(Adopted at the Second Session of the Sixth National People’s Congress on May 31, 1984 and promulgated by Order No.13
of the President of the People’s Republic of China on May 31, 1984; amended in accordance with the Decision on the Amending the Law
of the People’s Republic of China on Regional National Autonomy made at the 20th Meeting of the Standing Committee of the Ninth National
People’s Congress on February 28, 2001)
Contents
Preface
Chapter I General Provisions
Chapter II Establishment of National Autonomous Areas and the Structure of the Organs of Self-Government
Chapter III The Power of Autonomy of the Organs of Self-Government
Chapter IV The People’s Courts and People’s Procuratorates of National Autonomous Areas
Chapter V Relations Among Nationalities Within a National Autonomous Area
Chapter VI Responsibilities of State Organs at Higher Levels
Chapter VII Supplementary Provisions
Preface
The People’s Republic of China is a unitary multinational State created jointly by the people of all its nationalities. Regional
national autonomy is the basic policy adopted by the Communist Party of China for the solution of the national question in China
through its application of Marxism-Leninism; it is a basic political system of the State.
Regional national autonomy means that the minority nationalities, under unified State leadership, practise regional autonomy in areas
where they live in concentrated communities and set up organs of self-government for the exercise of the power of autonomy.
Regional national autonomy embodies the State’s full respect for and guarantee of the right of the minority nationalities to administer
their internal affairs and its adherence to the principle of equality, unity and common prosperity for all the nationalities.
Regional national autonomy has played an enormous role in giving full play to the initiative of all the nationalities as masters
of the country, in developing among them a socialist relationship of equality, unity and mutual assistance, in consolidating the
unification of the country and in promoting socialist construction in the national autonomous areas and the rest of the country.
In the years to come, continued efforts shall be made to uphold and improve the system of regional national autonomy, so that it
will play a greater role in the country’s socialist modernization drive.
It has been proven by practice that adherence to regional national autonomy requires that the national autonomous areas be given
effective guarantees for implementing State laws and policies in the light of existing local conditions; that large numbers of cadres
at various levels and specialized personnel and skilled workers of various professions and trades be trained from among the minority
nationalities; that the national autonomous areas strive to promote local socialist construction in the spirit of self-reliance and
hard work and contribute to the nation’s construction as a whole; and that the State strive to help the national autonomous areas
speed up their economic and cultural development in accordance with the plans for national economic and social development.
In the effort to maintain the unity of the nationalities, both big-nation chauvinism, mainly Han chauvinism, and local national chauvinism
must be opposed.
Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory,
the people of various nationalities in the autonomous areas shall, together with the people of the whole country, adhere to the people’s
democratic dictatorship and to the policy of reform and opening to the outside world, march along the road of constructing socialism
with Chinese characteristics, concentrate their efforts on the socialist modernization drive, develop the socialist market economy,
foster the development of socialist democracy and the socialist legal system, enhance socialist cultural and ideological progress,
speed up the economic and cultural development of the national autonomous areas, work towards their unity and prosperity and strive
for the common prosperity of all the nationalities and for the transformation of China into a prosperous, powerful, democratic and
culturally advanced socialist country.
The “Law of the People’s Republic of China on Regional National Autonomy” is the basic law for the implementation of the system of
regional national autonomy prescribed in the Constitution.
Chapter I
General Provisions
Article 1 The Law of the People’s Republic of China on Regional National Autonomy is formulated in accordance with the Constitution
of the People’s Republic of China.
Article 2 -Regional autonomy shall be practiced in areas where minority nationalities live in concentrated communities.
National autonomous areas shall be classified into autonomous regions, autonomous prefectures and autonomous counties.
All national autonomous areas are integral parts of the People’s Republic of China.
Article 3 Organs of self-government shall be established in national autonomous areas as local organs of the State power at a particular
level.
The organs of self-government of national autonomous areas shall apply the principle of democratic centralism.
Article 4 The organs of self-government of national autonomous areas shall exercise the functions and powers of local organs of the
State as specified in Section 5 of Chapter III of the Constitution. At the same time, they shall exercise the power of autonomy
within the limits of their authority as prescribed by the Constitution, by this Law and other laws, and implement the laws and policies
of the State in the light of existing local conditions.
The organs of self-government of autonomous prefectures shall exercise the functions and powers of local State organs over cities
divided into districts and cities with counties under their jurisdiction and, at the same time, exercise the power of autonomy.
