the project nor to Chinese employees
and shall not be sold beyond the designated area.

The above-mentioned goods exempted from duties and taxes shall be stored in separate warehouses or special shops and be placed under
Customs control. In addition, a special fee entailed by such control amounting to 2% per consignment according to its CIF value shall
be paid to the Customs by the company. The service and supply company shall be required to prepare separate accounts for periodical
verification by Customs.

Article 16. The warehouses set up for consignment sale by foreign businessman at oil bases shall be dealt with by the Customs in accordance with
“Provincial Customs Rules Governing the Supervision and Control over Bonded Cargo and Bonded Warehouses”. When the goods and materials
for consignment sale and the spare parts and components for maintenance and repair are to be withdrawn from the warehouse for importation,
the goods-owner or his agent shall complete the Customs formalities and duties and taxes shall be levied or exempted according to
these Rules.

Article 17. Articles for office use in reasonable amounts imported by the foreign enterprise shall be applied to the Customs in advance for approval
and the customs duties and industrial and commercial (consolidated) taxes shall be waived after verification by the Customs.

Article 18. When goods are temporarily imported, the goods-owner or his agent shall declare to the local Customs and guarantee their re-exportation
within 6 months. When necessary, the time limit may be extended after Customs verification. Where such goods fail to be re-exported
within the prescribed time-limit, import formalities shall be completed and duties and taxes shall be levied in accordance with Articles
12 and 13 of the present Rules.

Article 19. The crude oil being exported shall be released by the Customs after examination on the strength of the export licence issued by the
Ministry of Foreign Economic Relations and Trade of the People’s Republic of China.

Any data, materials and samples shall be released by the Customs after verifying the certificates issued by the regional sub-corporations
of CNOOC.

CHAPTER IV SUPERVISION AND CONTROL OVER LUGGAGE CARRIED BY FOREIGN STAFF WORKING IN CHINA FOR CHINESE-FOREIGN COOPERATIVE EXPLOITATION
OF OFFSHORE PETROLEUM

Article 20. Luggage carried by incoming and outgoing foreign staff for a short stay in China and working in China for the purpose of Chinese-foreign
cooperative exploitation of offshore petroleum, shall be dealt with in accordance with the Customs regulations applicable to short
stay visitors.

Article 21. Luggage carried by incoming and outgoing foreign resident staff working in China for Chinese-foreign cooperative exploitation of
offshore petroleum, shall be subject to the Customs’ “Regulations Concerning Import and Export of Articles by Resident Offices and
their Staff of Offshore Enterprises and Press in China”.

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 22. Any one of the following acts shall be dealt with by the Customs according to the provisions laid down in the Provisional Customs
Law.

(1) False declaration;

(2) Without Customs permission, shipping or taking delivery of goods not yet released by the Customs;

(3) Taking advantage of import and export opportunities for undertaking smuggling activities;

(4) The sale, without Customs permission, of foreign goods and articles which have been released with exemption from duties and taxes;

(5) Goods and materials admitted temporarily having neither been re-exported within the time limit nor passed Customs formalities
accordingly;

(6) Unauthorisedly tearing open the Customs covers or breaking seals; or losing Customs cover; and

(7) Other infringements of Customs regulations and stipulations.

Article 23. When necessary, Customs may send its officers or set up its establishment at oil bases for the collection of Customs duty. The oil
company there shall provide working and living facilities for the convenience of Customs officers.

Article 24. The import of building materials, office appliances and articles for daily use, used in special economic zones by the company offices
or living quarters there, shall be dealt with in accordance with the relevant regulations governing the control over importation
and exportation of goods in special economic zones.

Article 25. These Rules shall enter into force as of June 1, 1984.

REGULATIONS FOR THE ADMINISTRATION OF AFFAIRS CONCERNING EXPERIMENTAL ANIMALS

Regulations for the Administration of Affairs Concerning Experimental Animals

(Effective Date 1988.11.14)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II THE ADMINISTRATION OF THE FEEDING AND BREEDING

OF EXPERIMENTAL ANIMALS

CHAPTER III THE QUARANTINE OF EXPERIMENTAL ANIMALS AND THE

CONTROL OF THEIR INFECTIOUS DISEASES

CHAPTER IV THE UTILIZATION OF EXPERIMENTAL ANIMALS

CHAPTER V ADMINISTRATION OF THE IMPORT AND EXPORT OF

EXPERIMENTAL ANIMALS

CHAPTER VI PERSONNEL DEALING WITH EXPERIMENTAL ANIMALS

CHAPTER VII REWARDS AND PENALTIES

CHAPTER VIII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 1. These Regulations are formulated for the purpose of strengthening the administration of and guaranteeing the
quality of experimental animals so as to meet the needs of scientific research, economic construction and social development.

Article 2. The term “experimental animals” used in these Regulations refers to animals which are artificially fed and bred, the
micro-organisms on or in whose bodies are kept under control, whose genetic backgrounds are definite or whose sources are
clear, and which are to be used in scientific research, teaching, production, examination and verification and other scientific
experiments.

Article 3. These Regulations shall apply to units and individuals that are engaged in the research in, and the conservation of
breeds, feeding and breeding, supply, use, administration and supervision of experimental animals.

Article 4. The administration of experimental animals shall be guided by the principle of unified planning, rational division of
work and being beneficial to the promotion of the scientific research in, and the utilization of, experimental animals.

Article 5. The State Science and Technology Commission shall be in charge of the work throughout China with respect to experimental
animals.

The science and technology commissions of the provinces, autonomous regions and municipalities directly under the Central
Government shall be in charge of the work in their respective regions with respect to experimental animals.

The various departments under the State Council of the People’s Republic of China shall be in charge of the administration
of the work in their respective departments with respect to experimental animals.

Article 6. The State shall institute a system of supervision over the quality of experimental animals and of attestation of the up-to-standard
quality of experimental animals. The specific procedures in this respect shall be separately formulated by the
State Science and Technology Commission.

Article 7. The national standards in respect of genetics, microbiology, untriology and the feeding and breeding environment concerning
experimental animals shall be formulated by the State Bureau of Technology Supervision.

CHAPTER II THE ADMINISTRATION OF THE FEEDING AND BREEDING OF EXPERIMENTAL ANIMALS

Article 8. Units that are engaged in the work of feeding and breeding experimental animals shall, in accordance with the standards in
respect of genetics, microbiology, nutriology and the feeding and breeding environment, exercise regular quality
monitoring over experimental animals. Comprehensive and accurate records shall be kept of the various work
processes and of the data derived from the monitoring and a statistical report system shall be established.

Article 9. Feeding and breeding rooms and laboratories for experimental animals shall be built in different areas and each shall be
kept in strict isolation.

There shall be scientific management systems and operating rules for feeding and breeding rooms and laboratories
for experimental animals.

Article 10. With respect to the conservation of breeds and the feeding and breeding of experimental animals, breeds and strains of breeds
that are domestically or internationally approved shall be adopted, with certificates attesting their being up to standard.

Article 11. Experimental animals shall be fed separately in accordance with their different sources, different breeds, different strains
of breeds and different experimental purposes.

Article 12. Experimental animals shall be categorized into four classes, the first being ordinary animals, the second, clean animals,
the third, animals carrying no specific pathogens and the fourth, animals carrying no bacteria.

Experimental animals of different classes shall be administered in accordance with the corresponding
standards for controlling microorganisms.

Article 13. Experimental animals shall be fed with wholesome feed that is up to standard in quality. No feed that has become mouldy and
rotten, or deteriorated in quality, or moth-eaten or polluted may be used for feeding experimental animals. Green vegetables
and fruit that are to be fed directly to experimental animals shall be washed clean and sterilized and shall be kept
fresh.

Article 14. The drinking water for experimental animals of the first class shall measure up to the hygiene standards of urban
drinking water. The drinking water for experimental animals of the second, third and fourth classes shall measure
up to the hygiene standards of urban drinking water and undergo treatment to kill bacteria.

Article 15. The cushioning materials for experimental animals shall, based on the needs of different classes of experimental animals, be
treated accordingly so that they shall be clean, dry, absorptive of water, poison-free, pest-free, infection-free
and pollution-free.

CHAPTER III THE QUARANTINE OF EXPERIMENTAL ANIMALS AND THE CONTROL OF THEIR INFECTIOUS DISEASES

Article 16. Experimental animals that are newly introduced shall be subject to quarantine in isolation.

Wild animals that are captured for the purpose of supplementing the sources of breeds or developing new breeds shall
be subject to quarantine in isolation in the very localities where they are captured and a certificate to that
effect issued by the animal quarantine department shall be obtained. When a wild animal is carried to the place
where experimental animals are kept, it shall be subject to quarantine once again before it is allowed into a feeding and
breeding room for experimental animals.

Article 17. Experimental animals that must take preventive inoculations shall, in accordance with the requirements of experiments
or with the relevant provisions of the Regulations for the Immunization of Poultry and Other Domestic Animals, undergo
such inoculations, with the exception of those experimental animals that are to be used as materials for biological products.

Article 18. When an experimental animal dies of an illness, the cause shall be investigated and ascertained in good time, and the
case shall be properly handled and kept on file.

When an experimental animal contracts an infectious disease, it shall, depending on the circumstances, be destroyed
or given medical treatment in isolation immediately. Experimental animals that are likely to be infected shall
undergo emergency preventive inoculations. Strict sterilization measures shall be taken for areas inside and
outside the feeding and breeding room and the case shall be reported to the higher authority for the administration of
experimental animals and to the local animal quarantine and epidemic prevention unit so that emergency preventive
measures shall be taken to prevent the spread of the disease.

CHAPTER IV THE UTILIZATION OF EXPERIMENTAL ANIMALS

Article 19. In the utilization of experimental animals, only the related ones that are up to standard shall be selected in accordance
with the different purposes of the respective experiments. The use of up-to-standard experimental animals
shall be taken as one of the basic requirements in the research projects submitted for approval and in assessing
the results of such projects. If experimental animals that come short of standard are used, the results of examination
and safety assessment thus obtained shall be null and void and the products thus made shall not be used.

