MEASURES FOR EXEMPTION FROM INSPECTION OF IMPORT AND EXPORT COMMODITIES
REGULATIONS ON THE PREVENTION OF POLLUTION DAMAGE TO THE MARINE ENVIRONMENT BY LAND-SOURCED POLLUTANTS
| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1990-06-22 | Effective Date | 1990-08-01 |
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Regulations of the People’s Republic of China on the Prevention of Pollution Damage to the Marine Environment by Land-sourced Pollutants |
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(Adopted at the 61st Executive Meeting of the State Council on May 25,
1990, promulgated by Decree No.61 of the State Council of the People’s
Republic of China on June 22, 1990 and effective as of August 1, 1990)
Article 1 These Regulations are formulated in accordance with the Marine
Environment Protection Law of the People’s Republic of China and for the
purposes of strengthening the supervision and administration of land pollution
sources and preventing pollution damage to the marine environment by
land-sourced pollutants.
Article 2 “Land pollution sources” (hereinafter referred to as “land
sources”) mentioned in these Regulations refer to places or installations in
or by which to discharge pollutants from the land into the sea thereby causes
or may cause pollution damage to the marine environment.
“Land-sourced pollutants” mentioned in these Regulations refer to
pollutants discharged from “land sources” stipulated in the preceding
paragraph.
Article 3 These Regulations apply to all organizations and individuals
who discharge land-sourced pollutants into the sea within the territory of
the People’s Republic of China.
With respect to the prevention of pollution damage to the marine
environment by ship scrapping, the Regulations on the Prevention of
Environmental Pollution by Ship Scrapping shall apply.
Article 4 The environmental protection department under the State Council
shall be in charge of the prevention of pollution damage to the marine
environment by land-sourced pollutants of the whole country.
The environmental protection departments of the coastal local people’s
governments at county level and above shall be in charge of the prevention of
pollution damage to the marine environment by land-sourced pollutants in their
respective administrative areas.
Article 5 The discharge of land-sourced pollutants into the sea by any
organization or individual must be conducted in compliance with the standards
for discharge of pollutants and the relevant regulations promulgated by the
state or the localities.
Article 6 Any organization or individual who has to discharge
land-sourced pollutants into the sea must report to and register with the
environmental protection department in the place where it or he is located
with respect to the pollutant discharging and treating facilities that it or
he possesses and the kind(s), quantity and density of the pollutants to be
discharged under normal operational conditions, and must provide with
materials regarding the prevention of pollution damage to the marine
environment by land-sourced pollutants. A copy of registrations and materials
mentioned above shall be sent to the administrative department of marine
affairs.
If major changes have taken place in the kind(s), quantity and density of
the pollutants to be discharged, or pollutant treating facilities are
dismantled or left idle, prior approval shall be obtained from the
environmental protection department in the locality as well as the original
examining and approving department.
Article 7 Any organization or individual discharging land-sourced
pollutants into the sea in excess of the national or local discharge standards
shall pay a fee for excessive discharge and shall assume responsibility for
eliminating and controlling the pollution.
Article 8 No organization or individual may establish outlets for
discharging sewage within special marine reserves, marine sanctuaries,
seashore scenic and tourist areas, saltworks reserves, bathing beaches,
important fishing areas and other areas which need special protection.
Those outlets already established within the areas stipulated in the
preceding paragraph, where the discharge of pollutants is in excess of the
national or local discharge standards, shall be improved within a prescribed
period of time.
Article 9 If an enterprise or institution discharges land-sourced
pollutants into the sea and has thereby caused severe environmental pollution,
it shall be required to eliminate and control the pollution within a
prescribed period of time.
Article 10 For enterprises and institutions directly under the
jurisdiction of a department under the State Council or a people’s government
of a province, an autonomous region, or a municipality directly under the
central government, the proposal for a deadline for the elimination or control
of pollution shall be made by the environmental protection department of the
people’s government of the province, autonomous region, or municipality
directly under the central government, and shall be reported to the people’s
government at the same level for the decision. For enterprises and
institutions under the jurisdiction of a people’s government at city or county
level or below, such proposal shall be made by the environmental protection
department of the people’s government of the city or county, and shall be
reported to the people’s government at the same level. Such enterprises and
institutions shall accomplish the elimination or control of pollution within
the prescribed period of time.