Article 5 The organs of self-government of national autonomous areas must uphold the unity of the country and guarantee that the
Constitution and other laws are observed and implemented in these areas.
Article 6 The organs of self-government of national autonomous areas shall lead the people of the various nationalities in a concentrated
effort to promote socialist modernization.
On the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall
have the power to adopt special policies and flexible measures in the light of local conditions to speed up the economic and cultural
development of these areas.
Under the guidance of State plans and on the basis of actual conditions, the organs of self-government of national autonomous areas
shall steadily increase labor productivity and economic results, develop social productive forces and gradually raise the material
living standards of the people of the various nationalities.
The organs of self-government of national autonomous areas shall inherit and carry forward the fine traditions of national cultures,
build a socialist society with an advanced culture and ideology and with national characteristics, and steadily raise the socialist
consciousness and scientific and cultural levels of the people of the various nationalities.
Article 7 The organs of self-government of national autonomous areas shall place the interests of the State as a whole above anything
else and make positive efforts to fulfill the tasks assigned by State organs at higher levels.
Article 8 State organs at higher levels shall guarantee the exercise of the power of autonomy by the organs of self-government of
national autonomous areas and shall, in accordance with the characteristics and needs of these areas, strive to help them speed up
their socialist construction.
Article 9 State organs at higher levels and the organs of self-government of national autonomous areas shall uphold and develop the
socialist relationship of equality, unity and mutual assistance among all of China’s nationalities. Discrimination against
and oppression of any nationality shall be prohibited; any act that undermines the unity of the nationalities or instigates national
division shall also be prohibited.
Article 10 The organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas
to use and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs.
Article 11 The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens
of the various nationalities.
No State organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may
they discriminate against citizens who believe in, or do not believe in, any religion.
The State shall protect normal religious activities.
No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with
the educational system of the State.
Religious bodies and religious affairs shall not be subject to any foreign domination.
Chapter II
Establishment of National Autonomous Areas
and the Structure of the Organs of Self-government
Article 12 Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the
light of local conditions such as the relationship among the various nationalities and the level of economic development, and with
due consideration for historical background.
Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority
nationalities live in concentrated communities.
Some residential areas and towns of the Han nationality or other nationalities may be included in a national autonomous area in consideration
of actual local conditions.
Article 13 With the exception of special cases, the name of a national autonomous area shall be composed of the name of the locality
and the name of the nationality and the administrative status, in that order.
Article 14 The establishment of a national autonomous area, the delineation of its boundaries and the elements of its name shall
be proposed by the State organ at the nest higher level jointly with the State organ in the relevant locality, after full consultation
with representatives of the relevant nationalities, before they are submitted for approval according to the procedures prescribed
by law.
Once established, no national autonomous area may, without legal procedures, be abolished or merged. Once defined, no boundaries
of a national autonomous area may, without legal procedures, be altered. Where abolition or merger or alteration is really required,
it shall be proposed by the relevant department of the State organ at the next higher level after full consultation with the organ
of self-government of the national autonomous area before it is submitted for approval according to legal procedures.
Article 15 The organs of self-government of national autonomous areas shall be the people’s congresses and people’s governments of
autonomous regions, autonomous prefectures and autonomous counties.
The people’s governments of national autonomous areas shall be responsible to and report on their work to the people’s congresses
at corresponding levels and to the administrative organs of the State at the next higher level. When the people’s congresses
at corresponding levels are not in session, they shall be responsible to and report on their work to the standing committees of these
people’s congresses. The people’s governments of all national autonomous areas shall be administrative organs of the State
under the unified leadership of the State Council and shall be subordinate to it.
The organization and work of the organs of self-government of national autonomous areas shall be specified in these areas’ regulations
on the exercise of autonomy or separate regulations, in accordance with the Constitution and other laws.
Article 16 In the people’s congress of a national autonomous area, in addition to the deputies from the nationality exercising regional
autonomy in the administrative area, the other nationalities inhabiting the area are also enpost_titled to appropriate representation.
The number and proportion of deputies to the people’s congress of a national autonomous area from the nationality exercising regional
autonomy and from the other minority nationalities shall be decided upon by the standing committee of the people’s congress of a
province, an autonomous region or a municipality directly under the Central Government, in accordance with the principles prescribed
by law, and shall be reported to the Standing Committee of the National People’s Congress for the record.
Among the chairman and vice-chairmen of the standing committee of the people’s congress of a national autonomous area shall be one
or more citizens of the nationality exercising regional autonomy in the area.
