China Laws

PROTECTION OF WILDLIFE

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

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

CHAPTER I GENERAL PROVISIONS

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

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

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

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

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

Article 3 Wildlife resources shall be owned by the state.

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

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

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

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

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

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

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

CHAPTER II PROTECTION OF WILDLIFE

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

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

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

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

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

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

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

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

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

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

CHAPTER III ADMINISTRATION OF WILDLIFE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER IV LEGAL RESPONSIBILITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER V SUPPLEMENTARY PROVISIONS

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

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

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

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

Source:China Internet Information Center

EDITOR:Victor

PREVENTION AND TREATMENT OF INFECTIOUS DISEASES

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

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II PREVENTION

CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION

CHAPTER IV CONTROL

CHAPTER V SUPERVISION

CHAPTER VI LEGAL LIABILITIES

CHAPTER VII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

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

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

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

A Class infectious diseases shall include plague and cholera.

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

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

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

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

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

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

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

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

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

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

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

CHAPTER II PREVENTION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION

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

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

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

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

CHAPTER IV CONTROL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER V SUPERVISION

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

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

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

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

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

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

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

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

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

CHAPTER VI LEGAL LIABILITIES

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

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

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

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

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

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

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

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

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

CHAPTER VII SUPPLEMENTARY PROVISIONS

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

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

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

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

(Effective Date:1990.03.03–Ineffective Date:)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II REPORT

CHAPTER III INVESTIGATION

CHAPTER IV HANDLING OF ACCIDENTS

CHAPTER V MEDIATION

CHAPTER VI PENALTIES

CHAPTER VII SPECIAL PROVISIONS

CHAPTER VIII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

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

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

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

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

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

(1) Collision, strike or damage by waves;

(2) Hitting hidden rocks or running aground;

(3) Fire or explosion;

(4) Sinking;

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

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

CHAPTER II REPORT

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

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

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

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

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

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

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

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

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

(3) When and where the accident happened;

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

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

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

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

(8) Other information related to the accident.

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

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

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

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

CHAPTER III INVESTIGATION

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

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

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

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

(1) Question the persons concerned;

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

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

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

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

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

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

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

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

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

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

CHAPTER IV HANDLING OF ACCIDENTS

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

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

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

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

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

(4) Causes of the accident and evidences thereof;

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

(6) Other relevant information.

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

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

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

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

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

CHAPTER V MEDIATION

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

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

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

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

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

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

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

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

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

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

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

CHAPTER VI PENALTIES

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

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

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

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

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

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

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

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

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

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

CHAPTER VII SPECIAL PROVISIONS

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

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

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

CHAPTER VIII SUPPLEMENTARY PROVISIONS

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

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

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

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

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

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

(Effective Date:1991.05.17–Ineffective Date:)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) not having personal interests in the accident.

Article 12 The functions of the investigation group are:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

REGULATIONS ON THE PROTECTION OF TYPES OF TRADITIONAL CHINESE MEDICINE

Category	PUBLIC HEALTH AND MEDICINE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1992-10-14	Effective Date	1993-01-01

Regulations on the Protection of Types of Traditional Chinese Medicine

Chapter I  General Provisions
Chapter II  Classification and Approval for the Protection of Types of
Chapter III  Protection of Protected Types of Traditional Chinese Medicine
Chapter IV  Penalties
Chapter V  Supplementary Provisions

(Promulgated by Decree No.106 of the State Council of the People’s

Republic of China on October 14, 1992, and effective as of January 1, 1993)
Chapter I  General Provisions

Article 1 These Regulations are formulated for the purposes of improving
the quality of types of traditional Chinese medicine, protecting the
legitimate rights and interests of traditional Chinese medicine producing
enterprises, and promoting the development of traditional Chinese medicine.

Article 2 These Regulations apply to types of traditional Chinese
medicine produced and manufactured within the territory of China, including
prepared traditional Chinese medicines, extracts and preparations from natural
medicinal materials, as well as artificial traditional Chinese medicines.

Those types of traditional Chinese medicine for which patents are applied
for shall be dealt with under the provisions of the Patent Law, and not under
these Regulations.

Article 3 The State encourages research and development of types of
traditional Chinese medicine with clinical effects, and practises a
classification protection system for types of traditional Chinese medicine
with reliable quality and certain curative effects.

Article 4 The administrative department of public health under the State
Council shall be responsible for the supervision and control of the protection
of types of traditional Chinese medicine throughout the country. The State
competent authority for the production and trading of traditional Chinese
medicine shall assist the administrative department with the control of the
protection of types of traditional Chinese medicine throughout the country.
Chapter II Classification and Approval for the Protection of Types of
Traditional Chinese Medicine

Article 5 Types of traditional Chinese medicine under the protection of
these Regulations must be those listed in the national pharmaceutical
standards. Upon the determination of the administrative department of public
health under the State Council, protection of types of traditional Chinese
medicine listed in the pharmaceutical standards of provinces, autonomous
regions and municipalities directly under the Central Government may be
applied for.