Article 11 It is prohibited to pile up, discard, or dispose of solid
wastes along seashores and beaches without approval. If it is really necessary
to pile up or dispose of solid wastes for the time being, a written
application shall be submitted according to the examining and approving
procedures stipulated by the environmental protection departments of the
coastal provinces, autonomous regions, and municipalities directly under the
central government. The application shall mainly include the following
contents:
(1) the name and address of the applicant;
(2) the place and covering area of solid wastes to be piled up and
disposed of;
(3) the types and composition of solid wastes, amount of solid wastes to
be piled up and disposed of per year, total amount of solid wastes to be
stockpiled up and disposed of and the height of solid wastes to be piled up;
(4) the time of period within which to pile up and dispose of solid wastes
and final means of disposal of them;
(5) the pollution damage to the marine environment possibly caused by
piling up and disposing of solid wastes;
(6) technology and measures for preventing the marine environment from
pollution damage caused by piling up and disposing of solid wastes; and
(7) other matters required to be explained by the examining and approving
organ.
The environmental protection department of the local people’s government
at county level or above shall order the completion of the examining and
approving procedures within a time limit for those existing sites in which
solid wastes are temporarily piled up and disposed of without its approval.
Article 12 Any organization or individual who has been approved to set up
waste yards and treatment facilities shall build dikes and facilities against
raising dust and leakage of wastes. Prior to their use, the dikes and
facilities shall pass the inspection by the environmental protection
department that approved the establishment of the waste yards and treatment
facilities.
It is prohibited to pile up and discard wastes of other types which have
not been approved in the waste yards and treatment facilities which have been
used with approval. It is prohibited to pile up wastes containing hypertoxic,
radioactive, soluble or volatile substance out of doors. Piling up not out of
doors shall not be carried out as final means of disposal of the
above-mentioned wastes.
Article 13 It is prohibited to discharge toxic and harmful waste water
along seashores and beaches by improper means of dilution or permeation.
Article 14 It is prohibited to discharge waste water containing
high-level or meddle-level radioactive substance into the sea.
Any discharge of waste water containing low-level radioactive substance
into the sea shall be carried out in strict compliance with the state
provisions and standards concerning radioactive protection.
Article 15 It is prohibited to discharge oils, acid liquid, alkaline
liquid or toxic liquid into the sea.
No oil-polluted water, waste water containing harmful heavy metals or
industrial waste water of other types may be discharged into the sea before it
has been properly treated and conforms to the standards for discharge of
pollutants and the relevant regulations stipulated by the state or the
localities. Residual dregs after treatment shall not be cast off into the sea.
Article 16 No waste water carrying pathogens may be discharged into the
sea before it has been properly treated and conforms to the standards for
discharge of pollutants and the relevant regulations stipulated by the state
or the localities.
Article 17 In case of the discharge of heated waste water into the sea,
the water temperature shall be in compliance with the relevant provisions of
the state.
Article 18 The discharge of industrial waste water and domestic sewage
containing organic and nutrient substance into sea areas with low capacities
of self-purification shall be controlled in scale. The outlets for discharging
sewage shall be set up in sea areas suitable for current exchange and rational
means of discharge shall be carried out to prevent eutrophication of the sea
water.
Article 19 It is prohibited to discard medicines and medical instruments
having lost efficacy or use of which is prohibited along seashores and
beaches.
Article 20 The environmental protection departments of provinces,
autonomous regions and municipalities directly under the central government in
the estuaries shall be in charge of the investigation and dealing with of
accidents of pollution damage to the marine environment by land-sourced
pollutants which occur in the estuaries and are conclusively proved to be
caused by river waters carrying pollutants. If the river flows across
different provinces, autonomous regions or municipalities directly under the
central government, the environmental protection department and the water
conservancy department of the people’s government at provincial, autonomous
regional and municipal level in the entuary shall cooperate with the
environmental protection department and water conservancy department of the
people’s government of involved provinces, autonomous regions and
municipalities and the river basin administrative department in investigating
and dealing with the accident.
Article 21 With respect to those coastal regions adjacent or opposite to
one another discharging land-sourced pollutants into the same sea area, the
relevant local people’s governments shall jointly formulate measures for the
prevention of pollution damage to the marine environment by land-sourced
pollutants.
