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REGULATIONS ON THE IMPORT OF TECHNOLOGY TO THE XIAMEN SPECIAL ECONOMIC ZONE

Regulations on the Import of Technology to the Xiamen Special Economic Zone

    

(Effective Date 1984.07.14)

   Article 1. The present set of regulations is drawn up in accordance with relevant laws and decrees of the People’s Republic of China.

   Article 2. The regulations apply to the SEZ enterprises and institutions and other economic organizations (hereinafter referred to as the licensee)
import or transfer of technology with payment from foreign or Hongkong, Macao and Taiwan enterprises, other economic organizations
and individuals (hereinafter referred to as the licensor).

   Article 3. The technology thus acquired must be both practical and advanced, and may bring about marked economic benefits. Technology here
is meant to include:

(1) technology with valid patent right;

(2) technology with its patent right being applied for; and

(3) proprietary technology.

   Article 4. Technology that produces the following effects is forbidden to be imported:

(1) that which harms public order of society or violates social ethics; and

(2) that which undermines ecological balance and harms the environment.

   Article 5. Technology transfer or acquisition may take any of the following forms:

(1) licensing;

(2) technical consultancy or technical service;

(3) using patented technology or proprietary know-how as capital contribution in investment, or entering into joint operation with
the licensee;

(4) compensation trade or co-production; and

(5) projects under contract or other forms.

   Article 6. The licensee (recipient) may enjoy special preferential terms set by the Xiamen City People’s Government if the imported technology
meets one of the following conditions, and may apply to a SEZ-based state bank for low-interest loans or financial assistance:

(1) technology which is examined and proved by the state scientific and research department as up to the world advanced level;

(2) that which can markedly improve the competitiveness of the products on the international market;

(3) that which may bring about marked economic results when applied to the technical upgrading of enterprises; and

(4) that which is indispensable to the requirements of the Xiamen City People’s Government.

   Article 7. In technology acquisition, the licensee should apply in writing to an organization authorized by the Xiamen City People’s Government
and should attach a letter of intent about the technology to be acquired and a report on the feasibility study. When examined and
approved, a contract is to be signed between the licensee and licensor (supplier) and submitted to the higher authorities for approval.
The approval department should reply within 44 days after receipt of the application.

The contract comes into force on the date of approval, and it may be cancelled by the approval department if it is not implemented
within six months. The parties involved are allowed to apply for an extension before expiry if they have a valid reason(s).

   Article 8. Contracts must also have the following provisions apart from those that are generally included in Sino-foreign economic contracts:

(1) definition of key terms;

(2) subject and scope of the technology involved, list of technical information and the date of delivery;

(3) progress of implementation, technical service and technical training;

(4) the use of trademark;

(5) warranty, checking and acceptance of the technology;

(6) the rights and obligations of both sides to use and improve the technology;

(7) secrecy clause;

(8) the way to work out and pay the remuneration for the technology; and

(9) liquidated liabilities (damages).

   Article 9. Invalidation of technology transfer agreement clauses if they are formed to include any of the following provisions:

(1) payment for expired or invalid patent rights;

(2) restrictions on the licensee to licensing-in technology from other sources;

(3) restrictions on improvement or development of the technology in the course of application;

(4) obviously unreasonable conditions attached.

   Article 10. In transferring patented technology of an unexpired life, the licensor should provide the licensee with a manual on the patent and
a duplicate or a copy of the letters patent. The certificate of patent right transfer, if any, should also be provided.

In transferring technology for which the patent is pending, the licensor should provide the licensee with such patent application
documents as the letter of application, a manual on the invention and its abstracts, charts, and the letter requesting proprietary
rights, and a progress report on the application process. Documentary evidence on the right to transfer one’s eligibility, if any,
of patent application should also be provided.

In transferring proprietary know-how, the licensor should provide the licensee with the relevant design blueprints, the rules for
the manufacturing processes, illustrated instructions, technical data, prescriptions, formulae, key equipment, models, samples, list
of materials and materials specifications, operating instructions, detailed regulations on on-site operations, and the relevant information
and data regarding technical demonstrations, on-site guidance, product quality control and inspection procedures, repair procedures
and equipment, and other commercial information.

   Article 11. The licensor should, within the time limit set by the contract, conduct training for the required number of people specified by
the licensee with regard to technology, design, management and marketing so that the licensee may master the full range of the technology
provided.