The protection of types of traditional Chinese medicine shall consist of
first class protection and second class protection.

Article 6 For types of traditional Chinese medicine which conform to any
of the following conditions, first class protection may be applied for.

(1) having special curative effects for a certain disease;

(2) artificial medicines prepared from varieties of wild medicinal
materials analogously under first class protection; or

(3) used for the prevention and cure of special diseases.

Article 7 For types of traditional Chinese medicine which conform to any
of the following conditions, second class protection may be applied for.

(1) conforming to the provisions of Article 6 in these Regulations, or
having once been listed under first class protection but now being cancelled;

(2) having outstanding curative effects for a certain disease; or

(3) effective substances and special preparations extracted from natural
medicinal materials.

Article 8 New medicines approved by the administrative department of
public health under the State Council shall be protected within a period of
protection as described by the administrative department. For those of them
which conform to the provisions of Article 6 or 7 in these Regulations, an
application for the renewal of the protection may, six months before the
expiration date of protection approved by the administrative department of
public health under the State Council, be offered according to the provisions
of these Regulations.

Article 9 Procedures for handling applications for the protection of
types of traditional Chinese medicine are as follows:

(1) Any traditional Chinese medicine producing enterprise may, if it
thinks that the type of traditional Chinese medicine it produces conforms to
the provisions of Article 5, 6, 7 or 8 in these Regulations, apply for
protection with the local competent authority for the production and trading
of traditional Chinese medicine in the province, autonomous region or
municipality directly under the Central Government. The local competent
authority for the production and trading of traditional Chinese medicine shall
write down its comments on the application, then transmit it to the
administrative department of public health at the same level, which shall make
a preliminary examination and write down its comments and submit the
application, with comments, to the administrative department of public health
under the State Council. Under special circumstances, a traditional Chinese
medicine producing enterprise may directly apply to the State competent
authority for the production and trading of traditional Chinese medicine which
shall write down comments on the application and transmit it to the
administrative department of public health under the State Council, or may
directly apply to the administrative department of public health under the
State Council.

(2) The State examination and evaluation committee for the protection of
types of traditional Chinese medicine shall, under the authorization of the
administrative department of public health under the State Council, be
responsible for the examination and evaluation of the types of traditional
Chinese medicine for which the protection is applied for. The committee shall
provide an examination and evaluation conclusion within six months as of the
date of receiving an application.

(3) Based on the conclusion of the State examination and evaluation
committee for the protection of types of traditional Chinese medicine, the
administrative department of public health under the State Council shall, in
consultation with the State competent authority for the production and trading
of traditional Chinese medicine, decide whether or not to grant the protection
thereto. For the types of traditional Chinese medicine of which the protection
has been approved, the administrative department of public health under the
State Council shall issue a Certificate of Protection of Types of Traditional
Chinese Medicine.

The administrative department of public health under the State Council
shall be responsible for the formation of the State examination and evaluation
committee for the protection of types of traditional Chinese medicine, members
of which shall, in consultation with the State competent authority for the
production and trading of traditional Chinese medicine, be appointed from
experts in the field of medical service, scientific research, inspection, as
well as trading and management of traditional Chinese medicine.

Article 10 Any enterprise applying for protection of types of traditional
Chinese medicine shall provide the State examination and evaluation committee
for the protection of types of traditional Chinese medicine with complete sets
of materials as required by the administrative department of public health
under the State Council.

Article 11 The administrative department of public health under the State
Council shall make announcements in the designated professional newspapers and
periodicals regarding the types of traditional Chinese medicine to which
protection has been granted or those for which the period of protection has
expired.
Chapter III Protection of Protected Types of Traditional Chinese Medicine

Article 12 The period of protection for types of traditional Chinese
medicine is as follows:

The period of first class protection is thirty years, twenty years and ten
years respectively.

The period of second class protection is seven years.

Article 13 Within the period of protection, the prescriptions and
pharmaceutical techniques of types of traditional Chinese medicine under first
class protection shall be kept secret and shall not be published by the
producing enterprises having been granted the Certificate of Protection of
Types of Traditional Chinese Medicine, the competent authorities for the
production and trading of traditional Chinese medicine, the administrative
departments of public health, and other units or individuals concerned.

Departments, enterprises and units concerned which have the duty to keep
secrets shall set up necessary security systems as required by the State.