Article 22 Any organization or individual who causes an accident of
pollution damage to the marine environment by land-sourced pollutants shall
promptly take measures to deal with the accident and shall, within 48 hours
after the happening of the accident, report to the environmental protect
department of the local people’s government on the time, place, type of the
accident, the amount of pollutants discharged, economic losses, victims and
other preliminary information and a copy of the preliminary report shall be
sent to each of the relevant departments. Upon the investigation of the
accident, a written report accompanied with relevant documentary evidence
shall be sent to the environmental protection department of the local people’s
government.
The environmental protection department of the people’s government at
various levels shall, upon the receipt of the preliminary report on a accident
of pollution damage to the marine environment by land-sourced pollutants, take
measures promptly in consultation with the relevant departments to eliminate
or reduce the pollution. The accident shall be investigated and dealt with by
the environmental protection department of the people’s government at county
level or above together with the relevant departments, or by a department
authorized by the environmental protection department of the people’s
government at county level or above itself.
Article 23 The environmental protection department of the people’s
government at county level or above together with the department in charge of
the project shall, according to its scope of powers to project administration,
conduct an on-the-spot inspection of the organization or individual
discharging land-sourced pollutants. The inspection receiver shall truthfully
report information and provide materials and the inspectors shall be
responsible for keeping technical and business secrets for the inspection
receiver. If otherwise provided for in the laws and regulations, the
provisions stipulated above in this article shall not apply.
Article 24 Where anyone violates these Regulations under any of the
following circumstances, the environmental protection department of the
people’s government at county level or above shall order the correction and
may concurrently fine an amount of not less than 300 yuan but not more than
3,000 yuan.
(1) refusing to report or falsely reporting on registrations for discharge
of pollutants; or
(2) refusing or obstructing the environmental protection department that
is conducting an on-the-spot inspection, or practising fraud in the
on-the-spot inspection.
Article 25 Where anyone forces in use facilities against pollution set up
in waste yards and treatment facilities which have not been inspected and
accepted by the environmental protection department or have not passed the
inspection, the environmental protection department shall order the correction
and may concurrently fine an amount of not less than 5,000 yuan but not more
than 20,000 yuan.
Article 26 Where anyone violates these Regulations under any of the
following circumstances, the environmental protection department of the
people’s government at county level or above shall order the correction and
may concurrently fine an amount of not less than 5,000 yuan but not more than
100,000 yuan.
(1) changing the kind(s) of pollutants to be discharged, or increasing the
quantity and density or dismantling or leaving idle pollutant treating
facilities without the approval of the environmental protection department in
the locality and the original examining and approving department; or
(2) establishing outlets for discharging sewage within the areas
stipulated in the first paragraph of Article 8 of these Regulations.
Article 27 Where anyone violates these Regulations under any of the
following circumstances, the environmental protection department of the
people’s government at county level or above shall order the correction and
may concurrently fine an amount of not less than 1,000 yuan but not more than
20,000 yuan; if the circumstances are serious, a fine of not less than 20,000
yuan but not more than 100,000 yuan may be imposed upon.
(1) discharging toxic and harmful waste water along seashores and beaches
by improper means of dilution or permeation;
(2) discharging waste water containing high-level or meddle-level
radioactive substance into the sea;
(3) discharging oils, acid liquid, alkaline liquid or toxic liquid into
the sea;
(4) discarding medicines and medical instruments having lost efficacy or
use of which is prohibited along seashores and beaches;
(5) failing to comply with the standards for discharge of pollutants and
the relevant regulations stipulated by the state or the localities when
discharging oil-polluted water, waste water carrying pathogens, heated waste
water, waste water containing low-level radioactive substance, waste water
containing harmful heavy metals or industrial waste water of other types into
the sea, or casting off residual dregs after treatment into the sea; or
(6) without the approval of the environmental protection department of the
local people’s government at county level or above, piling up, discarding, or
disposing of solid wastes along seashores and beaches, or piling up and
disposing of wastes of other types which have not been approved in the waste
yards and treatment facilities, or piling up wastes containing hypertoxic,
radioactive, soluble or volatile substance out of doors.
Article 28 Where an enterprise or institution fail to eliminate and
control the pollution within a time limit as stipulated, it shall pay an
amount of two times the fee for excessive discharge, and may be concurrently
fined an amount of not less than 10,000 yuan but not more than 100,000 yuan
according to the seriousness of damage and loss, or be ordered the suspension
of business or closing down.
The environmental protection department shall decide on a fine. The
people’s government that decides on a deadline for the elimination and control
of pollution shall decide on the suspension of business or closing down; the
suspension of business or closing down of an enterprise or institution
directly under the jurisdiction of a department under the State Council shall
be subject to the approval of the State Council.
