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SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF DIVULGING STATE SECRETS

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Invalidated
Date of Promulgation  1988-09-05 Effective Date  1988-09-05 Date of Invalidation  1997-10-01


Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Punishment of the Crimes of Divulging
State Secrets

(Adopted at the Third Meeting of the Standing Committee of the Seventh

National People’s Congress and promulgated by Order No.7 of the President of
the People’s Republic of China on September 5, 1988, and effective as of the
same date)(Editor’s Note: This Decision has been invalidated by the Criminal
Law of the People’s Republic of China revised at the Fifth Session of the
Eighth National People’s Congress on March 14, 1997, and effective on October
1, 1997)

    The Third Meeting of the Standing Committee of the Seventh National
People’s Congress has decided to make supplementary provisions to the Criminal
Law: Persons who steal, spy on, buy or illegally provide state secrets for
institutions, organizations and people outside the country shall be sentenced
to fixed-term imprisonment of not less than five years and not more than ten
years; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than five years, criminal
detention or deprivation of political rights; if the circumstances are
especially serious, the offender shall be sentenced to fixed-term imprisonment
of not less than ten years, life imprisonment or the death penalty and shall
be deprived of political rights concurrently.






REGULATIONS OF THE STATE COUNCIL FOR ENCOURAGEMENT OF INVESTMENT BY TAIWAN COMPATRIOTS

STANDARDIZATION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.11

The Standardization Law of the People’s Republic of China which has been adopted at the Fifth Meeting of the Standing Committee of
the Seventh National People’s Congress on December 29, 1988 is promulgated now, and shall enter into force as of April 1, 1989.

President of the People’s Republic of China: Yang Shangkun

December 29, 1988

Standardization Law of the People’s Republic of China ContentsChapter I General Provisions

Chapter II Formulation of Standards

Chapter III Implementation of Standards

Chapter IV Legal Responsibility

Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated with a view to developing the socialist commodity economy, promoting technical progress, improving product
quality, increasing social and economic benefits, safeguarding the interests of the State and the people and suiting standardization
to the needs in socialist modernization and in the development of economic relations with foreign countries.

Article 2

Standards shall be formulated for the following technical requirements that need to be unified:

(1)

the varieties, specifications, quality and grades of industrial products as well as the safety and sanitary requirements for them;

(2)

the design, production, inspection, packing, storage, transportation and methods of operation of industrial products as well as the
safety and sanitary requirements for them in the process of production, storage and transportation;

(3)

technical requirements and testing methods related to environmental protection;

(4)

the designs, construction procedure and safety requirements for construction projects; and

(5)

technical terms, symbols, code names and drawing methods related to industrial production, project construction and environmental
protection.

Major agricultural products and other items that need to be standardized shall be designated by the State Council.

Article 3

The tasks of standardization shall include the formulation of standards and organization of and supervision over the implementation
of the standards.

Standardization shall be incorporated in the plan for national economic and social development.

Article 4

The State shall encourage the active adoption of international standards.

Article 5

The department of standardization administration under the State Council shall be in charge of the unified administration of standardization
throughout the country. Competent administrative authorities under the State Council shall, in line with their respective functions,
be in charge of standardization in their respective departments and trades.

The departments of standardization administration of provinces, autonomous regions and municipalities directly under the Central Government
shall be in charge of the unified administration of standardization within their respective administrative areas. Competent administrative
authorities under the governments of provinces, autonomous regions and municipalities directly under the Central Government shall,
in line with their respective functions, be in charge of standardization in their respective departments and trades within their
respective administrative areas.

The standardization administration departments and the competent administrative authorities of cities and counties shall, in line
with their respective functions as assigned by the governments of provinces, autonomous regions and municipalities directly under
the Central Government, be in charge of standardization within their respective administrative areas.

Chapter II Formulation of Standards

Article 6

National standards shall be formulated for the technical requirements that need to be unified nationwide. National standards shall
be formulated by the department of standardization administration under the State Council. Where, in the absence of national standards,
technical requirements for a certain trade need to be unified, trade standards may be formulated. Trade standards shall be formulated
by competent administrative authorities under the State Council and reported to the department of standardization administration
under the State Council for the record, and shall be annulled on publication of the national standards. Where, in the absence of
both national and trade standards, safety and sanitary requirements for industrial products need to be unified within a province,
an autonomous region or a municipality directly, under the Central Government, local standards may be formulated. Local standards
shall be formulated by departments of standardization administration of provinces, autonomous regions and municipalities directly
under the Central Government and reported to the department of standardization administration and the competent administrative authorities
under the State Council for the record, and shall be annulled on publication of the national or trade standards.

Where, in the absence of both national and trade standards for products manufactured by an enterprise, standards for the enterprise
shall be formulated to serve as the criteria for the organization of production. An enterprise’s standards for its products shall
be reported to the standardization administration department and the competent administrative authorities under the local government
for the record. Where national or trade standards have been formulated, the State shall encourage enterprises to formulate their
enterprise standards, which are more stringent than the national or trade standards, to be used in these enterprises.

Where the formulation of standards is otherwise provided for by law, such legal provisions shall be complied with.

Article 7

National standards and trade standards shall be classified into compulsory standards and voluntary standards. Those for safeguarding
human health and ensuring the safety of the person and of property and those for compulsory execution as prescribed by the laws and
administrative rules and regulations shall be compulsory standards, the others shall be voluntary standards.

The local standards formulated by standardization administration departments of provinces, autonomous regions and municipalities directly
under the Central Government for the safety and sanitary requirements of industrial products shall be compulsory standards within
their respective administrative area.

Article 8

The formulation of standards shall be conducive to ensuring safety and the people’s health, safeguarding consumer interests and protecting
the environment.

Article 9

The standards to be formulated shall be conducive to a rational use of the country’s resources, a wider utilization of scientific
and technological gains and the enhancement of economic returns, conform to operation instructions, increase the universality and
interchangeability of products, and be technologically advanced and economically rational.

Article 10

The standards to be formulated shall be coordinated with and supported by related standards.

Article 11

The standards to be formulated shall help promote economic and technological cooperation with foreign countries and foreign trade.

Article 12

The roles of trade associations, scientific research institutions and academic organizations shall be brought into play in the formulation
of standards.

A department engaged in the formulation of standards shall organize a committee on standardization technology composed of specialists,
which shall be responsible for the drafting of the standards and shall participate in the examination of the draft standards.

Article 13

After the standards come into force, the department that formulated them shall, in the light of scientific and technological developments
and the needs in economic construction, make timely reviews of the current standards to determine if they are to remain effective
or are to be revised or annulled.

Chapter III Implementation of Standards

Article 14

Compulsory standards must be complied with. It shall be prohibited to produce, sell or import products that are not up to the compulsory
standards. With regard to voluntary standards, the State shall encourage their adoption by enterprises on an optional basis.

Article 15

With respect to products for which national or trade standards have been formulated enterprises may apply to the standardization administration
department under the State Council or agencies authorized by the same department for product quality authentication. For products
which are authenticated to conform to the standards, certificates shall be issued by the department that made the authentication
and the use of the prescribed authentication marks shall be permitted on such products and the packing thereof.

If products for which authentication certificates have been granted do not conform to national or trade standards, or if products
have not undergone authentication or found not up to the standards after the authentication proceedings, no authentic marks shall
be permitted for use on such products leaving factories for sale.

Article 16

Technical requirements for export products shall comply with contractual provisions.

Article 17

The development of new products, improvement of products or technical renovation by an enterprise shall conform to standardization
requirements.

Article 18

Departments of standardization administration under governments at or above the county level shall be responsible for supervision
over and inspection of the implementation of the standards.

Article 19

Departments of standardization administration under governments at or above the county level may, in accordance with needs, establish
inspection organizations or authorize inspection organizations of other units to examine whether products conform to the standards.
Where the laws and administrative rules and regulations provide otherwise on inspection organizations, such provisions shall apply.

Disputes over whether a product conforms to the standards shall be handled in accordance with the inspection data provided by the
inspection organizations as specified in the preceding paragraph.

Chapter IV Legal Responsibility

Article 20

Whoever produces, sells or imports products that do not conform to the compulsory standards shall be dealt with according to law by
the competent administrative authorities as prescribed by the laws and administrative rules and regulations. In the absence of such
prescriptions, his products and unlawful proceeds shall be confiscated and he shall be concurrently fined by the administrative authorities
for industry and commerce; where serious consequences are caused and crimes are constituted, the person directly responsible shall
be investigated for criminal responsibility in accordance with the law.

Article 21

Where authentication marks are used on products leaving a factory for sale, for which authentication certificates have been issued
but which do not conform to national or trade standards, the enterprise concerned shall be ordered by the department of standardization
administration to stop the sale and shall be fined concurrently; where the circumstances are serious, the authentication certificates
shall be revoked by the department that made the authentication.

Article 22

Whoever uses authentication marks, without authorization, on products leaving a factory for sale, which have not undergone authentication
or have been found not up to the standards after the authentication proceedings, shall be ordered by the department of standardization
administration to stop the sale and shall concurrently be fined.

Article 23

A party which refuses to accept the punishment of confiscation of its products and of its unlawful proceeds and a fine may, within
15 days of receiving the penalty notice, apply for reconsideration to the office immediately above the one that made the punishment
decision; a party which refuses to obey the reconsideration decision may, within 15 days of receiving the reconsideration decision,
bring a suit before a people’s court. The party also may, within 15 days of receiving the penalty notice, directly bring a suit before
a people’s court. If a party neither applies for reconsideration nor brings a suit before a people’s court within the prescribed
time nor complies with the punishment decision, the office that made the punishment decision shall apply to a people’s court for
compulsory execution.

