Facebook
Home China Laws Page 190

China Laws

PROVISIONS OF THE GENERAL ADMINISTRATION OF CUSTOMS AND THE MINISTRY OF FINANCE CONCERNING THE LEVY AND EXEMPTION OF CUSTOMS DUTIES AND CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX ON IMPORTS AND EXPORTS FOR THE CHINESE-FOREIGN COOPERATIVE EXPLOITATION OF OFFSHORE OIL

19820228the State Council

The General Administration of Customs, the Ministry of Finance

Provisions of the General Administration of Customs and the Ministry of Finance Concerning the Levy and Exemption of Customs Duties
and Consolidated Industrial and Commercial Tax on Imports and Exports for the Chinese-foreign Cooperative Exploitation of Offshore
Oil

(Approved on February 28, 1982 by the State Council, Promulgated on April 1, 1982 by the General Administration of Customs and the
Ministry of Finance)

In order to encourage Chinese-foreign cooperative exploitation of offshore oil, rules for the levy and exemption of customs duties
and the consolidated industrial and commercial tax on imports and exports for offshore oil exploitation are hereby drawn up as follows:

Article 1

The following imported goods shall be exempt from the duties and the tax:

(1)

machinery, equipment, spare parts and materials verified and approved for direct use in exploration.

(2)

machinery, equipment, spare parts and materials verified and approved as necessary imports for direct use in development, in accordance
with Article 19 to Article 21 of the “Regulations of the Republic of China on the Exploitation of Offshore Oil Resources in Cooperation
with foreign Enterprises.”

(3)

parts, components and materials verified and approved as necessary imports for manufacturing machinery and equipment in China for
the exploitation of offshore oil (including prospecting, well drilling, well cementing, well logging, mud logging, oil production,
work-over, etc.).

(4)

Machinery and other engineering equipment, temporarily imported for exploitation of oil and guaranteed to be re-exported by foreign
contractors, shall be oil and guaranteed to be reexported by foreign contractors, shall be exempt from the duties and the tax when
imported or re-exported.

Article 2

Crude oil received by foreign contractors in accordance with provisions of the oil contracts shall be exempt from export duties when
it is exported.

Article 3

Customs duties and consolidated industrial and commercial tax shall be levied on imports and exports beyond the scope specified in
Article 1 and Article 2 above according to the Customs Import and Export Tariff of the People’s Republic of China and the Regulations
of the Consolidated Industrial and Commercial Tax of the People’s Republic of China (Draft).

Article 4

All goods imported free of the duties and the tax shall not be used for other purposes without Custom’s approval. Breaching of these
rules shall be dealt with by the Customs in accordance with “The Interim Customs Law of the People’s Republic of China”.

Attachment:List of Imported Goods Exempt from the Duties and the Tax for the Chinese-foreign Cooperative Exploitation of Offshore Oil

I

Goods verified and approved as necessary imports for direct use in exploration:

A.

For geophysical exploration:

(1)

ships for geophysical exploration and accessory equipment thereof.

(2)

seismographs, components and accessories thereof, gravimeter and magnetometers and accessories thereof.

(3)

hydrophone streamers and accessory equipment thereof.

(4)

data processing computers and accessory equipment thereof.

(5)

seismic tapes.

(6)

on-land navigation and positioning equipment and accessory facilities thereof.

B.

For well drilling:

(1)

various offshore drilling installations, including jack-ups and semi-submersible drilling rigs, floating drilling ships and drilling
platforms as well as tender ships, working boats and service vessels.

(2)

drilling rigs, and components, accessories or fittings thereof.

(3)

well cementing equipment and auxiliary equipment, including cement mixer and feeding equipment.

(4)

well logging equipment and auxiliary equipment including electrical logging instruments, mud logging instruments, directional survey
instruments and other logging instruments.

(5)

production testing equipment, work-over equipment, and components or accessories thereof.

(6)

special tools for well drilling, including drilling bits, drill collars, drill pipes, deviation control tools, fishing tools and other
tools.

(7)

drilling mud treating equipment and chemicals.