Article 20. With respect to an experimental animal that is to be utilized, the following comprehensive data shall be required:

(1) The exact names of the breed, strain and subline;

(2) Its genetic background or its source;

(3) The state concerning the examination of the micro-organisms it carries;

(4) A certificate attesting its being up to standard; and

(5) The signature of the person in charge of the feeding and breeding unit.

In default of the afore-said data, no experimental animals may be used.

Article 21. The transport of experimental animals shall be put in the charge of persons specially appointed therefor. The means of transport
for experimental animals shall be safe and reliable. No experimental animals of different breeds, strains or sublines
may be mixed together in transportation.

CHAPTER V ADMINISTRATION OF THE IMPORT AND EXPORT OF EXPERIMENTAL ANIMALS

Article 22. An experimental animal that is imported from abroad as an element breed shall be accompanied by data duly signed by
the person in charge of the feeding and breeding unit, concerning the names of the breed and the strain and the information
concerning its heredity and the micro-organisms it carries.

In default of the afore-said data, no experimental animals may be imported or used.

Article 23. When importing from abroad experimental animals as element breeds, units dealing with experimental animals shall register
with the unit designated by the State Science and Technology Commission for the conservation of breeds, breeding
and quality control with respect to the said animals.

Article 24. The export of experimental animals shall be subject to examination and approval by the State Science and Technology
Commission. The export procedures shall be handled only after such approval has been obtained.

With respect to the export of experimental animals developed from using wild animals that enjoy the priority of State
protection, the export procedures shall be handled only after an export licence has been obtained in accordance with
the pertinent provisions of the State.

Article 25. The quarantine of import and export experimental animals shall be handled in accordance with the provisions of the Regulations
of the People’s Republic of China Concerning the Quarantine of Import and Export of Animals and Plants.

CHAPTER VI PERSONNEL DEALING WITH EXPERIMENTAL ANIMALS

Article 26. Units dealing with experimental animals shall, according to the needs, be staffed with technical personnel and specially
trained personnel for the feeding and breeding thereof. Personnel of various kinds shall all abide by the various
rules and regulations concerning the administration of the feeding and breeding of experimental animals and shall
be acquainted with, and have a good mastery of, the operating rules.

Article 27. Competent authorities at various levels in various localities in charge of the work with respect to experimental animals
shall gradually institute a qualifying system for personnel of various kinds dealing with experimental animals.

Article 28. Units dealing with experimental animals shall regularly organize physical check-ups for the working personnel who
are in direct contact with experimental animals. Those who have contracted infectious diseases and are no longer
suitable for their jobs shall be transferred in good time.

Article 29. Personnel dealing with experimental animals shall protect these animals and may not play with or maltreat them.

CHAPTER VII REWARDS AND PENALTIES

Article 30. Units and individuals that are long engaged in the feeding and breeding and administration of experimental animals and
have scored remarkable achievements shall be praised or rewarded by the department in charge of the administration
of the work with respect to experimental animals.

Article 31. With respect to units that violate the provisions of these Regulations, the department in charge of the administration
of the work with respect to experimental animals shall, in accordance with the seriousness of the cases, impose
on them such administrative sanctions as giving a warning, setting a deadline for them to improve their work or ordering
them to close down.

Article 32. Working personnel concerned who violate the provisions of these Regulations shall be given administrative sanctions
by the units where they belong in accordance with the seriousness of the cases and with the pertinent provisions of the
State.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 33. The people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government
and the departments concerned under the State Council of the People’s Republic of China may, in accordance with
these Regulations and in line with the actualities, formulate procedures of implementation.

The administration of the work with respect to experimental animals in the armed forces shall be governed with reference
to these Regulations.

Article 34. The State Science and Technology Commission shall be responsible for the interpretation of these Regulations.

Article 35. These Regulations shall go into effect as of the date of promulgation.

Source:MOFTEC

PROVISIONS ON THE CAPITAL CONTRIBUTION BY PARTIES TO SINO-FOREIGN EQUITY JOINT VENTURES

INTERIM PROVISIONS OF THE MINISTRY OF FINANCE OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING REDUCTION AND EXEMPTION OF ENTERPRISE INCOME TAX AND CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX FOR THE ENCOURAGEMENT OF FOREIGN INVESTMENT IN CHINA’S OPEN COASTAL ECONOMIC AREAS

The Ministry of Finance

Interim Provisions of the Ministry of Finance of the People’s Republic of China Concerning Reduction and Exemption of Enterprise Income
Tax and Consolidated Industrial and Commercial Tax for the Encouragement of Foreign Investment in China’s Open Coastal Economic Areas

The Ministry of Finance [1988] No.91

June 15, 1988

The present set of interim provisions is formulated in respect of reduction and exemption of enterprise income tax and consolidated
industrial and commercial tax for foreign investors in order to promote the economic and technological exchange, absorb the foreign
investment, import foreign technology and accelerate economic development in China’s open coastal economic areas, namely the East
Liaodong Peninsula, Shandong Peninsula, Yangtze river delta, Zhujiang river delta and a triangular area in south Fujian comprising
Xiamen, Zhangzhou and Quanzhou. It reads as follows:

Article 1

Subject to approval by the Ministry of Finance, the productive enterprises established by foreign investors in China’s open coastal
economic areas (hereinafter referred to as open area enterprises) shall pay their enterprise income tax at a preferential tax rate
of 15% if they are technology-intensive or knowledge-intensive enterprises;or if the foreign investors have contributed more than
US $ 30 million of investment to the enterprise and is expected to take a long time to recoup their investment; or they are engaged
in energy, transport and port construction projects.

Subject to approval by the Ministry of Finance, open area enterprises engaged in the following lines of business but are not qualified
under the requirements set in the preceding paragraph may pay their enterprise income tax at a 20% discount:

machinery manufacturing, electronic industry;

metallurgy, chemical, building materials industry;

light industrial products, textiles, packaging industry;

medical instrument production, pharmaceutical industry;

agriculture, forestry, animal husbandry and aquaculture and their related processing business, and

building industry.

The reduction and exemption of enterprise income tax for open area enterprises shall be carried out, on the basis of the above-mentioned
tax rate and subject to the scope, conditions and terms stipulated in the “Provisions of the State Council of the People’s Republic
of China for the Encouragement of Foreign Investment”, “Income Tax Law on Chinese-foreign Equity Joint Ventures” and “Income Tax
Law on Foreign Enterprises”.

Article 2

The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government are given the authority
to determine the reduction and exemption of the local income tax for open area enterprises.

Article 3

The dividends, interest, rentals and royalties and other income derived from China by foreign investors, where they have not established
an establishment, are subject to income tax at a reduced tax rate of 10% unless such income has already been subject to income tax
exemption by law. The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
can grant more preferences to the foreign investors regarding tax reduction and exemption if the foreign investors can provide capital
and equipment on favorable terms, or transfer advanced technology to China.

Article 4

The production equipment, operational facilities, construction materials and means of transport, office equipment imported by open
area enterprises as part of their initial investment or new investment shall not be subject to consolidated industrial and commercial
tax.

Article 5

Apart from crude oil, finished oil products and those products according to other State’s regulations, exports produced by open area
enterprises are not subject to consolidated industrial and commercial tax but those products which are to be sold in the domestic
markets will have to pay the said tax according to the provisions.

Article 6

The raw materials and processed materials, parts and components and packing materials imported by open area enterprises and used in
the manufacturing of export products are not subject to consolidated industrial and commercial tax but those used in the manufacturing
of products which are to be sold in the domestic markets are subject to the said tax according to the provisions.

Article 7

The household articles and transport vehicles carried by the foreign workers who work for or reside in an open area enterprise shall
not be subject to consolidated industrial and commercial tax. However, the foreign workers must be able to present a certificate
issued by a municipal government (directly subordinated under a provincial government) or a higher level authority regarding the
exemption and the amount of articles (vehicles) they carried into the country must be within a reasonable limit.

Article 8

In order to facilitate quarantine work on imported plants and animals, experimental farms may be set up in the one or two islands
of Guangdong, Zhejiang, Fujian, Jiangsu or Shandong so that the imported fine strains (breeds) of plants or animals can be tested
and cultivated. Since these experimental farms are of the nature of research and development projects they shall not be subject to
all kinds of tax for five years starting from their first profit-making year.

Attachment:

I. Circular of the State Council Concerning Extending the Range of the Open Coastal Economic Areas(omitted)

II. List of the County and Municipality in the Yangtze river delta, Zhujiang river delta and a triangular area in south Fujian comprising
Xiamen, Zhangzhou and Quanzhou (omitted)

The Ministry of Finance
1988-06-15

PROTECTION OF WILDLIFE

Law of the People’s Republic of China on the Protection of Wildlife

(Adopted at the Fourth Meeting of the Standing Committee of the Seventh National People’s Congress and promulgated by Order No. 9
of the President of the People’s Republic of China on November 8, 1988, and effective as of March 1, 1989)

CHAPTER I GENERAL PROVISIONS

Article 1 This Law is formulated for the purpose of protecting and saving the species of wildlife which are rare or near extinction, protecting,
developing and rationally utilizing wildlife resources and maintaining ecological balances.

Article 2 All activities within the territory of the People’s Republic of China concerning the protection, domestication, breeding, development
and utilization of species of wildlife must be conducted in conformity with this Law.

The wildlife protected under this Law refers to the species of terrestrial and aquatic wildlife which are rare or near extinction
and the species of terrestrial wildlife which are beneficial or of important economic or scientific value.

The wildlife referred to in the provisions of this Law means the wildlife which shall enjoy protection as prescribed in the preceding
paragraph.

As regards the protection of the species of aquatic wildlife other than those which are rare or near extinction, the provisions of
the Fisheries Law shall apply.

Article 3 Wildlife resources shall be owned by the state.

The state protects the lawful rights and interests of units and individuals engaged in the development or utilization of wildlife
resources according to law.

Article 4 The state shall pursue a policy of strengthening the protection of wildlife resources, actively domesticating and breeding the species
of wildlife, and rationally developing and utilizing wildlife resources, and encourage scientific research on wildlife. Units and
individuals that have made outstanding achievements in the protection of wildlife resources, in scientific research on wildlife,
or in the domestication and breeding of wildlife shall be awarded by the state.