Article 24

Personnel responsible for the supervision, inspection and administration of standardization who violate the law or neglect their duties,
or are engaged in malpractices for personal gains, shall be given disciplinary sanctions; where crimes are constituted, their criminal
responsibility shall be investigated in accordance with the law.

Chapter V Supplementary Provisions

Article 25

Rules for the implementation of this Law shall be formulated by the State Council.

Article 26

This Law shall enter into force as of April 1, 1989.



 
The Standing Committee of the National People’s Congress
1988-12-29

 







CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF SUGGESTIONS SUBMITTED BY THE STATE TAXATION ADMINISTRATION CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF TAX REDUCTIONS AND EXEMPTIONS

Category  TAXATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-01-03 Effective Date  1989-01-03  


Circular of the General Office of the State Council Concerning the Approval and Transmission of Suggestions Submitted by the State
Taxation Administration Concerning the Appraisal, Rectification, and Strict Control of Tax Reductions and Exemptions


SUGGESTIONS CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF

(January 3, 1989)

    The report “Suggestions Concerning the Appraisal, Rectification, and
Strict Control
of Tax Reductions and Exemptions” submitted by the State
Taxation Administration has been approved by the State Council, and is now
hereby transmitted for implementation. Please report the results of appraisal
and rectification to the State Council by the end of March, 1989.
SUGGESTIONS CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF
TAX REDUCTIONS OR EXEMPTIONS

    Last year, after the promulgation of “Decisions Concerning the Better
Enforcement of Taxation Laws and Discipline and the Improvement of Tax
Collection” by the State Council, each locality investigated and appraised
cases where excessive authority was used to grant tax reductions or exemptions
and rectified some of them. Definite positive effects have been achieved as a
result. However, because some localities have placed undue emphasis on partial
and local interests, this issue has not been thoroughly investigated and
rectified, and those cases that should be corrected remain uncorrected. Since
this year, some localities have been continuously exceeding their authority to
reduce or exempt taxes on new items. This has seriously affected the
macro-control of the national economy and the stable increase of fiscal
revenue. In conformity with the requirements of the State Council on the
prohibition of the downward spread of the power of tax collection and the
strict control of tax reductions and exemptions, the whole-hearted
rectification of reduced and exempted taxes, suggestions concerning the
appraisal, rectification, and strict control of tax reduction and exemption
are hereby put forward as follows:

    1. In order to strictly control the blind development of some special
kinds of consumer goods and goods in over-supply, no locality may reduce or
exempt product taxes or value-added taxes on tobacco, alcoholic beverages,
firecrackers, fireworks, clocks, watches, bicycles, sewing machines, electric
fans, refrigerators, motorcycles, washing machines, vacuum cleaners, air
conditioners, electronic keyboards, pianos, TV sets, tape recorders, cassette
players, video cassette recorders, electronic video games, pull-top cans,
canned beverages, aluminum doors or windows, architectural decorations,
kilowatt-hour meters, saccharin, adhesive clay bricks or tiles, cosmetics for
the skin and hair, and articles for use in a memorial ceremony, which are
produced or marketed in that locality, regardless of the ownership or type of
enterprise. No product tax, value-added tax, or income tax may be reduced or
exempted for small scale wool mills, cotton mills, silk mills, oil refineries,
lacquer factories, metal rolling factories, cigarette factories, or alcoholic
beverage factories.

    The reduction or exemption of taxes on all aforesaid items that have
already been approved shall be suspended and normal collection resumed as of
January 1, 1989. From now on, in order to meet the demands of state
macro-control, the State Taxation Administration is authorized, when
necessary, to list additional items that may not be subjected to tax
reductions or exemptions.

    2. For importing market-saturated goods, consumer goods for which market
prices have been freed, and state-restricted imports, product taxes and
value-added taxes on the importation of these goods may not be reduced or
exempted. For export products manufactured by enterprises, a complete tax
refund will be given at the time of export, and therefore no product tax or
value-added tax on the production of export products manufactured by
enterprises may be reduced or exempted.

    3. Appraisal and rectification of tax reductions or exemptions for various
companies. Taxes on comprehensive companies, banking companies and companies
in service industries should be collected according to stipulations and
regulations. No product tax, value-added tax, or business tax which should be
paid may be reduced or exempted, and such reductions or exemptions which have
been approved should be suspended immediately. In the event of true
difficulties in paying income taxes during the early stage of operation, the
period of the reduction of or exemption from income tax shall be less than one
year; reductions or exemptions from income tax that have already been approved
to exceed one year shall be enforced according to the above regulations.

    4. The unified preferential policy of tax reductions or exemptions for
township enterprises stipulated by the state shall continue to be implemented,
and within the limits of their respective authorities over tax administration,
all localities shall strictly control the reduction of or exemption from
product taxes, value-added taxes, and business taxes. Approvals of tax
reduction or exemption by any locality which exceeds its respective authority
shall cease immediately. After strict verification, a special consideration of
one year reduction of or exemption from income tax may be granted to a small
number of enterprises that have authentic difficulties in paying taxes in the
early stage of operation. Any alteration of income tax rates or any collection
at a reduced portion of the tax rate by any locality must be corrected and
normal collection resumed. The range of itemized expenditures before income
tax payment shall be implemented strictly in accordance with the provisions
uniformly stipulated by the state, and may not be extended without
authorization. The examination and approval of reductions or exemptions for
township enterprises should be handled strictly in accordance with the
stipulations by present administrative systems, and the power of examination
and approval may not be transferred to lower levels of authority. After the
period for tax reduction or exemption for enterprises comes to an end, no
enterprise may obtain further tax reductions or exemptions by changing factory
names, product names, or the trademarks thereof, nor through other fraudulent
means. The discovery of such acts shall be treated and prosecuted as tax
evasion.

    5. All localities and departments must strictly implement the uniform
national policies governing foreign-related taxation, and may not exceed their
respective authorities to determine preferential treatment on foreign-related
taxation. All unauthorized decisions on reduction of or exemption from taxes,
which are in violation of uniform national taxation laws and administrative
regulations promulgated by the State Council, are invalid and should be
publicly repealed and corrected.

    6. In order to make greater efforts to cut down the scale of
infrastructure construction, the macro-control role of the construction tax
should be fully brought into play, and a construction tax on construction
investments made outside the state plan shall be strictly imposed. No locality
or department may reduce or exempt taxes without authorization, with the
exception of those tax reductions or exemptions stipulated uniformly in
taxation laws and regulations.

    7. The tax authorities at various levels shall strengthen their
supervision and control on tax reductions or exemptions and rigorously enforce
procedures of examination and approval. In handling tax reductions or
exemptions, all tax authorities at various levels shall implement laws and
regulations impartially, and may not abuse their authority for selfish
benefits. With respect to those items of tax reduction or exemption of very
large amounts or widespread influence, the tax authorities shall carry out
specific investigations, examine them collectively, and report to higher
authorities level by level for approval. No individual may make decisions
regarding tax reductions or exemptions, and those who are in violation of this
stipulation shall be severely punished.

    8. The appraisal and rectification of tax reductions or exemptions is a
policy-oriented task. It involves the economic interests of all localities,
departments, and units. The local people’s governments at various levels shall
strengthen their leadership and make earnest appraisals and rectifications
from the perspective of the general public interest and macro-scopic demands.
We suggest one leader from each province, autonomous region, and municipality
directly under the Central Government be appointed to take charge of this task.






CITY PLANNING LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.23

The City Planning Law of the People’s Republic of China, adopted at the 11th Meeting of the Standing Committee of the Seventh National
People’s Congress on December 26, 1989, is promulgated now, and shall enter into force as of April 1, 1990.

President of the People’s Republic of China Yang ShangKun

December 26, 1989

City Planning Law of the People’s Republic of China ContentsChapter I General Provisions

Chapter II Formulation of the Plan for a City

Chapter III Development of New Urban Areas and Redevelopment of Existing Urban Areas

Chapter IV Implementation of City Planning

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic
and social development, and map out its plan and carry out its construction on a rational basis in order to meet the needs in socialist
modernization.

Article 2

This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out
within a planned urban area.

Article 3

The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established as
one of the administrative divisions of the state.

The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for
urban development and construction as one of the administrative divisions of a city. The scope of a planned urban area shall be determined
by the people’s government of a city, while compiling a comprehensive plan for the city.

Article 4

The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small
cities to an appropriate extent in the interest of a rational distribution of productive forces and of the population.

A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts.

A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner
suburban districts.

A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts.

Article 5

City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term
and long-term development.

The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction
in a planned urban area.

Article 6

The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural
environment, resources, historical conditions and present characteristics of the city. The plan shall be a comprehensive one which
gives balanced consideration to all factors.

The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national
economic and social development in accordance with the specified procedure for national capital construction, and shall be carried
out step by step in a planned way.

Article 7

The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive
planning for the use of land.

Article 8

The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to
raise the scientific and technical level of city planning.

Article 9

The competent department of city planning administration under the State Council shall be responsible for city planning throughout
the country.

The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible
for city planning in the administrative areas under their jurisdiction.

Article 10

All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring charges
against any action that runs counter to such a plan.

Chapter II Formulation of the Plan for a City

Article 11

The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government shall organize the compilation of hierarchical urban plan for the
whole nation and for the provinces, the autonomous regions and the municipalities directly under the Central Government respectively
in order to provide guidance for the compilation of the plans for the cities.

Article 12

The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation
of the plan for a town which is the seat of the people’s government of a county shall be taken care of by the same people’s government.

Article 13

In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast
of the needs arising from its long-term development. The size of the city, the standards, norms and criteria for the various items
of development, and the development procedure shall conform with the national and local levels of economic and technological development.