Article 14 Transfer to any foreign country of prescriptions and
pharmaceutical techniques of types of traditional Chinese medicine under first
class protection shall be dealt with according to the relevant State
provisions of security.

Article 15 Where, due to special circumstances, it is necessary to extend
the period of protection of a type of traditional Chinese medicine under first
class protection, the producing enterprise shall, six months before the
expiration date of protection, submit an application for extension according
to the procedures described in the Article 9 of these Regulations. The
extended period of protection shall be decided by the State examination and
evaluation for the protection of types of traditional Chinese medicine,
however, an extension approved each time shall not exceed the period of
protection granted for the first time.

Article 16 The period of protection of types of traditional Chinese
medicine under second protection may be extended for seven years upon
expiration.

If it is necessary to extend the period of protection of a type of
traditional Chinese medicine under second class protection, the producing
enterprise shall, six months before the expiration date of protection, submit
an application for extension according to the procedures described in the
Article 9 of these Regulations.

Article 17 The production of protected types of traditional Chinese
medicine within the period of protection shall be restricted to enterprises
which have been granted the Certificate of Protection of Types of Traditional
Chinese Medicine, unless otherwise provided for in Article 19 of these
Regulations.

Article 18 Where more than one enterprises produce a type of traditional
Chinese medicine under protection before the protection is granted by the
administrative department of public health under the State Council, those
enterprises who have not applied for the Certificate of Protection of Types of
Traditional Chinese Medicine shall, within six months as of the date of
announcement, report the case to the administrative department of public
health under the State Council and provide relevant materials according to the
provisions of Article 10 of these Regulations. The administrative department
of public health under the State Council shall designate a pharmaceutical
inspection institution to inspect the quality of the reported type of medicine
as has been done with the type under protection. Based on the inspection, the
administrative department of public health under the State Council may take
the following measures:

(1) If it is up to the national pharmaceutical standards, the Certificate
of Protection of Types of Traditional Chinese Medicine shall be issued through
consultation with the State competent authority for the production and trading
of traditional Chinese medicine.

(2) If it is below the national pharmaceutical standards, the registered
document of approval of this type of traditional Chinese medicine shall be
revoked according to the laws and regulations governing pharmaceutical
administration.

Article 19 For protected types of traditional Chinese medicine in short
supply for clinical needs, the administrative departments of public health in
provinces, autonomous regions and municipalities directly under the Central
Government shall, as proposed by the State competent authority for the
production and trading of traditional Chinese medicine, and with the approval
of the administrative department of public health under the State Council,
issue registered documents of approval to the enterprises which produce in
their localities the same types of traditional Chinese medicine as the
protected types for imitation. The imitation enterprises shall pay reasonable
use fees to the enterprises who hold the Certificate of Protection of Types of
Traditional Chinese Medicine and transfer the prescriptions and pharmaceutical
techniques of the protected types. The amounts of the use fees shall be
decided by the two sides through consultation. If the two sides fail to reach
an agreement, the administrative department of public health under the State
Council shall make a ruling.

Article 20 Enterprises producing protected types of traditional Chinese
medicine and the competent authorities for the production and trading of
traditional Chinese medicine shall improve conditions of production and the
qualities of the protected types as required by the administrative departments
of public health in provinces, autonomous regions and municipalities directly
under the Central Government.

Article 21 Registration of protected types of traditional Chinese
medicine within the period of protection in any foreign country shall be
subject to the approval of the administrative department of public health
under the State Council.
Chapter IV Penalties

Article 22 If anyone divulges secrets in violation of the provisions of
Article 13 of these Regulations, the unit to which he belongs or the higher
authority shall impose upon him disciplinary sanctions. If a crime has been
constituted, criminal liability shall be investigated according to laws.

Article 23 If anyone, in violation of the provisions of Article 17 of
these Regulations, imitates a protected type of traditional Chinese medicine
without approval, the administrative departments of public health at or above
the county level shall punish him as a producer of fake medicines.

If anyone fabricates the Certificate of Protection of Types of Traditional
Chinese Medicine and relevant certification documents to produce and sell
medicines, the administrative departments of public health at or above the
county level shall confiscate all medicines involved and illegal gains, and
may concurrently fine him not more than three times the prices of the standard
equivalents of medicines involved.

If the aforesaid acts have constituted crimes, the judicial organs shall
investigate for criminal liabilities.

Article 24 A party who refuses to accept the decision of punishment made
by the administrative departments of public health may apply for
administrative reconsideration or institute administrative proceedings
according to the relevant provisions of laws and administrative regulations.
Chapter V Supplementary Provisions

Article 25 Requirements and application forms for the protection of types
of traditional Chinese medicine shall be decided by the administrative
department of public health under the State Council.