(8)

materials used exclusively for oil wells, including tubing, casing, wellhead equipment and subsea equipment and tools.

(9)

oil well cements and various additives.

C.

For safety and lifesaving:

(1)

various kinds of equipment, spare parts and materials for blowout prevention.

(2)

various kinds of equipment and materials for fire prevention and fire fighting.

(3)

various kinds of equipment, accessories and tools for lifesaving.

(4)

special labor protection outfits for personnel working offshore.

(5)

equipment and materials for diving operations.

D.

For transportation and communications:

(1)

helicopters and facilities for helipad.

(2)

vessels for transportation, communications and convoy, and accessory equipment thereof.

(3)

various kinds of equipment and outfits for wire and radio communication.

E.

For fuels and oils:

Special fuels, lubricating oils and cooling fluids necessary for offshore oil operations.

II

Goods verified and approved as necessary imports for development, or, oil field construction:

A.

For oil production:

(1)

production platforms, including oil production platforms, oil-gas processing platforms, living platforms and flare platforms.

(2)

offshore oil loading facilities, including single-point mooring, single articulated leg mooring, oil storage vessels, under-water
oil storages and loading berths.

(3)

vessels for offshore construction operations.

(4)

power generating equipment and accessories thereof, including internal-combustion engines, steam turbines, gas turbines, steam engines,
generators and electric motors as well as controlling panels and related installation.

(5)

injection equipment and accessories thereof, including water and gas injection as well as facilities for water and gas treatment.

(6)

downhole packers and downhole blowout preventors.

(7)

cranes, lifting equipment and tools.

(8)

oil (gas) transportation equipment, line pipes, and valves and pipe fittings thereof, equipment for pumping and boosting stations
and onshore terminal, and valves and pipe fittings thereof, including various kinds of pumps, equipment for liquid separating, heat-exchanging,
purifying, and compressing, various kinds of measuring, monitoring and parameter indicating meters, and various kinds of valves and
pipe fittings thereof, various kinds of electric instruments and cables.

B.

For automation, remote controlling and telemetering:

(1)

various kinds of installation and meters.

(2)

air-conditioning equipment.

III

Parts, components and materials verified and approved as necessary imports for manufacturing equipment and machinery in China for
the exploitation of offshore oil.

IV

The importation of the above-mentioned goods shall be subject to the verification and approval of the Ministry of Petroleum Industry.



 
The General Administration of Customs, the Ministry of Finance
1982-04-01

 






RESOLUTION OF THE FIFTH SESSION OF THE FIFTH NATIONAL PEOPLE’S CONGRESS

Category  NATIONAL FLAG, NATIONAL EMBLEM, CAPITAL, NATIONAL ANTHEM AND NATIONAL DAY Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1982-12-04 Effective Date  1982-12-04  


Resolution of the Fifth Session of the Fifth National People’s Congress

on the National Anthem of the People’s Republic of China

(Adopted on December 4, 1982)

    The Fifth Session of the Fifth National People’s Congress resolves to
readopt the March of the Volunteers as the national anthem of the People’s
Republic of China and revoke the decision on the national anthem of the
People’s Republic of China adopted at the First Session of the current
National People’s Congress on March 5, 1978.





PROVISIONS FOR THE USE OF CURRENCY IN CONTRIBUTING TAXES TO THE STATE AND IN SETTLEMENT ON ACCOUNTS WITH ENTERPRISES OR INDIVIDUALS RESIDING IN CHINA BY CHINESE-FOREIGN EQUITY JOINT VENTURES

The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Finance, the People’s Bank of China

Provisions for the Use of Currency in Contributing Taxes to the State and in Settlement on Accounts with Enterprises or Individuals
Residing in China by Chinese-foreign Equity Joint Ventures

The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Finance, the People’s Bank of China

February 24, 1983

(Issued by the Ministry of Foreign Trade and Economic Cooperation, the Ministry of Finance, the People’s Bank of China on February
24, 1983)