Article 5 Citizens of the People’s Republic of China shall have the duty to protect wildlife resources and the right to inform the authorities
of or file charges against acts of seizure or destruction of wildlife resources.

Article 6 The governments at various levels shall strengthen the administration of wildlife resources and formulate plans and measures for
the protection, development and rational utilization of wildlife resources.

Article 7 The departments of forestry and fisheries administration under the State Council shall be respectively responsible for the nationwide
administration of terrestrial and aquatic wildlife.

The departments of forestry administration under the governments of provinces, autonomous regions and municipalities directly under
the Central Government shall be responsible for the administration of terrestrial wildlife in their respective areas. The departments
in charge of the administration of terrestrial wildlife under the governments of autonomous prefectures, counties and municipalities
shall be designated by the governments of provinces, autonomous regions or municipalities directly under the Central Government.

The departments of fishery administration under the local governments at or above the county level shall be responsible for the administration
of aquatic wildlife in their respective areas.

CHAPTER II PROTECTION OF WILDLIFE

Article 8 The state shall protect wildlife and the environment for its survival, and shall prohibit the illegal hunting, catching or destruction
of wildlife by any unit or individual.

Article 9 The state shall give special protection to the species of wildlife which are rare or near extinction. The wildlife under special
state protection shall consist of two classes: wildlife under first class protection and wildlife under second class protection.
Lists or revised lists of wildlife under special state protection shall be drawn up by the department of wildlife administration
under the State Council and announced after being submitted to and approved by the State Council.

The wildlife under special local protection, being different from the wildlife under special state protection, refers to the wildlife
specially protected by provinces, autonomous regions or municipalities directly under the Central Government. Lists of wildlife under
special local protection shall be drawn up and announced by the governments of provinces, autonomous regions or municipalities directly
under the Central Government and shall be submitted to the State Council for the record.

Lists or revised lists of terrestrial wildlife under state protection, which are beneficial or of important economic or scientific
value, shall be drawn up and announced by the department of wildlife administration under the State Council.

Article 10 The department of wildlife administration under the State Council and governments of provinces, autonomous regions and municipalities
directly under the Central Government shall, in the main districts and water areas where wildlife under special state or local protection
lives and breeds, designate nature reserves and strengthen the protection and administration of wildlife under special state or local
protection and the environment for its survival.

The designation and administration of nature reserves shall be effected in accordance with the relevant provisions of the State Council.

Article 11 Departments of wildlife administration at various levels shall keep watch on and monitor the impact of the environment on wildlife.
If the environmental impact causes harm to wildlife, the departments of wildlife administration shall conduct investigation and deal
with the matter jointly with the departments concerned.

Article 12 If a construction project produces adverse effects on the environment for the survival of wildlife under special state or local protection,
the construction unit shall submit a report on the environmental impact. The department of environmental protection shall, in examining
and approving the report, seek the opinion of the department of wildlife administration at the same level.

Article 13 If natural disasters present threats to wildlife under special state or local protection, the local governments shall take timely
measures to rescue them.

Article 14 If the protection of wildlife under special state or local protection causes losses to crops or other losses, the local governments
shall make compensation for them. Measures for such compensation shall be formulated by the governments of provinces, autonomous
regions and municipalities directly under the Central Government.

CHAPTER III ADMINISTRATION OF WILDLIFE

Article 15 The departments of wildlife administration shall regularly carry out surveys of wildlife resources and keep records of them.

Article 16 The hunting, catching or killing of wildlife under specialstate protection shall be prohibited. Where the catching or fishing for
wildlife under first class state protection is necessary for scientific research, domestication and breeding, exhibition or other
special purposes, the unit concerned must apply to the department of wildlife administration under the State Council for a special
hunting and catching license; where the catching or hunting of wildlife under second class state protection is intended, the unit
concerned must apply to the relevant department of wildlife administration under the government of a province, an autonomous region
or a municipality directly under the Central Government for a special hunting and catching license.

Article 17 The state shall encourage the domestication and breeding of wildlife.

Anyone who intends to domesticate and breed wildlife under special state protection shall obtain a license. Administrative measures
for such licenses shall be formulated by the department of wildlife administration under the State Council.

Article 18 Anyone who intends to hunt or catch wildlife that is not under special state protection must obtain a hunting license and observe
the hunting quota assigned.

Anyone who intends to hunt with a gun must obtain a gun license from the public security organ of the county or municipality concerned.

Article 19 Anyone engaged in the hunting or catching of wildlife shall observe the prescriptions in his special hunting and catching license
or his hunting license with respect to the species, quantity, area and time limit.

Article 20 In nature reserves and areas closed to hunting, and during seasons closed to hunting, the hunting and catching of wildlife and other
activities which are harmful to the living and breeding of wildlife shall be prohibited.

The areas and seasons closed to hunting as well as the prohibited hunting gear and methods shall be specified by governments at or
above the county level or by the departments of wildlife administration under them.

Article 21 The hunting or catching of wildlife by the use of military weapons, poison or explosives shall be prohibited.

Measures for the control of the production, sale and use of hunting rifles and bullets shall be formulated by the department of forestry
administration under the State Council jointly with the public security department, and shall enter into force after being submitted
to and approved by the State Council.

Article 22 The sale and purchase of wildlife under special state protection or the products thereof shall be prohibited. Where the sale, purchase
or utilization of wildlife under first class state protection or the products thereof is necessary for scientific research, domestication
and breeding, exhibition or other special purposes, the unit concerned must apply for approval by the department of wildlife administration
under the State Council or by a unit authorized by the same department. Where the sale, purchase or utilization of wildlife under
second class state protection or the products thereof is necessary, the unit concerned must apply for approval by the department
of wildlife administration under the government of the relevant province, autonomous region or municipality directly under the Central
Government or by a unit authorized by the same department.

Units and individuals that domesticate and breed wildlife under special state protection may, by presenting their domestication and
breeding licenses, sell wildlife under special state protection or the products thereof, in accordance with the relevant regulations,
to purchasing units designated by the government.

The administrative authority for industry and commerce shall exercise supervision and control over wildlife or the products thereof
that are placed on the market.

Article 23 The transportation or carrying of wildlife under special state protection or the products thereof out of any county must be approved
by the department of wildlife administration under the government of the relevant province, autonomous region or municipality directly
under the Central Government, or by a unit authorized by the same department.

Article 24 The export of wildlife under special state protection or the products thereof, and the import or export of wildlife or the products
thereof, whose import or export is restricted by international conventions to which China is a party, must be approved by the department
of wildlife administration under the State Council or by the State Council, and an import or export permit must be obtained from
the state administrative organ in charge of the import and export of the species which are near extinction. The Customs shall clear
the imports or exports after examining the import or export permit.

The export of the species of wildlife involving scientific and technological secrets shall be dealt with in accordance with relevant
provisions of the State Council.

Article 25 The forgery, sale or resale or transfer of special hunting and catching licenses, hunting licenses, domestication and breeding licenses,
and import and export permits shall be prohibited.

Article 26 Where any foreigner intends, in the territory of China, to make surveys of or to film or videotape wildlife under special state protection
in the field, he must apply for approval by the department of wildlife administration under the State Council or by a unit authorized
by the same department.

The establishment of hunting grounds open to foreigners must be approved by the department of wildlife administration under the State
Council.

Article 27 Anyone engaged in the utilization of wildlife or the products thereof shall pay a fee for the protection and administration of wildlife
resources. The schedule of the fee and the procedure for collecting it shall be formulated by the department of wildlife administration
under the State Council jointly with the financial and pricing authorities and shall enter into force after being submitted to and
approved by the State Council.

Article 28 Anyone who has caused losses to crops or other losses while hunting or catching wildlife shall be held responsible for compensation.

Article 29 The local governments concerned shall take measures to prevent and control the harm caused by wildlife so as to guarantee the safety
of human beings and livestock and ensure agricultural and forestry production.

Article 30 The administrative measures for wildlife under special local protection and for other wildlife that is not under special state protection
shall be formulated by the standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly
under the Central Government.

CHAPTER IV LEGAL RESPONSIBILITY

Article 31 Anyone who illegally catches or kills wildlife under special state protection shall be prosecuted for criminal responsibility in
accordance with the supplementary provisions on punishing the crimes of catching or killing the species of wildlife under special
state protection which are rare or near extinction.

Article 32 If anyone, in violation of the provisions of this Law, hunts or catches wildlife in an area or during a season closed to hunting
or uses prohibited hunting gear or methods for the purpose, his catch, hunting gear and unlawful income shall be confiscated and
he shall be fined by the department of wildlife administration; if the circumstances are serious enough to constitute a crime, he
shall be prosecuted for criminal responsibility in accordance with the provisions of Article 130 of the Criminal Law.

Article 33 If anyone, in violation of the provisions of this Law, hunts or catches wildlife without a hunting license or in violation of the
prescriptions of the hunting license, his catch and unlawful income shall be confiscated and he shall be fined by the department
of wildlife administration and, in addition, his hunting gear may be confiscated and his hunting license revoked.

If anyone, in violation of the provisions of this Law, hunts wildlife with a hunting rifle without a license for the rifle, he shall
be punished by a public security organ by applying mutatis mutandis the provisions of the Regulations on Administrative Penalties
for Public Security.

Article 34 If anyone, in violation of the provisions of this Law,destroys in nature reserves or areas closed to hunting the main places where
wildlife under special state or local protection lives and breeds, he shall be ordered by the department of wildlife administration
to stop his destructive acts and restore these places to their original state within a prescribed time limit, and shall be fined.

Article 35 If anyone, in violation of the provisions of this Law, sells, purchases, transports or carries wildlife under special state or local
protection or the products thereof, such wildlife and products and his unlawful income shall be confiscated by the administrative
authority for industry and commerce and he may concurrently be fined.

If anyone, in violation of the provisions of this Law, sells or purchases wildlife under special state protection or the products
thereof, and if the circumstances are serious enough to constitute a crime of speculation or smuggling, he shall be prosecuted for
criminal responsibility according to the relevant provisions of the Criminal Law.