   Article 12. If the licensor is re-licensing the same technology, the licensee has the right to demand that a duplicate of the original licensing
agreement be provided as well.

   Article 13. If the licensor’s patent lapses before the expiration of the agreement, or the application for patent right is rejected, or if it
is found that the know-how does not belong to the licensor, the licensee has the right to demand for changing or terminating the
agreement. The licensor is to be held responsible for any losses arising therefrom, and answerable to any legal proceedings concerning
the patent rights instituted by the third party concerned.

The licensor should make sure that the technical data are complete, correct and reliable. If, for reasons the responsibility for
which rests solely on licensor himself (herself), the technology is found to be not up to the requirements as stipulated in the contract,
the licensor should bear the responsibility for violations of the contract and for payment of the liquidated damages.

   Article 14. The licensee undertakes to discharge the secrecy clause obligations as stipulated in the contract regarding the imported technology.
In case of violations of the secrecy clause, the licensor has the right to withdraw all the relevant information and data, terminate
the contract, and demand compensation from the licensee for the losses resulting therefrom.

Anyone who has access to the technical secrets because of his (her) duties or job responsibilities must not divulge the secrets or
use them without authorization; violations as such shall be legally accountable.

   Article 15. The relevant department of the Xiamen City People’s Government undertakes the necessary monitoring of and control over the effects
of the transfer and application of the technology. In cases where environmental pollution is found or where the expected technical
and economic targets cannot be reached, the department shall demand that the Xiamen City People’s Government suspend the preferential
terms granted to the parties concerned, and take the appropriate actions to rectify the situations.

   Article 16. The present regulations come into force on the date of promulgation.

    





RULES GOVERNING THE CONTROL OVER INWARD AND OUTWARD-BOUND OCEAN-GOING VESSELS OF FOREIGN REGISTRY OF CHINESE-FOREIGN COOPERATIVE EXPLOITATION OF OFFSHORE PETROLEUM, GOODS AND PERSONAL EFFECTS BELONGING TO FOREIGN PERSONNEL WORKING IN

RULES GOVERNING THE APPROVAL OF CLINICAL TRIAL OF FOREIGN DRUG(S)

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON ADMINISTRATION OF THE REGISTRATION OF ENTERPRISES AS LEGAL PERSONS

The State Council

Regulations of the People’s Republic of China on Administration of the Registration of Enterprises As Legal Persons

Decree [1988] No.1 of the State Council

June 3, 1988

Chapter I General Provisions

Article 1

In accordance with relevant provisions of the General Principles of the Civil Law of the People’s Republic of China, the present Regulations
are formulated with a view to establishing a system for controlling the registration of enterprises as legal persons, confirming
their status as such, safeguarding their legitimate rights and interests, stamping out illegal business operations, and preserving
social and economic order.

Article 2

Any of the following enterprises which are qualified as legal persons shall register as such in accordance with the relevant provisions
of the present Regulations:

(1)

enterprises owned by the whole people;

(2)

enterprises under collective ownership;

(3)

jointly operated enterprises;

(4)

Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises established within
the territory of the People’s Republic of China;

(5)

privately operated enterprises;

(6)

other enterprises required by the law to register as legal persons.

Article 3

Those enterprises applying for registration as legal persons shall be given Business Licenses for Enterprises as Legal Persons and
the status of legal persons when their applications for registration have been examined and approved by the authorities in charge
of the registration of enterprises as legal persons and their legitimate rights and interests shall be protected by laws of the State.

Those enterprises, which are required by law to register as legal persons but which have not gone through the procedures of examination
and approval registration by the authorities in charge of the registration of enterprises as legal persons, shall not be allowed
to engage in business operations.

Chapter II Registration Authorities

Article 4

The authorities in charge of the registration of enterprises as legal persons (hereinafter referred to as the registration authorities)
are the State Administration for Industry and Commerce and administrative departments for industry and commerce at various levels.
Registration authorities at various levels shall perform their functions according to law under the leadership of higher registration
authorities and be free from unlawful interference.

Article 5

The registration of national corporations, enterprise groups and corporations handling import-export business set up with the approval
of the State Council or departments authorized by the State Council shall be examined and approved by the State Administration for
Industry and Commerce. The registration of Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and
foreign-capital enterprises shall be examined and approved by the State Administration for Industry and Commerce or by local administrative
departments for industry and commerce authorized by the State Administration for Industry and Commerce.