Article 17 The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall
be a citizen of the nationality exercising regional autonomy in the area concerned. Other posts in the people’s government
of an autonomous region, an autonomous prefecture or an autonomous county shall rationally be assumed by people of the nationality
exercising regional autonomy and of other minority nationalities in the area concerned.
The people’s governments of national autonomous areas shall apply the system of giving overall responsibility to the chairman of
an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county, who shall direct the work of the
people’s governments at their respective levels.
Article 18 The cadres in the departments under the organs of self-government of a national autonomous area shall rationally be chosen
from among citizens of the nationality exercising regional autonomy and of the other minority nationalities in the area.
Chapter III
The Power of Autonomy of
the Organs of Self-Government
Article 19 The people’s congresses of national autonomous areas shall have the power to enact regulations on the exercise of
autonomy and separate regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities
in the areas concerned. The regulations on the exercise of autonomy and separate regulations of autonomous regions shall be
submitted to the Standing Committee of the National People’s Congress for approval before they go into effect. The regulations
on the exercise of autonomy and separate regulations of autonomous prefectures and autonomous counties shall be submitted to the
standing committees of the people’s congresses of provinces, autonomous regions or municipalities directly under the Central Government
for approval before they go into effect, and they shall be reported to the Standing Committee of the National People’s Congress and
the State Council for the record.
Article 20 If a resolution, decision, order or instruction of a State organ at a higher level does not suit the conditions in a national
autonomous area, the organ of self-government of the area may either implement it with certain alterations or cease implementing
it after reporting to and receiving the approval of the State organ at a higher level; the said State organ shall give a reply within
60 days from the date of receipt of the report.
Article 21 While performing its functions, the organs of self-government of a national autonomous area shall, in accordance with
the regulations on the exercise of autonomy of the area, use one or several languages commonly used in the locality; where several
commonly used languages are used for the performance of such functions, the language of the nationality exercising regional autonomy
may be used as the main language.
Article 22 In accordance with the needs of socialist construction, the organs of self-government of national autonomous areas shall
take various measures to train large numbers of cadres at different levels and various kinds of specialized personnel, including
scientists, technicians and managerial executives, as well as skilled workers from among the local nationalities, giving full play
to their roles, and shall pay attention to the training of cadres at various levels and specialized and technical personnel of various
kinds from among the women of minority nationalities.
When recruiting working staff, the organ of self-government of a national autonomous area shall give appropriate considerations to
people of the nationality exercising regional autonomy and of other minority nationalities in the area.
The organs of self-government of national autonomous areas may adopt special measures to provide preferential treatment and encouragement
to specialized personnel joining in the various kinds of construction in these areas.
Article 23 When recruiting personnel in accordance with State regulations, enterprises and institutions in national autonomous areas
shall give priority to minority nationalities and may enlist them from the population of minority nationalities in rural and pastoral
areas.
Article 24 The organs of self-government of national autonomous areas may, in accordance with the military system of the State and
practical local need and with the approval of the State Council, organized local public security forces for the maintenance of public
order.
Article 25 Under the guidance of State plans, the organs of self-government of national autonomous areas shall, in the light of local
characteristics and needs, work out the guidelines, policies and plans for economic development and independently arrange for and
administer local economic development.
Article 26 Given the prerequisite of adherence to the principles of socialism, the organs of self-government of national autonomous
areas shall, in accordance with legal stipulations and in the light of the characteristics of local economic development, rationally
readjust the relations of production and the economic structure, and work hard to develop the socialist market economy.”
The organs of self-government of national autonomous areas shall uphold the basic economic system, under which public ownership is
the mainstay and the economic sectors under different types of ownership develop together, and encourage the development of the economic
sectors under non-public ownership.
Article 27 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall define the ownership
of, and the right to use, the pastures and forests within these areas.
The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and make arrangements
for and encourage the planting of trees and grass. Destruction of grasslands and forests by any organization or individual
by whatever means shall be prohibited. Reclamation of land from grasslands or forests by destroying grass or trees shall
strictly be prohibited.
Article 28 In accordance with legal stipulation, the organs of self-government of national autonomous areas shall manage and protect
the natural resources of these areas.
In accordance with legal stipulations and unified State plans, the organs of self-government of national autonomous areas may give
priority to the rational exploitation and utilization of the natural resources that the local authorities are enpost_titled to develop.
Article 29 Under the guidance of State plans, the organs of self-government of national autonomous areas shall independently arrange
local capital construction projects according to their financial and material resources and other specific local conditions.