The wildlife or the products thereof thus confiscated shall, in accordance with the relevant provisions, be disposed of by the relevant
department of wildlife administration or by a unit authorized by the same department.

Article 36 If anyone illegally imports or exports wildlife or the products thereof, he shall be punished by the Customs according to the Customs
Law; if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility in accordance
with the provisions of the Criminal Law on the crimes of smuggling.

Article 37 If anyone forges, sells or resells or transfers a special hunting and catching license, a hunting license, a domestication and breeding
license, or an import or export permit, his license or permit shall be revoked and his unlawful income shall be confiscated and he
may concurrently be fined by the relevant department of wildlife administration or the administrative authority for industry and
commerce.

If anyone who forges or sells or resells a special hunting and catching license or an import or export permit, and if the circumstances
are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility by applying mutatis mutandis the provisions
of Article 167 of the Criminal Law.

Article 38 Any staff member of a department of wildlife administration who neglects his duty, abuses his power or engages in malpractices for
personal gains shall be subject to administrative sanctions by the department to which he belongs or by the competent authority at
a higher level; if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility
according to law.

Article 39 Any party who is dissatisfied with the decision on an administrative sanction may, within 15 days of receiving the notification on
the sanction, make a request for reconsideration to the authority at the level next higher to the one that made the decision on the
sanction; if he is dissatisfied with the decision on reconsideration made by the authority at the next higher level, he may, within
15 days of receiving the notification on the decision on reconsideration, institute legal proceedings in the court. The party may
also directly institute legal proceedings in the court within 15 days of receiving the notification on the sanction. If the party
neither makes a request for reconsideration, nor institutes legal proceedings in the court, nor complies with the decision on the
sanction, the authority that made the decision on the sanction shall request the court to effect a compulsory execution of the decision.

If the party is dissatisfied with a customs penalty or a penalty for violation of public security, the matter shall be dealt with
in accordance with the provisions of the Customs Law or the Regulations on Administrative Penalties for Public Security.

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 40 If any international treaty concerning the protection of wildlife, concluded or acceded to by the People’s Republic of China, contains
provisions differing from those of this Law, the provisions of the international treaty shall apply, unless the provisions are ones
on which the People’s Republic of China has made reservations.

Article 41 The department of wildlife administration under the State Council shall, in accordance with this Law, formulate regulations for its
implementation which shall go into effect after being submitted to and approved by the State Council.

The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central
Government may, in accordance with this Law, formulate measures for its implementation.

Article 42 This Law shall come into force as of March 1, 1989.

Source:China Internet Information Center

EDITOR:Victor

PREVENTION AND TREATMENT OF INFECTIOUS DISEASES

Law of the PRC on the Prevention and Treatment of Infectious Diseases

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II PREVENTION

CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION

CHAPTER IV CONTROL

CHAPTER V SUPERVISION

CHAPTER VI LEGAL LIABILITIES

CHAPTER VII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 1. This Law is enacted in order to prevent, control and eliminate the occurrence and epidemic of infectious diseases
and to ensure the health of the people.

Article 2. The state shall implement a policy of putting the emphasis on prevention, combining prevention with treatment and
classified management with respect to infectious diseases.

Article 3. The infectious diseases governed by this Law shall be divided into Classes A, B, and C.

A Class infectious diseases shall include plague and cholera.

B Class infectious diseases shall include viral hepatitis, bacillary and amebic dysentery, typhoid and paratyphoid,
AIDS, gonorrhea, syphilis, poliomyelitis, measles, pertussis, diphtheria, epidemic cerebrospinal meningitis,
scarlet fever, epidemic hemorrhagic fever, rabies, leptospirosis, brucellosis, anthrax, epidemic and endemic
typhus, epidemic encephalitis B, kala-azar, malaria, and dengue fever.

C Class infectious diseases shall include pulmonary tuberculosis, schistosomiasis, filariasis, echinococcosis,
leprosy, influenza, epidemic parotitis, rubella, tetanus neonatorum, acute hemorrhagic conjunctivitis and infectious
diarrhea other than cholera, dysentery, typhoid and paratyphoid.

The State Council may, according to circumstances, increase or decrease the number of A Class infectious diseases
and make corresponding announcements; the health administration department under the State Council may, according to
circumstances, increase or decrease the number of B Class and C Class infectious diseases and make corresponding announcements.

Article 4. Governments at various levels shall direct the work of preventing and treating infectious diseases, draw up programmes
for the prevention and treatment of infectious diseases and be responsible for their implementation.

Article 5. The health administration departments of governments at various levels shall exercise uniform supervision over
and control of the work of preventing and treating infectious diseases.

Anti-epidemic agencies at various levels and of different types shall, according to the division of professional
work, undertake the monitoring and control of infectious diseases within their respective spheres of responsibilities.

Medical care and health institutions at various levels and of different types shall undertake the tasks of preventing,
treating and controlling infectious diseases within their respective spheres of responsibilities and receive professional
guidance from the anti-epidemic agencies concerned.

The prevention and treatment of infectious diseases in the People ‘s Liberation Army shall be carried out in
compliance with this Law and other relevant provisions of the state and shall be supervised and controlled by the departments
in charge of health in the Army.

Article 6. The management of food, pharmaceuticals and water which is related to the prevention and control of infectious diseases
as well as frontier quarantine shall be carried out according to the relevant provisions of the law.

Article 7. Any unit or individual on the territory of the People’s Republic of China must respond to inquiries by medical care
and health institutions and anti-epidemic agencies on infectious diseases and accept their examinations and investigations
for certification as well as their preventive and control measures, and shall have the right to inform the authorities
or file charges against any violation of this Law.

Article 8. Units and individuals who have made remarkable achievements in or contributions to the prevention and control of infectious
diseases shall be awarded.

CHAPTER II PREVENTION

Article 9. Governments at various levels shall carry out health education on the prevention of infectious diseases and organize
people for the elimination of the hazards of rodents and vector insects like mosquitoes and flies as well as
other animals that transmit infectious diseases or suffer from infectious diseases common to human beings and animals.

Article 10. Local governments at various levels shall establish or reconstruct public health facilities in a planned way,
take necessary measures for the innocent treatment of sewage, wastes and feces, and improve the hygienic condition of drinking
water.

Article 11. Medical care and health institutions at various levels and of different types shall set up preventive health organizations
or assign personnel to undertake the prevention and control of infectious diseases and the management of the epidemic
situation in their respective units or in the communities for which they are responsible.

Municipalities, municipal districts and counties shall have hospitals for infectious diseases or clinics and
wards for infectious diseases in designated hospitals.

Article 12. The state shall practise a planned prophylactic vaccination system.

The state shall practise a system by which certificates are issued to children who have received prophylactic vaccination.

Article 13. The drinking water provided by a water supply unit must conform to the hygienic standards set by the state.

Article 14. Infectious disease patients, pathogen carriers and suspected infectious disease patients shall, before they
are cured or cleared of suspicion, be barred from jobs which the health administration department under the State Council
prohibits them from doing because of the likelihood of causing the spread of infectious diseases.

Article 15. Medical care and health institutions, anti-epidemic agencies and units engaged in the experimentation
of pathogenic microorganisms must rigorously implement the management system and the operation procedures
stipulated by the health administration department under the State Council to prevent the iatric infection of infectious
diseases, inside-hospital infection, laboratory infection and the spread of pathogenic microorganisms.

Article 16. The storage, carrying and transportation of bacterial strains and virus strains of infectious diseases must be
rigorously controlled in accordance with provisions laid down by the health administration department under the
State Council.

Article 17. When the sewage, wastes and feces are contaminated with the pathogen of A Class infectious diseases, the unit or the
individual concerned must carry out strict disinfection under the supervision and direction of an anti-epidemic agency;
in case of refusal to carry out disinfection, compulsory measures may be taken by the local government.

When the sewage, wastes and feces are contaminated with the pathogen of B Class or C Class infectious diseases,
the unit or the individual concerned must carry out treatment according to the hygienic requirements proposed by an anti-epidemic
agency.

Article 18. The animal husbandry and veterinary departments of governments at various levels shall be responsible
for the prevention, treatment and management of infectious diseases of domestic animals and fowls related
to infectious diseases common to human beings and animals.

Wild animals related to infectious diseases common to human beings and animals shall be prohibited from being sold
or transported until they have been quarantined by the animal husbandry and veterinary department of the local government
or of the government at the receiving end.

The animal husbandry and veterinary departments, the health departments and the public security departments of
governments at various levels shall be responsible for the prevention, treatment and control of rabies according to
the division of work specified by the State Council.

Article 19. Before a large construction project is started in an area which is a natural infection focus or a possible natural infection
focus, the construction unit shall apply to the local anti-epidemic agency for a sanitary investigation of
the construction environment and take necessary anti-epidemic measures according to the requirements of the anti-epidemic
agency.

During the period of construction, the construction unit shall assign special personnel to take charge of anti-epidemic
work at the construction site.

Article 20. For persons engaged in the prevention or treatment of infectious diseases or in scientific research or teaching
related to such diseases, for persons who handle the epidemic situation on the spot, and for persons who, in productive
pursuits or other types of work, are in contact with infectious disease pathogens, the units concerned shall, in accordance
with the relevant provisions of the state, take effective measures of protection and of medical and health care.

CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION

Article 21. Anyone who has found an infectious disease patient or a suspected one shall promptly report to the nearby medical
care and health institution or anti-epidemic agency.

When medical care and health personnel or anti-epidemic personnel on duty find patients, pathogen carriers or suspected
patients of A Class or B Class infectious diseases, or if they find in a monitored area patients, pathogen carriers
or suspected patients of C Class infectious diseases, they must report the epidemic situation to the local
health and anti-epidemic agency within the time limit prescribed by the health administration department
under the State Council. When a health and anti-epidemic agency finds the prevalence of infectious
diseases or receives a report on the epidemic situation of A Class infectious diseases or of AIDS or pulmonary anthrax
as a type of anthrax among B Class infectious diseases, it shall immediately report to the local health administration
department, which shall immediately report to the local government and also to the health administration department
at a higher level and the health administration department under the State Council.