The registration of son (or branch) companies of national corporations, enterprises, enterprise groups or companies handling import-export
trade established with the approval of the people’s governments of provinces, autonomous regions or municipalities directly under
the Central Government or departments authorized by them shall be examined and approved by the administrative departments for industry
and commerce of the provinces, autonomous regions and municipalities directly under the Central Government.

The registration of other enterprises shall be examined and approved by the administrative departments for industry and commerce of
the cities or counties (districts) where the enterprises are located.

Article 6

Registration authorities at various levels shall institute a file of the registration of enterprises as legal persons and a system
for tabulating statistics relating to such registration, and collect basic information about the registration of enterprises as legal
persons so as to serve the development of a planned commodity economy.

Registration authorities shall offer, in a planned manner and according to the needs of society, the service of providing the public
with data about the registration of enterprises as legal persons.

Chapter III Conditions for Registration and Entities to Apply for Registration

Article 7

Entities applying for registration as enterprises as legal persons must satisfy the following conditions, i.e. having:

(1)

name, organization and articles of association;

(2)

fixed sites for business operations and essential facilities;

(3)

funds and employees in conformity with State regulations and in line with their scale of production, operation or service;

(4)

ability to bear civil liabilities independently;

(5)

a scope of business in conformity with the provisions of the relevant laws, regulations and policies of the State.

Article 8

The application of an enterprise for registration as a legal person shall be filed by the person responsible for establishing the
enterprise.

The registration as a legal person of a jointly operated enterprise which bears civil labilities independently shall be applied for
by the person responsible for initiating the said enterprise.

Chapter IV Items of Registration

Article 9

The major items to be registered for an enterprise as a legal person are: name, residence, site for business operation, legal representative,
economic nature, scope of business, mode of operation, registered capital, number of employees, duration of operation and subdivisions.

Article 10

An enterprise as a legal person shall use only one name. The name to be used by the enterprise as a legal person in its application
for registration shall be examined by the registration authorities and, after it is approved and registered, the enterprise as a
legal person shall enjoy the right to the exclusive use of the registered name within a definite limit.

Those who apply for establishing Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures or foreign-capital
enterprises shall apply to the registration authorities for registering the names of the enterprises before their contracts and articles
of association are examined and approved.

Article 11

The legal representative of an enterprise as a legal person, which has been registered after examination and approval by a registration
authority, shall be the signatory who exercises functions and powers on behalf of the enterprise. The signature of the legal representative
shall be submitted to the registration authority for the record.

Article 12

The registered capital of an enterprise as a legal person represents the total value of the property the State entrusts to it for
operation and management or that of the property owned by the enterprise itself.

When an enterprise as a legal person registers for starting operations, the discrepancy between the sum of capital it applies for
registration and the sum of capital it actually possesses shall be handled in accordance with specific regulations of the State.

Article 13

The scope of business of an enterprise as a legal person shall be in harmony, with its capital, sites, equipment, employees and technical
force. It may focus on one line of business as its main operation while engaging in other operations simultaneously in accordance
with relevant regulations of the State. An enterprise as a legal person shall engage in operations within the scope of business as
approved in registration.

Chapter V Registration for Starting Operations

Article 14

An enterprise as a legal person shall apply to a registration authority for registration for starting operations within 30 days after
the approval of the department in charge of it or that of an authority for examination and approval. For an enterprise which does
not have a department in charge or authority for examination and approval, its application for registration for starting operations
shall be examined by a registration authority. The registration authority shall make a decision of approval or disapproval of the
application for registration within 30 days after receiving it.

Article 15

An enterprise as a legal person shall submit the following papers when applying for registration for starting operations:

(1)

an application for registration signed by the person responsible for its establishment;

(2)

the document of approval issued by the department in charge or the authority for examination and approval;

(3)

its articles of association;

(4)

a certificate of its creditworthiness, a certificate of the verification of its capital or a guarantee for its capital;

(5)

a certificate of the identity of the principal responsible person of the enterprise;

(6)

a certificate of the right to use the residence and site for operation;

(7)

other relevant papers and certificates.

Article 16

When the application filed by an entity for starting operations as an enterprise as a legal person has been examined and approved
by a registration authority and a Business License for Enterprise as a Legal Person is received, the enterprise shall be considered
as established. The enterprises as a legal person may henceforth have its official seal made, open a bank account, sign contracts
and conduct business operations by dint of its Business License.

