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INTERIM REGULATIONS CONCERNING NOTARIZATION

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


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

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

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

Chapter I  General Provisions

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

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

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

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

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

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

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

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

    (5) to give a testimonial to family relationship;

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

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

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

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

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

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

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

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

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

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

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

    The subordinative relationship does not exist between notary offices.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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






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

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

(Adopted at the Fifth Session of the Fifth National People’s Congress and promulgated for implementation by the proclamation
of the National People’s Congress on December 10, 1982) 

Contents 

Chapter  I  Sessions of the National People’s Congress 

Chapter II  The Standing Committee of the National People’s Congress 

Chapter III The Committees of the National People’s Congress 

Chapter IV  Deputies to the National People’s Congress 

Chapter I 

Sessions of the National People’s Congress 

Article 1 Sessions of the National People’s Congress shall be convened in accordance with the relevant provisions of the Constitution
of the People’s Republic of China. 

The first session of each National People’s Congress shall be convened by the Standing Committee of the previous National People’s
Congress within two months of the election of deputies to the current National People’s Congress. 

Article 2 A month before the convening of a session of the National People’s Congress, its Standing Committee shall notify the deputies
of the date of the session and of the main items on the proposed agenda. 

The provisions of the preceding paragraph shall not apply to specially convened sessions of the National People’s Congress. 

Article 3 After deputies to the National People’s Congress have been elected, their credentials shall be examined by the Credentials
Committee of the Standing Committee of the National People’s Congress. 

Based on the reports submitted by the Credentials Committee, the Standing Committee of the National People’s Congress shall affirm
the qualifications of deputies or invalidate the election of individual deputies, and shall publish the list of affirmed deputies
prior to the first session of each National People’s Congress. 

Deputies to the National People’s Congress who are elected through by-elections shall have their credentials examined in accordance
with the provisions of the preceding paragraphs. 

Article 4 Deputies to the National People’s Congress shall be grouped into delegations based on the units that elect them. Each delegation
shall elect a head and deputy-heads. 

Before each session of the National People’s Congress is convened, the delegations shall discuss matters concerning preparations
for the session put forward by the Standing Committee of the National People’s Congress. During the session, the delegations shall
deliberate on the bills and proposals submitted to the Congress, and the heads of delegations or representatives chosen by them may
express, on behalf of those delegations, opinions on the bills and proposals at meetings of the Presidium or at plenary meetings
of the session. 

Article 5 Before each  session of the National People’s Congress, a preparatory meeting shall be held to elect a Presidium and
a Secretary-General for the session, adopt an agenda for that session and make decisions on other preparatory work. 

The preparatory meeting shall be presided over by the Standing Committee of the National People’s Congress. The preparatory meeting
of the first session of each National People’s Congress shall be conducted by the Standing Committee of the previous National People’s
Congress. 

Article 6 The Presidium shall preside over the sessions of the National People’s Congress. 

The Presidium shall elect some of its members to rotate as executive chairmen of the sessions. 

Standing chairmen shall be elected by the Presidium to convene and preside over meetings of the Presidium. 

Article 7 For each session, the National People’s Congress shall set up a secretariat which shall work under the direction of the
Secretary-General. 

Each session of the National People’s Congress shall install several Deputy Secretaries-General, whose choice shall be decided on
by the Presidium. 

Article 8 Members of the State Council, members of the Central Military Commission, the President of the Supreme People’s Court and
the Procurator-General of the Supreme People’s Procuratorate may attend meetings of the National People’s Congress but without voting
rights. By decision of the Presidium, responsible officers of other State organs and public organizations may also attend meetings
of the National People’s Congress without voting rights. 

Article 9 The Presidium, the Standing Committee and the special committees of the National People’s Congress, the State Council,
the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate may submit to the National People’s
Congress bills or proposals that fall within the scope of its functions and powers. The Presidium shall decide whether to refer the
bills  or proposals to the various delegations  or  to  the  delegations  and  relevant 
special  committees  for deliberation. The result of the deliberations shall then be reported to the Presidium which may,
after its own deliberation and decision, put the bills or proposals to a vote at a plenary meeting. 

Article 10 A delegation or a group of thirty or more deputies may submit to the National People’s Congress bills or proposals that
fall within the scope of its functions and powers. The Presidium may decide whether or not to put the bills or proposals on the agenda
of the Congress, or it may refer the bills or proposals to the relevant special committees for deliberation and, after receiving
their opinions, decide whether or not to put the bills or proposals on the agenda of the Congress. 

Article 11 Deliberation on a bill or proposal submitted to the National People’s Congress shall terminate upon the request of its
sponsor for its withdrawal before it is put to a vote in the Congress. 

Article 12 Sessions of the National People’s Congress shall adopt bills amending the Constitution, legislative bills and other bills
in accordance with the relevant provisions of the Constitution of the People’s Republic of China. 

Article 13 Candidates for Chairman, Vice-Chairmen, Secretary-General and other members of the Standing Committee of the National
People’s Congress, President and Vice-President of the People’s Republic of China, Chairman of the Central Military Commission, President
of the Supreme People’s Court and Procurator-General of the Supreme People’s Procuratorate shall be nominated by the Presidium which,
after consultation among the various delegations, shall decide upon a formal list of candidates, based on the opinion of the majority
of deputies. 

Article 14 The Premier and other members of the State Council and members of the Central Military Commission other than its Chairman
shall be nominated in accordance with the relevant provisions of the Constitution. 

Article 15 Proposals for the removal from office of a member of the Standing Committee of the National People’s Congress, the President
or Vice-President of the People’s Republic of China, a member of the State Council or the Central Military Commission, the President
of the Supreme People’s Court or the Procurator-General of the Supreme People’s Procuratorate may be submitted by three or more delegations
or at least one-tenth of the number of deputies to the National People’s Congress. The Presidium shall then put the proposal before
the Congress for deliberation. 

Article 16 During a session of the National People’s Congress, a delegation or a group of thirty or more deputies may address written
questions to the State Council and the ministries and commissions under the State Council. The Presidium shall decide whether to
refer the questions to the organs concerned for written replies or to ask the leaders of those organs to give oral replies at meetings
of the Presidium, the relevant special committees or the relevant delegations.  If the replies are to be given at meetings of
the Presidium or special committees, the head of the delegation or of the group of deputies who addressed the questions may also
attend the meetings to express their opinions. 

Article 17 During deliberation on a bill or proposal in the National People’s Congress, deputies may address inquiries to the relevant
State organs, and those organs shall send their representatives to give explanations at group meetings of the deputies or at delegation
meetings. 

Article 18 At sessions of the National People’s Congress, elections may be conducted and bills may be passed by secret ballot, by
a show of hands or by any other form as decided by the Presidium. 

Article 19 When the National People’s Congress is in session, deputies from the minority nationalities shall be provided with the
necessary facilities for interpretation. 

Article 20 Sessions of the National People’s Congress shall be open to the public; when necessary, closed sessions may be held by
decision of a meeting of the Presidium and the heads of all the delegations. 

Article 21 The proposals, criticisms and opinions put forward by deputies to the National People’s Congress or its Standing Committee
concerning any sphere of work shall be referred by the office of the Standing Committee to the relevant agencies or organizations
for study, handling and a responsible answer. 

Chapter II 

The Standing Committee of 

the National People’s Congress 

Article 22 The Standing Committee of the National People’s Congress shall exercise the functions and powers prescribed in the Constitution
of the People’s Republic of China. 

Article 23 The Standing Committee of the National People’s Congress shall be composed of the following personnel: 

the Chairman; 

the Vice-Chairmen; 

the Secretary-General; and  

other members. 

Members of the Standing Committee shall be elected by the National People’s Congress from among its deputies. 

A member of the Standing Committee may not hold office in the administrative, judicial or procuratorial organs of the State. If he
expects to hold such an office, he must first resign from his post in the Standing Committee. 

Article 24 The Chairman of the Standing Committee shall preside over meetings of the Standing Committee and direct its work. The
Vice-Chairmen and the Secretary-General shall assist the Chairman in his work. When entrusted by the Chairman, a Vice-Chairman may
exercise certain functions and powers of the Chairman. 

Should the Chairman of the Standing Committee be incapacitated for work for reasons of health or should his office fall vacant, the
Standing Committee shall choose one of the Vice-Chairmen to exercise the functions of the Chairman until the Chairman’s recovery
or until a new Chairman is elected by the National People’s Congress. 

Article 25 A Council of the Chairman composed of the Standing Committee’s Chairman, Vice-Chairmen and Secretary-General shall handle
the important day-to-day work of the Standing Committee, which shall consist of the following: 

(1) to decide on the time for each meeting of the Standing Committee and draft the agenda of the meeting; 

(2) to decide whether the bills, proposals and questions submitted to the Standing Committee should be referred to the relevant special
committees or submitted to a general meeting of the Standing Committee for deliberation; 

(3) to direct and coordinate the day-to-day work of the special committees; and 

   (4) to handle the other important day-to-day work of the Standing Committee. 

Article 26 The Standing Committee shall establish a Deputies Credentials Committee. 

The chairman, vice-chairmen and members of the Deputies Credentials Committee shall be nominated by the Council of the Chairman from
among the members of the Standing Committee, and the nominees shall be approved at a meeting of the Standing Committee. 

Article 27 The Standing Committee shall establish a general office which shall work under the direction of the Secretary-General. 

The Standing Committee shall install Deputy Secretaries-General, whom it shall appoint or remove upon recommendation by the Chairman
of the Standing Committee. 

Article 28 When necessary, the Standing Committee may establish working commissions. 

The chairman, vice-chairmen and members of the working commissions shall be appointed or removed by the Standing Committee upon recommendation
by its Chairman. 

Article 29 Meetings of the Standing Committee, usually held once every other month, shall be called by its Chairman.  