Article 22. The responsible persons concerned of governments at various levels and the persons engaged in the medical care, epidemic
prevention, surveillance and control of infectious diseases shall not withhold the truth about or make
a false report on the epidemic situation or inspire others to do so.

Article 23. The health administration department under the State Council shall promptly release information on and publicly announce
the true epidemic situation and may authorize the health administration departments of provinces, autonomous
regions, or municipalities directly under the Central Government to release information on and publicly announce the
true epidemic situation in their respective administrative areas.

CHAPTER IV CONTROL

Article 24. When medical care and health institutions and anti-epidemic agencies find infectious diseases, they shall promptly take
the following control measures:

(1) Patients and pathogen carriers of A Class infectious diseases and patients of AIDS and of pulmonary anthrax
as a type of anthrax among B Class infectious diseases shall be isolated for treatment. The period of isolation shall
be determined according to the results of medical examination. For those who refuse treatment in isolation
or break away from treatment in isolation before the expiration of the isolation period, the public security department
may assist medical care institutions in taking measures to enforce the treatment in isolation;

(2) For patients of B Class infectious diseases other than AIDS and pulmonary anthrax as a type of anthrax and
patients of C Class infectious diseases, necessary treatment and control measures shall be taken according to the patients’
conditions;

(3) Suspected patients of A Class infectious diseases shall be kept under medical observation in designated places until
a definite diagnosis is made; and

(4) Necessary sanitary disposal and preventive measures shall be applied to places and objects contaminated
by patients, pathogen carriers and suspected patients of infectious diseases and persons in close contact with them.

Patients of infectious diseases,their relations and the related units as well as the local organizations of residents
or villagers shall cooperate in executing the measures specified in the preceding paragraphs.

Article 25. In the event of an outbreak or a prevalence of an infectious disease, the local government shall immediately get
people organized to control them and cut off the route of transmission; when necessary, it may take the following
emergency measures, subject to reporting to and decision by the local government at the next higher level:

(1) restricting or suspending fairs, assemblies, cinema shows, theatrical performances and other types of mass congregation;

(2) suspension of work, business and school classes;

(3) provisional requisition of houses and means of transport; and

(4) closing public drinking water sources contaminated with the pathogen of infectious diseases.

When a local government at or above the county level receives a report from a government at the next lower level
proposing the adoption of the above-mentioned emergency measures, it shall make a decision within the prescribed time
limit.

The termination of emergency measures shall be announced by the authorities that originally made the decision.

Article 26. In the event of an outbreak or a prevalence of an A Class or a B Class infectious disease, a local government at or above
the county level may, subject to reporting to and decision by the local government at the next higher level, announce
the designation of an epidemic area, take emergency measures in the epidemic area as specified in Article 25 of this
Law and carry out quarantine inspection of persons, goods and materials and means of transport entering or leaving
the epidemic area. By decision of the government of a province, an autonomous region or a municipality directly under
the Central Government, an epidemic area of an A Class infectious disease may be blockaded; the blockade of an epidemic
area in a large or medium-sized municipality or an epidemic area that cuts across provinces, autonomous regions and
municipalities directly under the Central Government as well as the blockade of an epidemic area leading to the
interruption of traffic along a main line of communication or to the blockade of frontiers shall be decided by the
State Council.

The termination of the blockade of an epidemic area shall be announced by the authorities that originally made the decision.

Article 27. When a grave epidemic situation occurs, the health administration department under the State Council shall have the
authority, within the whole country or across provinces, autonomous regions and municipalities directly
under the Central Government, and health administration departments under the governments at various levels
shall have the authority, in their respective administrative areas, to assemble medical and health personnel and anti-epidemic
personnel at various levels and of different types for participation in the control of the epidemic situation.

Article 28. The body of a person who died of plague, cholera or anthrax must be disinfected immediately and cremated at a nearby place.
The body of a person who died of any other infectious disease shall, when necessary, be cremated after disinfection
or buried deep in accordance with relevant provisions.

The medical care and health institutions and anti-epidemic agencies may, when necessary, conduct autopsy on
the corpses of patients or suspected patients of infectious diseases.

The standing committee of the people’s congress of a province or an autonomous region may,while implementing the
provisions of the preceding two paragraphs in national autonomous areas, make flexible provisions when necessary.

Article 29. The pharmaceutical department and other departments concerned shall promptly supply pharmaceuticals and instruments
for the prevention and treatment of infectious diseases. The units making biological products shall promptly
supply such products for the prevention and treatment of infectious diseases. There shall be a certain amount of
pharmaceuticals, biological products and instruments in reserve for the prevention and treatment of infectious diseases.

Article 30. Railroad, communications, and civil aviation departments must give priority to the transportation of personnel, pharmaceuticals,
biological products and instruments for dealing with the epidemic situation, as approved by the health administration
department.

Article 31. The specific measures for communication quarantine for the purpose of controlling the spread of infectious diseases
shall be formulated by the health administration department under the State Council together with the departments
concerned, and enforced after being reported to and approved by the State Council.

CHAPTER V SUPERVISION

Article 32. Health administration departments of governments at various levels shall exercise the following supervisory and managerial
functions and powers regarding the prevention and treatment of infectious diseases:

(1) to supervise and inspect the measures for the prevention, treatment, monitoring and control of infectious diseases
as well as the control of the epidemic situation;

(2) to instruct an inspected unit or individual to improve management of the prevention and treatment of infectious
diseases within a definite time; and

(3) to impose administrative sanctions against violations of this Law according to the provisions of this Law.

The health administration department under the State Council may authorize the institutions in charge of health
of other departments concerned to exercise within such department the functions and powers specified in the preceding
paragraphs.

Article 33. The health administration departments of governments at various levels, the institutions in charge of health of
other departments concerned authorized by the health administration department under the State Council, and
health and anti-epidemic agencies at various levels and of different types shall appoint supervisors of infectious
disease management to execute the tasks of surveillance and management of infectious diseases assigned by the
health administration departments or the institutions in charge of health of other departments concerned.

The post of supervisor of infectious disease management shall be held by a qualified health professional, who shall
be appointed and given a certificate by the health administration department of a government at or above the provincial
level.

Article 34. The medical care and health institutions at various levels and of different types shall appoint inspectors of infectious
disease management to inspect the prevention and treatment of infectious diseases in their respective units and
in the communities for which they are responsible, and report the results of inspection to the health and
anti-epidemic agencies concerned.

An inspector of infectious disease management shall be approved and given a certificate by the health administration department
of the local government at or above the county level.

CHAPTER VI LEGAL LIABILITIES

Article 35. Any unit or individual who, in violation of the provisions of this Law, commits any of the following acts shall be ordered
to rectify it or may be fined by the health administration department of a government at or above the county level; when
there is a risk of causing an epidemic of an infectious disease, the health administration department shall report to the
government at the same level for the adoption of compulsory measures:

(1) failure on the part of a water supply unit to conform to the hygienic standards for drinking water set by the state;

(2) refusal to give disinfection treatment, according to the sanitary requirements proposed by a health and
anti-epidemic agency, to sewage, wastes and feces contaminated with the pathogen of infectious diseases;

(3) approving or conniving at the taking of jobs by patients of infectious diseases, pathogen carriers or suspected
patients of infectious diseases which they are prohibited from doing by the health administration department
under the State Council because of the likelihood of causing a spread of infectious diseases; and

(4) refusal to execute other preventive and control measures proposed by the health and anti-epidemic agencies according
to this Law.

Article 36. Any party who refuses to accept a decision on fine may, within 15 days of receiving the notice on the punishment decision,
apply to the health administration department at the next higher level for reconsideration; any party who refuses
to accept the reconsideration decision may, within 15 days of receiving the notice on the reconsideration decision, bring
a lawsuit before a court of law. Any party may also, within 15 days of receiving the notice on the punishment decision,
directly bring a lawsuit before a court. If a party neither applies for reconsideration nor brings a lawsuit before
a court of law nor carries out the punishment decision within the prescribed time, the health administration department that
has made the decision on punishment may apply to a court for compulsory execution.

Article 37. If a person commits one of the acts specified in Article 35 of this Law and as a result causes the spread or a great risk
of the spread of an A Class infectious disease, his criminal responsibility shall be investigated by applying mutatis
mutandis the provisions of Article 178 of the Criminal Law of the People’s Republic of China.

Article 38. Any person engaged in the experimentation, storage, carrying or transportation of bacterial strains and virus
strains of infectious diseases who, in violation of the relevant provisions of the health administration department
under the State Council, causes a spread of the bacterial strains or virus strains of an infectious disease, with
severe consequences, shall be prosecuted in accordance with Article 115 of the Criminal Law; he shall be given
an administrative sanction if the circumstances are not so serious.

Article 39. Any person engaged in the medical care and health work, epidemic prevention, surveillance and control related to
infectious diseases or any relevant responsible person of the government who causes the spread or epidemic
of an infectious disease due to his dereliction of duty shall be given an administrative sanction; if the circumstances
are serious enough to constitute a crime, he shall be prosecuted in accordance with Article 187 of the Criminal Law.

CHAPTER VII SUPPLEMENTARY PROVISIONS

Article 40. The health administration department under the State Council shall, in accordance with this Law, formulate rules
for its implementation which shall come into force after being submitted to and approved by the State Council.

Article 41. This Law shall come into force as of September 1, 1989.

REGULATIONS OF PRC ON THE INVESTIGATION AND HANDLING OF MARITIME TRAFFIC ACCIDENTS

Regulations of PRC on the Investigation and Handling of Maritime Traffic Accidents

(Effective Date:1990.03.03–Ineffective Date:)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II REPORT

CHAPTER III INVESTIGATION

CHAPTER IV HANDLING OF ACCIDENTS

CHAPTER V MEDIATION

CHAPTER VI PENALTIES

CHAPTER VII SPECIAL PROVISIONS

CHAPTER VIII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 1. These Regulations are formulated according to the relevant provisions of the Maritime Traffic Safety Law of the People’s Republic
of China in order to strengthen the control of maritime traffic safety and promptly investigate and handle maritime traffic accidents.

Article 2. The harbour superintendency establishments of the People’s Republic of China shall be responsible for implementing these Regulations.