Article 30 The organs of self-government of national autonomous areas shall independently administer the enterprises and institutions
under local jurisdiction.
Article 31 In accordance with State provisions, the organs of self-government of national autonomous areas may pursue foreign economic
and trade activities and may, with the approval of the State Council, open foreign trade ports.
National autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council.
While conducting economic and trade activities with foreign countries, the national autonomous areas shall enjoy preferential treatment
by the State.
Article 32 The finance of a national autonomous area constitutes a particular level of finance and is a component of State finance.
The organs of self-government of national autonomous areas shall have the power of autonomy in administering the finances of their
areas. All revenues accruing to the national autonomous areas under the financial system of the State shall be managed and
used by the organs of self-government of these areas on their own.
Under the unified national financial system, a national autonomous area shall enjoy preferential treatment by the financial department
at a higher level through the standard financial transfer payment system exercised by the State.
A national autonomous area shall, in accordance with State stipulations, lay aside a reserve fund for expenditure in its budget.
The proportion of the reserve fund in its budget shall be higher than that in the budgets of other areas.
While implementing its fiscal budget, the organ of self-government of a national autonomous area shall arrange for the use of extra
income and savings from expenditures at its own discretion.
Article 33 In accordance with the principles set by the State and in the light of local conditions, the organs of self-government
of national autonomous areas may work out supplementary provisions and concrete procedures with regard to the standards of expenditure,
the sizes of the staff and the quotas of work for their respective areas. The supplementary provisions and concrete procedures
worked out by autonomous regions shall be reported to the State Council for the record; those worked out by autonomous prefectures
and autonomous counties shall be reported to the people’s governments of the relevant provinces, autonomous regions or municipalities
directly under the Central Government for approval.
Article 34 While implementing the tax laws of the State, the organs of self-government of national autonomous areas may grant tax
exemptions or reductions for certain items of local financial income which should be encouraged or given preferential consideration
in taxation, in addition to items on which tax reduction or exemption requires unified examination and approval by the State.
The decisions of autonomous prefectures and autonomous counties on tax reduction and exemption shall be reported to the people’s
governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government for approval.
Article 35 A national autonomous area may, in the light of the needs of the local economic and social development and in accordance
with the stipulations of laws, set up local commercial banks and urban and rural credit cooperative organizations.
Article 36 In accordance with the guidelines of the State on education and with the relevant stipulations of the law, the organs
of self-government of national autonomous areas shall decide on plans for the development of education in these areas, on the establishment
of various kinds of schools at different levels, and on their educational system, forms, curricula, the language used in instruction
and enrollment procedures.
Article 37 The organs of self-government of national autonomous areas shall independently develop education for the nationalities
by eliminating illiteracy, setting up various kinds of schools, spreading nine-year compulsory education, developing regular senior
secondary education and secondary vocational and technical education in various forms, and developing higher education, where possible
and necessary, so as to train specialized people from among all the minority nationalities.
The organs of self-government of national autonomous areas shall set up public primary schools and secondary schools, mainly boarding
schools and schools providing subsidies, in pastoral areas and economically underdeveloped, sparsely populated mountain areas inhabited
by minority nationalities, so as to ensure that the students at school accomplish their schooling at the compulsory education stage.
The expenses for running schools and for subsidies shall be handled by the local governments. If it is difficult for the local governments
to do so, the governments at a higher level shall give them allowances.
Schools (classes and grades) and other institutions of education where most of the students come from minority nationalities shall,
whenever possible, use textbooks in their own languages and use their languages as the media of instruction. Classes for the
teaching of Chinese (the Han language) shall, where possible, be opened for junior or senior grades of primary schools to popularize
putonghua (the common speech based on Beijing pronunciation) and standard Chinese characters.
People’s governments at various levels shall give financial support to the compilation translation and publishing of teaching materials
and publications in languages of minority nationalities.
Article 38 The organs of self-government of national autonomous areas shall independently develop literature, art, the press, publishing,
radio broadcasting, the film industry, television and other cultural undertakings in forms and with characteristics unique to the
nationalities, and increase their input in cultural undertakings, provide improved cultural facilities and speed up the development
of various cultural undertakings.
The organs of self-government of national autonomous areas shall make arrangements for the units or departments concerned and support
them in their efforts to collect, sort out, translate and publish historical and cultural books of minority nationalities and protect
the scenic spots and historical sites in their areas, their precious cultural relics and their other important historical and cultural
legacies, so as to inherit and develop their outstanding traditional culture.