Article 30 When the Standing Committee is in session, the standing committees of the people’s congresses of the provinces, autonomous
regions, and municipalities directly under the Central Government may each send a chairman or vice-chairman to attend the meetings
and express their opinions. 

Article 31 The legislative bills and other bills brought before the Standing Committee for deliberation shall be adopted by a simple
majority vote of all its members. 

Article 32 The special committees of the National People’s Congress, the State Council, the Central Military Commission, the Supreme
People’s Court and the Supreme People’s Procuratorate may submit to the Standing Committee bills and proposals that fall within the
scope of its functions and powers. The Council of the Chairman shall decide whether to directly submit the bills and proposals to
a meeting of the Standing Committee for deliberation or to first refer them to the relevant special committees and after receiving
the reports on their deliberations then submit the bills and proposals to the Standing Committee for deliberation. 

Bills and proposals that fall within the scope of the functions and powers of the Standing Committee may be submitted to the Standing
Committee by ten or more members of the Standing Committee. The Council of the Chairman shall decide whether to directly submit the
bills to a meeting of the Standing Committee for deliberation or to first submit them to the relevant special committees and after
receiving the reports on their deliberations then submit the bills to the Standing Committee for deliberation. 

Article 33 During a session of the Standing Committee, a group of ten or more members of the Committee may submit to the Standing
Committee written questions addressed to the State Council and the ministries and commissions under the State Council. The Council
of the Chairman shall decide whether to refer the questions to the organs concerned for written replies or to request the heads of
those agencies to give oral replies at meetings of the Standing Committee or the relevant special committees. When replies are to
be given at meetings of the special committees, the members of the Standing Committee who submitted the questions may attend and
express their opinions. 

Article 34 During each session of the National People’s Congress, the Standing Committee must make a report on its work to the National
People’s Congress. 

Chapter III 

The Committees of the National 

People’s Congress 

Article 35 The National People’s Congress shall establish a Nationalities Committee, a Law Committee, a Finance and Economic Committee,
an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such other
special committees as may be deemed necessary by the National People’s Congress. The special committees shall be under the direction
of the National People’s Congress, and of its Standing Committee when the Congress is not in session. 

Each special committee shall be composed of a chairman, vice-chairmen and members. 

Candidates for chairman, vice-chairman or member of such special committees shall be nominated from among the deputies by the Presidium
and shall be approved by the National People’s Congress.  When the National People’s Congress is not in session, its Standing
Committee may appoint additional members to the special committees, including a vice-chairman; the Council of the Chairman shall
make nominations for these appointments, which shall be subject to approval by a meeting of the Standing Committee. 

Article 36 The chairman of each special committee shall preside over meetings of the committee and direct its work. The vice-chairmen
shall assist the chairman in his work. 

The special committees may appoint a certain number of experts as advisers, if their work so requires. The advisers may attend special
committee meetings and express their opinions. 

The advisers shall be appointed or removed by the Standing Committee of the National People’s Congress. 

Article 37 The work of the special committees shall be as follows: 

(1) to deliberate on bills and proposals received from the Presidium or the Standing Committee of the National People’s Congress; 

(2) to submit to the Presidium or the Standing Committee of the National People’s Congress bills and proposals which are related
to the special committees and which fall within the scope of functions and powers of the National People’s Congress or its Standing
Committee; 

(3) to examine and submit reports on items received from the Standing Committee of the National People’s Congress which are considered
to be in contravention of the Constitution or other laws; such items include administrative regulations, decisions and orders issued
by the State Council; orders, instructions and regulations issued by the ministries and commissions under the State Council; regulations
and resolutions issued locally by the people’s congresses of the provinces, autonomous regions, and municipalities directly under
the Central Government and their standing committees; and decisions, orders and regulations issued by the people’s governments of
the provinces, autonomous regions, and municipalities directly under the Central Government; 

(4) to examine questions referred by the Presidium or the Standing Committee of the National People’s Congress, to hear the replies
given by the organs questioned and, when necessary, to submit reports to the Presidium or the Standing Committee of the National
People’s Congress; and 

(5) to investigate and propose solutions to issues which are related to the special committees and which fall within the scope of
functions and powers of the National People’s Congress or its Standing Committee. 

The Nationalities Committee may, in addition, conduct investigations and make proposals on how to strengthen unity among the nationalities;
it shall deliberate on the regulations on autonomy and separate regulations submitted by the autonomous regions to the Standing Committee
of the National People’s Congress for approval and shall report its deliberations to the Standing Committee of the National People’s
Congress. 

The Law Committee shall deliberate on all drafted laws submitted to the National People’s Congress or its Standing Committee; other
special committees shall send to the Law Committee their comments on the drafts which concern them. 

Article 38 The National People’s Congress and its Standing Committee may appoint committees for the investigation of specific issues.
The organization and work of the committees shall be decided by the National People’s Congress or its Standing Committee. 

Chapter IV 

Deputies to the National 

People’s Congress 

Article 39 The term of office of the deputies to each National People’s Congress shall be five years, beginning with its first session
and ending with the first session of the succeeding National People’s Congress. 

Article 40 Deputies to the National People’s Congress must observe the Constitution and other laws in an exemplary way, keep State
secrets and, in the course of production, other work and the public activities in which they take part, assist in the enforcement
of the Constitution and other laws. 

Article 41 Deputies to the National People’s Congress should maintain close contact with the units that elected them and with the
people.  They may attend, without voting rights, meetings of the people’s congresses of the units that elected them, so as to
heed and convey the opinions and demands of the people and work hard to serve them. 

Article 42 While deputies to the National People’s Congress attend meetings of the Congress or perform other duties required of them
as deputies, the State shall provide them with appropriate allowances and material facilities according to their actual needs. 

Article 43 No deputy to the National People’s Congress or member of its Standing Committee may be held legally liable for his speeches
or votes at various meetings of the National People’s Congress and its Standing Committee. 

Article 44 No deputy to the National People’s Congress may be arrested or placed on criminal trial without the consent of the Presidium
of the National People’s Congress or, when the National People’s Congress is not in session, of its Standing Committee. 

If a deputy to the National People’s Congress is caught in the act and detained, the public security organ which has detained him
shall immediately report the matter to the Presidium or the Standing Committee of the National People’s Congress. 

Article 45 Deputies to the National People’s Congress shall be subject to the supervision of the units that elected them. Such units
shall have the power to recall the deputies they elect. 

The recall of a deputy from the National People’s Congress shall require a simple majority vote of all the deputies of the unit that
elected him. 

If the people’s congress of a province, autonomous region, or municipality directly under the Central Government is not in session,
its standing committee may, with the approval of a simple majority of its members, recall individual deputies elected to the National
People’s Congress by its people’s congresses. 

Deputies being recalled may attend the meetings concerning their recall or submit written appeals to the meetings. 

Resolutions to recall deputies must be reported to the Standing Committee of the National People’s Congress for the record. 

Article 46 If the office of a deputy to the National People’s Congress falls vacant for some reason, the electoral unit which elected
him shall hold by-elections to fill the vacancy. Should the office of an individual deputy to the National People’s Congress fall
vacant when the people’s congress of his province, autonomous region, or municipality directly under the Central Government is not
in session, its standing committee may hold by-elections to fill the vacancy.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.






INTERIM REGULATIONS ON THE LICENCING SYSTEM FOR IMPORT COMMODITIES

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


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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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






CIRCULAR OF SUPREME PEOPLE’S COURT CONCERNING PRINTING AND DISTRIBUTION OF THE FORUM SUMMARY OF THE EIGHT PROVINCES AND MUNICIPALITIES’ COURTS CONCERNING THE SITUATION OF THE TRIAL OF CASES OF EMBEZZLEMENT, ACCEPTING BRIBES, AND SMUGGLING

Supreme People’s Court

Circular of Supreme People’s Court Concerning Printing and Distribution of the Forum Summary of the Eight Provinces and Municipalities’
Courts Concerning the Situation of the Trial of Cases of Embezzlement, Accepting Bribes, and Smuggling

December 31, 1987

The Higher People’s Courts of provinces, autonomous regions, and municipalities directly under the Central Government, and the Military
Courts of the PLA:

The Forum Summary of the Courts of the Eight Provinces and Municipalities Directly Under the Central Government Concerning the Situation
of the Trial of Cases in terms of Embezzlement, Accepting Bribes, and Smuggling is hereby distributed to you, and please earnestly
study and implement it in combination with the actual conditions of your district. At present, while combating serious economic crime
activities, you should pay attention to strengthening the investigations and studies into new situations and problems arising from
the deepened reform, and summarizing experiences in time to instruct the trial work, so as to serve better for safeguarding the socialist
modernization. Attachment:Forum Summary of the Courts of the Eight Provinces and Municipalities Concerning the Situation of the Trial of Cases of Embezzlement,
Accepting Bribes, and Smuggling

The Forum of the Courts of the Eight Provinces and Municipalities Directly Under the Central Government (Guangdong, Fujian, Zhejiang,
Sichuan, Liaoning, Beijing, Tianjin, and Shanghai, etc.) concerning the Situation of the Trial of Cases in terms of Embezzlement,
Accepting Bribes, and Smuggling, was held by this Court at Fangshan District, Beijing Municipality, on November 15, 1987. The participants
included vice-presidents and chief judges of the Higher Courts of the eight provinces and municipalities, who are in charge of criminal
trial work. The forum was presided over by the vice-president, Linzhun. And president Zheng Tianxiang as well as vice-president Ren
Jianxin attended parts of the discussion.

This conference is mainly to have an informal discussion about the new situation and problems arising from the present trial of cases
in terms of embezzlement, accepting bribes, and smuggling, and to exchange the experience of trial of economic crime cases. Meanwhile,
the Supplementary Provisions on Punishing the Crimes of Embezzlement and Bribery (Draft), and the Supplementary Provisions on Punishing
the Crimes of Smuggling (Draft), both of which were deliberated at the 23rd Session of the Standing Committee of the Sixth National
People’s Congress, have been discussed, and some revising suggestions have been put forward. Therefore, it was regarded as a fruitful
conference.