The registration authority may, after a check-up, issue duplicates of the Business License, if the enterprise as a legal person needs
them for its business operations.

Chapter VI Changes in Registration

Article 17

An enterprise as a legal person shall apply for making changes in its registration whenever it changes its name, residence, site,
legal representative, economic nature, scrape of business, mode of operation, registered capital or duration of operation and whenever
it increases or disbands its branches.

Article 18

An enterprise as a legal person shall apply to the registration authority for making changes in its registration within 30 days after
the changes are approved by the department in charge or by the authority for examination and approval.

Article 19

An enterprise as a legal person shall apply to the registration authority for making changes in its registration, or for registration
for starting operations or for cancelling its registration, whenever it is split up, or merged with others or moved elsewhere, within
30 days after these changes are approved by the department in charge or by the authority for examination and approval.

Chapter VII Cancellation of Registration

Article 20

An enterprise as a legal person shall go through the procedures for cancelling its registration with the registration authority when
it closes down, is dissolved, declares bankruptcy or terminates its business operations for other reasons.

Article 21

Whenever an enterprise as a legal person is to cancel its registration, it must submit an application signed by its legal representative,
a document of approval issued by the department in charge or by the authority for examination and approval, a certificate showing
the completion of the clearing up of its liabilities, or a document showing that a liquidation organization will be responsible for
clearing up its creditor’s rights and liabilities. The registration authority, after examining and approving the application, shall
recall the Business License for Enterprise as a Legal Person, duplicates of the License, take over the official seal of the enterprise,
and notify the banks at which it has opened an account of the cancellation of its registration.

Article 22

An enterprise as a legal person, which fails to start operations 6 months after receiving its Business License for Enterprise as a
Legal Person or which has ceased its operations for a year, shall be regarded as having closed down, and the registration authority
shall recall its Business License for Enterprises as a Legal Person, duplicates of the License, take over its official seal and notify
the banks at which it has opened an account of the cancellation of its registration.

Chapter VIII Announcement, Annual Check-up and Control of Certificates

Article 23

The registration authority shall issue registration announcements whenever an enterprise as a legal person starts operations, changes
its name or cancels its registration. No other organ shall be enpost_titled to issue such announcements without the approval of the registration
authority.

Article 24

A system for conducting annual check-up shall be instituted to administer the registration of enterprises as legal persons. An enterprise
as a legal person shall submit its annual check-up report, its balance sheet or statement of assets and liabilities to the registration
authority at the time it prescribes. The registration authority shall check up the major items contained in the registration of the
enterprise as a legal person.

Article 25

The Business License for Enterprises as a Legal Person issued by the registration authority is the certificate of an enterprise as
a legal person. Except the registration authority, which may withhold or cancel it in accordance with the legal procedures, no other
organ or individual is enpost_titled to take over, detain or destroy it.

An enterprise as a legal person, which has lost its Business License for Enterprise as a Legal Person or duplicates of the License,
must announce the loss in a newspaper before it can apply for a replacement.

The Business License for Enterprise as a Legal Person and its duplicates may not be forged, altered, leased, lent, sold or reproduced
without permission.

Article 26

An enterprise as a legal person shall pay registration and annual check-up fees according to the rules when it registers for starting
operations and applies for making changes in its registration and when it receives the annual check-up. The fees to be charged on
registration for starting operations shall be 1 millesimal of the sum of the enterprise’s registered capital; in cases where the
registered capital exceeds 10 million yuan, the fees to be charged on the portion in excess of the said sum shall be 0.5 millesimal
of it; in cases where the registered capital exceeds 100 million yuan, no fees shall be charged on the portion in excess of the said
sum. The minimum registration fee shall be 50 yuan. Fees to be charged on making changes in the registration and conducting the annual
check-up shall be prescribed by the State Administration for Industry and Commerce.

Chapter IX Control of the Registration of Business Operations by Institutions and Scientific and Technological Public Organizations

Article 27

When institutions or scientific and technological public organizations establish enterprises qualified as legal persons in line with
relevant regulations of the state, the applications for registration shall be filed by the enterprises. They may engage in business
operations only after their applications for registration have been approved by the registration authorities and after they have
received their respective Business Licenses for Enterprise as a Legal Person.

Article 28

Institutions, which are run like enterprises in accordance with relevant regulations of the State and which no longer receive operating
funds from the State, or scientific and technological public organizations which are established for business operations, shall apply
for registration if they are qualified to be enterprises as legal persons. They may engage in business operations only after their
applications have been approved by the registration authorities and they have received their respective Business Licenses for Enterprise
as a Legal Person.