Article 29 Where anyone fails to pay the fee for excessive discharge
according to the provisions, the environmental protection department of the
people’s government at county level or above shall, in addition to recovering
the fee and a late payment fine, impose a fine of not less than 1,000 yuan but
not more than 10,000 yuan.
Article 30 Where anyone causes an accident of pollution damage to the
marine environment by land-sourced pollutants and has thereby caused major
economic losses, the environmental protection department of the people’s
government at county level or above shall impose a fine of an amount of
percent 30 of the direct losses but not exceeding a maximum of 200,000 yuan.
Article 31 The environmental protection department of the people’s
government at county level may decide on a fine of not more than 10,000 yuan
and shall report a fine exceeding 10,000 yuan to the higher level’s
environmental protection department for an approval.
The environmental protection department of the people’s government at the
level analogous to a city directly under a provincial government may decide on
a fine of not more than 50,000 yuan and shall report a fine exceeding 50,000
yuan to the higher level’s environmental protection department for an approval.
The environmental protection department of the people’s government at the
level of province, autonomous region and municipality directly under the
central government may decide on a fine of not more than 200,000 yuan.
All fines shall be handed over to the national treasury and neither
organization nor individual may retain or divide them up.
Article 32 An organization or individual who has paid a fee for excessive
discharge or has been imposed upon a fine shall not exempted from
responsibilities for eliminating pollution, removing damage and compensation.
Article 33 If a party involved does not agree with a decision on
administrative penalty, he may, within 15 days as from the date of receiving
the notification on the penalty, apply for reconsideration according to law;
if he does not agree with the decision of consideration, he may, within 15
days as from the date of receiving the decision of consideration, bring a
lawsuit before a people’s court. A party may directly bring a lawsuit before a
people’s court within 15 days as from the date of receiving the notification
on the penalty. If, upon the expiration of the period, the party has not
applied for reconsideration or has neither brought a lawsuit before a people’s
lawsuit nor performed the decision on penalty, the department that imposed the
penalty shall apply to the people’s court for compulsory enforcement.
Article 34 Where a staff member of the environmental protection
department abuses his powers, neglects his duties or engages in malpractice
for his personal interests, the department to which he belongs or the higher
level’s department shall impose disciplinary sanction upon him; if a crime has
been constituted, he shall be investigated for criminal responsibility
according to law.
Article 35 The people’s governments of the coastal provinces, autonomous
regions and municipalities directly under the central government may
formulated measures for the implementation in accordance with these
Regulations.
Article 36 The environmental protection department under the State
Council shall be responsible for the interpretation of these Regulations.
Article 37 These Regulations shall come into force as of August 1, 1990.
CIRCULAR OF THE STATE COUNCIL CONCERNING THE QUARANTINE CONTROL SYSTEM FOR ANIMAL PRODUCTS LEAVING CHINA FOR TRADE PURPOSE
| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1991-11-15 | Effective Date | 1991-11-15 |
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Circular of the State Council Concerning the Quarantine Control System for Animal Products Leaving China for Trade Purpose |
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(November 15, 1991)
The “Law of the People’s Republic of China on the Entry and Exit Animal
and Plant Quarantine” has already adopted at the 22nd Meeting of the Standing
Committee of the Seventh National People’s Congress, and shall enter into
force as of April 1, 1992. Article 3 of the Law stipulates: “The organ in
charge of the quarantine of animal products leaving China for trade purpose
shall be designated by the State Council as it deems appropriate.” The State
Council maintains that, from a long-term point of view, it is more appropriate
for the agricultural department to exercise a unified administration over the
quarantine of animal products leaving China for trade purpose, but this cannot
do without a process. The State Council has, therefore, decided that the
quarantine work of animal products leaving China for trade purpose shall
continue to be undertaken by the State’s department of commodity inspection.