In accordance with the pertinent stipulations laid down in the “Law of Chinese-foreign Equity Joint Ventures” and “Interim Regulations
for Control of Foreign Exchange”, the currency used by Chinese-foreign equity joint ventures (hereinafter referred to as joint ventures)
in contributing taxes to the State and in settlement on accounts with enterprises or individuals residing in China is stipulated
as follows:

Article 1

Joint ventures shall contribute taxes and pay legitimate fees in Renminbi in all cases. No governmental organizations should accept
foreign currency of foreign exchange certificate paid by joint ventures. These taxes and fees include:

(1)

import and export duty;

(2)

industrial and commercial tax (industrial and commercial consolidated tax);

(3)

enterprise income tax and local surtax, income tax on remitted profit of the foreign participant;

(4)

urban real estate tax;

(5)

enterprise site use fee;

(6)

enterprise registration fee or enterprise registration alteration fee;

(7)

commodity inspection fee;

(8)

vehicle or vessel license fee;

(9)

road toll, harbour due;

(10)

individual income tax of foreign employees working in joint ventures.

Article 2

Renminbi shall be used in the settlement on accounts between joint ventures and enterprises or individuals residing in China. No enterprises
or individuals should accept foreign currency or foreign exchange certificate paid by joint ventures. These include:

(1)

fees charged for water, electricity and heating;

(2)

fees charged for domestic telephone calls, telexes, telegrams and other cost on communications;

(3)

domestic communications and transportation fees (including vehicle, ship and aircraft), personal service and other services;

(4)

payments by joint ventures on raw materials, fuels (coal, oil, gas), auxiliary equipment and other needed commodities supplied by
enterprises or individuals residing in China;

(5)

charges on manufactured or semi-manufactured goods sold by joint ventures to enterprises or individuals residing in China.

Article 3

As circumstances alter, either Renminbi or foreign currency shall be used in the settlement on accounts between joint ventures and
banks, insurance companies and foreign trade corporations.

(1)

Should joint ventures borrow loans in Renminbi from Bank of China residing in China, the repayment of the loans and interest shall
be in Renminbi. While the loans are in foreign currency the repayment shall be in foreign currency accordingly.

(2)

The insurance appropriate the joint ventures shall be furnished by Chinese insurance companies. Should the property of joint ventures
is insured in foreign currency, the insurance premium shall be paid in foreign currency. Should the property is insured in Renminbi,
the insurance premium shall be in Renminbi. The Chinese insurance companies shall settle the claims according to the currency used
by joint ventures.

(3)

In accordance with the Categories of Export Commodities defined by the Ministry of Foreign Economic Relations and Trade, in their
purchase of the needed raw material, accessories, auxiliary equipment or other commodities from the foreign trade corporations or
other enterprises authorized to handle import and export business, joint ventures should be granted approval from the Ministry of
Foreign Economic Relations and Trade. The buyers and sellers may settle the price and payment of accounts in foreign currency through
consultations. The two sides may also calculate the price in foreign currency but arrange the payment in Renminbi; Should joint ventures
sell their manufactured or semi-manufactured goods subject to the approval by the foreign trade department in charge to the foreign
trade corporations or other enterprises authorized to handle import and export business, the two sides may either settle payment
of accounts in foreign currency or calculate the price in foreign currency but arrange the payment in Renminbi.

Joint ventures shall pay the freight rate in foreign currency to the General Administration of Civil Aviation of China, foreign trade
transportation corporations, Chinese ocean shipping companies or other enterprises approved to engage in business on transportation
of import and export commodities.

Article 4

Except the undertakings of tourist hotel projects using foreign funds, capital construction units residing in China shall contract
to build projects for joint ventures on the payment term of Renminbi.

With the exception of the aforesaid stipulations, it is impossible to enumerate all payment items in economic transactions between
the joint ventures and institutions, enterprises (including joint ventures, enterprises with overseas Chinese capital, enterprises
with foreign capital) and individuals residing in China. However the principle in general is that all transactions and payments of
accounts undertaken in China shall be paid in Renminbi except those subject to be examined and approved by the foreign exchange control
department. Joint ventures shall not pay foreign currency or foreign exchange certificate to the aforesaid establishments.