Chapter X Supervision and Control

Article 29

The registration authorities shall exercise the following functions of supervision and control over enterprises as legal persons according
to law:

(1)

supervising the registration for starting operations, the application for making changes and the cancellation of registration by enterprises
as legal persons according to regulations;

(2)

supervising the conduct of business operations by enterprises as legal persons in line with the items of registrations, articles of
association and contracts;

(3)

supervising the compliance of enterprises as legal persons and their legal representatives with laws, regulations and policies of
the State;

(4)

stopping, investigating or dealing with illegal business operations of enterprise as legal persons; protecting their legitimate rights
and interests.

Article 30

The registration authority may, in light of the circumstance, penalize an enterprise as legal person by warning, fine, confiscation
of illegal earnings, suspension of business for consideration, or withholding or revoking the Business License for Enterprise as
a legal Person, if it is involved in any of the following case:

(1)

concealing the true situation and resorting to deception in the course of registration or starting operations before the approval
of its registration;

(2)

altering major items in the registration without permission or engaging in business operations beyond the scope of business as approved
in registration;

(3)

failing to cancel registration according to the rules or failing to submit the check-up report or receive the annual check-up;

(4)

forging, altering, leasing, lending, transferring, selling or reproducing the Business License for Enterprise as a Legal Person or
its duplicates without permission;

(5)

withdrawing or transferring capital, concealing assets or dodging liabilities;

(6)

engaging in illegal business operations.

While penalizing an enterprise as a legal person in line with the above provisions, the registration authority shall investigate its
legal representative’s administrative and economic responsibilities according to the seriousness of the violations of the law; judicial
organs shall investigate the criminal responsibilities of those who have violated the criminal law.

Article 31

The registration authority shall ascertain the facts and act according to law when dealing with the illegal activities of an enterprise
as a legal person and notify the parties concerned of its decision in writing.

Article 32

When an enterprise as a legal person disagrees with the penalty meted out but by the registration authority, it may appeal within
15 days after receiving the notice of penalty, to the immediate higher registration authority for reconsideration. The higher registration
authority shall make a reconsideration decision within 30 days after receiving the appeal for reconsideration. The enterprise may
file a suit in a people’s court within 30 days after receiving the notice of reconsideration in it disagrees with the reconsideration
decision. The registration authority may, in accordance with the prescribed procedures, ask the bank at which the enterprise has
an account to transfer from its account the sum to be fined or confiscated as penalty, if it fails to appeal or to pay the fine or
the confiscated sum at the expiry of the prescribed period.

Article 33

When an enterprise as a legal person has its business license revoked, the registration authority shall take over its official seal
and notify the bank at which it has account of the cancellation of its registration, and the department in charge or a liquidation
organization shall be responsible for settling its creditor’s rights and liabilities.

Article 34

Any functionary of the department in charge, the authority for examination and approval or of the registration authority, who has
violated the present Regulations, neglected his duties to a serious extent, abused his powers, practised graft and embezzlement,
extorted and taken bribes or encroached on the legitimate rights and interests of an enterprise as a legal person, shall be given
administrative or economic penalty in light of the circumstances; the judicial organ shall investigate, according to law, his criminal
responsibility, if he violates the criminal law.

Chapter XI Supplementary Provisions

Article 35

When an enterprise as a legal person establishes a branch which is incapable of bearing civil liability independently, the registration
of the branch shall be applied for by the enterprise. The branch shall receive a Business License after the application is approved
by the registration authority and may engage in business operations within the scope of business as approved in registration.

In accordance with relevant State regulations, administrative institutions depending on State funding or scientific and technological
social bodies must apply for registration if they engage in business operations or establish enterprises not qualified; as legal
persons. They shall receive Business Licenses after their applications are approved by the registration authorities and may engage
in business operations within the scope of business as approved in registration.

The specific control of the registration involved shall be enforced with reference to the provisions of the present Regulations.

Article 36

For new enterprises to be established with the approval of relevant departments of the State Council or planning departments at various
levels, if their preparations have been under way for more than 1 year, applications for the registration of the establishment shall
be filed according to specific regulations.

Article 37

Enterprises qualified as legal persons, whose registration was approved by the registration authorities before the present Regulations
are put into effect, are not required to go through the formalities again for registration as enterprises as legal persons.