It is viewed at the conference that, since the Work Conference of the National Courts on the Trial of Major and Serious Cases was
held in July, 1986, courts at all levels, as they kept severely combating serious criminal offenders, starting from handling major
and serious cases, have tried a batch of economic crime cases, as a result, some criminals destroying the economic seriously have
been punished severely according to law, which has played a strong safeguarding role in the advancement of the economic system reform
and open policy along the socialist track. Practice has proved that the combating of People’s Courts over serious economic criminals
is powerful over the past year, and both the quality of the case-handling and the social effect are good.

I.

The conference has made an overall analysis with regard to the situation of the struggle against economic crimes at present.

1.

According to statistics, from January to October this year, the nationwide People’s Courts at all levels have accepted 47, 929 economic
crime cases, which dropped by 25.7%, compared with the same period of last year’s 64,539. Seeing from the situation of the eight
provinces and municipalities’ acceptance of cases of embezzlement, accepting bribes, and smuggling from January to October this year,
embezzlement cases dropped by 39.1% compared with the same period of last year; Cases of accepting bribes dropped by 46.7% compared
with the same period of last year; Cases of smuggling rose by 35.2% compared with the same period of last year. Comrades participating
in the conference believed that, the main reason for making an overall and deep analysis with regard to the situation under which
the amount of the economic crime cases accepted by the Courts dropped this year, has two respects: first, the work of combating economic
crimes was carried out severely last year, as a result, a large number of cases of embezzlement and accepting bribes occurring before
1984 and 1985, have been tried. Therefore, it is very natural that the amount of the accepted cases this year is less than that of
the last year. Second, the investigation and prosecution work of some institutions didn’t keep up with their adjusted tasks, so the
amount of the cases accepted by Courts reduced correspondingly. However, in fact, the present situation of economic crimes is very
complicated, more serious than the situation reflected by the existing statistics. Economic crimes in localities are still very serious,
and quite a few of serious economic criminals haven’t been punished yet. Comrades participating in this informal discussion believed
that, the present struggle against serious economic crimes of embezzlement, accepting bribes, smuggling etc., remains a very important
task.

2.

Although the quantity of embezzlement cases accepted by the Courts of the eight provinces and municipalities reduces this year, major
cases are increasing. The number of people who embezzled more than 30,000 yuan increases year by year: 15 people in 1983, 46 people
in 1984, 72 people in 1985, 254 people in 1986, 161 people from January to October, 1987. Although compared with the same period
of last year, the number drops to some extent this year, the number of people who embezzled more than 50,000 yuan rises by 7.4%,
and the number of people who embezzled more than 100,000 yuan rises by 17.4%. This shows that major embezzlement cases are increasing,
and the struggle against embezzlement is a serious problem.

3.

Seeing from the situation of the accepted cases this year, the cases of embezzlement and accepting bribes, in which the crimes are
committed in 1986 and 1987, account for a considerable proportion. According to the statistics from the five provinces and municipalities￿DBeijing,
Tianjin, Shanghai, Guangdong, Zhejiang (excluding Jiaxing City), from January to October 1987, 1292 embezzlement cases in all are
accepted, among which, 646 cases in which crimes are committed before 1985 account for 50%, 445 cases in which crimes are committed
in 1986 account for 34.4%, 201 cases in which crimes are committed in 1987 account for 15.6%; From January to October in 1987, 496
cases of accepting bribes in all are accepted, among which, 279 cases in which crimes are committed before 1985 account for 56.3%,
143 cases in which crimes are committed in 1986 account for 28.8%, 74 cases in which crimes are committed in 1987 account for 14.9%.
In 21 major cases of economic crimes accepted from January to October this year in Shanghai, 10 cases that took place in 1986 and
1987, account for 47.6%. This shows that, in spite of being severely combated in 1986, the situation of economic crimes remains serious
at present, therefore we should not adopt a casual attitude.

4.

Smuggling criminal activities of 3 provinces of Guangdong, Fujian, Zhejiang, which are in the coastal area are very serious. In recent
years, the smuggling case accepted by the Courts of the three provinces was 100 in 1985, it was 130 in 1986, and it was 138 from
January to October 1987. From the superficial phenomenon, the smuggling case accepted by Courts has increased year by year, but many
cases were not filed with the Court in fact. For example, Fujian Province has discovered more than 1600 smuggling cases from January
to February 1987, but only 5 of them filed with the Court, accounting for 0.3%; Shanghai has discovered more than 600 smuggling cases
from 1986 to October of 1987, however, no prosecution was conducted with the Court.

In smuggle crimes, the entity smuggling is very conspicuous, the number of which is large. For example, the Customs of Beijing has
discovered 4619 smuggling cases altogether from 1983 to the first half year of 1986, 34 of which are the entity smuggling, accounting
for 0.7%, but the cases in which the smuggling number is up to 351 million yuan, accounting for 98.7% of the total amount of smuggling
cases, 355,390,000 yuan. Among the smuggling cases discovered by Dalian Customs from 1983 to November 1987, all of the 58 cases in
which the smuggling number is above 30,000 yuan are entity smuggling. But few of these serious smuggling cases were filed with the
Court. This shows that, the problem of substituting the fine for the penalty hasn’t been settled in a very good manner.

5.

It is known that the administrations of foreign trade and economic cooperation, bank, building, industry and commerce, tax, etc. in
some provinces and municipalities have revealed some economic crime issues, some of which are quite serious.

II.

Five requirements concerning continuing to struggle against economic crimes in the future were put forward at the conference according
to the analysis on the present situation of economic crimes as well as new situation and problems.

1.

The longevity and complexity of combating serious economic crimes shall be fully realized. Comrade Xiaoping indicated a long time
ago that, how long reform goes on depends on how long combating economic crimes goes on. After the 13th National People’s Congress,
our task is to accelerate and deepen reform. In the course of reform, we will face a lot of new problems. Some illegal persons will
take advantage of reform to seek loopholes of our imperfect systems and administration, in addition, the decadent ideology of the
capitalist class will corrode us, therefore new economic crime activities will occur constantly, and the struggle remains fierce.
Under such circumstances, the People’s Court shall continue to adopt the policy of punishing strictly the criminals who destroy economic
seriously in accordance with law and without any relaxation and kindness.

2.

The guiding ideology of the trial of economic criminal cases should be further defined. The Report of the 13th National People’s Congress
indicates that, whether or not it is favorable to develop the productivity should become the starting point from which we consider
issues, and the basic standard by which we check all the work. It also indicates that, with the goal of common prosperity, part of
the people are encouraged to become rich first through honest labor and lawful operations, and that those who seek exorbitant profits
by illegal means shall be subject to severe sanction according to laws. These shall become the guideline of our trial of economic
crime cases.

3.

Major and serious cases shall be well handled continually. Since the Working Conference on the Trial of Major and Serious Cases of
Nationwide Courts held last year, localities at all levels have handled a batch of major and serious cases severely, some tough cases
have been handled which makes a good social effect. Practice has proved that, the method of getting involved ahead of time and break-through
made in key areas with regard to some major and serious cases, is effectual. In the future, break-through shall be made by catching
major and serious cases so as to promote the development of struggle against serious economic crimes.

4.

The ideological guideline of seeking truth from facts shall be adhered to, and the crime shall be strictly distinguished from non-crime.

(1)

In recent years, there appear enterprises operating in form of contract and lease, and enterprises affiliated to collectives as an
individual, whose nature sometimes is difficult to distinguish. When trying embezzlement cases arising from these enterprises, the
first thing should be done is to define the enterprise’ nature–whether it is collective or individual, or it is collective in name,
but individual in essence. Secondly, it shall be defined whether public property is misappropriated or property belonging to individuals
in fact is occupied. In recent years, owing to lax examination during the enterprise registration in some places, the Business Licenses
obtained by some enterprises cannot reflect truthfully their ownership nature, which causes difficulties to the judicial authorities
in trying some criminal cases. On December 18,1987, the State Administration for Industry and Commerce, in the Notice concerning
the Handling of the Problem that Individual Enterprises, Enterprises Operating in Partnership and Private Enterprises Have Obtained
the Business Licenses of Collective Enterprises, indicates explicitly that the Business License obtained by these enterprises can
not truthfully reflect their ownership nature. The administrative authority of industry and commerce shall, in accordance with relevant
provisions of General Principles of the Civil Law of the People’s Republic of China, and the Interim Regulations for the Administration
of Urban and Rural Individual Businesses, etc., rectify the enterprises which have obtained the Business Licenses of collective enterprises,
but in essence are individual enterprises, enterprises in partnership, and private enterprises. The People’s Courts, when trying
such kind of cases, shall adopt a deliberate attitude and make specific analysis on specific cases. For enterprises which have obtained
the Business Licenses of collective enterprises, but in essence are individual enterprises, as long as the contractor, or the lessee,
or the operator affiliated to a collective enterprise indeed get rich through hard-work, operate lawfully, has fulfilled the obligations
as contracted, has paid tax payments pursuant to provisions, and has paid wages and bonus, despite that he has made a big fortune,
or because of his suspicion of policies, he has occupied property in fact belonging to himself by certain means of concealment or
practicing fraud, he shall not be convicted of embezzlement offence. For enterprises which are indeed collective, if the contractor,
the lessee, or other personnel entrusted to engage in public service thereof constituted a crime, he shall be investigated as an
embezzlement offence for criminal responsibility.