Article 14

In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment,
the prevention of pollution and other public hazards, the development of greenery and afforestation, the improvement of the appearance
and environmental sanitation of urban areas, the preservation of historic and cultural sites, the traditional cityscape, the local
characteristics and the natural landscape.

In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions
and local characteristics.

Article 15

In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting
commodity circulation, enriching the economy and promoting advances in science, technology, culture and education shall be adhered
to.

City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes,
the prevention of floods and of mud-rock flows, public security, traffic control and civil air defence construction. In areas where
strong earthquakes and serious floods are likely to occur, measures for earthquake mitigation and flood prevention must be specified
in the plan for a city.

Article 16

In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed.

Article 17

For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made
available.

Article 18

The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large and
medium-sized cities, district planning may be conducted on the basis of comprehensive planning in order to further control and define
the use of land and determine the scope and capacity of each plot and to coordinate the construction of various items of infrastructure
and public facilities.

Article 19

The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected
size, the standards, norms and criteria for its main building structures, the distribution of land used for various construction
purposes, the functions of different zones, the overall arrangement for construction, the comprehensive urban transportation system,
the system of water spaces and green spaces, the plan for specialized sectors and the plan for immediate construction.

The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include
a hierarchical urban plan for the administrative divisions of the city or county.

Article 20

The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include
a concrete plan for the various construction projects to be undertaken in the immediate development area of the city.

The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and
provide the control indexes for building density and building height, the general layout, the comprehensive plan for utilities engineering
and the plan for site engineering.

Article 21

Plans for cities shall be examined and approved at different levels.

The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people’s government of the
municipality to the State Council for examination and approval.

The comprehensive plan for a city which is the seat of the people’s government of a province or of an autonomous region, or for a
city which has a population of 1,000,000 or more, or for a city otherwise designated by the State Council shall first be examined
and approved by the people’s government of the province or the autonomous region and then submitted to the State Council for examination
and approval.

The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than
those defined in Paragraphs 2 and 3 of this Article shall be submitted to the people’s government of the province, the autonomous
region or the municipality directly under the Central Government for examination and approval. The comprehensive plan for a town
which is the seat of the people’s government of a county administered by a municipality shall be submitted to the relevant municipal
people’s government for examination and approval.

The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted
to the people’s government of the relevant county for examination and approval.

The people’s government of a city or of a county must submit the comprehensive plan for a city to the people’s congress at the corresponding
level or its standing committee for examination and approval before submitting it to the people’s government at a higher level for
examination and approval.

The plan for a district of a city shall be examined and approved by the people’s government of the city.

The detailed plan for a city shall be examined and approved by the people ‘s government of the city. The detailed plan for a city
which has a district plan shall be submitted to the competent department of city planning administration of the people’s government
of the city for examination and approval, with the exception of important detailed plans which shall be submitted to the people’s
government of the city for examination and approval.

Article 22

The people’s government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising
from the city’s economic and social development, and the comprehensive plan thus readjusted shall be submitted to the standing committee
of the people’s congress at the corresponding level and to the authority which originally approved the plan for the record. Major
readjustments which involve the designated function of the city, its size, the orientation of its development or its overall layout
shall be examined and approved by the people’s congress at the corresponding level or its standing committee before they are submitted
to the authority which originally approved the plan for examination and approval.

Chapter III Development of New Urban Areas and Redevelopment of Existing Urban Areas

Article 23

In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational
layout, consideration of local conditions, comprehensive development and the coordinated construction of support facilities must
be adhered to. The selection and determination of sites for construction projects may not hinder the development of a city, endanger
its safety, cause pollution or a deterioration of its environment or affect the coordination of its various functions.

Article 24

The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military
establishments shall be built away from the urban districts.

In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city’s water front,
and the availability of a section of the water front for activities other than production shall be guaranteed.

Article 25

The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water
and energy resources, transportation facilities and means of preventing disasters. Mineral reserves and underground cultural relics
and historical sites shall be avoided.

Article 26

In the development of new urban areas, rational use shall be made of the existing facilities of a city.

Article 27

In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout
and gradual improvement shall be adhered to. Redevelopment shall be carried out by stages on a unified plan. The residential and
transportation conditions in the existing urban areas shall be improved step by step, and special attention shall be given to the
construction of the infrastructure and public facilities so as to enhance the multiple functions of the city.

Chapter IV Implementation of City Planning

Article 28

The plan for a city shall be announced by the people’s government of the city after it is approved.

Article 29

The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected
to planning administration.

Article 30

The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme
submitted for approval must be accompanied by the statement of opinion on the location issued by the competent department of city
planning administration.

Article 31

When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction
must produce documents stating the approval of the project by the relevant government authorities and apply to the competent department
of city planning administration for the determination of a location for the construction project. The competent department of city
planning administration shall determine the site and its boundary, provide the facilities for planning and designing, and issue a
permit for the planned use of land for construction. Only after acquiring the permit for the planned use of land for construction,
may the unit or individual undertaking construction apply for the use of land to the land administration department of the local
people’s government at or above the county level. After the application is examined and approved by the people’s government at or
above the county level, land shall be allocated by the department of land administration.

Article 32

For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its alteration
within a planned urban area, application shall be submitted to the competent department of the city planning administration together
with the related documents of approval. The competent department of city planning administration shall issue a permit for a planned
construction project according to the planning and design requirements defined in the plan for the city. The unit or individual undertaking
construction may not apply for the performance of the procedure for the beginning of construction until after acquiring the permit
for a planned construction project.

Article 33

A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures
for the planning and administration of temporary structures and land for temporary use shall be formulated by the people’s governments
of the provinces, autonomous regions and municipalities directly under the Central Government.

The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use.

Article 34

All units and individuals must obey the decisions on readjustments in the use of land made by the people’s government of a city according
to the plan for the city.

Article 35

No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply corridor,
or by cutting into the space for underground pipelines and cables.

Article 36

The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities.
No such activity may cause damage to the urban environment or produce a negative effect on city planning.

Article 37

The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban
area to see if they conform to the requirements of the plan for a city. The party subject to inspection shall state the actual situation
and provide the necessary data. The party conducting inspection shall be obliged to keep technical and business secrets for the party
subject to inspection.

Article 38

The competent department of city planning administration may participate in the checking and acceptance of important development projects
within a planned urban area. The construction unit shall submit to the competent department of city planning administration documents
related to the completion of a development project within a planned urban area within six months of the checking and acceptance of
the project.

Chapter V Legal Liability

Article 39

If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for
construction but without the acquisition of a permit for the planned use of land for construction, such documents of approval shall
be declared invalid, and the land occupied shall be returned by order of a people’s government at or above the county level.

Article 40

Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with
the requirements stated in the permit and which seriously affects city planning shall, by order of the competent department of city
planning administration of the local people’s government at or above the county level, be suspended, removed within a prescribed
period of time or be punishable by the confiscation of illegal buildings, structures or facilities; construction which affects city
planning but can still be remedied shall, by order of the competent department of city planning administration of the local people’s
government at or above the county level, be corrected within a prescribed period of time and be concurrently punishable by a fine.

Article 41

A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements
in the permit may be given administrative sanction by the organization where he works or by the competent authority at a higher level.

Article 42

A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision,
apply for reconsideration to the department next higher to the authorities that decided on the sanction; if the party refuses to
accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration decision, bring a suit before a people’s
court. A party may also bring a suit directly before a people’s court within 15 days of receiving the notification on the sanction.
If, upon the expiration of this period, the party has not applied for reconsideration or has neither brought a suit before a people’s
court nor complied with the sanction, the authorities that decided on the sanction may apply to the people’s court for compulsory
enforcement.

Article 43

Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices
for personal gains shall be given administrative sanction by the unit to which he belongs or by the competent higher authorities;
if his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 44

This Law may be referred to for a residents’ community in an industrial or mining district without the administrative status of a
town.

Article 45

Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning administration
under the State Council, and shall be implemented after they are submitted to and approved by the State Council.

Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people’s congresses
of the provinces, autonomous regions and municipalities directly under the Central Government.

Article 46

This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated
therefrom.



 
The Standing Committee of the National People’s Congress
1989-12-26

 







OUTLINE OF STATE INDUSTRIAL POLICIES FOR THE S

Outline of State Industrial Policies for the 1990s

     (Effective Date:1994.03.25–Ineffective Date:)

CHAPTER I VIGOROUSLY DEVELOP AGRICULTURE AND RURAL ECONOMY AND INCREASE THE INCOME OF PEASANTS CHAPTER II CONSCIENTIOUSLY STRENGTHEN
THE CONSTRUCTION OF INFRASTRUCTURAL FACILITIES AND BASIC INDUSTRIES CHAPTER III VIGOROUSLY DEVELOP PILLAR INDUSTRIES CHAPTER V VIGOROUSLY
DEVELOP FOREIGN ECONOMIC RELATIONS AND TRADE CHAPTER VI ORGANIZATION, TECHNOLOGY AND SETUP OF INDUSTRIES CHAPTER VII PROCEDURES FOR
FORMULATING INDUSTRIAL POLICIES AND THEIR IMPLEMENTATION

The formulation of industrial policies is to work as one of the important means of the State in its strive to strengthen and improve
macro-economic control, effectively adjust and optimize the industrial structure, improve the quality of industries and promote a
sustainable, fast and healthy development of the national economy and under the guidelines of the 14th National Party Congress and
the decisions adopted at the third plenary session of the 14th Party Central Committee, the present “Outline of State Industrial
Policies for the 1990s” is worked out in the light of the current situation and trend of development in the national economy as a
guide and basis for formulating policies for various industries in the near future.