These stipulations are applicable to the Chinese-foreign contractual joint ventures, cooperative exploration projects and enterprises
established in China with overseas Chinese capital or foreign capital.

The four Special Economic Zones of Shenzhen, Zhuhai and Shantou in Guangdong Province and Xiamen in Fujian Province may, with the
reference of these regulations, formulate feasible provisions in the light of specific local conditions.



 
The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Finance, the People’s Bank of China
1983-02-24

 






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE REVISION OF THE ORGANIC LAW OF THE PEOPLE’S PROCURATORATES

Decision of the Standing Committee of the National People’s Congress on the Revision of the Organic Law of the People’s Procuratorates
of the PRC

    

(Effective Date 1983.09.02–Ineffective Date )

The Second Meeting of the Standing Committee of the Sixth National People’s Congress decides to make the following revisions on the
Organic Law of the People’s Procuratorates of the People’s Republic of China:

1. Paragraph 1 of Article 2 which reads, ” The People’s Republic of China shall establish the Supreme People’s Procuratorate, the
people’s procuratorates at various local levels and the special people’s procuratorates ” is amended as: ” The People’s Republic
of China shall establish the Supreme People’s Procuratorate, the people’s procuratorates at various local levels, military procuratorates
and other special people’s procuratorates.”

Paragraph 4 which reads: ” Special people’s procuratorates shall include: military procuratorates, railway transport procuratorates,
waterway transport procuratorates and other special procuratorates ” is deleted.

2. Paragraph 1 of Article 20 which reads, ” The Supreme People’s Procuratorate shall establish procuratorial departments in charge
of criminal, legal and disciplinary, prison and reformatory, and economic affairs, and may also establish other professional agencies
as needed ” and paragraph 2 which reads, ” People’s procuratorates at various local levels and special people’s procuratorates may
establish corresponding professional agencies ” are amended as: ” The Supreme People’s Procuratorate shall establish a number of
procuratorial departments and other professional agencies as needed. The people’s procuratorates at various local levels may respectively
establish corresponding procuratorial divisions, sections and other professional agencies.”

3. Paragraph 2 of Article 22 which reads, ” The appointment and removal of the chief procurators, deputy chief procurators and members
of the procuratorial committees of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under
the Central Government shall be reported to the Procurator-General of the Supreme People’s Procuratorate for submission to the Standing
Committee of the National People’s Congress for approval ” is amended as: ” The appointment and removal of the chief procurators
of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government shall be
reported to the Procurator-General of the Supreme People’s Procuratorate for submission to the Standing Committee of the National
People’s Congress for approval.”

4. Paragraph 2 of Article 23 which reads, ” The appointment and removal of the chief procurators, deputy chief procurators and members
of the procuratorial committees of the people’s procuratorates of autonomous prefectures, cities directly under the provincial governments,
counties, cities and municipal districts shall be reported to the chief procurators of the people’s procuratorates of provinces,
autonomous regions, and municipalities directly under the Central Government for submission to the standing committee of the people’s
congress at the corresponding level for approval is amended as: ” The appointment and removal of the chief procurators of the people’s
procuratorates of autonomous prefectures, cities directly under the provincial governments, counties, cities and municipal districts
shall be reported to the chief procurators of the people’s procuratorates at the next higher level for submission to the standing
committee of the people’s congress at the corresponding level for approval.”

APPENDIX:

ORGANIC LAW OF THE PEOPLE’S PROCURATORATES OF THE PEOPLE’S REPUBLIC OF CHINA

(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, and amended according to the Decision on the
Revision of the Organic Law of the People’s Procuratorates of the People’s Republic of China adopted at the Second Meeting of the
Standing Committee of the Sixth National People’s Congress on September 2, 1983)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II PROCEDURES FOR PEOPLE’S PROCURATORATES IN EXERCISING THEIR FUNCTIONS AND POWERS

CHAPTER III THE ORGANIZATIONAL STRUCTURE AND THE APPOINTMENT AND REMOVAL OF PERSONNEL OF PEOPLE’S PROCURATORATES

CHAPTER I GENERAL PROVISIONS

   Article 1. The people’s procuratorates of the People’s Republic of China are state organs for legal supervision.