(2)

Where some cadres, in foreign economic and trade activities, accept bribes from foreign businessmen or businessmen from Hong Kong
or Macao, thus causing serious losses to the State’s property, they shall be investigated and dealt with severely pursuant to law.
Where foreign businessmen or businessmen from Hong Kong or Macao, in light of trade practice, give the State’s functionary brokerage
or commissions in economic and trade activities, the State’s functionary shall hand in the brokerage or commissions concerned. If
they fail to do so and constitute a crime, they shall be investigated for criminal responsibility for the offence of accepting bribes.
However, as far as foreign businessmen and businessmen from Hong Kong and Macao are concerned, if they failed to obtain illegal interests,
generally they shall not be dealt with as offenders of offering bribes. It is unanimously believed that it is favorable for them
to continue to carry out economic and trade activities with us.

(3)

In recent years, it has been found out that some tax cadres, owing to having accepted bribes, collude with individual businesses or
other entities by giving them counsel for tax evasion. Those who enforce law but violate law shall be punished severely pursuant
to law and be punished in light of not only the amount of bribes they accepted, but also the losses they caused to the State.

(4)

In order to enforce law seriously, where enterprises, institutions, government departments, and public organizations smuggle, which
involves a large amount and constitutes a crime, as long as facts are clear and evidences are authentic, the persons directly in
charge and the other persons directly responsible shall be investigated for criminal responsibility pursuant to law, and entities
concerned shall be punished with a fine, and a confiscation of the smuggled goods, articles, transportation equipments for smuggling
and illegal incomes. In order to protect the State’s interests, we shall absolutely not substitute fine for punishment

(5)

When trying cases of serious economic crimes, attention shall be paid to correctly applying such accessory penalties as confiscating
property, fine pursuant to law.

5.

Study shall be strengthened. Our ideology shall keep up with the development of subjective situations. Court’s staff members should
study the documents of the 13th National Congress seriously, make a good understanding on the spiritual essence of the documents,
and study the policies and reality of reforming and opening. With the further development of the reform and opening to the outside
world, some new laws and regulations will be formulated successively. Therefore, we shall be organized to study them in time, and
correctly apply them to the trial practice, so as to meet the needs of the changing situation, and provide better service for socialist
economic construction and four modernizations.



 
Supreme People’s Court
1987-12-31

 






RULES FOR THE IMPLEMENTATION OF THE TRADEMARK LAW

Category  INTELLECTUAL PROPERTY RIGHT Organ of Promulgation  The State Council Status of Effect  With An Amendment Existing
Date of Promulgation  1988-01-13 Effective Date  1988-01-13  


Rules for the Implementation of the Trademark  Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II  Application for Trademark Registration
Chapter III  Examination of Trademark Registration
Chapter IV  Change, Assignment and Renewal of and Determination of
Chapter V  Administrative Control of the Use of Trademark
Chapter VI  Protection of the Right to Exclusive Use of a Registered
Chapter VII  Supplementary Provisions

(Approved by the State Council for amendments on January 3, 1988,

promulgated by the State Administration for Industry and Commerce on
January 13, 1988) (Editor’s Note: For the revised text, see Rules for
Implementation of the Trademark Law of the People’s Republic of China
promulgated on July 28, 1993)
Chapter I  General Provisions

    Article 1  These Rules are formulated in accordance with the provisions of
Article 42 of the Trademark Law of the People’s Republic of China (hereinafter
referred to as the “Trademark Law”).

    Article 2  An applicant for trademark registration must be an enterprise
or a self-employed industrialist or businessman that is registered in
accordance with the law and capable of independently undertaking civil
responsibilities and an institution having qualification of a legal person, or
a foreigner or foreign enterprise referred to in Article 9 of the Trademark
Law.

    Article 3  Any application for trademark registration, assignment of
registration, renewal of registration, change of name or address of the
registrant, replacement of certificate of trademark registration or other
related matters shall be examined and transmitted by a local administrative
department for industry and commerce above the county level of the place where
the applicant is located (hereinafter referred to as the “department for
examination and transmission”) or handled by an agency designated by the State
Administration for Industry and Commerce.

    Where a foreigner or foreign enterprise is to apply for trademark
registration in China or to deal with other trademark matters in China, the
application or matters shall be handled by an agency designated by the State
Administration for Industry and Commerce.

    Article 4  A fee must be paid according to relevant stipulations for an
application for trademark registration, assignment of registration, renewal of
registration, change of name or address of the registrant, replacement of
certificate of trademark registration, examination and other related matters.

    Article 5  The Trademark Office under the State Administration for
Industry and Commerce (hereinafter referred to as “the Trademark Office”)
shall establish and maintain the “Trademark Register” which shall record
registered trademarks and relevant registration matters.

    The Trademark Office shall edit and issue the “Trademark Gazette” which
shall announce trademark registrations and other related matters.

    Article 6  The names of administrative divisions above the county level
(county names included) and those of wellknown foreign localities may not be
used as trademarks.

    Those trademarks already registered and approved under the names mentioned
above shall continue to be valid.

    Article 7  Registered trademarks must be used on pharmaceuticals for human
use and tobacco products which have been prescribed by the State and
established by the State Administration for Industry and Commerce.

    The other goods on which registered trademarks are to be used according to
state prescriptions shall be published by the State Administration for
Industry and Commerce.

    Article 8  The State Administration for Industry and Commerce shall set up
the Trademark Review and Adjudication Board, which shall make final decisions
and rulings on matters submitted for reexamination in accordance with the
provisions of Articles 21,22,27 and 35 of the Trademark Law and of Article 23
of these Rules.
Chapter II  Application for Trademark Registration

    Article 9  A trademark registration shall be applied for separately
according to the class of goods as specified in the table for the
classification of goods. For each trademark registration, the applicant shall
submit to the Trademark Office an Application Form for Trademark Registration,
10 specimens of the trademark (in case of a specifically colored trademark
the specimens submitted must be coloured accordingly) and one copy of its
design in black and white.

    The specimens of the trademark must be clear, easy to stick and printed on
durable paper with a smooth finish or in form of photos. Their length or width
shall be no more than 10 centimetres and no less than 5 centimetres.

    Article 10  An application form for trademark registration and related
papers shall be filled out or written in pen and ink or writing brush and ink
or typed. The writing or typing shall be neat and clear.

    The name, stamp or seal of the applicant for trademark registration shall
be the same as those approved or registered. The reported goods shall not go
beyond the approved or registered scope of business. The designation of the
goods shall be filled in according to the table for the classification of
goods; if not listed in the tables, a description of the goods must be
attached.

    Article 11  In applying for trademark registration on pharmaceuticals for
human use, the license for Enterprises of Pharmaceutical Production or the
Licence for Enterprises of Pharmaceutical Management issued by the
administrative department for public health shall be attached to the
application.

    In applying for trademark registration on cigarettes, cigars or packed cut
tobacco, papers certifying production approval by the competent authorities
for tobacco of the State shall be attached to the application.

    In applying for trademark registration on other goods on which registered
trademarks are to be used according to the relevant state prescriptions,
papers certifying approval by the relevant competent departments shall be
attached to the applications.

    Article 12  The date of application for registration of a trademark shall
be the date of the receipt of the application form and related papers by the
Trademark Office. If the applicant has gone through all the necessary
application procedures and has filled out the application form and related
papers in accordance with the relevant stipulations, the application form
shall be numbered. If the applicant fails to go through the necessary
procedures and to fill out the application form and related papers in
accordance with relevant stipulations, the application form shall be returned
to the applicant, and no date of application shall be reserved.

    Article 13  If two or more applicants apply on the same day for
registration of the identical or a similar trademark for the same or similar
goods, they shall furnish, within a specified period notified by the Trademark
Office, proof of the dates on which they started using their respective
trademarks. If their use started on the same date, or none is yet in use,
the applicants shall settle the matter by consultations. If no agreement is
reached after 30 days of consultations, the Trademark Office shall determine
the matter.

    Article 14  In applying for trademark registration or handling other
trademark matters, a foreigner or foreign enterprises shall use the Chinese
language and issue a power of attorney for his(its) agent. The power of
attorney shall specify the scope of powers of the agent and the nationality of
the applicant.

    Procedures of notarization and authentication for power of attorney and
relevant certificates shall be completed in light of the principle of
reciprocity. Chinese translations shall be attached to the application form
filled out and related papers written in foreign languages.

    Article 15  The Trademark Office may entertain claims for priority in the
application for trademark registration. Specific procedures shall be followed,
as prescribed and promulgated by the State Administration for Industry and
Commerce.
Chapter III  Examination of Trademark Registration

    Article 16  The Trademark Office shall examine the applications which have
been numbered. A trademark that has been given preliminary examination and
approval shall be published in the Trademark Gazette. For a rejected
application, a written notification of rejection shall be issued to the
applicant, and a copy thereof sent to the department for examination and
transmission.

    Article 17  When a trademark application is rejected, the applicant may,
within 15 days after receiving the notification of rejection, send an
Application Form for Reexamination of Rejected Trademarks to the Trademark
Review and Adjudication Board to apply for a reexamination, with the original
Application Form for Trademark Registration, 10 specimens of the original
trademark, one copy of its design in black and white and the notification of
rejection attached as enclosure. A copy of the Application Form for
Reexamination shall also be sent to the department for examination and
transmission. The Trademark Review and Adjudication Board shall make a final
decision and notify the applicant in writing and a copy of the notification
shall also be sent to the department for examination and transmission. The
trademark which ought to be given preliminary examination and approval as a
result of the final decision shall be transferred to the Trademark Office for
handling.

    Article 18  In filing an opposition against a trademark that has been
given preliminary examination and approval and has been publicly announced by
the Trademark Office, the opponent shall send in duplicate a Trademark
Opposition Form to the Trademark Office. The Trademark Opposition Form shall
specify the issue number of the Trademark Gazette in which the opposed
trademark was announced, its page number as well as the number of the
preliminary examination and approval. The Trademark Office shall send the
Trademark Opposition Form to the applicant, who shall give a reply within a
specified period, and the Trademark Office shall determine the matter
according to the facts and reasons stated by the parties concerned. If no
reply is given within the time limit, the Trademark Office shall make a
decision on the matter.