In formulating State industrial policies, the following principles must be observed: (1) Such policies must be able to combine the
universal way of industrialization and modernization with the special conditions and industrial structure of our country; (2) Such
policies must be able to help establish a socialist market economic system in our country so as to give a basic role to the market
for the allocation of resources under the macro-economic control by the State; (3) Such policies must be able to help concentrate
the efforts of the country to solve the major problems that are of vital importance to the overall situation of the national economy;
(4) Such policies must be able to become fully operational mainly through economic and legal means and properly supplemented with
necessary administrative means to support the development of industries and products in short-term demand and curtail those in long-term
demand.

For the 1990s the major objects of the State industrial policies are: constantly strengthen the basic status of agriculture to develop
the rural economy in an all-round manner; devote great efforts to step up the development of the basic industries, striving to ease
the heavy drawback of infrastructure and basic industries; accelerate the development of pillar industries to bring about an all-round
revitalization of the national economy; rationally readjust the foreign economic and trade structure to enhance the competitiveness
of Chinese industries on the international market; step up the development of high and new tech industries and support the development
of newly emerging industries and new products; and continue to develop the tertiary industry in a big way. Meanwhile, it is necessary
to optimize the structure of industries, raise their technical levels and rationalize their distribution.

CHAPTER I VIGOROUSLY dEVELOP AGRICULTURE AND RURAL ECONOMY AND INCREASE THE INCOME OF PEASANTS

To develop vigorously agriculture and the rural economy and increase the income of peasants are the first and foremost task of economic
development in the 1990s. It is imperative to foster the broadest sense of agricultural development which includes an all-round development
of agriculture, forestry, animal husbandry, sidelines and fisheries and a vigorous development of high-yield, high-quality and high-efficiency
and high foreign exchange earning agricultural products so as to be able to turn out a sufficient amount of agricultural products
to both cater a well-being living at home and meet the demand of the international market in terms of quality, variety and quality.
For such an undertaking, it is necessary to restructure the rural industrial structure, energetically develop the secondary and tertiary
industries in the rural areas, gradually transfer the rural surplus labor to bring the comprehensive production capacity and economic
efficiency of the rural areas onto a new level.

In developing agriculture and the rural economy, it is essential to implement in real terms the series of policies and measures formulated
by the Party central committee and the State Council and the present “Outline Program for the Development of China’s Agriculture
in the 1990s”. For that, it must: extend the contracted terms for the arable land to stabilize and improve the household responsibility
system which ties up the income with output and the two-tier managing system which integrates the contralized and scattered management
in an effective way; rationally readjust the organization of agricultural production to introduce new production systems of integrating
cropping, breeding and processing and also agriculture, trade, and industry; cultivate energetically the rural market by establishing
sound grain protective prices, a grain venture fund system, and a grain reserve system; establish and improve the rural collective
service system to make it a vast network consisting of services run by the State, collectives and individuals; dedicate real effort
to protect the arable land including the step by step establishment of basic farmland protection zones and formulation of corresponding
measures of management; increase input in agriculture including the increase of financing by central and local governments on an
annual basic, support the development of agro-serving industries, encourage peasants own inputs, and attracting more foreign capital
to the development of agriculture; energetic efforts must be made to use and spread new techniques and lightening the burdens on
peasants and earnestly protecting their legitimate rights and interests.

With the increase of rural productivity, the rational transfer of rural surplus labor will acquire an important relevance in the strive
of further developing the agriculture and the rural economy and increasing the income of the peasants So, further efforts must be
made to accelerate the development of township enterprises, especially in the central and western parts of the country. In such a
context, planning and policy guidance should be enhanced to lead the township enterprises develop in a concentrated manner. Meanwhile,
it is necessary to transform and make full use of the existing small towns and step up the building of new ones.

CHAPTER II CONSCIENTIOUSLY STRENGTHEN THE CONSTRUCTION OF INFRASTRUTUAL FACILITIES AND BASIC INDUSTRIES

The development of infrastructural facilities and basic industries must be accelerated so as to keep pace with that of the national
economy as a whole. The efforts must be made basing on the principles of “unified planning, rational distribution, banding force
on key areas, doing one’s best within one’s might and keeping an eye at efficiency”.

For transportation, major efforts must by put to increase the carrying capacity of railways. While giving special effort to develop
the thoroughfares, roads, waterways, air, pipelines and other ways of transportation must also be developed in a full scope to form
a comprehensive transport system. For telecommunications, great efforts must be paid to develop a comprehensive but concentrated
information disseminating network basing on high speed, high quality and high capacity communication means and advanced technologies
and equipment of international standard at the same time of increasing the portion of home-made devices. For energy, equal emphasis
must be given to development and conservation so as to achieve a well-coordinated development of energy, economy and environment.
In coal industry, construction of State-owned key mines must be accelerated and efforts must be made to promote the transformation
and improvement of local mines and mines operated by townships. In the petroleum industry, while stabilize the output in the eastern
part, more reserves in the western part must be verified and international resources rationally utilized. In the power industry,
the principle is to develop both thermal and hydroelectric power in light of actual conditions and expand nuclear power properly.
It is necessary to consolidate and improve the existing water conservancy facilities and carry out comprehensive control of large
rivers and lakes with clear emphasis in order to prevent water loss and soil erosion, protect and rationally allocate water resources
and raise the capabilities against drought and floods and gradually solve the drinking water supply problem in water short areas
and in cities. The development of urban municipal utilies should be accelerated according to the principle of “unified planning,
rational distribution and comprehensive development.”

In order to accelerate the development of infrastructure facilities and basic industries, the State will adopt the following principal
policies: fully use the initiatives of both the central and localities under clarified division of work among the governments at
all levels; clearly define the plans for the development of infrastructure facilities and basic industries to acquire a sound development
of both; well establish and improve a policy-based long-term investment and financing system to provide appropriate financial support
to construction projects encouraged by the State; channelling funds into the construction of infrastructure facilities and basic
industries from various sectors with priority giving to issue of stocks and bonds to cater to the development of such facilities
and industries; encouraging foreign investment to construction of infrastructural facilities and basic industries to extend the use
of foreign funds in the sectors both in scale and areas; further smoothing out the pricing system to give full scope to the regulatory
roles of the price mechanism and intensify the control over the prices of products and services provided by highly monopoly industries;
continuing to requisite lands in low prices for the construction of infrastructure facilities and basic industries; using incomes
of the government from leasing of land resources for the construction of infrastructure facilities; and permitting under approval
procedure investors in transport facilities in obtain the right to develop real estate along the transporting lines, port areas and
around airports as comprehensive economic compensation.

CHAPTER III VIGOROUSLY DEVELOP PILLAR INDUSTRIES

Efforts should be made to accelerate the development of machine- building, electronic, petro-chemical, automobile and construction
industries to make them the pillar industries of the national economy.

For machine-building industry focus should be put on the making of elementary machinery, basic parts and complete sets of major technical
equipment so as to promote the optimization of product structure and raise the technical level and competitiveness of the industry.
For electronic industry, microelectronics should serve as the base for the development of telecommunications, computers and other
emerging information industries to accelerate the pace of modernization. For the petrochemical industry, energetic efforts should
be made to enlarge production scales, improve technical levels and depth of processing. For automotive industry, a production system
of fewer production sites and economic scale of production should be undertaken as soon as possible to strive for a bigger share
in the domestic market and a better competitiveness in the world market for domestic products. For construction industry, emphasis
should be put to the building of residential houses in cities, key State construction projects and the construction of cities and
towns to strive to establish a unified and open market with orderly competition and improve the quality of products for construction.

The State will promote the development of the pillar industries by adopting the following measures: to formulate and publish unified
industrial policies and ensure their implementation by legal means; to gradually establish an investment and financing system and
standard enterprises financing mechanism to facilitate the development of the pillar industries, including arrangement given by the
State for prior issue of pillar industry related stocks and bonds; direct support should be given by the government in funds and
materials to prop up the technical development of certain major areas in the pillar industries such as under approval of the State
Council, granting power to some large enterprise groups to directly raise funds abroad commensurate with the their own capital and
gains. Meanwhile, according to common international practice and articles of relevant agreements, the State will treat part of the
products of the pillar industries as infant industrial products and protect them properly and within a certain limit of time. At
the same time, the government will allow the conditional opening of part of the home market in order to obtain key technology and
equipment.

CHAPTER V VIGOROUSLY DEVELOP FOREIGN ECONOMIC RELATIONS AND TRADE

The government will continue to encourage the expansion of foreign trade, actively readjust the trade structure so as to display the
country’s own advantages in the trade, improve its export efficiency, promote the restructuring and optimizing of industrial structure,
enchance the international competitiveness and maintain the balance of international payments.

The State encourages export of the following products; agricultural and sideline products with comparative advantages, light industrial
goods and textiles; household electrical appliances and other machinery and electronic products with mature production technology;
products with high added value and international competitiveness; and high and new technology products, but discourages the bulk
export of resources products, and strives for gradual reduction in the export of primary products and products with high energy contents,
with some even restricted or forbidden for export.

The State encourages the import of new technology and relevant key equipment, key and spare parts; appropriately increases the import
of some primary products in short supply at home, supports the efforts by infant industries to introduct, assimilate and absorb new
technologies, new production equipment and their key and spare parts. Meanwhile, the State discourages the import of high and consumer
goods.

For such an end, the State will fully use the function of the import and export banks to encourage enterprises to increase their export
of complete sets of equipment and machinery and electronic products; strengthen the control on the import quantity of a few products,
through the granting of quotas by means of tenders, auction or regulations based on the principal of “efficiency, fairness and openness”;
strengthen the policies for promoting the export of deep-processed products, high value added manufactured goods and complete sets
of equipment; give the power of handling foreign trade to various kinds of qualified enterprises and particularly encourage large
enterprises (groups) to open direct sales channels overseas; and rationally adjust the tariff rates according to the State industrial
policies.