Article 38

The State Administration for Industry and Commerce shall be responsible for interpreting the present Regulations; and the rules for
their implementation shall also be formulated by the State Administration for Industry and Commerce.

Article 39

The present Regulations shall enter into force as of July 1, 1988. The Measures on Administration of the Registration of Chinese-foreign
Equity Joint Ventures promulgated by the State Council on July 26, 1980, the Regulations on Administration of the Registration of
Industrial and Commercial Enterprises promulgated by the State Council on August 9, 1982, and the Interim Provisions on Administration
of the Registration of Companies approved by the State Council on August 14, 1985 and promulgated by the State Administration for
Industry and Commerce on August 25, 1985 shall all be repealed simultaneously.



 
The State Council
1988-06-03

 






IMPORT AND EXPORT COMMODITY INSPECTION

Category  INSPECTION OF IMPORT AND EXPORT COMMODITIES Organ of Promulgation  The Standing Committee of the  National People’s Congress Status of Effect  In Force
Date of Promulgation  1989-02-21 Effective Date  1989-08-01  


Law of the People’s Republic of China on Import and Export Commodity Inspection

Contents
Chapter I  General Provisions
Chapter II  Inspection of Import Commodities
Chapter III  Inspection of Export Commodities
Chapter IV  Supervision and Administration
Chapter V  Legal Responsibility
Chapter VI  Supplementary Provisions

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

National People’s Congress on February 21, 1989, promulgated by Order No. 14
of the President of the People’s Republic of China on February 21, 1989, and
effective as August 1, 1989)
Contents

    Chapter I    General Provisions

    Chapter II   Inspection of Import Commodities

    Chapter III  Inspection of Export Commodities

    Chapter IV   Supervision and Administration

    Chapter V    Legal Responsibility

    Chapter VI   Supplementary Provisions
Chapter I  General Provisions

    Article 1  This law is enacted with a view to strengthening the inspection
of import and export commodities, ensuring the quality of import and export
commodities, protecting the lawful rights and interests of the parties
involved in foreign trade, and promoting the smooth development of China’s
economic and trade relations with foreign countries.

    Article 2  The State Council shall establish an Administration for Import
and Export Commodity Inspection (hereinafter referred to as the State
Administration for Commodity Inspection), which shall be in charge of the
inspection of import and export commodities throughout the country. The
local import and export commodity inspection authorities (hereinafter referred
to as the commodity inspection authorities) set up by the State Administration
for Commodity Inspection shall be responsible for the inspection of import and
export commodities within areas under their jurisdiction.

    Article 3  The commodity inspection authorities and other inspection
organization by the State Administration for Commodity Inspection and the
commodity inspection authorities shall, in accordance with the law, perform
the inspection of import and export commodities.

    Article 4  The State Administration for Commodity Inspection shall, in
the light of the development of foreign trade, make, adjust and publish a List
of Import and Export Commodities Subject to Inspection by the Commodity
Inspection Authorities (hereinafter referred to as the List of Commodities).

    Article 5  Import and export commodities which are included in the list
of Commodities and import and export commodities subject to inspection by
the commodity inspection authorities under other laws or administrative rules
and regulations must be inspected by the commodity inspection authorities or
inspection organizations designated by the State Administration for Commodity
Inspection or the commodity inspection authorities. No permission shall be
granted for the sale or use of import commodities specified in the preceding
paragraph until they have undergone inspection; and no permission shall be
granted for the export of export commodities specified in the preceding
paragraph until they have been found to be up to standard through inspection.

    Import and export commodities specified in the first paragraph of this
Article may be exempted from inspection upon the examination and approval of
an application from the consignee or consignor by the State Administration
for Commodity Inspection.

    Article 6  Inspection on import and export commodities performed by the
commodity inspection authorities shall cover quality, specifications,
quantity, weight, packing and the requirements for safety and hygiene.

    Import and export commodities governed by compulsory standards or other
inspection standards which must be complied with as provided for by laws or
administrative rules and regulations shall be inspected in accordance with
such inspection standards; in the absence of such stipulations, import and
export commodities shall be inspected in accordance with the inspection
standards agreed upon in the foreign trade contracts.

    Article 7  Import and export commodities or items subject to inspection
by other inspection organizations under laws or administrative rules and
regulations shall be inspected in accordance with the provisions of relevant
laws or administrative rules and regulations.