    The Trademark Office shall notify, the parties concerned of the decision
made on the trademark opposition, and a copy of the notification shall be sent
to the department for examination and transmission.

    Article 19  If a party disagrees with the decision made by the Trademark
Office on the trademark opposition it may, within 15 days after receiving
notification of the decision, send in duplicate the Application Form for
Reexamination of Trademark Opposition to the Trademark Review and Adjudication
Board to apply for reexamination, and a copy of the Form must be sent to the
department for examination and transmission.

    The Trademark Review and Adjudication Board shall make a final decision,
notify the parties concerned in writing, send a copy of the notification to
the department, for examination and transmission and transfer the matter to
the Trademark Office.
Chapter IV  Change, Assignment and Renewal of and Determination of
Disputes over Registrated Trademarks

    Article 20  In applying for change of the name of a registrant, the
applicant shall file, for each trademark registered, an Application Form for
Change of Name of Registrant of a Registered Trademark and a Certificate of
Change of Name of Registrant with the Trademark Office and the original
Certificate of Trademark Registration shall be turned in therewith. After
examination and approval by the Trademark Office, the original Certificate of
Trademark Registration shall be returned with due notation, and the change
shall be announced publicly.

    In applying for change of the address of a registrant or other registered
matters, the applicant shall file, for each trademark registered, an
Application Form for Change of Address of Registrant of a Registered
Trademark or an Application Form for Change of Other Registered Matters, and a
Certificate of Change of Address of Registrant or a Certificate of Change of
Other Registered Matters with the Trademark Office, and the original
Certificate of Trademark Registration shall be turned in therewith. After
examination and approval by the Trademark Office, the original Certificate
of Trademark Registration shall be returned with due notation, and the change
shall be announced publicly.

    In applying for change of the name or address of a registrant, the
registrant shall go through the above formalities simultaneously for all its
(his) registered trademarks.

    Article 21  In applying for the assignment of registered trademarks, the
assignor shall file, for each registered trademark to be assigned, an
Application Form for Assignment of Registered Trademark with the Trademark
Office and the original Certificate of Trademark Registration shall be turned
in therewith. The matter shall be examined and transmitted by the department
for examination and transmission at the place where the assignee is located.
The assignee shall meet the requirements provided for in Article 2 of these
Rules. After examination and approval by the Trademark Office, the original
Certificate of Trademark Registration shall be given to the assignee with due
notation, and the assignment shall be publicly announced.

    In applying for the assignment of registered trademarks, the registrant
shall go through the above formalities simultaneously for all its (his)
identical or similar trademarks registered for the same or similar goods. When
the trademarks of the goods provided for in Article 7 of these Rules are to be
assigned, the assignee shall present the certificates issued by the competent
departments in accordance with the provisions of Article 11 of these Rules.

    Article 22  In applying for the renewal of trademark registration, the
applicant shall submit, for each trademark registered, an Application Form for
Renewal of Trademark Registration and five specimens of the trademark to the
Trademark Office, and the original Certificate of Trademark Registration shall
be turned in therewith. After examination and approval by the Trademark
Office, the original Certificate of Trademark Registration shall be returned
with due notation, and the renewal shall be publicly announced.

    Article 23  If a registrant disagrees with the rejection by the Trademark
Office of its (his) application for assignment or renewal, the registrant may,
within 15 days after receiving notification of rejection, send an Application
Form for Reexamination of Rejected Assignment or Application Form for
Reexamination of Rejected Renewal to the Trademark Review and Adjudication
Board for reexamination, with the original Application form for Assignment
of Registered Trademark or Application Form for Renewal of Trademark
Registration and the notification of rejection attached as enclosure.

    The Trademark Review and Adjudication Board shall make a final decision
and notify the registrant in writing and a copy of the notification shall be
sent to the department for examination and transmission. If the application
for registration assignment or renewal ought to be given examination and
approval as a result of the final decision, the matter shall be transferred to
the Trademark Office for handling.

    Article 24  If a registrant raises a dispute over a trademark that has
already been registered under the name of another registrant, the disputant
shall, within one year from the day the trademark was announced in the
Trademark Gazette, file in duplicate an Application Form for a Ruling of
Dispute over Trademarks with the Trademark Review and Adjudication Board for a
ruling.

    If a registered trademark in dispute is revoked as a result of the final
ruling of the Trademark Review and Adjudication Board, the Trademark Office
shall take over the matter, publicly announce the revocation and send a copy
of the notification of ruling to the department for examination and
transmission. The original registrant of the revoked trademarks shall, within
15 days after receiving the notification of the final ruling on the dispute,
surrender the original Certificate of Trademark Registration of the local
department for examination and transmission to be sent back to the Trademark
Office.

    Article 25  Any person may file an Application Form for the Final Ruling
Revoking an Inappropriately Registered Trademark with the Trademark Review
and Adjudication Board for a final ruling. The clause shall not include those
trademarks which were once in dispute but have been upheld by the ruling.

    If a trademark is thereby revoked by the final ruling of the Trademark
Review and Adjudication Board, the Trademark Office shall take over the
matter, publicly announce the revocation and send a copy of the notification
or ruling to the original department for examination and transmission. The
original registrant shall, within 15 days after receiving notification of the
final ruling on revocation, surrender the original Certificate of Trademark
Registration to the local department for examination and transmission to be
sent back to the Trademark Office.
Chapter V  Administrative Control of the Use of Trademark

    Article 26  A registered trademark shall be used with the indication in
characters “*” or with the mark * or *. If it is not convenient for a
commodity to bear such indication or mark, its packing or description and
its other attachments shall be so marked.(*: the Chinese form, for which,
see <FOREIGN-RELATED MATTERS>>, China Legal System Publishing House, July, 1991,
page 1181, Volume II — The Editor)

    Article 27  An application for replacement is required for a lost or
mutilated Certificate of Trademark Registration. The applicant shall file an
Application Form for Replacement of Certificate of Trademark Registration,
together with five specimens of the trademark, with the Trademark Office. In
case of the loss of a Certificate of Trademark Registration, it is necessary
to have a loss announcement carried in a newspaper at or above the provincial
level and a copy of the newspaper shall be sent to the Trademark Office. In
case of mutilation, the mutilated Certificate of Trademark Registration shall
be sent back to the Trademark Office.

    Article 28  In the event of any of the acts concerning the use of a
registered trademark as specified in Paragraphs (1), (2) and (3) of Article 30
of the Trademark Law, the administrative department for industry and commerce
shall order the registrant to rectify the situation within a specified period.
If the registrant refuses to rectify the situation, the local administrative
department for industry and commerce shall report the matter to the Trademark
Office for revocation of the registered trademark in question.

    Article 29  In the event of the act specified in Paragraph (4) of Article
30 of the Trademark Law, any person may apply to the Trademark Office for the
revocation of the registered trademark in question. The Trademark Office shall
notify the registrant and order the latter to afford proof of use within a
specified period. If no proof is afforded within the time limit or the proof
produced is invalid, the Trademark Office shall revoke the registered
trademark in question.

    The use of a trademark mentioned above implies also its use for
advertisement or exhibition.

    Article 30  An application for registration of a trademark to be used on
the same or similar goods and which is identical or similar to the trademark
revoked according to the provisions Article 29 of these Rules shall not be
restricted by the provisions of Article 32 of the Trademark Law.

    Article 31  In the event of any of the acts specified in Article 31 and
Paragraph (3) of Article 34 of the Trademark Law, the relevant administrative
department for industry and commerce shall order the registrant to rectify the
situation within a specified period. If the circumstances are serious, self-
examination shall be ordered, a notice on the case shall be circulated and a
fine of not more than 20% of the illegal volume of business or not more than
two times that of the illegal gains shall be imposed. Poisonous, harmful and
useless goods shall be destroyed, and the registered trademark used thereon
shall be revoked in accordance with the provisions of the Trademark Law.

    Article 32  In the event of any of the acts specified in Paragraphs (1)
and (2) of Article 34 of the Trademark Law and Article 6 of these Rules, the
relevant administrative department for industry and commerce shall prohibit the
advertising publicity, seal up or seize the remaining presentations of the
trademark, and order rectification of the situation within a specified period.
A notice on the case may be circulated, or a fine of not more than 20% of the
illegal volume of business may be imposed in addition, in accordance with
the circumstances.

    Article 33  In the event of a violation of the provisions of Article 5 of
the Trademark Law, the relevant administrative department of industry and
commerce shall prohibit the sale of the goods on the market, stop the
advertising publicity, seal up or seize the representations of the trademark,
and may, in accordance with the circumstances, impose concurrently a fine of
not more than 10% of the illegal volume of business.

    Article 34  No one shall be allowed to illegally manufacture, sell or buy
trademark representations. In the event of a violation of the above provisions,
the relevant administrative department for industry and commerce shall stop
the manufacturing or the sale, seize the trademark representations and may,
depending on circumstances, impose concurrently a fine of not more than 20%
of the illegal volume of business. In case where a registrant sells its own
trademark representations, the Trademark Office may revoke its registered
trademark. However, if the case is an infringement of the right to exclusive
use of a registered trademark, it shall be dealt with in accordance with the
provisions of Article 43 of these Rules.

    Article 35  If a registrant authorizes another person to use its
registered trademark, a trademark licensing contract must be concluded.

    The licensor shall, within a specified period, submit copies of the
trademark licensing contract to the local administrative department for
industry and commerce at the county level, which shall in turn transmit a copy
of the contract to the Trademark Office for the record.