CHAPTER VI Organization, Technology and Setup of Industries

(1) The objectives of the policies toward industrial organizations are: promoting fair competition among enterprises and realizing
economic scale of production and specialized cooperation to form an industrial organizational structure to adapt to the characteristics
of industrial technical economy and the stages of development of the national economy. For industries with marked efficiency of an
economic scale, a market structure should be formed with a few large enterprises (groups) as the main competitors; for industries
with products composed of large amounts of parts and accessories, there should be a market structure of an appropriate scale that
facilitate the rational division of labor and coordination among large, medium-sized and small enterprises; for industries without
market efficiency of economic scale, efforts should be made to encourage the development of small enterprises to form market structure
comprising a large number of large, medium-size and small enterprises which will develop simultaneously and compete freely.

To realize the objectives, the government will; gradually introduce market mechanism into industries which are of monopoly in nature
in specific regions to encourage fair competition among them; set minimum scale for industries and products which are of efficiency
in economic scale. At the same time, barriers to separate departments, and regions will be broken down to stop the setting up of
projects that fail to meet the standards of economic scale so as to promote the realization of scale economy. Enterprises are also
encouraged to form transregions, departments, ownerships or even nations associations or enterprises groups by way of equal competition,
merging, amalgamation, or holding each other’s shares. The government will step up the building of the legal system concerning market
competition so as to create a good external environment for enterprises to compete on an equal footing and readjust their organizational
setups.

(2) The key objects of industrial technology policy are to: promote the development of applied technologies, encourage the integration
of research and production, accelerate the application of research results, promote the introduction and assimiliation of advanced
foreign technologies to markedly improve the quality and technical function and reduce the energy, material consumptions and production
cost of Chinese products and strive to improve the technical levels of Chinese industries.

The government will adopt the following measures to promote technological progress: To increase input in scientific research and development
through multiple channels and in a variety of forms so as to gradually increase its proportion in the GNP; to map out research and
development programs for key technologies that are of importance in the development of various industries, support and encourage
the absorption and creation of advanced technologies; to strengthen planning of high and new technology industries, do well in the
construction of the State approved high and new technology development zones; to promote the process of standardization and serialization,
encourage the adoption of international standards and advanced foreign standards and more strict internal standards of enterprises;
to enhance the capabilities of enterprises to develop new products independently, encourage enterprises to strengthen their ties
with research institutions and universities and colleges in order to accelerate the speed of commercializations of research results;
and to publish regularly with the force of law or decrees the backward production technology and equipment that must be disbanded.

(3) The main principles of the industrial distribution policies: while continuing to display the advantages of economically developed
areas and accelerating their development, energetic efforts must be made to support the economic development of less developed regions
so as to gradually narrow the spread between the economically developed and less developed regions; the government supports the development
of industrial belts that can give full advantages of natural resources and economy and dedicate to the efficient division of labor
and cooperation among different regions.

It should gradually form rational distribution of industries along the seas, rivers, roads and borders, with large cities along the
transporting trunk lines as the centres to bring up the development of economic regions. The eastern coastal areas must make great
efforts to develop an export-oriented economy, with emphasis on industries and products that have high added values, are capable
of earning great foreign exchange, contain more technology and consume less energy and raw materials. More foreign funds and resources
should be used in order to achieve a sustainable and fast development and better efficiency of the economy. The central and western
regions should give full advantages of their resources and geographical locations as border areas to develop their own unique industries
and products. The State will gradually shift its policy biased toward regions to the policy biased toward industries in terms of
investment, loans, project distribution utilization of foreign capital and other related economic policies and give necessary support
to the major projects in the development and construction of the central and western parts of the country. The State should encourage
economically developed regions to engage in joint development, technical cooperation, partnership assistance and personnel exchange
with the less developed areas in the central and western parts of the country.

The government will make the best use of the situation to guide urbanizations toward a healthy development so as to form an urban
construction system with a good harmony in structure and rational distribution of large, medium-sized and small cities.

CHAPTER VII PROCEDURES FOR FORMULATING INDUSTRIAL POLICIES AND THEIR IMPLEMENTATION

Industrial policies include industrial structure policies, industrial organizational policies, industrial technology policies, industrial
distribution policies and other policies and laws and regulations that will have a great bearing on the industrial development. In
order to give the industrial policies a full scientific nature and authority and faciliate their implementation, the following provisions
are hereby made concerning the formulation and implementation of industrial policies:

(1) The State industrial policies shall be determined by the State Council and the formulated under the initial of the State Planning
Commission which is responsible for the study, formulation and coordination of the policies with the help of relevant departments.
The industrial policies with the help of relevant departments. The industrial policies thus formulated shall be carried out by departments
in charge of various industries and services under the coordination by the State Planning Commission.

(2) A system shall be created by State for the examination and review of the State industrial policies. The concrete industrial policies
and policies that will have a major influence on the industrial development drafted by relevant departments shall be examined and
coordinated by the State Planning Commission and subject to scientific studies and democratic examination by relevant departments
under the State Council, industrial circles, academic circles and consumer groups organized by the State Planning Commission before
they are submitted by the State Planning Commission and relevant departments to the State Council for approval and published for
implementation.

(3) A system must be created to ensure the real implementation of the State industrial policies by various economic administration
departments of planning, finance, banks, taxation, domestic and foreign trade, tariffs, securities, industry and commerce and the
State property, which must coordinate with the State Planning Commission to formulate major procedures for the implementation of
the policies.

(4) A system must be created for the supervision, examination and assessment of the State industrial policies. The State Planning
Commission shall, together with relevant departments, undertake the work of supervision, examination and analysis on the execution
of the State industrial policies and report the results to the State Council regularly with proposals for amendment of the policies
in the light of the changes in the economic situation and industrial structure.

(5) Provincial level people’s governments shall, according to the requirements of the present outline, formulate detailed rules for
its implementation in the light of their actual circumstances and submit them to the State Planning Commission for the record.

(6) The government shall, in the near future, draft industrial policies for transport, telecommunications, construction, electronics,
machine building, petro-chemical industries and foreign investment, foreign trade, technology and industrial organizational readjustment.
The work shall be coordinated and organized by the State Planning Commission.

(7) The document shall be interpreted by the State Planning Commission.

The outline of the State industrial policies for the 1990s shall be implemented starting from the date of publication.

    






MEASURES FOR EXEMPTION FROM INSPECTION OF IMPORT AND EXPORT COMMODITIES

REGULATIONS ON THE PREVENTION OF POLLUTION DAMAGE TO THE MARINE ENVIRONMENT BY LAND-SOURCED POLLUTANTS

Category  ENVIRONMENTAL PROTECTION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1990-06-22 Effective Date  1990-08-01  


Regulations of the People’s Republic of China on the Prevention of Pollution Damage to the Marine Environment by Land-sourced Pollutants



(Adopted at the 61st Executive Meeting of the State Council on May 25,

1990, promulgated by Decree No.61 of the State Council of the People’s
Republic of China on June 22, 1990 and effective as of August 1, 1990)

    Article 1  These Regulations are formulated in accordance with the Marine
Environment Protection Law of the People’s Republic of China and for the
purposes of strengthening the supervision and administration of land pollution
sources and preventing pollution damage to the marine environment by
land-sourced pollutants.

    Article 2  “Land pollution sources” (hereinafter referred to as “land
sources”) mentioned in these Regulations refer to places or installations in
or by which to discharge pollutants from the land into the sea thereby causes
or may cause pollution damage to the marine environment.

    “Land-sourced pollutants” mentioned in these Regulations refer to
pollutants discharged from “land sources” stipulated in the preceding
paragraph.

    Article 3  These Regulations apply to all organizations and individuals
who discharge land-sourced pollutants into the sea within the territory of
the People’s Republic of China.

    With respect to the prevention of pollution damage to the marine
environment by ship scrapping, the Regulations on the Prevention of
Environmental Pollution by Ship Scrapping shall apply.

    Article 4  The environmental protection department under the State Council
shall be in charge of the prevention of pollution damage to the marine
environment by land-sourced pollutants of the whole country.

    The environmental protection departments of the coastal local people’s
governments at county level and above shall be in charge of the prevention of
pollution damage to the marine environment by land-sourced pollutants in their
respective administrative areas.

    Article 5  The discharge of land-sourced pollutants into the sea by any
organization or individual must be conducted in compliance with the standards
for discharge of pollutants and the relevant regulations promulgated by the
state or the localities.

    Article 6  Any organization or individual who has to discharge
land-sourced pollutants into the sea must report to and register with the
environmental protection department in the place where it or he is located
with respect to the pollutant discharging and treating facilities that it or
he possesses and the kind(s), quantity and density of the pollutants to be
discharged under normal operational conditions, and must provide with
materials regarding the prevention of pollution damage to the marine
environment by land-sourced pollutants. A copy of registrations and materials
mentioned above shall be sent to the administrative department of marine
affairs.

    If major changes have taken place in the kind(s), quantity and density of
the pollutants to be discharged, or pollutant treating facilities are
dismantled or left idle, prior approval shall be obtained from the
environmental protection department in the locality as well as the original
examining and approving department.

    Article 7  Any organization or individual discharging land-sourced
pollutants into the sea in excess of the national or local discharge standards
shall pay a fee for excessive discharge and shall assume responsibility for
eliminating and controlling the pollution.

    Article 8  No organization or individual may establish outlets for
discharging sewage within special marine reserves, marine sanctuaries,
seashore scenic and tourist areas, saltworks reserves, bathing beaches,
important fishing areas and other areas which need special protection.

    Those outlets already established within the areas stipulated in the
preceding paragraph, where the discharge of pollutants is in excess of the
national or local discharge standards, shall be improved within a prescribed
period of time.