Article 26 The administrative department of public health under the State
Council shall be responsible for the interpretation of these Regulations.

Article 27 These Regulations shall come into effect on January 1, 1993.

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE POLICE RANKS OF THE PEOPLE’S POLICE

Regulations of the People’s Republic of China on the Police Ranks of the People’s Police



	(Adopted at the 26th Meeting of the Standing Committee of the Seventh National People’s Congress on July 1, 1992 and promulgated by Order No.59 of the President of the People’s Republic of China on July 1, 1992) Contents Chapter I General Provisions Chapter II Classification of the Police Ranks Chapter III Initial Conferment of the Police Ranks Chapter IV Promotion of the Police Ranks Chapter V Retention, Demotion and Deprivation of the Police Ranks Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Constitution, with a view to strengthening the revolutionization, modernization and standardization of the contingent of the people’s police, enhancing their sense of responsibility, sense of honour and sense of discipline and facilitating their command and management as well as the performance of their duty. Article 2 A system of police ranks shall be practised for the people’s police. The police ranks of the Chinese People’s Armed Police Force shall be governed by the provisions of Article 32 of the Regulations on the Military Ranks of Officers of the Chinese People’s Liberation Army. Article 3 The police ranks are post_titles and insignias that mark off the different ranks and status of the people’s police and represent the honour the State bestows on them. Article 4 The police ranks of the people’s police shall follow a scheme of police ranks graded in correspondence with post levels. Article 5 The people’s police with higher police ranks shall be the superiors of those with lower ranks. Where a policeman(woman) with a higher rank is subordinate, in respect of post, to a policeman(woman) with a lower rank, the latter shall be the superior. Article 6 The Ministry of Public Security shall be in charge of the work concerning the police ranks. Chapter II Classification of the Police Ranks Article 7 The police ranks of the people’s police are classified into the following five ranks with thirteen classes: (1) Commissioner-General, Deputy Commissioner-General; (2) Commissioner: First Class, Second Class, Third Class; (3) Supervisor: First Class, Second Class, Third Class; (4) Superintendent: First Class, Second Class, Third Class; (5) Constable: First Class, Second Class. The police ranks of the people’s police holding specialized and technical posts shall be preceded by “specialized and technical.” Article 8 The police ranks corresponding to the different levels of administrative posts held by the people’s police shall follow the below scheme: (1) Post at the level of minister: Commissioner-General; (2) Post at the level of vice-minister: Deputy Commissioner-General; (3) Post at the level of director of department: Commissioner First Class or Commissioner Second Class; (4) Post at the level of deputy director of department: Commissioner Second Class or Commissioner Third Class; (5) Post at the level of director of division: from Commissioner Third Class down to Supervisor Second Class; (6) Post at the level of deputy director of division: from Supervisor First Class down to Supervisor Third Class; (7) Post at the level of chief of section: from Supervisor First Class down to Superintendent First Class; (8) Post at the level of deputy chief of section: from Supervisor Second Class down to Superintendent Second Class; (9) Post at the level of section staff (Sergeant): from Supervisor Third Class down to Superintendent Third Class; (10) Post at the level of office clerk (Constable): from Superintendent First Class down to Constable Second Class. Article 9 The police ranks corresponding to the different levels of specialized and technical posts held by the people’s police shall follow the below scheme: (1) Senior specialized and technical posts: from Commissioner First Class down to Supervisor Second Class; (2) Intermediate specialized and technical posts: from Supervisor First Class down to Superintendent Second Class; (3) Junior specialized and technical posts: from Supervisor Third Class down to Constable First Class. Chapter III Initial Conferment of the Police Ranks Article 10 The police ranks shall be conferred on the people’s police according to the scheme of ranks graded in correspondence with post levels. Article 11 The conferment of a police rank shall go by the conferee’s present post, political integrity, ability, period of holding the present post as well as seniority. Article 12 The people’s police recruited from school graduates, or from the society through examinations, or transferred from other departments shall be conferred on the police ranks that correspond to their respective posts assigned to. Article 13 The initial conferment of the police ranks on the people’s police shall be approved according to the limits of authority prescribed as follows: (1) Ranks of Commissioner-General, Deputy Commissioner-General, Commissioner First Class and Commissioner Second Class shall be subject to the approval of and be conferred by the Premier of the State Council; (2) Ranks of Commissioner Third Class and Supervisors shall be subject to the approval of and be conferred by the Minister of Public Security; (3) Ranks of Superintendents shall be subject to the approval of and be conferred by the directors of the public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government. (4) Ranks of Constables shall be subject to the approval of and be conferred by the directors of the political departments of the public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government. The ranks of Superintendents and Constables in the offices of the Public