MEASURES OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPL’S REPUBLIC OF CHINA ON ADMINISTRATION OF THE BOND OF MATERIALS IMPORTED BY MATERIALS CORPORATIONS FOR ENTERPRISES WITH FOREIGN INVESTMENT
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The General Administration of Customs Measures of the General Administration of Customs of the Peopl’s Republic of China on Administration of the Bond of Materials Imported the General Administration of Customs March 5, 1991 Article 1 In accordance with “The Customs Law of the People’s Republic of China” and in order to improve materials supply to the enterprises Article 2 The Measures are applicable to the materials corporations supply to enterprises with foreign investment (hereinafter referred to as Article 3 The materials corporations shall go through procedures of registration for the record after presenting to the local Customs Office Article 4 The materials corporations shall present to the local Customs Office and a duplicate copy to the General Administration of Customs Article 5 The Customs shall exercise supervision and control over the bonded materials including raw materials, knock-down parts, parts and When the above-said bonded cargos are imported, they shall be declared at the Customs office upon presenting import contracts, Customs Article 6 Domestically-produced cargos which are supplied to enterprises with foreign investment shall not be allowed to be stored in the bonded Article 7 When the enterprises with foreign investment purchase the imported cargos stored in the bonded storehouses from the materials corporations, If the above-said cargos are materials or parts needed for the execution of contracts on export products, the related enterprises Article 8 Enterprises with foreign investment that are enpost_titled to tax reduction or exemption in their import cargos may also enjoy tax reduction Article 9 The duration is one year for the materials corporations to keep the imported cargos in the bonded store-houses. The corporations may The cargos that are beyond the bond timelimit or are surplus to the requirements of enterprises with foreign investment shall be shipped Article 10 The bonded cargos imported by the materials corporations shall not be sold or transferred to domestic enterprises without approval Article 11 Any act in violation of those Measures shall be dealt with by the Customs according to the relevant provisions of “The Customs Law Article 12 Customs control over the bonded means of production imported by the Shenzhen Special Economic Zone shall be exercised in accordance Article 13 The power to interpret the Measures rests with the General Administration of Customs. Article 14 The Measures shall enter into force on April 1, 1991. |
The General Administration of Customs
1991-03-05
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE REVISION OF ARTICLE 30 AND ARTICLE 31 OF THE THE PROTECTION OF CULTURAL RELICS
| Category | CULTURE | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1991-06-29 | Effective Date | 1991-06-29 |
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Decision of the Standing Committee of the National People’s Congress Regarding the Revision of Article 30 and Article 31 of the Law |
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Appendix: Article 30 and Article 31 of the Law of the People’s Republic
(Adopted at the 20th Meeting of the Standing Committee of the Seventh
National People’s Congress on June 29, 1991, promulgated by Order No. 47 of
the President of the People’s Republic of China on June 29, 1991, and
effective as of the date of promulgation)
The 20th Meeting of the Standing Committee of the Seventh National
People’s Congress, having considered the proposal submitted by the State
Council regarding the Draft Amendment to the Law of the People’s Republic of
China on the Protection of Cultural Relics, decides to make the following
revisions of Article 30 and Article 31 of the Law of the People’s Republic of
China on the Protection of Cultural Relics:
1. The following five items are added to the acts to which administrative
sanctions shall be applicable as provided in Article 30:
(1) scrawling upon, defiling or mutilating cultural relics under State
protection in not serious manners, or damaging or destroying signs put up in
accordance with the provisions of Article 9 of this Law for places to be
protected as cultural relics, for which the persons involved shall be fined
or instructed to compensate for the losses thus incurred by the public
security department or by the units to which the cultural relics belong;
(2) undertaking construction projects within the scope of protection for
a historical and cultural site, in contravention of the provisions of Article
11 of this Law, or constructing buildings or other structures within the area
delimited for the control of construction around a site to be protected for
its historical and cultural value, in contravention of the provisions of
Article 12 of this Law, for which the persons involved shall be instructed by
the departments for urban and rural planning, or by the said departments as
suggested by the departments for cultural administration, to stop the
construction and dismantle the buildings or other structures illegally
constructed, or, shall be fined;
(3) carrying out such activities as demolition or excavation in the
vicinity of sites to be protected for their historical and cultural value,
thus endangering the safety of the cultural relics, for which the persons
involved shall be stopped from continuing such activities by the public
security department or by the said department as suggested by the departments
for cultural administration, and may concurrently be fined;
(4) dealing, by agencies of cultural relics, in any cultural relics, the
buying or selling of which is not permitted by the departments for cultural
administration, for which the agencies involved shall, after examination and
verification by the administrative departments for industry and commerce in
conjunction with the departments for cultural administration, have their
illegal earnings confiscated by the administrative departments for industry
and commerce, and may concurrently be fined or shall have the cultural relics
illegally handled confiscated;
(5) selling or presenting as gifts without permission any cultural relics
in their collection by museums, libraries or like institutions under public
ownership to other museums, libraries and like institutions under public
ownership, for which, the institutions involved shall be instructed by the
departments for cultural administration to recover the cultural relics sold
or presented as gifts and shall have the illegal earnings derived therefrom
confiscated or shall be fined; and the persons in charge and the persons
directly responsible shall be given administrative sanctions by the units to
which they belong or their higher authorities.