    Article 9  If an enterprise or institution discharges land-sourced
pollutants into the sea and has thereby caused severe environmental pollution,
it shall be required to eliminate and control the pollution within a
prescribed period of time.

    Article 10  For enterprises and institutions directly under the
jurisdiction of a department under the State Council or a people’s government
of a province, an autonomous region, or a municipality directly under the
central government, the proposal for a deadline for the elimination or control
of pollution shall be made by the environmental protection department of the
people’s government of the province, autonomous region, or municipality
directly under the central government, and shall be reported to the people’s
government at the same level for the decision. For enterprises and
institutions under the jurisdiction of a people’s government at city or county
level or below, such proposal shall be made by the environmental protection
department of the people’s government of the city or county, and shall be
reported to the people’s government at the same level. Such enterprises and
institutions shall accomplish the elimination or control of pollution within
the prescribed period of time.

    Article 11  It is prohibited to pile up, discard, or dispose of solid
wastes along seashores and beaches without approval. If it is really necessary
to pile up or dispose of solid wastes for the time being, a written
application shall be submitted according to the examining and approving
procedures stipulated by the environmental protection departments of the
coastal provinces, autonomous regions, and municipalities directly under the
central government. The application shall mainly include the following
contents:

    (1) the name and address of the applicant;

    (2) the place and covering area of solid wastes to be piled up and
disposed of;

    (3) the types and composition of solid wastes, amount of solid wastes to
be piled up and disposed of per year, total amount of solid wastes to be
stockpiled up and disposed of and the height of solid wastes to be piled up;

    (4) the time of period within which to pile up and dispose of solid wastes
and final means of disposal of them;

    (5) the pollution damage to the marine environment possibly caused by
piling up and disposing of solid wastes;

    (6) technology and measures for preventing the marine environment from
pollution damage caused by piling up and disposing of solid wastes; and

    (7) other matters required to be explained by the examining and approving
organ.

    The environmental protection department of the local people’s government
at county level or above shall order the completion of the examining and
approving procedures within a time limit for those existing sites in which
solid wastes are temporarily piled up and disposed of without its approval.

    Article 12  Any organization or individual who has been approved to set up
waste yards and treatment facilities shall build dikes and facilities against
raising dust and leakage of wastes. Prior to their use, the dikes and
facilities shall pass the inspection by the environmental protection
department that approved the establishment of the waste yards and treatment
facilities.

    It is prohibited to pile up and discard wastes of other types which have
not been approved in the waste yards and treatment facilities which have been
used with approval. It is prohibited to pile up wastes containing hypertoxic,
radioactive, soluble or volatile substance out of doors. Piling up not out of
doors shall not be carried out as final means of disposal of the
above-mentioned wastes.

    Article 13  It is prohibited to discharge toxic and harmful waste water
along seashores and beaches by improper means of dilution or permeation.

    Article 14  It is prohibited to discharge waste water containing
high-level or meddle-level radioactive substance into the sea.

    Any discharge of waste water containing low-level radioactive substance
into the sea shall be carried out in strict compliance with the state
provisions and standards concerning radioactive protection.

    Article 15  It is prohibited to discharge oils, acid liquid, alkaline
liquid or toxic liquid into the sea.

    No oil-polluted water, waste water containing harmful heavy metals or
industrial waste water of other types may be discharged into the sea before it
has been properly treated and conforms to the standards for discharge of
pollutants and the relevant regulations stipulated by the state or the
localities. Residual dregs after treatment shall not be cast off into the sea.

    Article 16  No waste water carrying pathogens may be discharged into the
sea before it has been properly treated and conforms to the standards for
discharge of pollutants and the relevant regulations stipulated by the state
or the localities.

    Article 17  In case of the discharge of heated waste water into the sea,
the water temperature shall be in compliance with the relevant provisions of
the state.

    Article 18  The discharge of industrial waste water and domestic sewage
containing organic and nutrient substance into sea areas with low capacities
of self-purification shall be controlled in scale. The outlets for discharging
sewage shall be set up in sea areas suitable for current exchange and rational
means of discharge shall be carried out to prevent eutrophication of the sea
water.

    Article 19  It is prohibited to discard medicines and medical instruments
having lost efficacy or use of which is prohibited along seashores and
beaches.

    Article 20  The environmental protection departments of provinces,
autonomous regions and municipalities directly under the central government in
the estuaries shall be in charge of the investigation and dealing with of
accidents of pollution damage to the marine environment by land-sourced
pollutants which occur in the estuaries and are conclusively proved to be
caused by river waters carrying pollutants. If the river flows across
different provinces, autonomous regions or municipalities directly under the
central government, the environmental protection department and the water
conservancy department of the people’s government at provincial, autonomous
regional and municipal level in the entuary shall cooperate with the
environmental protection department and water conservancy department of the
people’s government of involved provinces, autonomous regions and
municipalities and the river basin administrative department in investigating
and dealing with the accident.

    Article 21  With respect to those coastal regions adjacent or opposite to
one another discharging land-sourced pollutants into the same sea area, the
relevant local people’s governments shall jointly formulate measures for the
prevention of pollution damage to the marine environment by land-sourced
pollutants.

    Article 22  Any organization or individual who causes an accident of
pollution damage to the marine environment by land-sourced pollutants shall
promptly take measures to deal with the accident and shall, within 48 hours
after the happening of the accident, report to the environmental protect
department of the local people’s government on the time, place, type of the
accident, the amount of pollutants discharged, economic losses, victims and
other preliminary information and a copy of the preliminary report shall be
sent to each of the relevant departments. Upon the investigation of the
accident, a written report accompanied with relevant documentary evidence
shall be sent to the environmental protection department of the local people’s
government.

    The environmental protection department of the people’s government at
various levels shall, upon the receipt of the preliminary report on a accident
of pollution damage to the marine environment by land-sourced pollutants, take
measures promptly in consultation with the relevant departments to eliminate
or reduce the pollution. The accident shall be investigated and dealt with by
the environmental protection department of the people’s government at county
level or above together with the relevant departments, or by a department
authorized by the environmental protection department of the people’s
government at county level or above itself.

    Article 23  The environmental protection department of the people’s
government at county level or above together with the department in charge of
the project shall, according to its scope of powers to project administration,
conduct an on-the-spot inspection of the organization or individual
discharging land-sourced pollutants. The inspection receiver shall truthfully
report information and provide materials and the inspectors shall be
responsible for keeping technical and business secrets for the inspection
receiver. If otherwise provided for in the laws and regulations, the
provisions stipulated above in this article shall not apply.

    Article 24  Where anyone violates these Regulations under any of the
following circumstances, the environmental protection department of the
people’s government at county level or above shall order the correction and
may concurrently fine an amount of not less than 300 yuan but not more than
3,000 yuan.

    (1) refusing to report or falsely reporting on registrations for discharge
of pollutants; or

    (2) refusing or obstructing the environmental protection department that
is conducting an on-the-spot inspection, or practising fraud in the
on-the-spot inspection.

    Article 25  Where anyone forces in use facilities against pollution set up
in waste yards and treatment facilities which have not been inspected and
accepted by the environmental protection department or have not passed the
inspection, the environmental protection department shall order the correction
and may concurrently fine an amount of not less than 5,000 yuan but not more
than 20,000 yuan.

    Article 26  Where anyone violates these Regulations under any of the
following circumstances, the environmental protection department of the
people’s government at county level or above shall order the correction and
may concurrently fine an amount of not less than 5,000 yuan but not more than
100,000 yuan.

    (1) changing the kind(s) of pollutants to be discharged, or increasing the
quantity and density or dismantling or leaving idle pollutant treating
facilities without the approval of the environmental protection department in
the locality and the original examining and approving department; or

    (2) establishing outlets for discharging sewage within the areas
stipulated in the first paragraph of Article 8 of these Regulations.

    Article 27  Where anyone violates these Regulations under any of the
following circumstances, the environmental protection department of the
people’s government at county level or above shall order the correction and
may concurrently fine an amount of not less than 1,000 yuan but not more than
20,000 yuan; if the circumstances are serious, a fine of not less than 20,000
yuan but not more than 100,000 yuan may be imposed upon.

    (1) discharging toxic and harmful waste water along seashores and beaches
by improper means of dilution or permeation;

    (2) discharging waste water containing high-level or meddle-level
radioactive substance into the sea;

    (3) discharging oils, acid liquid, alkaline liquid or toxic liquid into
the sea;

    (4) discarding medicines and medical instruments having lost efficacy or
use of which is prohibited along seashores and beaches;

    (5) failing to comply with the standards for discharge of pollutants and
the relevant regulations stipulated by the state or the localities when
discharging oil-polluted water, waste water carrying pathogens, heated waste
water, waste water containing low-level radioactive substance, waste water
containing harmful heavy metals or industrial waste water of other types into
the sea, or casting off residual dregs after treatment into the sea; or

    (6) without the approval of the environmental protection department of the
local people’s government at county level or above, piling up, discarding, or
disposing of solid wastes along seashores and beaches, or piling up and
disposing of wastes of other types which have not been approved in the waste
yards and treatment facilities, or piling up wastes containing hypertoxic,
radioactive, soluble or volatile substance out of doors.

    Article 28  Where an enterprise or institution fail to eliminate and
control the pollution within a time limit as stipulated, it shall pay an
amount of two times the fee for excessive discharge, and may be concurrently
fined an amount of not less than 10,000 yuan but not more than 100,000 yuan
according to the seriousness of damage and loss, or be ordered the suspension
of business or closing down.

    The environmental protection department shall decide on a fine. The
people’s government that decides on a deadline for the elimination and control
of pollution shall decide on the suspension of business or closing down; the
suspension of business or closing down of an enterprise or institution
directly under the jurisdiction of a department under the State Council shall
be subject to the approval of the State Council.