Security Ministry as well as organs under its direct jurisdiction shall be subject to the approval of and be conferred by the Director of the Political Department of the Public Security Ministry. Chapter IV Promotion of the Police Ranks Article 14 The people’s police with ranks of no higher than Supervisor Second Class shall be promoted within the range of the police ranks corresponding to their post levels and according to the intervals and qualifications prescribed in this Article. Intervals for promotion in ranks : each promotion to the next higher class requires an interval of three years for those holding ranks from Constable Second Class to Superintendent First Class; each promotion to the next higher class requires an interval of four years for those holding ranks from Superintendent First Class to Supervisor First Class. The periods during which the people’s police receive in-service training in schools or academies shall be included in the intervals for the promotion in their ranks. Qualifications for promotion in ranks: (1) implementation of laws, regulations and policies of the State, and observance of laws and discipline; (2) competence for the post; (3) maintenance of close ties with the masses, honesty in performing official duties, and decency and uprightness. At the end of an interval for promotion, those who are qualified for promotion after appraisal shall be promoted to the next higher class; those who are not qualified for promotion shall receive a deferred promotion. Those who have rendered outstanding services may be promoted ahead of time. Article 15 Selective promotion in the police ranks for the people’s police with ranks of Supervisor First Class or above shall be conducted within the range of the police ranks corresponding to their post levels and in the light of their political integrity and ability, as well as their actual performance. Article 16 Where, because of promotion in post, the police rank of a people’s policeman(woman) is lower than the minimum rank prescribed in the scheme for his or her new post, he or she shall be promoted to that minimum rank correspondingly. Article 17 Superintendents may be promoted to Supervisors, and Supervisors to Commissioners only when they have received appropriate training in relevant people’s police schools or academies and proved qualified thereafter. Article 18 The limits of authority for approving promotions in the police ranks of the people’s police shall be governed by the provisions regarding the limits of authority for approving conferment prescribed in Article 13 herein. Where Superintendents and Constables are promoted ahead of time, the promotion shall be subject to the approval of the Director of the Political Department of the Public Security Ministry. Chapter V Retention, Demotion and Deprivation of the Police Ranks Article 19 The people’s police who have retired, as or not as veteran cadres, may retain their police ranks, but shall not wear the insignias thereof. The people’s police who are transferred out of their post as police, or resign from or quit their office shall not retain their police ranks. Article 20 When a people’s policeman(woman) is demoted to a lower post for his or her incompetence at the current post, and, if his or her police rank is higher than the maximum rank as prescribed in the scheme for his or her new post, his or her rank shall be adjusted to that maximum rank correspondingly. The limits of authority for approving such rank adjustment shall be the same as those for approving the original rank. Article 21 The people’s police who violate the police discipline may be punished with a demotion in the police ranks. The limits of authority for approving such demotion in ranks shall be the same as those for approving the original rank. Once a people’s policeman(woman) is punished with a demotion in rank, the interval for his or her promotion in the police ranks shall be computed anew on the basis of the police rank he or she holds after demotion. Demotion in the police ranks of the people’s police shall not be applied to Constables Second Class. Article 22 The people’s police who are expelled from public service shall be deprived of their police ranks accordingly. The people’s police who commit crimes and are sentenced to deprivation of political rights or to fixed-term imprisonment or more serious criminal punishments shall be deprived of their police ranks accordingly. The provisions in the preceding paragraph shall apply to the retired people’s police who commit crimes. Chapter VI Supplementary Provisions Article 23 These Regulations shall apply to the police ranks of the people’s police who work in the State security departments and the reform-through-labour and rehabilitation-through-labour institutions, as well as to the judicial police in the people’s courts and the people’s procuratorates. The limits of authority for approving conferment of and promotion in the police ranks of the people’s police in the State security departments and the reform-through-labour and rehabilitation-through-labour institutions shall be prescribed by the State Council. The limits of authority for approving the conferment of and promotion in the police ranks of the judicial police shall be prescribed by the Supreme People’s Court and the Supreme People’s Procuratorate with reference to these Regulations. The police rank system shall not be practised for the personnel who do not hold police posts in the public security departments, the State security departments, and the reform-through-labour and rehabilitation-through-labour institutions. Article 24 The patterns of the insignias for the police ranks and the way of wearing them shall be drawn up by the State Council. Article 25 The measures for the implementation of these Regulations shall be formulated by the State Council. Article 26 These Regulations shall go into effect as of the date of promulgation.