    Article 8  The State Administration for Commodity Inspection and the
commodity inspection authorities shall collect information on the inspection
of import and export commodities and make it available to the relevant
circles.
Chapter II  Inspection of Import Commodities

    Article 9  For import commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the consignee
must register them with the commodity inspection authorities located at the
port of discharge or the station of arrival. Import commodities which are
included in the list of Commodities shall be checked and released by the
Customs upon presentation of the seal of the commodity inspection authorities
affixed to the Customs declaration.

    Article 10  For import commodities which are subject to inspection by
the commodity inspection authorities in accordance with this Law, the
consignee shall apply to the same authorities for inspection in places and
within the time limit specified by there. The commodity inspection authorities
shall accomplish the procedures for inspection and issue an inspection
certificate within the period of validity of claims prescribed in a foreign
trade contract.

    Article 11  If import commodities other than those which are subject to
inspection by the commodity inspection authorities in accordance with this
Law are found to be not up to the quality standard, damaged or short on
weight or quantity, the consignee shall apply to the commodity inspection
authorities for inspection and the issuance of an inspection certificate if
such a certificate is necessary for claiming compensation.

    Article 12  For important import commodities and a complete set of
equipment in large size, the consignee shall, in accordance with the terms
agreed upon in a foreign trade contract, conduct initial inspection or initial
supervision over manufacturing or loading in the exporting country before
shipment, while the relevant competent departments shall strengthen their
supervision. The commodity inspection authorities may, when necessary,
dispatch inspection personnel to take part in such inspection and supervision.
Chapter III  Inspection of Export Commodities

    Article 13  For export commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the consignor
shall apply to the same authorities for inspection in the places and within
the time limit specified by them. The commodity inspection authorities shall
accomplish the procedures for inspection and issue a certificate without
delaying the prescribed time for shipment.

    Export commodities which are included in the List of Commodities shall be
checked and released by the Customs upon presentation of the inspection
certificate or the paper for release issued by the commodity inspection
authorities or the seal of the same authorities affixed to the Customs
declaration.

    Article 14  Export commodities which have been inspected and passed by
the commodity inspection authorities and for which an inspection certificate
or a paper for release has been issued by the same authorities shall be
declared for export and shipped out of the country within the time limit
specified by the same authorities. Failing to meet the time limit shall
entail reapplication for inspection.

    Article 15  An enterprise manufacturing packagings for dangerous export
goods must apply to the commodity inspection authorities for a test of the
performance of such packagings. An enterprise producing dangerous export
goods must apply to the same authorities for a test of the use of packagings.
No permission shall be granted for the export of dangerous goods kept in
packagings which have not passed a test.

    Article 16  For vessel holds or containers used for carrying perishable
foods, the carrier or the organization using the containers shall apply for
inspection before loading. No permission shall be granted for loading and
shipment until the relevant conditions are passed by the inspectors.
Chapter IV  Supervision and Administration

    Article 17  The commodity inspection authorities may make a random
inspection of import and export commodities beyond those subject to inspection
by the commodity inspection authorities in accordance with this Law. No
permission shall be granted for the export of export commodities found to be
substandard in a random inspection.

    Article 18  The commodity inspection authorities may, when necessary,
assign inspection personnel to manufacturers of export commodities which are
included in the List of Commodities to take part in supervision over the
quality inspection of export commodities before they leave the factory.

    Article 19  The commodity inspection authorities may undertake the
quality certification of import and export commodities on the basis of
agreements signed between the State Administration for Commodity Inspection
and the foreign bodies concerned or upon entrustment by the foreign bodies
concerned. They may permit the use of quality certification marks on import
and export commodities which have been given quality certification.

    Article 20  The State Administration for Commodity Inspection and the
commodity inspection authorities shall, on the basis of the requirements in
their inspection, entrust competent inspection organizations at home and
abroad with the inspection of import and export commodities after examining
their qualifications.

    Article 21  The State Administration for Commodity Inspection and the
commodity inspection authorities shall exercise supervision over the import
and export commodity inspection conducted by the inspection organizations
designated or approved by them and may make a random inspection of the
commodities which have been inspected by such organization.

    Article 22  The State shall, when necessary, institute a quality licence
system for important import and export commodities and their manufacturers.
The specific measures thereof shall be drawn up by the State Administration
for Commodity Inspection in conjunction with the relevant competent
departments under the State Council.