Article 39 The organs of self-government on national autonomous areas shall make independent decisions on local plans for developing
science and technology and spreading knowledge of science and technology.
Article 40 The organs of self-government of national autonomous areas shall make independent decisions on plans for developing local
medical and health services and for advancing both modern medicine and the traditional medicine of the nationalities.
The organs of self-government of national autonomous areas shall see to a more effective prevention and control of contagious and
endemic diseases, provide better protection for the health of women and children, and improve medical and sanitary conditions.
Article 41 The organs of self-government of national autonomous areas shall independently develop sports, promote the traditional
sports of the nationalities and improve the physical fitness of the people of the various nationalities.
Article 42 The organs of self-government of the national autonomous areas shall strive to develop exchanges and cooperation with
other areas in education, science and technology, culture and art, public health, sports, etc.
In accordance with relevant State provisions, the organs of self-government of national autonomous regions and autonomous prefectures
may conduct exchanges with foreign countries in education, science and technology, culture and art, public health, sports, etc.
Article 43 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall work out measures
for control of the transient population.
Article 44 The policy of family planning and good prenatal and postnatal care shall be carried out in national autonomous areas in
order to enhance the population quality of all the nationalities.
In accordance with legal stipulations, the organs of self-government of national autonomous areas shall, in the light of local conditions,
work out measures for family planning.
Article 45 The organs of self-government of national autonomous areas shall protect and improve the living environment and the ecological
environment and shall prevent and control pollution and other public hazards, so as to bring about the coordinated development of
population, resources and environment.
Chapter IV
The People’s Courts and People’s Procuratorates
of National Autonomous Areas
Article 46 The People’s Courts and People’s Procuratorates of national autonomous areas shall be responsible to the people’s congresses
at corresponding levels and their standing committees. The People’s Procuratorates of national autonomous areas shall also
be responsible to the People’s Procuratorates at higher levels.
The administration of justice by the People’s Courts of national autonomous areas shall be supervised by the Supreme People’s Court
and by People’s Courts at higher levels. The work of the People’s Procuratorates of national autonomous areas shall be directed
by the Supreme People’s Procuratorate and by the People’s Procuratorates at higher levels.
Members of the leadership and of the staff of the People’s Court and of the People’s Procuratorate of a national autonomous area
shall include people from the nationality exercising regional autonomy in that area.
Article 47 In the prosecution and trial of cases, the People’s Courts and People’s Procuratorates in national auto
| Category |
BANKING |
Organ of Promulgation |
The Government Administration Council |
Status of Effect |
In Force |
| Date of Promulgation |
1952-10-15 |
Effective Date |
1952-10-15 |
|
|
|
Interim Measures of the People’s Republic of China for Prohibition Against Bringing Negotiable Instruments and Securities in the
State Currency Into and out of China (Note 1) |
Notes:
(Approved and promulgated by the Finance and Economic Commission trader
the Government Administration Council on October 15, 1952)
I. These measures are formulated for the purpose of implementing Measures
of the People’s Republic of China for Prohibition Against Bringing the State
Currency into and out of China (Note 2), which has been promulgated by the
Government Administration Council of the Central People’s Government.
II. The term “negotiable instruments and securities in the State
currency” (hereinafter referred to as “instruments in the domestic currency”)
referred to herein means the following items:
1. drafts, promissory notes, cheques, deposit certificates and passbooks
in China with payment to be made in the domestic currency;
2. such negotiable securities as government bonds, share certificates and
debenture bonds that are issued domestically; and
3. all other payment instruments for making domestic payment.
III. The instruments in the domestic currency referred to herein shall
be prohibited from being carried on the person or sent into or out of China
without permission, but (1) with respect to instruments in the domestic
currency that are to be carried on the person or sent into or out of China
upon approval by the People’s Bank of China or the Bank of China entrusted by
the People’s Bank of China (hereinafter referred to as “the Bank”), the
interested party shall, on the strength of the document(s) issued by the Bank,
apply to the Customs for inspection and clearance; and (2) remittances by
overseas Chinese or money orders that are to be brought or sent into China
upon approval by the Bank shall be subject to Customs inspection before
clearance is granted thereto.
IV. Those who, in violation of the provisions in Article III of these
measures, carry on the person without permission or send covertly instruments
in the domestic currency into or out of China shall, upon discovery and
seizure thereof, be dealt with by the Customs in accordance with the Interim
Customs Law of the People’s Republic of China (Note 3) and other pertinent
laws and regulations.