CIRCULAR OF THE STATE COUNCIL CONCERNING THE IMPLEMENTATION OF THE PLAN FOR A NEW NATIONAL ECONOMIC ACCOUNTING SYSTEM

Category	STATISTICS	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1992-08-30	Effective Date	1992-08-30

Circular of the State Council Concerning the Implementation of the Plan for a New National Economic Accounting System

(August 30, 1992)

Since our country’s reform and opening up, the national economy has
developed with great strides. The economic structures have been adjusted
greatly. A deepgoing change has taken place in the economic system and
economic mechanism. Economic relations and technological exchange with foreign
countries are expanding day by day. The original national economic accounting
system based on the economy of products is becoming more and more incompatible
with the requirements for the development of a socialist commodity economy.
The urgent need to establish a complete set of new national economic
accounting rules which are suitable to China’s conditions must be met, in
order to grasp the national economic operations as a whole, strengthen the
macroeconomic regulation, lead the economic work firmly onto a track of
adjusting economic structures and improving efficiency, use scientific methods
for policy-making, and promote the development of the national economy in a
sustained, stable and coordinated way.

The Decision of the State Council on Strengthening the Statistical Work in
January of 1984 provided that a unified and scientific national economic
accounting system should be established. Since then, we have made a prolonged
effort and now are almost ready to launch a new national economic accounting
system. For several years, the State Statistical Bureau has cooperated with
departments concerned, higher learning bodies and scientific research
institutions in researching into theories, designing methods, conducting
experiments, making trial calculations and doing other relevant work so that
the Plan for the National Economic Accounting System of China (For Trial
Implementation) has been drawn up and approved upon the justification of
departments concerned and experts in different fields. This plan for a new
accounting system is based on the reproduction theory of Marxism, suited to
our country’s actual conditions and combined with scientific accounting
methods and helpful experiences throughout the world. With better usefulness
and having proved to be practical through experiments and trial calculations
in some places, this plan can be put into operation.

Accordingly, the State Council has decided to implement the plan for a new
national economic accounting system by two stages beginning this year. In the
first stage, the framework of the new accounting system shall be formed
respectively at the national and provincial levels within this year and the
next, in order to realize a preliminary transition. In the second stage, a
total transition to the new national economic accounting system shall have
been basically finished by the beginning of the year 1995. The first stage is
of crucial importance. The main target of the first stage is to establish
basic accounting statements for the new accounting system. That is, data for
the year 1992 shall be used to work out the statement for domestic output
value and its usage, statement for input and output, statement for flow of
capital and statement for balance of payments, with a view of reflecting the
national economic operations in a comprehensive and systematic way. To reach
the target during the second stage is to work out all statements and accounts
for the new accounting system more accurately and more completely, and to
establish corresponding statistical indexes, statistical classifications and
database systems.

The implementation of the plan for a new national economic accounting
system should be considered as a major reform of the old accounting system and
an important measure to improve the macro-decision and macro-control process,
and to promote the deepening of reforms and expansions. This task involves a
wide range of subjects, demands high-level technology and is more difficult to
accomplish. Localities and departments shall treat the task as their common
duty and shall join to accomplish it. Different departments shall closely
cooperate with each other to provide prompt data needed by the new national
economic accounting system in such fields as finance, statistics and industry,
and share information among them, while they shall reform their own accounting
systems as required by the new national economic accounting system. Localities
and departments shall make efforts to publicize the new national economic
accounting system and give professional training, do a good job to create the
fundamental conditions for statistical and accounting work, in order to lay a
firm foundation and create a proper environment for introducing the new
national economic accounting system. People’s governments at all levels shall
strengthen in real earnest their leadership over the task and lend necessary
support thereto by providing personnel and allocating funds.

Measures for the implementation of the plan for the new national economic
accounting system shall be separately formulated and published by the State
Statistical Bureau in consultation with other relevant departments.

NOTICE OF THE STATE COUNCIL ON THE APPROVAL AND TRANSMISSION OF THE VIEWS ON FURTHER ENHANCING TELECOM SERVICE MARKET MANAGEMENT BY THE MINISTRY OF POSTS AND TELECOMMUNICATIONS

Category	POSTS AND TELECOMMUNICATIONS	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1993-08-03	Effective Date	1993-08-03

Notice of the State Council on the Approval and Transmission of the Views on Further Enhancing Telecom Service Market Management by the Ministry of Posts and Telecommunications

VIEWS ON FURTHER ENHANCING TELECOM SERVICE MARKET MANAGEMENT

(August 3, 1993)

The State Council has endorsed the “Views on Further Enhancing Telecom
Service Market Management” by the Ministry of Posts and Telecommunications, which is hereby
transmitted to you for conscientious implementation.
VIEWS ON FURTHER ENHANCING TELECOM SERVICE MARKET MANAGEMENT

To adapt to the needs of reform, openness and socialist modernization
drive, facilitate and serve the central task of economic construction, the
Ministry of Posts and Telecommunications (MPT) must work hard to build a
unified, complete and advanced national communications network, while fully
tapping the potential of all the dedicated networks and bringing into play the
initiative of all sectors, in an effort to expedite the development of
communications.