Item (2) of Article 30 which reads: “buying or selling cultural relics
without the approval of the departments for cultural administration, for
which the persons involved shall be warned or fined by the departments for
the administration of industry and commerce, and their illegal earnings and
the cultural relics illegally handled by them may be confiscated,” is amended
to read: “buying or selling cultural relics without the approval of the
departments for cultural administration, for which, the persons involved
shall have their illegal earnings derived therefrom and the cultural relics
illegally handled confiscated by the administrative departments for industry
and commerce on their own or as suggested by the departments for cultural
administration, and may concurrently be fined.”
A new paragraph is added to Article 30 as its second paragraph which
reads: “Anyone who is not satisfied with the administrative sanctions made in
accordance with the provisions of the preceding paragraph may apply for
reconsideration or bring a lawsuit according to law.”
2. The following provisions are added to Article 31: (1) “selling or
presenting as gifts without permission any cultural relics in their
collection by museums, libraries or like institutions under public ownership
to any institution not under public ownership or to any individual, for which
the persons in charge and the persons directly responsible shall be
investigated for criminal responsibility by applying mutatis mutandis the
provisions of Article 187 of the Criminal Law;” (2) “functionaries of the
State who, by abusing their power, illegally appropriate any cultural relics
under State protection shall be deemed as embezzlers and punished as such;
those who have caused serious damage or losses to valuable cultural relics
shall be investigated for criminal responsibility by applying mutatis
mutandis the provisions of Article 187 of the Criminal Law.”
The provisions of the first paragraph of Article 31 regarding the
investigation for criminal responsibility according to law is amended to
read: (1) the wording “smuggling valuable relics out of the country” in
Item (2) is amended to read: “smuggling cultural relics, the export of which
is prohibited by the State;” (2) a new item is added, which reads:
“excavating and robbing sites of ancient culture or ancient tombs.”
The second paragraph of Article 31, which reads: “those who excavate
sites of ancient culture or ancient tombs without permission are punishable
for larceny”, is deleted.
The third paragraph of Article 31, which reads: “those who sell valuable
cultural relics in private collections to foreigners without permission are
punishable for smuggling valuable cultural relics out of the country,” is
amended to read: “Any organization or individual who, without permission,
sells or presents as a gift to a foreigner any valuable cultural relics in
its, his or her collection, the export of which is prohibited by the State,
shall be deemed as smuggler and punished as such.”
This Decision shall take effect as of the date of its promulgation.
Article 30 and Article 31 of the Law of the People’s Republic of China on
the Protection of Cultural Relics shall be republished after being
correspondingly amended according to this Decision.
Appendix: Article 30 and Article 31 of the Law of the People’s Republic
of China on the Protection of Cultural Relics
(Amended according to the Decision Regarding the Revision of Article 30
and Article 31 of the Law of the People’s Republic of China on the Protection
of Cultural Relics adopted at the 20th Meeting of the Standing Committee of
the Seventh National People’s Congress on June 29, 1991)
Article 30 Administrative sanctions shall be applied to those who have
committed any of the following acts:
(1) scrawling upon, defiling or mutilating cultural relics under State
protection in not serious manners, or damaging or destroying signs put up in
accordance with the provisions of Article 9 of this Law for places to be
protected as cultural relics, for which the persons involved shall be fined
or instructed to compensate for the losses thus incurred by the public
security department or by the units to which the cultural relics belong;
(2) hiding cultural relics discovered underground, in inland waters, in
territorial seas or in other places and failing to report and deliver them to
the State,for which the persons involved shall be warned or fined by the
public security department and the cultural relics illegally acquired by them
shall be recovered;
(3) undertaking construction projects within the scope of protection for
a historical and cultural site, in contravention of the provisions of
Article 11 of this Law, or constructing buildings or other structures within
the area delimited for the control of construction around a site to be
protected for its historical and cultural value, in contravention of the
provisions of Article 12 of this Law, for which the persons involved shall
be instructed by the departments for urban or rural planning on their own, or
by the said departments as suggested by the departments for cultural
administration, to stop the construction and dismantle the buildings or other
structures illegally constructed, or, shall be fined;
(4) carrying out such activities as demolition or excavation in the