    In the event of a violation of the above provisions, the relevant
administrative department for industry and commerce shall order the licensor
to rectify the situation within a specified period. In case of a refusal to
rectify the situation, the administrative department for industry and commerce
in the place where the licensor is located shall report the matter to the
Trademark Office for revocation of the licensor’s registered trademark and
seize the trademark representations.

    Article 36  If a registrant authorizes another person to use its registered
trademark, the licensee must meet the requirements provided for in Article 2
of these Rules.

    If a registrant authorizes another person to use the trademarks for those
goods listed in Article 7 of these Rules, the licensee’s due certification
issued by the relevant departments in accordance with the provisions of
Article 11 of these Rules shall be attached to the submitted copy of the
trademark licensing contract.

    Article 37  The Trademark Office shall notify the registrant in writing
if the decision is to revoke the registered trademark in accordance with the
provisions of Articles 30 and 31 of the Trademark Law and Articles 34 and 35
of these Rules, and a copy of the notification shall be sent to the original
department for examination and transmission. The latter shall recall the
Certificate of Trademark Registration and send it back to the Trademark Office.

    The Trademark Office shall publicly announce the revocation or
cancellation of the trademark.

    Article 38  In the event a registrant applies for the cancellation of its
registered trademark, an Application Form for Cancellation of Trademarks shall
be filed with the Trademark Office and the original Certificate of Trademark
Registration be returned.

    Article 39  If a registrant is not satisfied with the decision of the
Trademark Office to revoke its registered trademark, it shall, within 15 days
after receiving notification of revocation, file an Application Form for
Reexamination of Registered Trademark Revocation with the Trademark Review and
Adjudication Board for reexamination.

    The Trademark Review and Adjudication Board shall make a final decision
and notify the registrant in writing, and a copy of the notification shall be
sent to the original department for examination and transmission. If the
original revocation decision is cancelled as a result of the final decision,
the matter shall be transferred to the Trademark Office for handling.

    Article 40  If a party is not satisfied with a decision (that on
revocation of a registered trademark excepted) made by an administrative
department for industry and commerce in accordance with the provisions of
Articles 31,32,33,34 and 35 of these Rules, it may, within 15 days after
receiving the relevant notification, appeal to the administrative department
for industry and commerce at the next higher level for reexamination. The
administrative department for industry and commerce at the next higher level
shall make a decision after reexamination within 45 days after the receipt of
the appeal. If the party is not satisfied with the decision made after
reexamination concerning the fine party is not satisfied with the decision
made after reexamination concerning the fine made by the department at the
next higher level in accordance with the provisions of Articles 31,32,33 and
34 of these Rules, it may bring a suit in a people’s court within 15 days
after receiving notification of decision. If at the expiration of such a
period, the party has neither complied with the decision nor applied for
reexamination or brought a lawsuit, the relevant administrative department for
industry and commerce shall request the people’s court for enforced execution.
Chapter VI  Protection of the Right to Exclusive Use of a Registered
Trademark

    Article 41  Any of the following acts shall be an infringement of the
right to exclusive use of a registered trademark referred to in Paragraph (3)
of Article 38 of the Trademark Law:

    (1) marketing goods in a way infringing upon another person’s right to
exclusive use of a registered trademark;

    (2) using words and designs which are identical or similar to another
person’s registered trademark as the designation or decoration on the same
kind of goods or similar goods, and which may sufficiently mislead the public.

    (3) intentionally providing facilities for storage, transport, mailing or
concealing in favour of an infringement of another person’s right to exclusive
use of a registered trademark.

    Article 42  Where the right to exclusive use of a registered trademark is
infringed, any person may lodge a charge of the infringement with or report

REGULATIONS OF FINANCIAL INSTITUTIONS ON SPOT AND FORWARD FOREIGN CURRENCY TRANSACTIONS ON BEHALF OF CLIENTS

THE STATE COUNCIL’S OFFICIAL REPLY CONCERNING THE RENAMING OF THE FOREIGN ECONOMIC AND TRADE ARBITRATION COMMISSION AS THE CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION AND THE AMENDMENT OF ITS ARBITRATION RULES

REGULATIONS CONCERNING THE HYGIENE SUPERVISION OVER COSMETICS

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-11-13 Effective Date  1990-01-01  


Regulations Concerning the Hygiene Supervision Over Cosmetics

Chapter I  General Provisions
Chapter II  Hygiene Supervision over the Production of Cosmetics
Chapter III  Hygiene Supervision over Cosmetics Sales
Chapter IV  The Organ for Hygiene Supervision over Cosmetics and Its
Chapter V  Penalty Provisions
Chapter VI  Supplementary Provisions

(Approved by the State Council on September 26, 1989, and issued by

Decree No. 3 of the Ministry of Public Health on November 13, 1989)
Chapter I  General Provisions

    Article 1  These Regulations are formulated to strengthen hygiene
supervision over cosmetics so as to ensure hygiene quality and safety use of
cosmetics and to safeguard the consumers’ health.

    Article 2  The term “Cosmetics” referred to in these Regulations means
those daily used chemical products applied on the surface of any part of the
human body (such as skin, hair, nails and lips) by way of smearing, spraying
or other similar methods to keep the body clean, to get rid of undesirable
smell, to protect the skin, to make up the face and to increase the beauty of
the appearence.

    Article 3  The State shall enforce hygiene supervision over cosmetics. The
health administrative department under the State Council is in charge of the
nationwide hygiene supervisory work on cosmetics while the health
administration departments at or above county government level are in charge
of the hygiene supervisory work on cosmetics within their respective
jurisdiction.

    Article 4  All units or persons who are engaged in the production and
business of cosmetics must abide by these Regulations.
Chapter II  Hygiene Supervision over the Production of Cosmetics

    Article 5  The State shall exercise hygiene supervision over the
enterprises engaged in the production of cosmetics by means of Hygiene License
system. Hygiene License for the Production Enterprise of Cosmetics shall be
approved and issued by the hygiene administration department at the
provincial, autonomous regional or municipal (directly under the Central
Government) level.

    The term of validity of a Hygiene License for the Production Enterprise of
Cosmetics is four years and it must be verified after two years.

    No enterprise shall be allowed to engage in the production of cosmetics
without a Hygiene License.

    Article 6  A production enterprise of cosmetics must meet the following
hygiene requirements:

    (1) it must be built in a clean area and away from areas contaminated with
poisonous or other harmful matters at a certain distance as required by the
relevant hygiene regulations;

    (2) the production building must be strong and clean. The ceiling, walls
and floors inside the workshop must be built with smooth and glazed material.
The workshop must be well-lit and have necessary facilities and equipment to
kill rats and insects and to prevent them from causing harm to the products
and from multiplying;

    (3) it must have adequate depository for materials and finished products
and workshops of appropriate capacity for processing and packing purposes;

    (4) the workshops must be equipped with the necessary facilities to meet
the specific requirements of the products, and the technological process must
meet the hygiene standard;

    (5) it must have testing instruments and qualified technical personnel to
carry out microbiological test on its cosmetic products.

    Article 7  The staff and workers directly involved in the production of
cosmetics are required to have a physical check-up every year. Only those who
hold a health certificate shall be allowed to engage in the production.

    Any worker who suffers from ringworm of fingers, ringworm of finger-nails,
hand eczema, hand scale, effusive dermatosis, dysentery, typhoid, virus
hepatitis, and active tuberculosis shall not allowed to be directly engaged in
the production of cosmetics.

    Article 8  The materials and additives needed in the making of cosmetics
and the immediate containers and packing materials of cosmetics must meet the
State hygiene standards.

    Article 9  Before a new kind of material is used to make cosmetics, an
application must be made to the health administrative department under the
State Council for approval.

    “New kind of material” refers to natural or synthetic materials that are
used to make cosmetics for the first time in China.

    Article 10  The production of special cosmetics must be approved by the
health administrative department under the State Council. Only after an
approval document is obtained from this department can the factory start the
production.

    “Special Cosmetics” refer to those substance used for hair nourishment,
hair-dye, hair perm, hair removing, breast massage, deodorant, fading cream
and antisunburn lotion.

    Article 11  Before putting its cosmetic products onto the market, the
producer is required to conduct hygiene quality examination in accordance with
the Hygiene Standard for Cosmetics formulated by the State and mark the
qualified products. The products that are not examined or are not up to the
required hygiene standard are not allowed to be shipped out of the factory.

    Article 12  On the label of a cosmetic product, the name of the product,
the name of the producer and the serial number of the hygiene license for the
production enterprise must be clearly stated; on the smaller package or the
specification sheet, the date of production and expiry must be stated. In the
case of special cosmetic products, the approval document number must also be
printed. In the case of cosmetics that may cause undesirable reactions,
warnings and instructions on the use of the product must be stated in the
specification sheet. No indications, curative effect and medical terms are
allowed to be written on the label, on the inner packing or on the
specification sheet of cosmetic products.
Chapter III  Hygiene Supervision over Cosmetics Sales

    Article 13  No unit or person in the cosmetics business shall be allowed
to sell cosmetics of the following kinds:

    (1) the cosmetics produced by an enterprise without a Hygiene License for
the Production Enterprise of Cosmetics;

    (2) the cosmetics without a quality tag;

    (3) the cosmetics of which the label, the smaller package or the
specification sheet does not conform to the rules stipulated in Article 12 of
these Regulations;

    (4) the special cosmetics without an approval document;

    (5) the cosmetics that has expired.

    Article 14  The following content shall not be allowed to be included in
cosmetic advertising:

    (1) exaggerating the effectiveness of the cosmetic product through its
chosen name and the description of its production method, its properties and
efficacy;

    (2) giving a guarantee in the name of other people or giving a hint to
lure consumers into misunderstanding the efficacy of the product;

    (3) advertising the medical efficacy of the cosmetic product.