    Article 29  Where anyone fails to pay the fee for excessive discharge
according to the provisions, the environmental protection department of the
people’s government at county level or above shall, in addition to recovering
the fee and a late payment fine, impose a fine of not less than 1,000 yuan but
not more than 10,000 yuan.

    Article 30  Where anyone causes an accident of pollution damage to the
marine environment by land-sourced pollutants and has thereby caused major
economic losses, the environmental protection department of the people’s
government at county level or above shall impose a fine of an amount of
percent 30 of the direct losses but not exceeding a maximum of 200,000 yuan.

    Article 31  The environmental protection department of the people’s
government at county level may decide on a fine of not more than 10,000 yuan
and shall report a fine exceeding 10,000 yuan to the higher level’s
environmental protection department for an approval.

    The environmental protection department of the people’s government at the
level analogous to a city directly under a provincial government may decide on
a fine of not more than 50,000 yuan and shall report a fine exceeding 50,000
yuan to the higher level’s environmental protection department for an approval.

    The environmental protection department of the people’s government at the
level of province, autonomous region and municipality directly under the
central government may decide on a fine of not more than 200,000 yuan.

    All fines shall be handed over to the national treasury and neither
organization nor individual may retain or divide them up.

    Article 32  An organization or individual who has paid a fee for excessive
discharge or has been imposed upon a fine shall not exempted from
responsibilities for eliminating pollution, removing damage and compensation.

    Article 33  If a party involved does not agree with a decision on
administrative penalty, he may, within 15 days as from the date of receiving
the notification on the penalty, apply for reconsideration according to law;
if he does not agree with the decision of consideration, he may, within 15
days as from the date of receiving the decision of consideration, bring a
lawsuit before a people’s court. A party may directly bring a lawsuit before a
people’s court within 15 days as from the date of receiving the notification
on the penalty. If, upon the expiration of the period, the party has not
applied for reconsideration or has neither brought a lawsuit before a people’s
lawsuit nor performed the decision on penalty, the department that imposed the
penalty shall apply to the people’s court for compulsory enforcement.

    Article 34  Where a staff member of the environmental protection
department abuses his powers, neglects his duties or engages in malpractice
for his personal interests, the department to which he belongs or the higher
level’s department shall impose disciplinary sanction upon him; if a crime has
been constituted, he shall be investigated for criminal responsibility
according to law.

    Article 35  The people’s governments of the coastal provinces, autonomous
regions and municipalities directly under the central government may
formulated measures for the implementation in accordance with these
Regulations.

    Article 36  The environmental protection department under the State
Council shall be responsible for the interpretation of these Regulations.

    Article 37  These Regulations shall come into force as of August 1, 1990.






MEASURES FOR THE ADMINISTRATION OF THE FOREIGN-RELATED ARCHAEOLOGICAL ACTIVITIES

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1991-02-22 Effective Date  1991-02-22  


Measures of the People’s Republic of China for the Administration of the Foreign-related Archaeological Activities



(Approved by the State Council on December 31, 1990 and promulgated by

Decree No. 1 of the State Bureau of Cultural Relics on February 22, 1991)

    Article 1  These Measures are formulated with a view to strengthening the
administration of the foreign-related archaeological activities, protecting
the ancient cultural heritage of China and promoting its academic exchanges
in the archaeological field with foreign countries.

    Article 2  These Measures shall apply to the archaeological investigation,
exploration and excavation as well as to the related studies, scientific and
technological protection and  other  activities  which are  conducted by the
relevant Chinese units (hereinafter referred to as Chinese party) in
collaboration with foreign organizations or international organizations
(hereinafter referred to as foreign party) on the land territory, in the
inland waters and the territorial seas of China as well as in other sea area
within the jurisdiction of China.

    Article 3  Any foreign or international organization that intends to
conduct archaeological investigation, exploration or excavation in China must
undertake it in collaboration with China.

    Article 4  The State Bureau of Cultural Relics shall be in charge of the
unified administration of the foreign-related archaeological activities
throughout the country.

    Article 5  For the purposes of these Measures,

    (1) “archaeological investigation” refers to such activities, conducted
for the purpose of obtaining archaeological materials and information, as
archaeological recording of ancient cultural sites, ancient tombs, ancient
architectures, cave temples and other underground and underwater cultural
relics, and collecting of cultural relics and natural specimens;

    (2) “archaeological exploration” refers to exploring activities aiming at
obtaining such basic information as the nature, structure and range of
underground or underwater historical cultural remains;

    (3) “archaeological excavation” refers to such activities, conducted for
the purpose of obtaining archaeological materials and information, as
scientific discovering and archaeological recording of sites of ancient
culture, ancient tombs and other underground and underwater cultural relics
as well as collecting of cultural relics and natural specimens;

    (4) “archaeological recording” refers to such activities conducted in a
systematic manner as written description, surveying cartographing, rubbing,
photographing, cinematographing and videotaping;

    (5) “natural specimens” refers to natural remains obtained in
archaeological investigation, exploration and excavation.

    Article 6  Archaeological activities of investigation, exploration or
excavation jointly conducted by the Chinese and foreign parties shall be
guided by the following principles:

    (1) the two parties in collaboration shall jointly carry out a project of
archaeological investigation, exploration or excavation and a joint
archaeological team shall be organized, with the Chinese experts taking the
overall charge;

    (2) the two parties in collaboration shall jointly sort out the data
obtained from archaeological investigation, exploration or excavation and
prepare reports thereof all within the Chinese boundaries. The reports shall
be co|signed by the two parties in collaboration and the Chinese party shall
have priority for the publication thereof;

    (3) cultural relics, natural specimens and the originals of
archaeological recording obtained in the activities of archaeological
investigation, exploration or excavation conducted in collaboration shall be
owned by China and have their safety ensured;

    (4) the two parties in collaboration shall abide by the laws, regulations
and rules of China.

    Article 7  A foreign party that intends to conduct archaeological
investigation, exploration or excavation in collaboration with a Chinese
party shall submit a written application therefore to the State Bureau of
Cultural Relics in light of the following items:

    (1) intent of collaboration;

    (2) object, scope and purpose;

    (3) plan for team organization;

    (4) working procedures and measures for safety and technical protection
of the cultural relics, etc;

    (5) sources of funds and equipments and mode of management;

    (6) handling of accidents and risk sharing.

    Article 8  Any application for collaboration in an archaeological project
of investigation, exploration or excavation shall satisfy all the following
conditions:

    (1) it is conducive to China’s protection of cultural relics and
archaeological studies as well as to the international cultural and academic
exchanges;

    (2) the Chinese party has already laid down a foundation in the project
and made some progress in the studies, and has its own experts engaged in the
studies of the subject area in question;

    (3) the foreign party shall be a specialised archaeological research
institution with experts in the subject area in question or in a similar
subject area as well as proper experience in archaeological practice; and

    (4) there are reliable measures for the protection of the excavated
cultural relics.

    Article 9  The State Bureau of Cultural Relics shall subject an
application of a foreign party to an preliminary examination in conjunction
with the Chinese Academy of Social Sciences, and then, in accordance with the
relevant provisions of the State, transfer the application to the relevant
departments in charge of national defence, foreign affairs, public security,
national security and others for further examination, if it is found
satisfactory through the examination, the State Bureau of Cultural Relics
shall submit the application to the State Council for special approval.

    Article 10  After the special approval is granted by the State Council to
a project of collaboration for archaeological investigation, exploration or
excavation, an agreement shall be signed by the two parties in collaboration
on the specific matters of the approved project.

    Article 11  If the cultural relics or natural specimens obtained in an
archaeological investigation, exploration or excavation conducted in
collaboration need to be sent outside the Chinese boundaries for laboratory
test or technical appraisement, the matter shall be submitted to the State
Bureau of Cultural Relics for approval. The original specimens, except for
the consumption involved in the test or appraisement, shall all be
transported back to China thereafter.

    Article 12  Foreign students in China (including undergraduates,
postgraduates and visiting scholars) and foreign researchers whose authorized
period of stay for archaeological study or research in China is over one year
may join in  company with the unit where they study in activities of
archaeological investigation, exploration or excavation conducted by a
Chinese party exclusively or in collaboration with a foreign party, subject
to the approval by the State Bureau of Cultural Relics according to the
request made by the unit where they study or do research work with a prior
consent of the relevant unit of archaeological investigation, exploration or
excavation.

    Article 13  Any visit by a foreigner, a foreign organization or an
international organization to a cultural relics site within the Chinese
boundaries not yet open to public visitors can be conducted, if in areas open
to foreigners, only after the programme for the visit has been submitted one
month before by the department for the administration of cultural relics of
the province, autonomous region or municipality directly under the Central
Government where the cultural relics site is located or by the host central
governmental  department and the unit directly under it to the State Bureau
of Cultural Relics and after an approval has been obtained therefrom and, if
in areas not open to foreigners, only after the programme for the visit has
been submitted one month before by the department for the administration of
cultural relics of the province, autonomous region or municipality directly
under the Central Government where the cultural relics site is located or by
the host central governmental department and the unit directly under it to
the State Bureau of Cultural Relics and after an approval has been obtained
therefrom and, upon the completion of the necessary procedures at the
relevant department in accordance with the pertinent provisions governing
foreignrelated matters.

    Any visit to an archaeological site under excavation shall be made only
when the unit in charge of the excavation has been duly consulted by the host
unit and an approval has been obtained from the State Bureau of Cultural
Relics.

    During such visits, any foreigner, foreign organization or international
organization may not collect any cultural relics or natural specimen or make
any archaeological recording.

    Article 14  The State Bureau of Cultural Relics is enpost_titled to make
inspections on the operation of the archaeological investigation, exploration
or excavation conducted in collaboration and may suspend the operation if it
fails to comply with the provisions of the Operation Procedures for Field
Archaeology or to meet other relevant technical requirements and demand a
rectification within a time|limit.