vicinity of sites to be protected for their historical and cultural value,
thus endangering the safety of the cultural relics, for which the persons
involved shall be stopped from continuing such activities by the public
security department or by the said department as suggested by the departments
for cultural administration, and may concurrently be fined;
(5) buying or selling cultural relics without the approval of the
departments for cultural administration, for which, the persons involved
shall have their illegal earnings derived therefrom and the cultural relics
illegally handled confiscated by the administrative departments for industry
and commerce on their own or as suggested by the departments for cultural
administration, and may concurrently be fined;
(6) dealing, by agencies of cultural relics, in any cultural relics, the
buying or selling of which is not permitted by the departments for cultural
administration, for which the agencies involved shall, after examination and
verification by the administrative departments for industry and commerce in
conjunction with the departments for cultural administration, have their
illegal earnings confiscated by the administrative departments for industry
and commerce, and may concurrently be fined or shall have the cultural relics
illegally handled confiscated;
(7) selling cultural relics in private collections to foreigners without
permission, for which the persons involved shall be fined by the
administrative departments for industry and commerce, and the cultural relics
in question and the illegal earnings derived therefrom may also be
confiscated;
(8) selling or presenting as gifts without permission any cultural relics
in their collection by museums, libraries or like institutions under public
ownership to other museums, libraries and like institutions under public
ownership, for which, the institutions involved shall be instructed by the
departments for cultural administration to recover the cultural relics sold
or presented as gifts and shall have the illegal earnings derived therefrom
confiscated or shall be fined; and the persons in charge and the persons
directly responsible shall be given administrative sanctions by the units to
which they belong or their higher authorities.
Anyone who is not satisfied with the administrative sanctions made in
accordance with the provisions of the preceding paragraph may apply for
reconsideration or bring a lawsuit according to law.
Article 31 Persons who commit any of the following acts shall be
investigated for criminal responsibility according to law:
(1) misappropriating or stealing cultural relics of the State;
(2) smuggling cultural relics, the export of which is prohibited by the
State, or serious cases of speculation in cultural relics;
(3) wilful damage of valuable cultural relics or places of cultural and
historical interest under State protection;
(4) excavating and robbing sites of ancient culture or ancient tombs; or
(5) damage of, or losses to valuable cultural relics caused by the
dereliction of duty on the part of State functionaries.
Selling or presenting as gifts without permission any cultural relics in
their collection by museums, libraries or like institutions under public
ownership to any institution not under public ownership or to any individual,
for which the persons in charge and the persons directly responsible shall
be investigated for criminal responsibility by applying mutatis mutandis the
provisions of Article 187 of the Criminal Law.
State functionaries who, by abusing their power, illegally appropriate
any cultural relics under State protection shall be deemed as embezzlers and
punished as such; those who have caused serious damage of or losses to
valuable cultural relics shall be investigated for criminal responsibility by
applying mutatis mutandis the provisions of Article 187 of the Criminal Law.
Any organization or individual who, without permission, sells or presents
as a gift to a foreigner any valuable cultural relics in its, his or her
collection, the export of which is prohibited by the State, shall be deemed
as smuggler and punished as such.
Personnel in charge of cultural relics who steal cultural relics placed
under their care shall be given heavier punishment according to law.
CIRCULAR OF THE STATE COUNCIL CONCERNING THE FURTHER OPENING UP OF HEIHE CITY AND THREE OTHER FRONTIER CITIES
| Category | SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-03-09 | Effective Date | 1992-03-09 |
|
Circular of the State Council Concerning the Further Opening up of Heihe City and Three Other Frontier Cities |
|---|
The State Council has decided to further open to the outside world the
following four frontier cities: Heihe City and Suifenhe City in Heilongjiang
Province, Hunchun City in Jilin Province and Manzhouli City in the Inner
Mongolia Autonomous Region.
After the further opening of the aforesaid four frontier cities, they are
expected to expand actively frontier trade and local trade with Russia and
other countries in the Commonwealth of Independent States; to develop economic
cooperation in various forms such as investment cooperation, technical
exchange, service cooperation and so on; and to make reasonable use of local
advantages to develop manufacturing industries and tertiary industries so as
to promote the prosperity and stability of frontier areas.