    Article 15  When a cosmetic product is imported for the first time, the
importing unit is required to submit to the health administrative department
under the State Council the relevant information such as the specifications,
the quality standard, and the method of testing, and a sample of that
cosmetics together with a production license issued by the official department
of the exporting country (or region). Only after an approval by the health
administrative department under the State Council is obtained can the
importing unit sign the import contract.

    Article 16  All imported cosmetics are subject to inspection by the State
Bureau of Import and Export Commodities Inspection. Only those qualified
cosmetics are allowed to be imported.

    Cosmetics imported in small quantity for personal use shall follow the
import formalities in accordance with Customs regulations.
Chapter IV  The Organ for Hygiene Supervision over Cosmetics and Its
Duties

    Article 17  The health administration departments at all govermnent levels
shall exercise hygiene supervision over cosmetics. They shall entrust an
inspection organ to carry out the specific hygiene supervisory work within
their jurisdiction.

    Article 18  The health administrative department under the State Council
shall invite research specialists and experts from medical units, production
enterprises and health administration organs to form an appraisal group for
the safety of cosmetics. They shall make appraisal of the safety of imported
cosmetics, special cosmetics and the new ingredients of cosmetics. Besides,
they make technical investigation in the hazardous results of cosmetics of
poor quality.

    Article 19  The health administration departments at all levels shall
appoint cosmetic hygiene supervisors to exercise hygiene supervision over
cosmetics. Cosmetics hygiene supervisors shall be selected by the health
administrative department under the State Council, at the provincial,
autonomous regional or municipal (directly under the Central Government) level
from among qualified hygiene personnel and shall be issued with badges and
identity cards.

    Article 20  When carrying out their duties, the cosmetic hygiene
supervisors are required to wear their badges and show their identity cards.
They must keep confidential the technical data presented by the production
enterprises.

    Article 21  Cosmetic hygiene supervisors are vested with the right to
conduct sample testing of the cosmetics of any production or business unit.
They may ask for information of cosmetic safety that is related to their
hygiene supervisory work. No unit shall refuse to provide or withhold the
facts, or to present false material.

    Article 22  The health administration departments, the cosmetic hygiene
supervisors or the hygiene supervision and inspection organs at all levels are
not allowed to have a hand in the production, sale or supervision of the
making of cosmetics in the form of technical consultancy, technical service
and under any other pretences.

    Article 23  If any medical treatment unit finds out any cases who suffer
from undesirable effect after using a certain cosmetics, it is required to
make a report to the local health administration department.
Chapter V  Penalty Provisions

    Article 24  If any production enterprise without a Hygiene License for the
Production Enterprise of Cosmetics is found to have made cosmetics without
authorization, it shall be ordered to stop production and its products and
illegal earnings shall be confiscated and a fine 3 to 5 times the illegal
profits shall be imposed on it.

    Article 25  If any production enterprise without holding an approval
document is found to have produced special cosmetics or have used prohibited
materials or any new ingredients that had not been previously approved, its
products and illegal earnings shall be confiscated and a fine 3 to 5 times
their illegal profits shall be imposed on it. It may be ordered to stop
production or to have its Hygiene License for the Production Enterprise
of Cosmetics revoked.

    Article 26  Those who import or sell imported cosmetics that have not been
approved or examined shall be punished by having their goods and illegal
earnings confiscated and by a fine 3 to 5 times their illegal profits.

    As for those enterprises holding an approval document for the production
of special cosmetics, if they violate these provisions and the case is serious
enough, their approval document shall be revoked.

    Article 27  Those who produce or sell any cosmetics that are not up to the
State Hygiene Standard for Cosmetics shall be punished by having their
products and illegal earnings confiscated and by a fine 3 to 5 times their
illegal profits.

    Article 28  If any production enterprise or business enterprise violates
other rules of these Regulations, they shall be given a warning and be ordered
to correct their wrong doings within a prescribed period of time; if the case
is serious enough, in the case of a production enterprise, it shall be ordered
to stop production or to have its Hygiene License for the Production
Enterprise of Cosmetics revoked; and, in the case of a business enterprise, it
shall be ordered to stop business, have its illegal earnings confiscated and
be punished by a fine 2 to 3 times their illegal profits.

    Article 29  Disciplinary sanctions for violation of these Regulations
shall be decided by the health administration departments at or above the
county level. Disciplinary sanctions for violation of Article 14 of these
Regulations shall be decided by the administration department for industry and
commerce.

    The punishment by revocation of the Hygiene License for the Production
Enterprise of Cosmetics shall be decided by the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Govemment) level. The punishment by revocation of the approval
document for the production of special cosmetics shall be decided by the
health administrative department under the State Council. The fine and
confiscation shall all be turned over to the State treasury and the products
confiscated shall be disposed under the supervision of the health
administration department.

    Article 30  If the party concerned does not accept the disciplinary
sanction imposed by the health administration department, it may appeal to the
health administration department at a higher level for a review of the case
within 15 days after receiving the notification of the sanction. The higher
health administration department is required to give a reply within 30 days.
If it is still not satisfied with the decision made by the health
administration at the higher level, it may bring a suit to the people’s court
within 15 days after receiving the notification of the reconsideration, but it
must carry out at once the order of the health administration department about
confiscation of their products and suspension of production. If upon the
expiration of this period, the party has neither applied for reconsideration
nor complied with the sanction, the health administration department may
request the people’s court to take enforcement at law.

    Article 31  In the case that the consumer is harmed physically or poisoned
as a result of violation of these Regulations, the production enterprise, the
business enterprise or the persons who are directly responsible for the
consequences must compensate for the loss. If the case has produced serious
consequences, the party responsible shall be prosecuted for criminal
responsibility by the judicial organs in accordance with the law.

    Article 32  Any cosmetic hygiene supervisor who abuses his power or
engages in malpractices for personal gains or discloses the technical data
provided by the enterprise shall be subject to disciplinary sanctions; and if
the case is serious enough to constitute a crime, he shall be prosecuted for
criminal responsibility according to law.
Chapter VI  Supplementary Provisions

    Article 33  Hygiene supervision work over the cosmetics produced and put
to sale on the market by any units in the People’s Liberation Army shall be
conducted in accordance with these Regulations.

    Article 34  The right to interpret these Regulations resides in the health
administration departrnent under the State Council and the rules for the
implementation of these Regulations shall be formulated by the health
administration department under the State Council.

    Article 35  These Regulations shall come into force as of January 1, 1990.





PROVISIONS FOR THE CONTROL OF BAND ACCOUNTS OPENED ABROAD BY ENTERPRISES WITH FOREIGN INVESTMENT

The State Administration of Foreign Exchange

Provisions for the Control of Band Accounts Opened Abroad by Enterprises with Foreign investment

March 1, 1989

Pursuant to the relevant stipulations of the “Rules for the Implementation of Foreign Exchange Control Relating to Enterprises with
Overseas Chinese Capital, Foreign-capital Enterprises and Chinese-foreign Equity Joint Ventures”, the following Provisions are enacted
to tighten control over the foreign exchange accounts opened abroad by enterprises with foreign investment:

Article 1

An enterprise with foreign investment (hereinafter referred to as “enterprise”) that wishes to open bank accounts abroad out of actual
business and operational needs shall apply for approval at the State Administration of Foreign Exchange (SAFE) or one of its branch
or sub-branch offices (hereafter referred to as “exchange control authorities”) where the enterprises is located; it may open such
accounts only after the application has been granted.

Article 2

As used in Article 1 , “actual business and operational needs” refer to one of the following cases:

1.

If an enterprise has regular receipts in small amounts abroad and needs to open bank accounts there to put these receipts together
before repatriating them to China;

2.

If an enterprise has regular disbursements in small amounts abroad-in this case, the receipts entered in the accounts shall consist
of remittances from China by the enterprise; or

3.

If an enterprise has to open bank accounts abroad out of special business requirements.

Article 3

In applying to the exchange control authorities for approval to open bank accounts abroad, an enterprise shall submit the following
documents:

1.

an application affixed by the enterprise’s official seal and signed by the legal representative of the enterprise or a person authorized
by its board of directors, stating the reason for opening bank accounts abroad, the specific currency involved, the sum of money,
the usage, the scope of receipts and disbursements, the using period, the bank with which the accounts are to be opened, and the
place where the bank is located;

2.

a certificate issued by a public accountant registered in China confirming that the enterprise’s capital has been fully paid up according
to the pertinent provisions;

3.

the document of approval issued by the competent authorities if the enterprise has set up a representative office with resident personnel
abroad; and

4.

the measures adopted by the enterprise to manage its bank accounts abroad.

Article 4

The enterprise shall open its accounts abroad with a bank in the country or region where its foreign exchange receipts and payments
mainly occur. Priority shall be given to Chinese-owned banks, if there is any there; a foreign bank with good credit standing may
also be chosen if there is special need for this.

Article 5

The enterprise shall maintain complete and effective control over its receipts and payments abroad and shall adopt effective managerial
measures to guarantee the safety of its funds.

Article 6

The enterprise must use its own name in opening bank accounts abroad and is not allowed to transfer its funds to the accounts of other
organizations or individuals.

Article 7

The exchange control authorities shall examine and determine the scope of receipts and disbursements to be covered by the enterprise’s
bank accounts abroad as well as the deposit ceilings and the using period of these accounts of the basis of the enterprise’s application.

Article 8

The enterprise that opens bank accounts abroad with the approval of the exchange control authorities shall submit to the said authorities,
within a month after the approval is given, a written statement certifying that the accounts have been opened; otherwise, the document
of approval from the said authorities will become invalid automatically.

Article 9

Within 30 days after the expiry of the using period of its bank accounts abroad, the enterprise must submit to the exchange control
authorities certificate confirming that these accounts have been cancelled, and must repatriate the balance to China, together with
a statement of account from the opening bank; in case the enterprise needs to extend the using period of its accounts abroad, it
must apply in writing to the exchange control authorities within 30 days before the expiry of the using period.