China has in recent years opened to public some of the telecom services
which include radio paging, 800 MHz trunking telephone service, 450 MHz radio
mobile communications, domestic VSAT communications, telephone information
service, computer information service, E-mail, electronic data interchange,
videotex and other telecom services approved by the State Council or the MPT.

It is necessary to enhance the management over the market of the telecom
services opened to competitive operation, in order to safeguard the normal
order of communications, ensure the communications security and service
quality of the state and users and create an environment of fair competition.
For this purpose, the following views are proposed:

1.Application and operation license systems shall be introduced for the
deregulated telecom services. All the applications for services operated
within provinces, autonomous regions and municipalities directly under the
Central Government shall be handled and approved by the local P&T
administrations which will verify and issue operation licenses and enter them
into the records of the MPT. The MPT is responsible for the application
handling and approval as well as license issuance for the inter-provincial
operations, inter-autonomous regional, inter-municipality operations directly
under the Central Government. No institutions and individuals are permitted to
operate the above services on their own without verification and
authorization. The MPT will formulate and promulgate detailed regulations
governing the enforcement of the application and operation license systems in
accordance with the above views. The institutions already engaged in the
operations of the above-mentioned services shall retroactively go through
relevant formalities as stipulated.

2.The institutions applying for the operation of radio communications
services shall apply to the MPT or the local P&T administrations within the
terms of reference whichever is appropriate as stipulated, for the operation
licenses with which they will obtain the frequencies from the radio
administrations before the start of operation.

3.Not permitted to establish regional blockade, the departments and
institutions with permission to operate above services shall abide by the
state policies and regulations on communications and be subject to the sector
management, supervision and examination exercised by the state communications
administration to ensure service quality. They should strictly follow the
state tariff policies and relevant standard on charges, pay taxes according to
law and safeguard the legitimate rights and interests of the users. Their
operations shall not impede the normal operations of the state public telecom
networks and communications construction, nor shall they hamper the normal
operations of other dedicated communications networks.

4.The state communications administration shall create an environment of
fair competition between the P&T enterprises and other enterprises also
engaged in communications services. Following the principle of use on a paid
and mutually beneficial and reciprocal basis, the P&T enterprises at all
levels should cooperate with each other in the light of supply and demand,
providing the institutions with telecom service operation licenses approved
and issued by the state communications administration with the basic trunking
equipment, lines, etc. necessary for service provision, in a bid to ensure
that they supply good telecom services to society at large.

5.Foreign enterprises are not allowed to operate or participate in the
operation of communications services within China. No organizations,
enterprises and individuals outside China nor the enterprises operating solely
with foreign investment, Sino-foreign joint ventures and cooperative
enterprises inside China are permitted to operate and participate in the
operation of wired and wireless communications services on the public and
dedicated communications networks within China. Neither shall foreign capital
be introduced in any way into the operation on a shareholding basis.

6.Supervision and inspection shall be conducted by the MPT and the P&T
administrations of all provinces, autonomous regions and municipalities
directly under the Central Government. The P&T enterprises and other telecom
service operators which violate the above regulations shall be given such
punishment as a warning, a notice of criticism, a deadline to correct the
wrong doing, an order to suspend operation, confiscation of the income from
illegal operations, an administrative fine and finally revocation of operation
licenses. The P&T administrations at all levels are by no means allowed to
take advantage of the right of license issuance for private gains and
back-door dealings which will result in stern punishment once discovered.

PROVISIONS OF THE STATE COUNCIL FOR FURTHER MAKING PERFECT ECONOMIC POLICY ON CULTURE

Category	CULTURE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1996-09-05	Effective Date	1996-09-05

Provisions of the State Council for Further Making Perfect Economic Policy on Culture

(September 5, 1996)

With a view to effectively strengthening the construction of socialist
spiritual civilization, facilitating the healthy development of cultural
undertakings, the State Council has decided to further make perfect economic
policy on culture so that while the state finance strengthens the investment
into cultural undertakings, other funding channels could be broadened and a
fund solicitation system with multi-funding channels which conforms with the
requirements of the socialist market economy could be erected step by step.

1. Levy of Cultural Undertaking Construction Fees

To lead and control the development of cultural undertakings, the state
shall from the date of January 1, 1996 and onward, levy cultural undertaking
construction fees nationwide except for localities where such fees have
already been collected:

(1) An amount of three percent of business income shall be levied as
cultural undertaking construction fees upon all profit-making song halls,
ballrooms, Karaoke rooms, music-and-tea rooms, and recreational places of
golf, billiards or bowling.