V. If a passenger who is declaring to the Customs the instruments in the
domestic currency that he/she is carving out of China on the person fails to
produce a certificate issued by the Bank permitting him/her to do so, the
Customs shall detain the said instruments and give a receipt therefor and
shall hand over the instruments thus detained to the Bank for custody. The
detained instruments shall be claimed from the Bank either by a domestic
agent duly designated by the passenger or by the passenger himself/herself
upon his/her return to China.
VI. Anyone who knows of any act(s) of violation of these measures shall
report the offense(s) to the Bank, the Customs or other authorities concerned
and shall, alter the verification and handling of the offense(s), be rewarded
at the discretion of the afore-said authorities. The informer shall have the
right to require the Bank, the Customs or other authorities concerned to
maintain the informer’s anonymity.
VII. These measures shall go into effect as of the date of promulgation.
Notes:
Note 1 With regard to the measures of the People’s Republic of China for
control of carrying the state courrency into and out of China, the Measures of
the People’s Republic of China for Control of Carrying the State Currency into
and out of China, promulgated by Decree No.108 of the State Council on January
20, 1993, shall apply. –The Editor
Note 2 The Measures of the People’s Republic of China for Prohibition
Against Taking the State Currency into and out of China, promulgated by the
Government Administration Council on March 6, 1951, have been repealed by
Decree No.108 of the State Council issued on January 20, 1993. –The Editor
Note 3 The Interim Customs Law of the People’s Republic of China has been
superseded by the Customs Law of the People’s Republic of China, which was
adopted at the 19th Meeting of the Standing Committee of the Sixth National
People’s Congress of the People’s Republic of China on January 22, 1987.
— The Editor
| Category |
CATALOGUE OF INVALIDATED LAWS AND ADMINISTRATIVE REGULATIONS GOVERNING FOREIGN-RELATED MATTERS |
Organ of Promulgation |
The Standing Committee of the National People’s Congress |
Status of Effect |
In Force |
| Date of Promulgation |
1998-12-31 |
Effective Date |
1998-12-31 |
|
|
|
A Catalogue of Foreign-Related Law Annulled Formally from 1979 to 1998 by the National People’s Congress and its Standing Committee
|
(December 31, 1998)
REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CONSOLIDATED
INDUSTRIAL AND COMMERCIAL TAX (DRAFT)
(Adopted at the 101st Meeting of the Standing Committee of the National
People’s Congress on September 11, 1958, Promulgated by the State Council
on September 13, 1958)
REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON ARREST AND DETENTION
(Adopted at the Sixth Meeting of the Standing Committee of the Fifth National
People’s Congress on February 23, 1979, promulgated for implementation by
Order No.1 of the Standing Committee of the National People’s Congress on
February 23, 1979)
ENVIRONMENTAL PROTECTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL
IMPLEMENTATION)
(Adopted at the 11th Meeting of the Standing Committee of the Fifth National
People’s Congress on September 13, 1979, promulgated by Order No.2 of the
Chairman of the Standing Committee of the National People’s Congress on
September 13, 1979)
INTERIM REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON LAWYERS
(Adopted at the 15th Meeting of the Standing Committee of the Fifth National
People’s Congress on August 26, 1980, promulgated by Order No.5 of the
Standing Committee of the National People’s Congress on August 26, 1980)
INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA FOR FOREIGN ENTERPRISES
(Adopted at the Fourth Session of the Fifth National People’s Congress on
December 13, 1981, promulgated by Order No.13 of the Chairman of the Standing
Committee of the National People’s Congress on December 13, 1981)
CIVIL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL
IMPLEMENTATION)
(Adopted at the 22th Meeting of the Standing Committee of the Fifth National
People’s Congress on March 8, 1982, promulgated by Order No.8 of the Standing
Committee of the National People’s Congress on March 8, 1982)
FOOD HYGIENE LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL IMPLEMENTATION)
(Adopted at the 25th Meeting of the Standing Committee of the Fifth National
People’s Congress on November 19, 1982, promulgated by Order No.12 of the
Standing Committee of the National People’s Congress on November 19, 1982)
INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING CHINESE-FOREIGN
EQUITY JOINT VENTURES
(Adopted at the Third Session of the Fifth National People’s Congress on
September 10, 1980, amended by the decision of the Second Meetingof the
Standing Committee of the Sixth National of People’s Congress on September 2,
1983)
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE PROCEDURE FOR PROMPT ADJUDICATION OF CASES INVOLVING CRIMINALS
WHO SERIOUSLY ENDANGER PUBLIC SECURITY
(Adopted at the Second Meeting of the Standing Committee of the Sixth National