Article 10

The SAFE branch office that has approved an enterprise’s application to open bank accounts abroad shall submit the relevant data to
the SAFE for reference within 30 days of the approval.

Article 11

The enterprise shall submit photocopies of the opening bank’s statements, together with a statement of fund and its application, to
the exchange control authorities within 15 days after the end of each quarter.

Article 12

In accordance with the “Rules for the Implementation of Penalty of Offenses Against Exchange Control” and on the merit of each case,
the exchange control authorities may impose penalties on an enterprise and/ or revoke its bank accounts abroad in one of the following
cases:

1.

If the enterprise has exceeded the scope approved by the exchange control authorities in using its bank accounts abroad;

2.

If it has failed to submit on time the bank statements or other materials required by the exchange control authorities;

3.

If it has opened bank account abroad without authorization; or

4.

If it has violated these Provisions.

Article 13

The right to interpret these Provisions resides in the SAFE.

Article 14

These Provisions shall enter into force on March 1, 1989.



 
The State Administration of Foreign Exchange
1989-03-01

 






PROVISIONS OF THE CUSTOMS ON THE CONTROL OF LUGGAGE AND ARTICLES CARRIED BY CHINESE PERSONNEL ENTERING AND LEAVING THE COUNTRY

Category  CUSTOMS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-09-06 Effective Date  1989-09-10  


Provisions of the Customs on the Control of Luggage and Articles Carried by Chinese Personnel Entering and Leaving the Country

Provisions
Appendix:  Table of Restricted Quantities for Articles to Be Carried
Notes:

(Approved by the State Council on August 28, 1989 and promulgated by

the General Customs Administration on September 6, 1989)
Provisions

    Article 1  These Provisions are formulated in order to show consideration
for the reasonable needs of the personnel sent abroad by the State to work
or study (hereinafter referred to as “the personnel going abroad”), and to
strengthen the control of articles the importation of which is restricted by
the State.

    Article 2  The luggage and articles carried by the personnel entering
or leaving the country shall be restricted to those for personal use and
within reasonable quantities. The personnel going abroad, while entering the
country, shall be given the preferential treatment of exemption from duty
for the luggage and articles they carry along that belong to the varieties
and within the quantities stipulated in the Table of Restricted Quantities
for Articles to be Carried into the Country by the Personnel Going Abroad,
attached to these Provisions as an appendix (hereinafter referred to as “the
Table of Restricted Quantities”). The personnel going abroad, who have worked
or studied abroad, for every 6 months (i.e. 180 days), shall be permitted
to carry into the country duty-free two articles – one article each from
Category 4 and Category 5, as listed in the Table of Restricted Quantities;
the aforesaid personnel going abroad are permitted to enjoy the said
preferential treatment for four successive years at most. This time limit,
however, does not apply to the personnel sent abroad to carry out an
economic-aid program or to fulfil a labour contract. With respect to personnel
temporarily going abroad, who stay abroad for less than 6 months (i.e. 180
days), they.shall be permitted to carry into the country, after paying the
duty, two articles – one article each from Category 4 and Category 5, as
listed in the Table of Restricted Quantities, when they enter the country for
the first time in a year in terms of the Gregorian calendar.

    Article 3  The term “personnel going abroad on a long-term basis”, as
used in these Provisions, refers to such personnel who are sent out by the
State to work or study abroad for a period of more than one year. The term
“personnel sent abroad to carry out an economic-aid program” refers to such
personnel who are sent to work abroad on a long-term basis to carry out an
economic and technological aid program signed between two governments.

    The term “personnel sent abroad to fulfil a labour contract” refers to
such technical, engineering, and administrative personnel who are sent abroad,
holding ordinary passports issued to citizens going abroad on public
business, to fulfil a labour or construction contract, signed with foreign
businessmen by a company vested with the right to manage external contracting
and labour business with the approval of the State Council or of the Ministry
of Foreign Economic Relations and Trade. The term “personnel temporarily
going abroad” refers to various categories of personnel, who are sent,
temporarily, by the State to work abroad or study for a period of less than
one year.

    Article 4  With respect to personnel going abroad on a long-term basis,
the Customs shall issue to them Registration Certificate for Duty-free
Imported Articles” (hereinafter referred to as “the Registration
Certificate”). While entering the country, the personnel going abroad on a
long-term basis (including those who are exempted from inspection) shall
declare at the Customs by filling in the Registration Certificate the articles
they carry along, so that the Customs may give clearance after inspection
and verification. The Customs shall strictly control the scope of issuance
of the Registration Certificates.

    Article 5  In case the personnel going abroad on a long-term basis ask
other personnel going abroad to carry into the country articles under
Categories 4 and 5, as listed in the Table of Restricted Quantities, the
Customs shall give clearance after examining “Certification for Carrying
Articles by Entrustment” issued by a Chinese organ abroad and the Registration
Certificate of owners of the said articles, and the said articles shall be
counted in the restricted quantity of duty-free articles carried into the
country by the owners themselves. Articles that exceed the restricted quantity
are not permitted to be carried into the country by entrustment.

    Article 6  In case the personnel going abroad buy articles at a unit in
the country designated by the State to provide the personnel going abroad
with goods paid for in foreign exchange, they shall present their passports,
and the articles bought shall be counted in their restricted quantity of
duty-free articles.

    Article 7  In case the personnel going abroad use their own foreign
exchange earning to buy, for their work-unit, equipment and articles for
scientific research and teaching (not including such general household
electrical appliances as TV sets, tape recorders, etc.), such equipment and
articles shall be exempted from duty and the Customs shall give clearance
after it has examined and verified the certification issued by a government
organ at the department/bureau level or higher. Import duties shall be levied
on articles not belonging to the aforesaid categories in accordance with
the pertinent provisions.

    Article 8  The personnel going abroad must not accept articles to be
brought into or out of the country as entrusted by persons of foreign
nationalities, overseas Chinese, and compatriots from Hong Kong, Macao, and
Taiwan; neither shall they entrust the aforesaid people with the carrying
of articles into the country.

    Article 9  The personnel going abroad, while entering or leaving the
country, must not carry articles the import and export of which are forbidden
by the State.

    Article 10  The personnel going abroad shall comply with these Provisions
and other pertinent provisions, and go through the Customs procedures
conscientiously. In the event that they wish to sell their personal articles
which have been given Customs clearance duty-free, they shall sell them to a
State-run commercial department that is authorized by the State to handle
foreign goods.

    Article 11  Personnel who are approved to go to work in the regions of
Hong Kong and Macao shall go through the procedures also in accordance with
these Provisions when they carry articles into the country; but they must
not ask other people to carry; articles for them into the country.

    Article 12  These Provisions shall go into effect on September 10, 1989.

Appendix:  Table of Restricted Quantities for Articles to Be Carried
into the Country by the Personnel Going Abroad

    Table of Restricted Quantities for Articles to Be Carried into the Country
by the Personnel Going Abroad


————————————————————————-
|     Name of Articles               |            Quantity              |
|————————————|———————————-|
|1.Foodstuffs, dress materials,      |                                  |
|  garments, arts and crafts,        |                                  |
|  ordinary watches, and other       |                                  |
|  articles for daily use which      |   within reasonable quantities  
|
|  cost RMB 200 yuan or less         |                                  |
|  (including RMB 200 yuan)          |                                  |
|————————————|———————————-|
|2. Cigarettes                      
|       400 cigarettes             |
|  or cigars,                        |      
100 cigars                 |
|  or pipe tobacco                  
|       500 grams                  |
|————————————|———————————-|
|3.Alcoholic beverages:              | 2 bottles, each bottle
contains  |
|  with alcoholic content 12% or     | no more than 0.75 liter          |
|  higher                            |                                  |
|————————————|———————————-|
|4.TV sets, washing machines,        | Personnel going abroad: for every|
|  refrigerators, cameras, video     | 6 months (180 days), may choose  |
|  cassette recorders, stereo sound  | one of them, duty-free, and enjoy|
|  systems, radio and tape recorders,| this preferential treatment of   |
|  motorcycles,and articles for daily|duty-exemption for four successive|
|  use which cost between RMB 500-   | years at most. Personnel sent    |
|  1,000 (inclusive) yuan            | abroad to carry out an
economic  |
|                                    |
-aid program and personnel sent  |
|                                    |
abroad to fulfil a labour        |
|                                    |
contract: for every 6 months (180|
|                                    |
days), may choose one of them,   |
|                                    |
duty-free.                      
|
|                                    |
Temporary personnel going abroad:|
|                                    |
for less than 6 months, first    |
|                                    |
entry in every solar year, choose|
|                                    |
one and pay duty.                |
|————————————|———————————-|
|5.Ordinary electronic organs,       | Personnel going abroad: for every|
|  ordinary cameras, typewriters, and| 6 months (180 days), may choose  |
|  other articles for daily use which| one of them, duty-free, and enjoy|
| cost between RMB 200-5O0(inclusive)| this preferential treatment of   |
| yuan                              
|duty-exemption for four successive|
|                                    |
years at most. Personnel sent    |
|                                    |
abroad to carry out an economic  |
|                                    |
-aid program and personnel sent  |
|                                    |
abroad to fulfil a labour        |
|                                    |
contract: for every 6 months (180|
|                                    |
days), may choose one of them,   |
|                                    |
duty-free.                      
|
|                                    |
Temporary personnel going abroad:|
|                                    |
for less than 6 months, first    |
|                                    |
entry in every solar year, choose|
|                                    |
one and pay duty.                |
————————————————————————-



Notes:

    (1) The value of the aforesaid articles shall be appraised in accordance
with C.I.F.

    (2) None of the articles listed in Category 4 and Category 5 of this Table
shall be chosen a second time in the same year.

    (3) In case the temporary personnel are sent abroad many times, their
duration of stay abroad on different occasions shall not be added up to
obtain an accumulative total.





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