   Article 2. The People’s Republic of China shall establish the Supreme People’s Procuratorate, the people’s procuratorates at various local
levels, military procuratorates and other special people’s procuratorates. (Amended on Sept. 2, 1983)

The people’s procuratorates at various local levels shall be divided into:

(1) people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government;

(2) branches of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government,
and people’s procuratorates of autonomous prefectures and cities directly under the provincial governments; and

(3) people’s procuratorates of counties, cities, autonomous counties and municipal districts.

People’s procuratorates at the provincial or county level may, according to work requirements and upon the approval of the standing
committee of the people’s congress at the corresponding level, set up people’s procuratorates as their agencies in industrial and
mining areas, agricultural reclamation areas, forest zones, etc. (A paragraph is deleted here on Sept. 2, 1983)

The establishment, organization and functions and powers of special people’s procuratorates shall be stipulated separately by the
Standing Committee of the National People’s Congress.

   Article 3. People’s procuratorates at all levels shall each have a chief procurator, a number of deputy chief procurators* and procurators.
The chief procurator exercises unified leadership over the work of the procuratorates.

* The leading officials of the Supreme People’s Procuratorate are the Procurator-General and Deputy Procurators-General.

People’s procuratorates at all levels shall each set up a procuratorial committee. The procuratorial committee shall apply the system
of democratic centralism and, under the direction of the chief procurator, hold discussions and make decisions on important cases
and other major issues. In the case of the chief procurator disagreeing with the majority’s opinion over a decision on an important
issue, the matter may be reported to the standing committee of the people’s congress at the corresponding level for final decision.

   Article 4. The people’s procuratorates shall, through exercising their procuratorial authority, suppress all treasonous activities, all activities
to dismember the state and other counterrevolutionary activities, and strike at counterrevolutionaries and other criminals, so as
to safeguard the unification of the country, the system of proletarian dictatorship and the socialist legal system; to maintain public
order and order in production, education, scientific research and other work, and in the life of the people; to protect the socialist
property owned by the whole people and by the collectives of the working masses, and the private property lawfully owned by citizens;
to protect the citizens’ rights of the person and their democratic and other rights; and to ensure the smooth progress of the socialist
modernization.

The people’s procuratorates, through procuratorial activities, educate the citizens to be loyal to their socialist motherland, to
consciously observe the Constitution and the laws and to actively fight against illegal activities.

   Article 5. People’s procuratorates at all levels shall exercise the following functions and powers:

(1) to exercise procuratorial authority over cases of treason, cases involving acts to dismember the state and other major criminal
cases severely impeding the unified enforcement of state policies, laws, decrees and administrative orders;

(2) to conduct investigations on criminal cases directly handled by themselves;

(3) to review cases investigated by public security organs and determine whether to approve arrest, to prosecute or to exempt from
prosecution; and to exercise supervision over the investigatory activities of public security organs, to determine whether they conform
to the law;

(4) to initiate public prosecutions on criminal cases and support such prosecutions; and to exercise supervision over the judicial
activities of people’s courts, to determine whether they conform to the law; and

(5) to exercise supervision over the execution of judgments and orders in criminal cases and over the activities of prisons, detention
houses and organs in charge of reform through labour, to determine whether such execution and activities conform to the law.

   Article 6. People’s procuratorates shall, in accordance with the law, protect the citizens right to lodge complaints against state functionaries
who break the law and shall investigate the legal responsibility of those persons who infringe upon other citizens’ right of the
person, and their democratic and other rights.

   Article 7. People’s procuratorates must, in executing their work, persistently seek truth from facts, follow the mass line, heed the opinions
of the masses and subject themselves to the supervision by the masses; make investigation and study, laying stress on evidence rather
than readily giving credence to oral statements, and strictly forbidding the obtainment of confessions by compulsion; and correctly
differentiate and handle contradictions between the enemy and the people, and those among the people themselves.