People’s Congress on September 2, 1983, promulgated by Order No.4 of the
President of the People’s Republic of China on September 2, 1983)
SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE TIME LIMITS FOR HANDLING CRIMINAL CASES
(Adopted at the Sixth Meeting of the Standing Committee of the Sixth National
People’s Congress on July 7, 1984, promulgated by Order No.15 of the
President of the People’s Republic of China on July 7, 1984)
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY SABOTAGE THE
ECONOMY
(Adopted at the 22nd Meeting of the Standing Committee of the Fifth
National People’s Congress on March 8, 1982)
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY ENDANGER PUBLIC
SECURITY
(Adopted at the Second Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for implementation by Order No.3 of the
President of the People’s Republic of China on September 2, 1983)
SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF SMUGGLING
(Adopted at the 24th Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for enforcement by Order No.62 of the
President of the People’s Republic of China on January 21, 1988)
SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF EMBEZZLEMENT AND BRIBERY
(Adopted at the 24th Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for enforcement by Order No.63 of the
President of the People’s Republic of China on January 21, 1988)
SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF DIVULGING STATE SECRETS
(Adopted at the Third Meeting of the Standing Committee of the Seventh
National People’s Congress and promulgated by Order No.7 of the President of
the People’s Republic of China on September 5, 1988, and effective as of the
same date)
SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF CATCHING OR KILLING
PRECIOUS AND ENDANGERED SPECIES OF WILDLIFE UNDER SPECIAL STATE PROTECTION
(Adopted at the Fourth Meeting of the Standing Committee of the Seventh
National People’s Congress and promulgated for enforcement by Order No.10 of
the President of the People’s Republic of China on November 8, 1988)
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING
THE PUNISHMENT OF CRIMES OF DESECRATING THE NATIONAL FLAG AND THE NATIONAL
EMBLEM OF THE PEOPLE’S REPUBLIC OF CHINA
(Adopted at the 14th Meeting of the Standing Committee of the Seventh National
People’s Congress on June 28, 1990, promulgated by Order No.29 of the
President of the People’s Republic of China on June 28, 1990, and effective
as of June 28, 1990)
SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS REGARDING THE PUNISHMENT OF THE CRIME OF EXCAVATING AND ROBBING
SITES OF ANCIENT CULTURE OR ANCIENT TOMBS
(Adopted at the 20th Meeting of the Standing Committee of the Seventh National
People’s Congress on June 29, 1991, promulgated by Order No.48 of the
President of the People’s Republic of China on June 29, 1991, and effective
as of June 29, 1991)
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING
THE PUNISHMENT OF CRIMINALS ENGAGED IN AIRCRAFT HIJACKING
(Adopted at the 29th Meeting of the Standing Committee of the Seventh National
People’s Congress on December 28, 1992, promulgated by Order No. 67 of the
President of the People’s Republic of China on December 28, 1992, and
effective as of December 28, 1992)
SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS REGARDING PUNISHING CRIMES OF COUNTERFEITING REGISTERED TRADEMARKS
(Adopted at the 30th Meeting of the Standing Committee of the Seventh National
People’s Congress on February 22, 1993, promulgated by Order No. 70 of the
President of the People’s Republic of China on February 22, 1993 and effective
as of July 1, 1993)
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON
PUNISHMENT OF THE CRIMES OF PRODUCTION AND SALE OF FAKE OR SUBSTANDARD
COMMODITIES
(Adopted at the Second Meeting of the Standing Committee ofthe Eighth National
People’s Congress on July 2, 1993, promulgated by Order No.7 of the President
of the People’s Republic of China on July 2, 1993 and effective as of
September 1, 1993)
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON
PUNISHMENT OF THE CRIMES OF INFRINGING COPYRIGHT
(Adopted at the Eighth Meeting of the Standing Committee of the Eighth
National People’s Congress, promulgated by Order No.30 of the President of
the People’s Republic of China and effective as of July 5, 1994)
DECISION ON THE PUNISHMENT OF CRIMES VIOLATING THE COMPANY LAW
(Adopted at the 12th Meeting of the Standing Committee of the Eighth National
People’s Congress on February 28, 1995 and promulgated by Order No.41 of the
President of the People’s Republic of China on February 28, 1995)
Law of the People’s Republic of China on Economic Contracts Involving
Foreign Interest
(Adopted at the Tenth Session of the Standing Committee of the Sixth
National People’s Congress, promulgated by Order No. 22 of the President of
the People’s Republic of China on March 21, 1985)
Procedures of the PRC for the Registrartion and Administration of Chinese-Foreign Joint Ventures
(Promulgated by the State Council on and Effective as of July 26, 1980)
Article 1.