Article 3. These Regulations shall apply to the maritime traffic accidents happening to the vessels and installations in the coastal waters
of the People’s Republic of China.

If there exist special provisions in state laws and administrative regulations for the investigation and handling of the maritime
traffic accidents happening in the fishing port waters or of the maritime traffic accidents happening between fishing vessels or
between military vessels in the coastal waters, these special provisions shall prevail.

Article 4. The maritime traffic accidents referred to in these Regulations mean the following accidents happening to vessels and installations:

(1) Collision, strike or damage by waves;

(2) Hitting hidden rocks or running aground;

(3) Fire or explosion;

(4) Sinking;

(5) Damage or loss of machinery parts or important tools during a voyage which affects the vessel’s seaworthiness;

(6) Other maritime traffic accidents which cause losses in property and human lives.

CHAPTER II REPORT

Article 5. The persons in charge of the vessels and installations which are involved in maritime traffic accidents must report immediately to
the harbour superintendency administration at the nearest harbour by a high-frequency telephone, radiotelegram or other effective
means. The content of the reports shall include: name of the vessel or installation, call sign, nationality, port of departure and
port of arrival, owners or managers of the vessel or installation,when and where the accident happened and the attending circumstances
on the sea, the extent of damage of the vessel or installation, request for salvage, etc.

Article 6. The persons in charge of the vessels and installations which are involved in maritime traffic accidents must, in addition to making
brief reports immediately in accordance with the provisions in Article 5, submit the Report Concerning Maritime Traffic Accidents
and other necessary documents and material according to the following stipulations to the harbour superintendency administration;

(1) If maritime traffic accidents happen to vessels or installations within the waters of the harbour areas, it is necessary to submit
a report and other material to the local harbour superintendency administration within 24 hours after the accidents.

(2) If maritime traffic accidents happen to vessels or installations in the coastal waters beyond the waters of harbour areas, it
is necessary to submit a report and other material within 48 hours after the vessels arrive at the first harbour in the People’s
Republic of China of the harbour superintendency administration; in the case of installations, it is necessary to report by telegram,
the content of which shall cover all the items required in the Report Concerning Maritime Traffic Accidents to the harbour superintendent
at the nearest harbour within 48 hours after the accidents.

(3) If a maritime traffic accident happens in the course of pilotage, the pilot shall submit the Report Concerning Maritime Traffic
Accidents to the local harbour superintendency administration within 24 hours after his return to the harbour.

If, because of special circumstances, the Report Concerning Maritime Traffic Accidents cannot be submitted within the time limit set
in paragraphs (1) and (2) of this Article, the time limit may be appropriately extended after permission is obtained from the harbour
superintendency administration.

Article 7. The following information shall be truthfully provided in the Report Concerning Maritime Traffic Accidents:

(1) Basic conditions of the vessel or installation and the data concerning its main functions;

(2) Name and address of the owner or manager of the vessel or installation;

(3) When and where the accident happened;

(4) The climatic conditions and the conditions on the sea when the accident happened;

(5) A detailed description of the course of the accident (for a collision, a sketch map illustration the face-to-face movements shall
be attached);

(6) Degree of the damage (A sketch showing the damaged parts of the vessel or installation shall be attached. If it is difficult to
make a thorough investigation within the set time limit, a report shall be submitted at a later date after the examination.)

(7) Estimated location of sinking in case where the vessel or installation sank;

(8) Other information related to the accident.

Article 8. A report concerning maritime traffic accidents must be truthful and there must not be any concealment or falcification.

Article 9. If a vessel or an installation is damaged due to a maritime traffic accident, the captain in of the vessel or the person in charge
of the installation shall apply to China’s local inspection department or the inspection department at the vessel’s first port of
arrival in China for inspection or appraisement and send a copy of the inspection report to the harbour superintendency administration
for the record.

The harbour superintendency administration may entrust the inspection and appraisement mentioned in the preceding paragraph to relevant
unite or department and the expenses shall be borne by the owner or manager of the vessel or installation.

If the accident happening to a vessel or installation involved fire or explosion, the captain or the person in charge of installation
must apply to a fire fighting brigade in the public security organ for an appraisement and send a copy of the appraisement report
to the harbour superintendency administration for the record.

CHAPTER III INVESTIGATION

Article 10. Harbour superintendency administration shall be responsible for the investigation of the maritime traffic accidents which happen
in the waters of their respective harhour areas.

The maritime traffic accidents which happen outside the waters of harbour areas shall be investigated by the harbour superintendency
administration of the nearest harbour or that of the vessel’s first port of arrival in the People’s Republic of China. The Harbour
Superintendency Administration Bureau of the People’s Republic of China may designate a harbour superintendency administration to
carry out the investigation, if the Bureau deems it necessary.

When the harbour superintendency administration concerned deems it necessary, he may request relevant departments and social organizations
to take part in the investigation of the accidents.

Article 11. Upon receiving accident reports, the harbour superintendency administration shall promptly carry out investigation. Investigation
shall be carried out in an objective and all-round manner and must not be restricted by the information provided by the parties involved
in the accidents. If the investigation warrants it, the harbour superintendency administration has the right to:

(1) Question the persons concerned;

(2) Demand written material and testimonial from the persons under investigation;

(3) Demand the parties involved to provide logbooks, engine room logs, wheel-bell records, radio operation logs, course records, charts,
data of the vessel, functions of the navigation equipment and instruments and other necessary original papers and materials;

(4) Examine certificates of the vessels, installations and the relevant equipment and certificates of the personnel and verify seaworthiness
of the vessels and technical conditions of the installations before the accident;

(5) Examine the damage to the vessels, installations and goods and assertain casualties of personnel;

(6) Survey the scene of the accident and collect relevant material evidences.

During the investigation, the harbour superintendency administration may use recording, photographing and video equipment and may
resort to other means of investigation permitted by law.

Article 12. The persons being investigated must subject themselves to the investigation, honestly state the relevant circumstances of the accident
and provide authentic papers and materials.

In conducting investigations, the personnel of harbour superintendency administration shall produce their certificates to the persons
being investigated.

Article 13. If the investigation of a maritime traffic accident so requires, the harbour superintendency administration may order the vessel(s)
involved to sail to the spot for investigation. Except when its (their) own safety is in danger, the vessel(s) involved must not
leave the said spot without the permission of the harbour superintendency administration.

Article 14. The organs respectively in charge of public security, state security, supervision, procuratorial work, and judicial work, as well
as maritime arbitration committees and other organs and personnel designated under the law may consult, make extracts of or duplicate
the findings concerning maritime traffic accidents prepared by the harbour superintendency administrations for the purpose of handling
cases. judicial organs may borrow these findings if they are really needed in the trials.

CHAPTER IV HANDLING OF ACCIDENTS

Article 15. The harbour superintendency administrations shall, according to the investigations of maritime traffic accidents, work out the Report
on Findings Concerning Maritime Traffic Accidents, in which causes of the accident shall be ascertained and the responsibility of
the persons concerned be determined. A serious accident shall be reported to the local procuratorial organ.

Article 16. The Report on Findings Concerning the Maritime Traffic Accident shall include the following items:

(1) Basic conditions of the vessels or installations and the main data;

(2) Names and addresses or the owners or managers of the vessels or installations;

(3) When and where the accident happened, the course of the accident, weather and sea conditions at the time, seriousness of the damage;

(4) Causes of the accident and evidences thereof;

(5) Liabilities of the parties involved and evidences thereof;

(6) Other relevant information.

Article 17. The harbour superintendency administrations may, according to the nature and seriousness of their liabilities, mete out the following
penalties according to law to the persons who are held responsible for the maritime traffic accidents:

(1) Warnings, fines, suspension or revocation of their job certificates may be resorted to when the crew, pilots or personnel working
on the installations are of Chinese nationality;

(2) Warnings and fines may be imposed on the crew or the personnel working on the installations who are of foreign nationalities or
their faults may be reported to the competent organs of their respective countries.

Article 18. If it is necessary to pursue the administrative responsibility of the persons involved, owners or managers of the vessels or installations
who are held responsible for the maritime traffic accidents, the harbour superintendency administrations shall submit the cases to
their competent organs or the organs in charge of administrative supervision, With respect to persons whose action constitutes a
crime, the judicial authorities shall, in accordance with the law, investigate their criminal responsibility.

Article 19. The harbour superintendency administration may, in the light of the causes of the maritime traffic accidents, order the owners and
managers of the vessels involved or installtions involved to strengthen safety control over their vessels or installations within
a time limit. In case of refusal to strengthen safety administration or failure to meet the safety requirements within the said time
limit, the harbour superintendent has the right to order the vessels or installations to suspend navigation, change courses or suspend
operation and may adopt other necessary compulsory measures.

CHAPTER V MEDIATION

Article 20. If a maritime traffic accident happening to vessels or installations gives rise to a civil dispute over tort liability, the parties
may apply to the harbour superintendency administration for mediation.

Mediations must be carried out on the principles of voluntariness and impartiality and no coercion shall be allowed.

Article 21. If s suit has been brought before a maritime court or an application sent to a maritime arbitration organ, the parties to the civil
disputes mentioned in the preceding article shall not apply to the harbour superintendency administration for mediation.

Article 22. Written applications for mediations shall be submitted, by the parties within 30 days after the accident happened, to the harbour
superintendency administration responsible for the investigation of the accident. If guarantees are demanded by the harbour superintendency
administration the parties shall provide papers of economic compensation guarantee.

Article 23. If an agreement is reached after mediation, the harbour superintendency administration shall prepare a mediation document. The mediation
document shall include the following items: names and addresses of the parties, names and positions of the legal representatives,
main points of the disputes, liabilities of the parties, content of the agreement, payment of the mediation fees and the time limit
for the execution of the mediation agreement. The parties concerned shall jointly sign the mediation document and the superintendency
administration shall confirm it by affixing its seal thereon. One copy of the mediation document shall be held by each party concerned
and one copy kept by the harbour superintendency administration.

Article 24. All the parties concerned shall execute the agreement of mediation of their own accord. If the parties renegue or fail to execute
the agreements within the time limit after the agreement is reached, the mediation shall be regarded as failing.