An amount of three percent of business profit shall be levied as cultural
undertaking construction fees upon all broadcasts, TV stations, newspapers,
journals, other advertisement-service-inclusive units and units that run
business of open place advertisement.

(2) Cultural undertaking construction fees shall be collected by local tax
organs simultaneously with business tax levied on entertainment and
advertisement services. Payment of cultural undertaking construction fees by
units attached to the central government or state organs shall, after being
collected by local tax organs, all be turned over to the central state
treasury. Payment of cultural undertaking construction fees by localities
shall all be turned over to provincial state treasuries.

(3) Cultural undertaking construction fees shall be subjected to financial
budget management. Specialized funds at both central and provincial levels
shall be set up, which should have their funds used in the construction of
cultural undertakings. Detailed procedures governing the management and
application of cultural undertaking construction fees shall be drafted by the
financial department in cooperation with other relevant administrative
departments.

2. Contributions to Cultural Undertakings Shall Be Encouraged

To encourage the financial support of social forces to cultural
undertakings, the following donations to cultural institutions by a taxpayer
through the administrative department in charge of culture or through
non-profit-making charity institutions established after authorization may,
subject to the examination of the competent tax organ, be deducted up to three
percent of annual taxable income when the taxpayer computes his taxable income.

(1) donations to key state symphony orchestras, ballet troupes, opera
troupes or Beijing opera troupes and other theatres performing national arts;

(2) donations to public welfare institutions such as libraries, museums,
science and technology centres, art galleries, revolutionary history
celebration halls;

(3) donations to major culture relics preservation units.

3. Financial and Tax Preferential Policies Shall Be Continuously Adopted

With the economic development and revenue increase, investment in cultural
undertakings shall be enlarged step by step. Preferential financial and tax
policies shall continue.

(1) During the Ninth-Five-Year period, the value-added tax imposed upon
publications of the seven categories described in the Provisions on continuing
Preferential Policy on Finance and Taxation for Propaganda and Cultural Units,
which was promulgated by the Financial Ministry and the State Tax
Administration through Financial and Tax document No.089 in 1994, and upon
publications sold by Xinhua bookstores at county level and below, and by rural
supply and marketing cooperatives shall continue to be subject to the
procedure of “collection first and refunding later”. Film studios established
after authorization by the State Council shall have their sales income of film
copies exempted from levy of value-added tax. Central and provincial financial
departments shall continue to approve the expense budget of propaganda and
cultural enterprises according to their actual payment of income tax in the
preceding year, and shall establish special funds for propaganda and culture
development. Central and provincial financial departments, shall, when making
a budget, continue to allocate part of the budget as special money for the
funds for propaganda and culture development.

Where the finance and taxation preferential policy is terminated due to
readjustment of tax system, financial departments at different levels shall,
through budget arrangement, solve consequent fund problems of propaganda and
culture units.

(2) Financial aid to the “Border Cultural Corridor of Ten Thousand Li”
shall be raised properly. Certain amount of minority nationality undertakings
funds and border construction funds shall be allocated for support to cultural
undertakings construction of remote border areas and minority nationality
areas.

4. Establishment and Improvement of Specialized Fund System

To promote the development of propaganda and cultural undertakings,
strengthen the competence of control, ensuringly satisfy major demands and
standardize the management of funds, the central and provincial governments
shall establish a sound specialized fund system.

Sources of the specialized funds include financial budget or
extra-budgetary funds such as fees collected according to the relevant state
regulations. The financial department shall make proper budgetary arrangement
for the specialized funds. Other relevant departments shall collect
extra-budgetary funds strictly according to corresponding regulations.
Presently, focus of the work shall be placed on improvement of the following
funds: Specialized funds for Propaganda and Culture Development, Specialized
Funds for Composition and Performance of Excellent Operas and Programmes,
National Specialized Funds for Development of Film Undertakings, Specialized
Funds for Development of Publishing Undertakings.

Specialized funds are part of financial resources, and shall be subject to
the relevant financial regulations and placed under a more sound system and
strengthened management. Specialized funds shall be specially used and
subjected to the supervision and check of financial and auditing departments.

1...193194195...212 Page 194 of 212

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PROVISIONS OF THE STATE COUNCIL FOR FURTHER MAKING PERFECT ECONOMIC POLICY ON CULTURE

CONSTITUTION ACT, 1982 – page 22

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

CONSTITUTION ACT, 1982 – page 17

CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

CONSTITUTION ACT, 1982 – page 11

CONSTITUTION ACT, 1982 – page 10

CONSTITUTION ACT, 1982 – page 9

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CONSTITUTION ACT, 1982 – page 7