In accordance with the provisions of the Law of the People’s Republic of China on Chinese-Foreign Joint Ventures, these Procedures
are formulated in order to carry out the registration and administration of Chinese-foreign joint ventures and to safeguard their
lawful operations.
Article 2.
A Chinese-foreign joint venture that has been approved by the Foreign Investment Commission of the People’s Republic of China shall,
within one month after approval, register with the General Administration for Industry and Commerce of the People’s Republic of China.
The General Administration for Industry and Commerce of the People’s Republic of China shall authorize the administrative bureaus
for industry and commerce of the provinces, autonomous regions and municipalities directly under the central authority to handle
registration procedures for Chinese-foreign joint ventures within the areas under their jurisdiction, and business license shall
be issued after examination and approval by the General Administration for Industry and Commerce of the People’s Republic of China.
Article 3.
A Chinese-foreign joint venture that applies for registration shall present the following documents:
(1) The document of approval issued by the Foreign Investment Commission of the People’s Republic of China;
(2) Three copies each of the Chinese and foreign language texts of the joint venture agreement and contract signed by the parties
to the joint venture and its articles of association; and
(3) A copy of the business license or other documents issued by the competent department of the government of the country (or region)
from which the foreign joint venturer(s) come.
Article 4.
When a Chinese-foreign joint venture applies for registration, it shall fill out three copies each of a registration form in Chinese
and a foreign language. The main items of registration shall be: the name of the venture, the address, the scope of production and
operation, the form of production and operation, the registered capital and the proportion to be provided by each party to the joint
venture, the chairman and vice- chairman of the board of directors, the president and vice-presidents or the factory manager and
deputy factory managers, the number and date of the document of approval, the total number of staff and workers and the number of
staff and workers of foreign nationality.
Article 5.
From the date it is issued its business license, a Chinese-foreign joint venture shall be regarded as formally established, and its
legitimate production and operation activities shall be protected by the laws of the People’s Republic of China.
Unregistered enterprises shall not be permitted to go into operation.
Article 6.
A Chinese-foreign joint venture shall, upon presenting its business license, open an account with the Bank of China or a bank approved
by the Bank of China and register with the local tax authorities for the payment of taxes.
Article 7.
When a Chinese-foreign joint venture desires to move to a new site, change its line of production, increase, decrease of assign the
registered capital or extend the contract period, it shall, within one month after approval by the Foreign Investment Commission
of the People’s Republic of China go through procedures for registering the changes with the administrative bureau for industry and
commerce of the province, autonomous region or municipality directly under the central authority where it is located.
When there are changes in other registered items, they shall be reported in writing at the end of the year to the administrative bureau
for industry and commerce of the province, autonomous region or municipality directly under the central authority where the joint
venture is located.
Article 8.
When a Chinese-foreign joint venture registers or modifies its registration, it shall pay a registration fee or a fee for modification
of registration, the amount of which shall be stipulated by the General Administration for Industry and Commerce of the People’s
Republic of China.
Article 9.
A Chinese-foreign joint venture, upon the expiration of the contract period or upon termination of the contract before the date of
expiration, shall go through procedures for nullifying its registration by presenting the document of approval, issued by the Foreign
Investment Commission of the People’s Republic of China, to the administrative bureau for industry and commerce of the province,
autonomous region or municipalities directly under the central authority where it is located and, after examination and approval
by the General Administration for Industry and Commerce of the People’s Republic of China, hand in its business license for cancellation.
Article 10.
The General Administration for Industry and Commerce of the People’s Republic of China and the administrative bureaus for industry
and commerce of the provinces, autonomous regions and municipalities directly under the central authority have the right to supervise
and inspect the Chinese-foreign joint ventures within the area under their jurisdiction. Violators of these Procedures shall be given
a warning or a fine in accordance with the seriousness of each case.
Article 11.
These Procedures shall go into effect on the day they are promulgated.
(The English translations are for reference only)
|
|