    Article 15  In case of a violation of the provisions of Articles 6, 7, 8,
10 or 11 of these Measures, a warning, suspension of operation, cancellation
of the project, a fine of 1,000 to 10,000 yuan (RMB), confiscation of the
cultural relics illegally obtained or a compensation for the damages may be
enforced by the State Bureau of Cultural Relics according to the seriousness
of the case.

    Article 16  In case of an unauthorized admittance of foreign students or
researchers by a unit to the activities of archaeological investigation,
exploration or excavation or an unauthorized extension of their working
period, in violation of the provisions of Article 12 of these Measures, the
State Bureau of Cultural Relics may issue a warning or suspend the
qualifications of the unit in question for conducting team archaeological
excavation.

    Article 17  In case of an unauthorized visit to a site of cultural relics
or an unauthorized collection of cultural relics and natural specimens or
unauthorized archaeological recording in violation of the provisions of
Article 13 of these Measures by any foreigner, foreign organization or
international organization, the department for the administration of cultural
relics may stop their visit, confiscate the cultural relics and natural
specimens so collected as well as the archaeological recording.

    Article 18  Any violation of the provisions of these Measures that
constitutes an  offence  against the public security management shall be
punished in accordance with the Regulations of the People’s Republic of China
on the Administrative Penalties for Public Security. In case it constitutes a
crime, criminal responsibility shall be investigated according to law.

    Article 19  Archaeological investigation, exploration or excavation
conducted by archaeological team from Taiwan, Hong Kong or Macao in
collaboration with unit from the mainland of China may be governed with
reference to these Measures.

    Article 20  Measures for the administration of foreign-related matters in
studies and scientific and technological protection of cultural relics shall
be formulated by the State Bureau of Cultural Relics in accordance with the
principles of these Measures.

    Article 21  The State Bureau of Cultural Relics shall be responsible for
the interpretation of these Measures.

    Article 22  These Measures shall become effective as of the date of
promulgation.






MEASURES OF THE PEOPLE’S BANK OF CHINA ON ADMINISTRATION OF THE ESTABLISHMENT OF RESIDENT REPRESENTATIVE OFFICES IN CHINA BY FOREIGN-CAPITAL FINANCIAL INSTITUTIONS

19960429

The People’s Bank of China

Measures of the People’s Bank of China on Administration of the Establishment of Resident Representative Offices in China by Foreign-capital
Financial Institutions

June 11, 1991

Article 1

These Measures are formulated for the purpose of regulating the control of resident representative offices in China of foreign-capital
financial institutions (hereinafter referred to as resident representative offices), in accordance with the Interim Provisions of
the State Council of the People’s Republic of China on Administration of Resident Representative Offices of Foreign Enterprises.

Article 2

Foreign-capital financial institutions mentioned in these Measures refer to foreign capital banks, securities companies, investment
companies, insurance companies, financial companies, credit card companies and financial leasing companies.

Article 3

A resident representative office is an agency of its head office, called the “such-and-such Representative Office”. Its principal
member in charge is called chief representative and other members are called representatives, advisers, assistants or secretaries.

Article 4

The People’s Bank of China (PBC) is the agency in charge of matters of examination and approval and of control in connection with
resident representative offices. Foreign-capital financial institutions can apply to PBC for establishment of resident representative
offices in the open cities of China in accordance with these Measures.

Article 5

A foreign-capital financial institution which applies for establishment of a resident representative office in China’s open cities
must submit to PBC the following documents and materials for the application:

(1)

written application signed by chairman of the board of directors or president of the head office of the applying institution and addressed
to the President of the People’s Bank of China;

(2)

a copy (or photocopy) of the license to do business or of the business registration certificate issued by the pertinent authorities
of the country or region where the applicant institution is located;

(3)

the articles of association of the applying institution’s head office and list of members of its board of directors or other similar
bodies;

(4)

annual reports of the applying institution of the last 3 years;

(5)

other documents and materials as PBC may require.

Except for the foregoing item (4), all documents and materials listed in the above paragraphs originally written in foreign languages
must have their Chinese translations attached.

A foreign-capital financial institution applying to set up a resident representative office in Beijing must submit its application
documents and materials to the Head Office of PBC while an application for the establishment of such an office in other cities shall
be submitted to the local branches of PBC which, after examination of the applicant’s paper, shall report to the PBC Head Office.

Article 6

PBC, within 3 months of receiving the application papers from a foreign-capital financial institution, shall decide whether to accept
its application or not. If an application is accepted, the applicant shall be issued a “Form of Application for Establishing Resident
Representative Offices in China by Foreign-capital Financial Institutions”. If no confirmation has been received from PBC after the
three-months period, the application is deemed automatically invalidated.

A foreign-capital financial institution must, within 2 months of receiving the “Form of Application for Establishing Resident Representative
Offices in China by Foreign-capital Financial Institutions” from PBC, submit to its Head Office for examination and approval the
filled out Form, together with the certificate of authority signed by the applicant’s chairman of the board of directors or president
for the chief representative of the resident representative office and the personal resumes of the chief and other representatives.

The Head Office of PBC, after approving the establishment in China of a resident representative office of a foreign-capital financial
institution, shall issue a certificate of approval to the applicant.

Article 7

Having obtained permission to set up a resident representative office in China, the foreign-capital financial institution must, in
conformity with relevant regulations of the country, go to the industrial and commercial administrative office and public security
office of the locality of the resident representative office to present the certificate of approval issued by PBC and perform the
procedures of business registration and residence registration for its staff members and their relatives. It shall also open a bank
account with a local state specialized bank and perform tax registration procedures at the local tax office.

Article 8

The work of a resident representative office falls within the scope of non-profit activities such as consultation, liaison and market
investigation. In its performance of duties, the resident representative office is not allowed to engage in business operations on
behalf of its home institution’s head office or agencies, including those in China.

Article 9

For a change of the chief representative of the resident representative office, it must present to the Head Office of PBC a letter
requesting approval of the change signed by the chairman of its board of directors or president and the documents authorizing the
appointment of a new chief representative and giving a resume of his biography. The change has to be approved by the PBC Head Office.

For and addition to or a change in the representatives, assistants and employees of foreign nationalities or from Hong Kong and Macao
in the Beijing based resident representative office, it must present to the Head Office of PBC a letter requesting approval of such
personnel changes signed by the officer in charge of the pertinent department of its head office and personal resumes of the newly
appointed personnel, the personnel changes have to be approved by the PBC Head Office.

For similar personnel changes in resident representative offices in other cities than Beijing, the offices concerned must present
the same kinds of documents as in the case of Beijing based office to the local branches of PBC, which shall approve the requested
personnel changes and report them to the PBC Head Office for record.

Article 10

For employment of Chinese citizens inside the country to work as advisers, secretaries, translators or ordinary workers at the recommendation
of Chinese foreign affairs service units, the resident representative office must report to the Head Office or local branches of
PBC the name list of the employed Chinese citizens and their resumes for record. Those whose employment is not reported for the record
are not allowed to work for the resident representative office.

Article 11

For a change of its name, the resident representative office must present to PBC a letter requesting approval of the change signed
by the chairman of the board of directors or president of its head office. On obtaining approval by the Head Office of PBC, the resident
representative office shall present the certificate of approval to the local industrial and commercial administrative office and
perform the formalities for a change in the registration.

Article 12

For a change of office location, the resident representative office shall present to PBC a letter requesting approval signed by its
officer in charge. On obtaining approval by PBC, the resident representative office shall present the certificate of approval to
the local industrial and commercial administrative office and perform for formalities for a change in the registration.

For a change of office location, the resident representative office based in Beijing shall report to the Head Office of PBC for approval
while resident representative offices located in other cities shall report to the local branches of PBC for approval.

Article 13

The chief representative of a resident representative office should reside in China to take charge of its routine work. If the chief
representative leaves China for more than 1 month or if he is unable to regularly stay in China to take charge of its routine work,
he should appoint in advance a special person to act for him and send the letter of appointment to the Head Office of PBC or a local
branch of PBC for record.

Article 14

Resident representative offices shall, before the end of February each year, present to PBC reports of their work in the previous
year. The reports must be made in Chinese in the forms specified by PBC, and truly reflect the offices’ work in China.

The resident representative office in Beijing should send its report to the Head Office of PBC while the resident representative offices
in other cities should send their reports to the local branches of PBC which will forward the reports to their Head Office.

Article 15

If a foreign-capital financial institution decides to withdraw its resident representative office in China, it must present in advance
a letter requesting approval signed by its head office to PBC. With approval from the Head Office of PBC, it shall proceed with the
cancellation of registration at the relevant office. It’s head office shall bear responsibility for any unsettled matters the resident
representative office involved in.

Article 16

The Head Office of the PBC is responsible for the supervision, inspection and regulation of the resident representative office stationed
in Beijing while it authorizes its branches to exercise supervision, inspection and regulation of the local resident representative
offices in other cities.

Article 17

The resident representative offices must abide by Chinese laws and regulations and these Measures. If a resident representative office
violates these Measures, the Head Office of PBC and its local branches have the right to take up the matter with the resident representative
office involved in.

Article 18

These Measures are applicable to the financial institutions registered in Hong Kong, Macao and Taiwan for their establishment of resident
representative offices.

Article 19

These Measures shall enter into force as of the date of promulgation. The Measures of the People’s Bank of China on Administration
of the Establishment of Resident Representative Offices in China by Overseas-Chinese-capital and Foreign-capital Financial Institutions
promulgated by the People’s Bank of China on February, 1983 are repealed simultaneously.



 
The People’s Bank of China
1991-06-11

 







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...