The functionaries of the people’s procuratorates at all levels must pay high regard to actual facts and the law, be faithful to the
socialist cause and serve the people wholeheartedly.

   Article 8. In the exercise of procuratorial authority by people’s procuratorates at all levels, the law shall be applied equally to all citizens,
and no privileges shall be allowed.

   Article 9. The people’s procuratorates shall exercise procuratorial authority independently, in accordance with the provisions of the law,
and shall not be subject to interference by any administrative organ, public organization or individual.

   Article 10. The Supreme People’s Procuratorate shall be responsible and report on its work to the National People’s Congress and its Standing
Committee. The people’s procuratorates at various local levels shall be responsible and report on their work to the people’s congresses
and their standing committees at corresponding levels.

The Supreme People’s Procuratorate shall direct the work of the people’s procuratorates at various local levels and of the special
people’s procuratorates; the people’s procuratorates at higher levels shall direct the work of those at lower levels.

CHAPTER II PROCEDURES FOR PEOPLE’S PROCURATORATES IN EXERCISING THEIR FUNCTIONS AND POWERS

   Article 11. If a people’s procuratorate finds and confirms that a criminal act has been committed, it shall place the case on file for investigation
in accordance with the procedure provided by law, or transfer it to a public security organ for investigation. If, upon conclusion
of the investigation, the people’s procuratorate deems it necessary to investigate criminal responsibility, it shall initiate a public
prosecution in the people’s court, or it shall rescind the case, if it deems it unnecessary to investigate criminal responsibility.

   Article 12. The arrest of any citizen, unless decided on by a people’s court, must be subject to the approval of a people’s procuratorate.

   Article 13. A people’s procuratorate shall review the cases for which a public security organ requests prosecution and decide whether to initiate
public prosecution, to exempt from prosecution or not to initiate prosecution. It may remand a case to the public security organ
for supplementary investigation, if the main facts of the crime are not clear or the evidence is insufficient.

If a people’s procuratorate discovers violations of the law in the investigatory activities of a public security organ, it shall instruct
that public security organ to rectify them.

   Article 14. If a public security organ considers that there is an error in a decision of a people’s procuratorate to disapprove arrest, not to
initiate prosecution or to grant exemption from prosecution on the cases transferred by it to the people’s procuratorate, it may
request reconsideration by the people’s procuratorate, and may also request review by the people’s procuratorate at the next higher
level. The higher-level people’s procuratorate shall make a timely decision and instruct the lower-level people’s procuratorate
and the public security organ to execute it.

   Article 15. In legal proceedings instituted by a people’s procuratorate, the chief procurator or a procurator shall attend the court session,
in the capacity of state prosecutor, to support the prosecution and exercise supervision over the court proceedings, and to determine
whether they conform to the law.

   Article 16. If a people’s court considers that the main facts of a crime are not clear or the evidence is insufficient or there are violations
of the law in a case in which the people’s procuratorate has initiated prosecution, it may remand the case to the people’s procuratorate
for supplementary investigation or notify it to make corrections.

   Article 17. If a local people’s procuratorate discovers any error in a judgment or order of a people’s court at the corresponding level in a
case of first instance, it shall lodge a protest in accordance with the procedure of appeal.

   Article 18. If the Supreme People’s Procuratorate discovers some definite error in a legally effective judgment or order of a people’s court
at any level, or if a people’s procuratorate at a higher level discovers some definite error in a legally effective judgment or order
of a people’s court at a lower level, it shall lodge a protest in accordance with procedures of judicial supervision.

People’s procuratorates must send personnel to appear in court when cases are heard, in accordance with procedures of judicial supervision.

   Article 19. If the people’s procuratorates discover violations of the law in the execution of judgments or orders in criminal cases, they shall
notify the executing organs to correct them.

If the people’s procuratorates discover violations of the law in the activities of prisons, detention houses or organs in charge of
reform through labour, they shall notify the organs responsible to correct them.