Article 25. If a party to a civil dispute who has applied to the harbour superintendency administration for mediation wants to withdraw from
it, the party shall send a written application to the harbour superintendency administration for mediation cancellation and notify
the other party to the dispute at the same time.

Article 26. If the harbour superintendency administration fails to make the parties reach an agreement of mediation within 3 months as of the
date of receipt of the application for mediation, the mediation may be announced as failing.

Article 27. If the parties do not want mediation or the mediation has failed, they may bring a suit in a maritime court or apply to a maritime
arbitration organ for arbitration.

Article 28. Anyone who has applied to the harbour superintendency administration for mediation shall pay mediation fees. Standards for mediation
charges shall be worked out by the Ministry of Communications in conjunction with the State Administration for Commodity Prices and
the Ministry of Finance.

If an agreement is reached through mediation, the mediation charge shall be shared according to the seriousness of the parties’ faults
or the agreed proportions. If mediation has failed, the expenses shall be shared out equally among the parties.

CHAPTER VI PENALTIES

Article 29. The harbour superintendency administration may, depending on the circumstances, warn or impose a fine of not more than 200 yuan on
the persons concerned (natural person), or impose a warning or a fine of not more than 5,000 yuan on the owners or managers of the
vessels, if they violate these Regulations in one of the following manners:

(1) Failing to report the accident to the harbour superintendency administration or submit the Report Concerning Maritime Traffic
Accident or duplicate copies of the documents of court verdict, arbitration award or mediation document as stipulated in Article
32 of these Regulations within the time limit;

(2) Failing to sail to the spot designated by the harbour superintendency administration or leaving the designated spot without the
permission of the harbour superintendency administration when nothing is endangering the vessel (s);

(3) Affecting the progress of the investigations or causing losses to the departments concerned because the content of the accident
report or the Report Concerning Maritime Traffic Accident does not meet the stipulated requirement or it is not truthful;

(4) Affecting the investigation of the accident by violating the provisions of Article 9;

(5) Refusing to be investigated or unjustifiably obstructing and interfering with the investigation by the harbour superintendency
administration;

(6) Intertionally concealing facts or providing false testimonial during investigation.

With respect to persons whose acts have constituted a crime as specified in paragraphs (5) and (6) of this Article, the judicial organs
shall investigate their criminal responsibility according to law.

Article 30. Administrative sanctions shall be given by administrative supervision organs or relevant units to those persons working in harbour
superintendency administrations who violate the provisions of these Regulation, neglect their duties, abuse their powers, engage
in malpractices for selfish ends and ask for and accept bribes. If their acts constitue crimes, their criminal responsibilities shall
be investigated by judicial organs according to law.

Article 31. If the parties concerned do not agree with the penalties imposed on them by the harbour superintendency administration according
to the provisions of these Regulations, they may bring a suit in a people’s court according to law.

CHAPTER VII SPECIAL PROVISIONS

Article 32. If maritime traffic accidents happen to vessels of Chinese nationality outside the coastal waters of the People’s Republic of China,
their owners or managers shall report to the harbour superintendency administration where the vessels have registered and shall submit
the Report Concerning Maritime Traffic Accident within 60 days after the accidents happened. If lawsuits, arbitrations of mediations
concerning the accidents take place abroad, the owners or managers shall submit copies or photocopies of the court verdicts, awards
or mediation documents to the harbour superintendent of the harbour where the vessels have registered for the record within 60 days
after the termination of the lawsuits, arbitration or mediation.

Article 33. If crew members of Chinese nationality holding job qualification certificates of the People’s Republic of China are held responsible
for maritime traffic accidents while they are working on board foreign vessels, their respective units in China shall submit the
Report Concerning Maritime Traffic Accidents to the harbour superintendency administration issuing the job qualification certificates
within 60 days after the accidents happened.

The maritime traffic accidents mentioned in the first paragraph of this Article and in Article 32 shall be investigated and dealt
with in accordance with the relevant provisions of these Regulations.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 34. With respect to those operations which have violated the regulations concerning maritime traffic safety and have constituted latent
threats of potential major accidents although direct traffic accidents have not been caused, the harbour superintendency administration
may carry out investigation and mete out penalties according to the provisions of these Regulations.

Article 35. The maritime traffic accidents which have caused marine environmental pollution shall be dealt with in accordance with the relevant
laws and regulations of China concerning marine environmental protection.

Article 36. These Regulations shall be interpreted by the Ministry of Communications.

Article 37. These Regulations shall go into effect as of the date of promulgation.

INTERIM REGULATIONS ON ENCOURAGING FOREIGN INVESTMENT IN THE DEVELOPMENT AND MANAGEMENT OF WHOLE TRACTS OF LAND

Interim Regulations on Encouraging Foreign Investment in the Development and Management of Whole Tracts of Land

(Effective Date:1991.05.17–Ineffective Date:)

Article 1. In order to further encourage foreign investment in the development and management of whole tracts of land and to bring in technologically
advanced and export-oriented enterprises, the Regulations hereof are formulated in line with the “Interim procedures for the Administration
of Foreign Investment in the Development and Management of Whole Tracts of Land” issued by the State Council, the “Interim Regulations
Governing Leasing and Transfer of the Right to use State-Owned Land in Urban Areas,” other relevant regulations and the concrete
conditions in this province.

Article 2. Foreign investors developing and managing whole tracts of land, as stated in the Regulations, means the comprehensive development
of state-owned land as planned. This is carried out after acquisition of the right to use that land, including leveling the ground,
building the drainage and water, power and heat supply systems, and road transport. Communications and other public facilities to
lay down appropriate conditions for industrial and other construction purpose. Then land developers can proceed with the transfer
of land-use right and the operation of public utilities, or building general-purpose factory buildings, supporting facilities in
the service of production and people’s livelihood, and other buildings erected on the ground; and transferring or leasing these buildings
to others.

The projects of foreign investors developing and managing whole tracts of land must be conducted in special economic zones, coastal
open cities and their economic and technological development zones, and coastal economic open areas. For such projects within the
stipulated limits that the provincial people’s government is authorized to examine and approve, their written project proposals and
feasibility study reports shall be submitted to the government for examination and approval (but, written proposals and feasibility
study reports of projects belonging to the city of xiamen shall be submitted to the Xiamen municipal government for examination and
approval.)

Article 3. the development and management of whole tracts of land by foreign investors must be conducted in accordance with regulations enacted
by the state regarding development and management of whole tracts of land; the overall design of the area development project must
be in conformity with the regional planning and the overall urban planning and design of the places where the projects are located;
and the overall design of the area development project must meet the requirements for transportation, urban construction and environmental
protection. The use of the developed land in the development areas shall focus on production; the projects introduced into such areas
shall be in line with the state industrial policies and shall go through the stipulated procedures on submitting written proposals
to the related authorities for examination and approval.

Article 4. After legitimately obtaining the land-use right, the development enterprises shall have the right to engage in development and construction
in the development areas according to the approved overall land development programme; to lease or transfer the land-use right of
the areas that they have already invested in and developed to others in accordance with terms prescribed in the contracts; to bring
other enterprises into the development areas according to the state industrial policies; and to manage water and power supply facilities
developed by the development enterprises themselves in the development areas. The term of leasing out the land-use right usually
lasts for 50 years, but upon its expiry, the term can be extended by going through the land-use right leasing extension procedures
according to law if it is so wished by the foreign investors.

If the land-use right transferee fails to use the land two years after the transfer is completed, the government has the right to
withdraw the land-use right according to law. During the development period, if the foreign investors fail to develop and use the
whole areas of land according to the contracts, the government has the right to withdraw the land-use right of the part of the development
areas that has not yet been utilized.

Article 5. In the development areas, the land used for production shall not account for less than 80% of the total development area and the
land used for supporting facilities for people’s livelihood and services shall be controlled within 20% of the total development
area. Land used for building hospitals, schools, day-care centres and other public facilities with foreign investment or land used
for building offices for administrative branches of the government may not be included in the aforesaid percentages.

Article 6. The development enterprises and foreign-funded enterprises in the development areas shall be exempted from the levy of land-use fees
during the construction period as prescribed in the contracts; technologically advanced and export-oriented enterprises scheduled
to operate for more than 10 years shall, after their status is confirmed by the relevant authorities, be exempted from the land-use
fees for five years; and projects involving development of science and technology, education, culture, medical work and public health,
public welfare causes and capital construction which are encouraged by the state may apply for exemption or reduction of land-use
fees.

Enterprises engaged in development of whole tracts of land on waste hills, wasteland and waste beaches shall be exempted from land-use
fees for 20 years (including the construction period).

Article 7. the same standards for levying charges on provision of water, power, gas, transport and communication services for the state enterprises
shall be applied to productive enterprises in the development areas. However, the latter shall pay the fees for capacity expansion
and introduction of supporting facilities in accordance with the state regulations. The development enterprises investing in the
construction of supporting facilities of water and power supply outside the development areas shall be exempted from the fees of
capacity expansion and introduction of supporting facilities pertaining to electric voltage and water resources at the level of aforesaid
construction. The standards for levying charges on using waterpower supply and other public productive facilities constructed by
the development enterprises in the development areas may be set by the development enterprises in the development enterprises themselves
and they may also enjoy the autonomy in managing such facilities. If there is a surplus in the capacity of the facilities, it is
necessary for the development enterprises to supply the surplus to users outside the development areas or to connect these utilities
with networks there. the development enterprises shall sign contracts with the local public utilities enterprises pursuant to the
relevant regulations enacted by the state and engage in operation according to the terms prescribed in the contracts.

Article 8. In order to simplify the procedures for examining and approving the establishment of foreign-funded enterprises in the development
areas, an appraisal of the overall environmental impact in such areas shall be conducted to control the total number and to regularly
monitor the operation of enterprises in the development areas and the appraisal shall be examined and approved by the environmental
protection departments. The standards for fire-fighting, labour safety and protection, earthquake prevention and greening projects
shall be controlled at a regional level and shall be included into the same overall development programme submitted to the relevant
authorities for examination and approval. The development enterprises must see to it that the foreign-funded enterprises in the development
areas meet the foreign-funded enterprises in the development areas meet the aforesaid requirements; the relevant government departments
shall supervise the implementation of this provision according to law.