    Article 23  The commodity inspection authorities may, when necessary,
place commodity inspection marks or sealings on import and export commodities
proved to be up to standard through inspection.

    Article 24  In case an applicant for the inspection of import and export
commodities disagrees with the results of inspection presented by the
commodity inspection authorities, he may apply for reinspection to the same
authorities, to those at the next higher level or to the State Administration
for Commodity Inspection. The conclusion on reinspection shall be made by the
commodity inspection authorities or the State Administration for Commodity
Inspection which has accepted the application for reinspection.

    Article 25  The commodity inspection authorities, the inspection
organizations designated by them and other inspection organizations approved
by the State Administration for Commodity Inspection may handle the business
of superintending and surveying import and export commodities as entrusted
by parties involved in foreign trade or by foreign inspection bodies.

    The scope of business of superintending and surveying import and export
commodities shall cover: inspection of the quality, quantity, weight and
packing of import and export commodities; inspection of cargoes with respect
to general or particular average; inspection of container cargoes; damage
survey of import cargoes; inspection of technical conditions for the shipment
of exports; measurement of dead tonnage; certification of the origin or value
of exports and other superintending and surveying services.
Chapter V  Legal Responsibility

    Article 26  Anyone who, in violation of the relevant provisions of this
Law, purposely markets or uses import commodities which are included in the
last of Commodities or subject to inspection by the commodity inspection
authorities in accordance with other laws or administrative rules and
regulations without having such commodities inspected, or purposely exports
export commodities which are included in the List of Commodities or subject to
inspection by the commodity inspection authorities in accordance with other
laws or administrative rules and regulations without having such commodities
inspected and proved up to standard shall be fined by the commodity inspection
authorities. If the circumstances are serious and cause heavy economic losses,
the criminal responsibility of the personnel directly responsible shall be
investigated by applying mutatis mutandis the provisions of Article 187 of the
Criminal Law.

    Anyone who, in violation of the provisions of Article 17 of this Law,
purposely exports export commodities which have been found substandard during
a random inspection by the commodity inspection authorities, shall be punished
in accordance with the provisions of the preceding paragraph.

    Article 27  If the falsifying or remaking of the certificates or
documents, seals or stamps, marks, sealings or quality certification marks
for commodity inspection constitutes a crime, the criminal responsibility of
the personnel directly responsible shall be investigated by applying mutatis
mutandis the provisions of Article 167 of the Criminal Law; if the
circumstances are minor, the offender shall be fined by the commodity
inspection authorities.

    Article 28  If a party refuses to accept the punishment decision of the
commodity inspection authorities, he may, within 30 days of receiving the
notice on the punishment, apply for reconsideration to the same authorities
which have made the punishment decision, to those at the next higher level
or to the State Administration for Commodity Inspection. If the party refuses
to accept the decision on the reconsideration, he may, within 30 days of
receiving the notice on the reconsideration decision, bring a suit before a
court of law. If the party neither applies for reconsideration nor brings a
suit nor complies with the punishment decision within the prescribed time
limit, the commodity inspection authorities which have made the punishment
decision shall apply to a court of law for compulsory execution.

    Article 29  Any functionary of the State Administration for Commodity
Inspection or of the commodity inspection authorities or any of the inspection
personnel of the inspection organizations designated by the State
Administration for Commodity Inspection and the commodity inspection
authorities who abuses his power, commits irregularities for the benefit of
his relatives or friends, falsifies inspection results or fails to conduct
inspection and issue a certificate within the time limit through dereliction
shall, depending on the seriousness of the circumstances, be given
administrative sanction, or his criminal responsibility shall be investigated
according to law.
Chapter VI  Supplementary Provisions

    Article 30  The commodity inspection authorities and other inspection
organizations shall collect fees according to relevant provisions for carrying
out inspection or performing superintending and surveying services in
accordance with the provisions of this Law. The procedures for collecting
fees shall be drawn up by the State Administration for Commodity Inspection
in conjunction with the competent departments under the State Council.

    Article 31  Rules for the implementation of this Law shall be formulated
by the State Administration for Commodity Inspection and shall come into force
after being submitted to and approved by the State Council.

    Article 32  This Law shall come into force as of August 1, 1989. The
Regulations of the People’s Republic of China on the Inspection of Import
and Export Commodities promulgated by the State Council on January 28, 1984.
shall be invalidated as of the same date.

                                                  






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.

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






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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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