CHAPTER III THE ORGANIZATIONAL STRUCTURE AND THE APPOINTMENT AND REMOVAL OF PERSONNEL OF PEOPLE’S PROCURATORATES

   Article 20. The Supreme People’s Procuratorate shall establish a number of procuratorial departments and other professional agencies as needed.
The people’s procuratorates at various local levels may respectively establish corresponding procuratorial divisions, sections and
other professional agencies. (Amended on Sept. 2, 1983)

   Article 21. The Procurator-General of the Supreme People’s Procuratorate shall be elected and removed by the National People’s Congress.

The Deputy Procurators-General, members of the procuratorial committee and procurators of the Supreme People’s Procuratorate shall
be appointed and removed by the Standing Committee of the National People’s Congress upon the recommendation of the Procurator-General
of the Supreme People’s Procuratorate.

   Article 22. The chief procurators of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central
Government and their branches shall be elected and removed by the people’s congresses of provinces, autonomous regions, and municipalities
directly under the Central Government; the deputy chief procurators, members of procuratorial committees and procurators shall be
appointed and removed by the standing committees of the people’s congresses at corresponding levels upon the recommendation of the
chief procurators of the provinces, autonomous regions, and municipalities directly under the Central Government.

The appointment and removal of the chief procurators of the people’s procuratorates of provinces, autonomous regions, and municipalities
directly under the Central Government shall be reported to the Procurator-General of the Supreme People’s Procuratorate for submission
to the Standing Committee of the National People’s Congress for approval. (Amended on Sept. 2, 1983)

   Article 23. The chief procurators of people’s procuratorates of autonomous prefectures, cities directly under the provincial governments, counties,
cities and municipal districts shall be elected and removed by the people’s congresses at corresponding levels; the deputy chief
procurators, members of procuratorial committees and procurators shall be appointed and removed by the standing committees of the
people’s congresses at corresponding levels upon the recommendation of the chief procurators.

The appointment and removal of the chief procurators of the people’s procuratorates of autonomous prefectures, cities directly under
the provincial governments, counties, cities and municipal districts shall be reported to the chief procurators of the people’s procuratorates
at the next higher level for submission to the standing committee of the people’s congress at the corresponding level for approval.
(Amended on Sept. 2, 1983)

   Article 24. The chief procurators, deputy chief procurators, members of procuratorial committees and procurators of people’s procuratorates
set up in industrial and mining areas, agricultural reclamation areas and forest zones by people’s procuratorates at the provincial
or county level shall be appointed and removed by the standing committee of the people’s congress at the corresponding level upon
the recommendation of the chief procurators of the dispatching people’s procuratorates.

   Article 25. The term of office of the chief procurators of people’s procuratorates at all levels shall be the same as that of the people’s congresses
at corresponding levels.

   Article 26. The Standing Committee of the National People’s Congress and the standing committees of the people’s congresses of provinces, autonomous
regions, and municipalities directly under the Central Government may, upon proposals put forward by the Procurator-General and chief
procurators of people’s procuratorates at the corresponding level, replace the chief procurators, deputy chief procurators and members
of the procuratorial committees of people’s procuratorates at lower levels.

   Article 27. People’s procuratorates at all levels shall have a number of assistant procurators and clerks. With the approval of the chief procurator,
an assistant procurator may act in the function of a procurator. The clerks shall be responsible for keeping case records and other
related matters.

The assistant procurators and clerks shall be appointed and removed by the chief procurators of people’s procuratorates at all levels.

People’s procuratorates at all levels may install judicial police as needed.

   Article 28. The organizational structure and staff size of the people’s procuratorates at all levels shall be stipulated separately by the Supreme
People’s Procuratorate.