Article 9. The development areas shall enjoy the policies offered to key industrial satellite towns (except for development areas located in
special economic zones and economic and technological development zones). Upon the expiry of their period for tax exemption or reduction,
export-oriented enterprises whose status has been confirmed by related authorities may enjoy a 50% reduction in the enterprise income
tax in the year when more than 70% of their products are exported. Upon the expiry of their period for tax exemption or reduction,
enterprises using advanced technology may enjoy a 50% reduction in the enterprise income tax for an extended period of three years.

If the development areas are isolated experimental zones for importing improved agricultural varieties and fine breeds and their establishment
has been approved by the provincial government, income form experimental projects of importing improved varieties and fine breeds
in such development areas shall be exempted from industrial and commercial consolidated tax for five years and such experimental
projects shall be exempted from enterprise income tax for five years starting from the first profit-making year.

Article 10. Equipment for production and management, building materials, and vehicles for productive use imported by the development enterprises
that are also productive enterprises within their total investment; means of transport and office equipment imported by the enterprises
according to related regulations and for the use of the enterprises themselves; and reasonable amounts of goods and means of transport
imported by foreign investors and employees of the development enterprises for the use of themselves and their households shall be
exempted from custom duties and industrial and commercial consolidated tax. The above-mentioned equipment and goods imported by foreign-funded
enterprises in the development areas shall be handled in accordance with the relevant regulations issued by the customs.

Article 11. To meet the needs of the foreign-funded enterprises in the development areas for production, storage and transport, upon approval
of the customs, the development enterprises may set up bonded storehouses and the export-oriented enterprises in such areas may set
up bonded factories. The products transferred among chain enterprises in the development areas for processing and products for indirect
export may also be bonded.

Article 12. In the development areas, foreign investors shall be permitted to set up the tertiary industry to serve the production and people’s
livelihood in such areas in order to further boost the economic development and improve the investment environment there.

Article 13. The employees of foreign-funded enterprises in the development areas can be recruited from among the job-waiting people in this province.
The local labour departments shall take care of the employee-recruiting procedures and report the employment for record to the labour
departments in localities where the newly-recruited hold the residential papers.

The enterprises have the right to set their own salary standards and to recruit or dismiss their employees in accordance with laws.

Article 14. The administration of the development areas shall be executed by the agencies jointly set up by the competent authorities and local
governments.

Article 15. The present Regulations are applicable to Sino-foreign joint ventures, Sino-foreign cooperative production enterprises and solely
foreign-funded enterprises that are engaged in projects of development and management of whole tracts of land. Corporations, enterprises
and other economic institutions as well as individuals from Hongkong, Macau and Taiwan that invest and engage in the development
of whole tracts of land may do so with reference to these Regulations.

Article 16. These Regulations shall taken effect on the day they are promulgated and the authority for interpretation of these Regulations rests
with the Office of Special Economic Zones under the People’s Government of Fujian Province.

PROVISIONS ON THE REPORT AND HANDLING OF CASUALTY ACCIDENTS TO ENTERPRISES EMPLOYEES

Category	LABOUR ADMINISTRATION	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1991-02-22	Effective Date	1991-05-01

Provisions on the Report and Handling of Casualty Accidents to Enterprises Employees

Chapter I  General Provisions
Chapter II  Report of Accidents
Chapter III  Investigation of Accidents
Chapter IV  Handling of Accidents
Chapter V  Supplementary Provisions

(Promulgated by Decree No.75 of the State Council of the People’s Republic

of China on February 22, 1991 and effective as of May 1, 1991)
Chapter I  General Provisions

Article 1 These Provisions are enacted for the purposes of promptly
reporting, counting, investigating and handling casualty accidents to
enterprises employees, actively taking preventive measures and forestalling
casualty accidents.

Article 2 These Provisions apply to all enterprises within the territory
of the People’s Republic of China.

Article 3 “Casualty accidents” used in these Provisions refers to
accidents of personal injury and acute poisoning to enterprises employees
occurring in the process of labour.

Article 4 The principles of realism and scientism shall be maintained in
reporting, counting, investigating and handling casualty accidents.
Chapter II Report of Accidents

Article 5 The injured or other involved persons on the scene of a
casualty accident shall, upon the occurrence of the accident, immediately
report to the enterprise principal directly or level by level.

Article 6 An enterprise principal shall, upon the receipt of a report on
a serious injury, death or heavy death accident, immediately report to the
department responsible for the enterprise, the labour department, the public
security authority, the people’s procuratorate and the trade union in the
place where the enterprise is located.

Article 7 The department responsible for the enterprise and the labour
department shall, upon the receipt of a report on a death or heavy death
accident, immediately report to higher departments level by level according to
their respective administrative relationship; a death accident shall be
reported to the provincial, autonomous regional or municipal level and a heavy
death accident to the competent department and the labour department of the
State Council.

Article 8 An enterprise suffering a death or heavy death accident shall
keep the scene of the accident and shall promptly take necessary measures in
saving persons and property and avoiding the extension of the accident.
Chapter III Investigation of Accidents

Article 9 An enterprise principal or his authorized person shall organize
an investigation group which is composed of personnel in charge of production,
technology and safety and the trade union members to investigate a slight or
serious injury accident.

Article 10 The department responsible for the enterprise shall consult
with the labour department, the public security authority and the trade union
at the level of districted city (or at the level equivalent to a districted
city) in the place where the enterprise is located to form an investigation
group to investigate a death accident.

The department responsible for the enterprise at the provincial,
autonomous regional or municipal level or the competent department of the
State Council shall, according to the administrative relationship to the
enterprise, consult with the labour department, the public security authority,
the administrative supervision department and the trade union at the same
level to form an investigation group to investigate a heavy death accident.

The investigation groups mentioned in the preceding two paragraphs shall
invite the people’s procuratoriats to join in, and may also invite other
departments and relevant experts to join in.

Article 11 Members of the investigation group shall meet the following
requirements:

(1) having expertise in a certain field necessary for the investigation of
the accident; and

(2) not having personal interests in the accident.

Article 12 The functions of the investigation group are:

(1) to ascertain the cause and course of the accident and the number of
casualties and the state of economic losses;

(2) to determine the person responsible for the accident;

(3) to make a proposal for handling the accident and taking preventive
measures; and

(4) to give a investigation report on the accident.

Article 13 The investigation group has power to collect information and
demand materials relating to the accident from the enterprise suffering the
accident and any involved organization and individual who may not refuse to
assist.

Article 14 If the investigation group disagrees in analysing the accident
and handling the person responsible for the accident upon ascertaining the
facts, the labour department has power to raise a conclusive opinion. If the
disagreement remains, the case shall be referred to the higher labour
department for handling in consultation with relevant departments. Should the
departments disagree, the case shall be referred to the people’s government at
the same level for decision. However, the time limit for handling the accident
shall not be exceeded.

Article 15 No organization or individual may obstruct and interfere in
the normal working of the investigation group.
Chapter IV Handling of Accidents

Article 16 An enterprise suffering an accident and its responsible
department shall deal with the proposals made by the investigation group for
handling the accident and taking preventive measures.

Article 17 Where anyone causes an accident by neglecting production
safety, commanding or operating against rules and regulations, neglecting
duties or failing to take effective measures upon finding potential dangers of
accidents or damages, the department responsible for the enterprise or the
enterprise shall, in accordance with the relevant provisions of the state,
impose disciplinary sanctions on the enterprise principle and persons directly
responsible; if a crime has been constituted, the judicial organs shall
investigate for criminal responsibilities.

Article 18 Where anyone, in violation of these Provisions, conceals, or
falsely reports, or deliberately delays reporting an accident, or
deliberately destroys the scene of an accident, or refuses to accept
investigation and refuses to provide information and materials relating to an
accident without justified reasons, the competent department shall, in
accordance with the relevant provisions of the state, impose disciplinary
sanctions on principals of involved organizations and persons directly
responsible; if a crime has been constituted, the judicial organs shall
investigate for criminal responsibilities.

Article 19 Where anyone neglects his duties, bends laws for his personal
interests, or makes retaliation when investigating and handling a casualty
accident, the organization to which he belongs shall, in accordance with the
relevant provisions of the state, impose disciplinary sanctions on him; if a
crime has been constituted, the judicial organ shall investigate for criminal
responsibilities.

Article 20 The work for handling a casualty accident shall be closed
within 90 days, or 180 days if the circumstances are special. The conclusion
shall be published after the closing of handling a casualty accident.
Chapter V Supplementary Provisions

Article 21 The labour department of the State Council shall, in
accordance with the relevant provisions of the state, formulate measures of
casualty statistics and report forms in consultation with the statistics
department of the State Council.

The labour department of the State Council shall, in consultation with the
relevant department of the State Council, formulate measures to determine
economic losses in casualty accidents and measures to classify accidents.

Provisions governing the investigation and handling of casualty accidents
in other laws and regulations than these Provisions shall prevail.

Article 22 The labour departments shall supervise and inspect the
implementation of these Provisions by enterprises.

Article 23 In the case of specially serious accidents, relevant
provisions of the state shall apply.

Article 24 Casualty accidents suffered by state organs, institutions and
mass organizations shall be handled with reference to these Provisions.

Article 25 The labour department of the State Council shall be
responsible for the interpretation of these Provisions.

Article 26 These Provisions shall enter into force as of May 1, 1991.
Procedures for the Report of Casualty Accidents to Workers and Staff
promulgated by the State Council in 1956 shall be repealed at the same time.

1...180181182...212 Page 181 of 212

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PROVISIONS ON THE REPORT AND HANDLING OF CASUALTY ACCIDENTS TO ENTERPRISES EMPLOYEES

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CONSTITUTION ACT, 1982 – page 21

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CONSTITUTION ACT, 1982 – page 17

CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

CONSTITUTION ACT, 1982 – page 11

CONSTITUTION ACT, 1982 – page 10

CONSTITUTION ACT, 1982 – page 9

CONSTITUTION ACT, 1982 – page 8

CONSTITUTION ACT, 1982 – page 7