    





STATISTICS LAW

Statistics Law of the People’s Republic of China

    

CHAPTER I GENERAL PROVISIONS

CHAPTER II PLANS FOR STATISTICAL INVESTIGATIONS AND THE STATISTICAL SYSTEM

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

CHAPTER V LEGAL RESPONSIBILITY

CHAPTER VI SUPPLEMENTARY PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER II PLANS FOR STATISTICAL INVESTIGATIONS AND THE STATISTICAL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER III THE ADMINISTRATION AND PUBLICATION OF STATISTICAL DATA

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

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

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

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

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

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

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

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

CHAPTER IV STATISTICS INSTITUTIONS AND STATISTICIANS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   Article 23 Statistics institutions and statisticians shall have the power:

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

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

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

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

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

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

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

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

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

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

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

(2) falsifying or tampering with statistical data; or

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

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

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

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

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

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

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

CHAPTER VI SUPPLEMENTARY PROVISIONS

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

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

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

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

    





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

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

     (Effective Date:1984.06.01–Ineffective Date:)

CONTENTS

CHAPTER I GENERAL RULES

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

CHAPTER III SUPERVISION AND CONTROL OVER IMPORT AND EXPORT GOODS

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

CHAPTER V SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL RULES

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER III SUPERVISION AND CONTROL OVER IMPORT AND EXPORT GOODS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER V SUPPLEMENTARY PROVISIONS

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

(1) False declaration;

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

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

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

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

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

(7) Other infringements of Customs regulations and stipulations.

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

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

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

    





REGULATIONS FOR THE ADMINISTRATION OF AFFAIRS CONCERNING EXPERIMENTAL ANIMALS

Regulations for the Administration of Affairs Concerning Experimental Animals

     (Effective Date 1988.11.14)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II THE ADMINISTRATION OF THE FEEDING AND BREEDING

OF EXPERIMENTAL ANIMALS

CHAPTER III THE QUARANTINE OF EXPERIMENTAL ANIMALS AND THE

CONTROL OF THEIR INFECTIOUS DISEASES

CHAPTER IV THE UTILIZATION OF EXPERIMENTAL ANIMALS

CHAPTER V ADMINISTRATION OF THE IMPORT AND EXPORT OF

EXPERIMENTAL ANIMALS

CHAPTER VI PERSONNEL DEALING WITH EXPERIMENTAL ANIMALS

CHAPTER VII REWARDS AND PENALTIES

CHAPTER VIII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER IV THE UTILIZATION OF EXPERIMENTAL ANIMALS

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

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

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

(2) Its genetic background or its source;

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

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

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

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

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

CHAPTER V ADMINISTRATION OF THE IMPORT AND EXPORT OF EXPERIMENTAL ANIMALS

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

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

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

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

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

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

CHAPTER VI PERSONNEL DEALING WITH EXPERIMENTAL ANIMALS

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

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

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

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

CHAPTER VII REWARDS AND PENALTIES

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

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

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

CHAPTER VIII SUPPLEMENTARY PROVISIONS

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

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

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

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

    

Source:MOFTEC





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

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

The Ministry of Finance

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

The Ministry of Finance [1988] No.91

June 15, 1988

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

Article 1

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

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

1.

machinery manufacturing, electronic industry;

2.

metallurgy, chemical, building materials industry;

3.

light industrial products, textiles, packaging industry;

4.

medical instrument production, pharmaceutical industry;

5.

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

6.

building industry.

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

Article 2

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

Article 3

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

Article 4

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

Article 5

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

Article 6

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

Article 7

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

Article 8

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

Attachment:

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

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



 
The Ministry of Finance
1988-06-15

 






PROTECTION OF WILDLIFE

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

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

CHAPTER I GENERAL PROVISIONS

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

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

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

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

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

   Article 3 Wildlife resources shall be owned by the state.

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

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

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

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

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

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

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

CHAPTER II PROTECTION OF WILDLIFE

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

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

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

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

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

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

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

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

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

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

CHAPTER III ADMINISTRATION OF WILDLIFE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER IV LEGAL RESPONSIBILITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER V SUPPLEMENTARY PROVISIONS

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

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

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

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

    

Source:China Internet Information Center

EDITOR:Victor





1...189190191...212Page 190 of 212

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

Disclaimer: There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Facebook
© LAWS.COM NETWORK 2023-2024