The four frontier cities shall carry out following policies:
1. With respect to the frontier trades and foreign economic cooperation,
the aforesaid four cities shall implement the “Suggestions Concerning the
Vigorous Development of Frontier Trades and Economic Cooperation for Promoting
the Prosperity and Stability of Frontier Areas” which was approved by the
State Council in 1991, and other related stipulations of the state. The
provinces and the autonomous region may, within the limits of their own
authorities, vest the people’s governments of those four cities with certain
authority in administering frontier trade and economic cooperation. Within
these delegated authorities, contracts including frontier trade, manufacturing
and service cooperation and so on, may be examined and approved by these four
cities themselves. The four cities may establish, after being ratified by the
Ministry of Foreign Trade and Economic Cooperation, one or two more frontier
trade companies at the city level.
2. Encouraging the development of manufacturing trade and foreign
exchange-making agriculture. During the Eighth Five-Year Plan period, import
custom duties and product taxes (or value-added taxes) shall be exempted for
seeds, seed plants, feed and other related technical equipment imported for
developing export-oriented agricultural products, as well as for machinery and
other goods and materials imported by enterprises for manufacturing
export-oriented products or for technical improvement.
3. The four cities shall actively absorb domestic and foreign investments
so as to accelerate economic development. At present, the first stage is to
lay stress on absorbing investments from the Commonwealth of Independent
States and those from domestic enterprises so as to promote the development of
export trade; and is meanwhile to actively create favorable conditions to
expand the absorption of foreign investment from other countries or areas. The
people’s governments of the related provinces and autonomous region may
extend, within the limit of their respective authority, the limits of power
vested in the people’s governments of the four cities for examining and
approving foreign investment programs. After being approved by local tax
authorities, the enterprise income tax may be levied at the reduced rate of 24
percent for foreign-invested enterprises.
The investors from the Commonwealth of Independent States are permitted to
include within their total investment value capital goods and other goods or
equipment as contributing investments. These goods may be sold in accordance
with the frontier trade bartering stipulations and shall be granted a 50
percent reduction in import custom duties and consolidated industrial and
commercial tax.
4. The aforesaid four cities may set aside certain areas within the
administrative region of each city so as to set up frontier economic
cooperation zones. With the intent of attracting investment from inland
enterprises, each city may establish manufacturing enterprises and relevant
tertiary industries, whose products are to be exported to countries within the
Commonwealth of Independent States. The specific limits of the frontier
economic cooperation zones shall be examined and decided by the Office for
Specific Economic Zones under the State Council in conjunction with other
departments concerned.
5. Those industrial enterprises in the frontier economic cooperation zones
which have a cooperation agreement with other domestic industrial enterprises
and which have a production capacity and export figures over certain amounts,
may be granted licenses for engaging in import from and export to the
Commonwealth of Independent States after the approval by the Ministry of
Foreign Trade and Economic Cooperation. The specific standards of permitted
import and export amounts shall be decided by the Ministry of Foreign Trade
and Economic Cooperation after a study. Enterprise income tax for the
aforesaid enterprises shall be levied at a reduced rate of 24 percent locally.
Investors in the aforesaid enterprises who bring their share of profits back
to other inland regions, shall have 9 percent more income tax collected by the
tax authorities of those inland regions. The investment direction adjustment
tax shall be exempted within the period of the Eighth Five-Year Plan of the
national economy.
6. Goods which are obtained by the aforesaid enterprises and the
foreign-invested enterprises located in the frontier economic cooperation
zones through barter trade with countries in the Commonwealth of Independent
States may be sold without authorization, and a 50 percent reduction of
customs duties and consolidated industrial and commercial taxes shall be
granted at the time of their importation. As to those commodities whose
imports are limited by the State, the enterprises shall go through the
examination and approval procedures in accordance with related stipulations by
the State.
7. With respect to machinery, equipment and other construction goods which
must be imported for the construction of the necessary infrastructure within
the frontier economic cooperation zones, import customs duties and product
taxes (or value-added taxes) may be exempted. Within the period of the Eighth
Five-Year Plan, the newly increased fiscal revenue in the frontier economic
cooperation zones may be left with the localities and used for the
construction of the necessary infrastructure.
8. Within the period of the Eighth Five-Year Plan, the People’s Bank of
China shall arrange forty million yuan (ten million yuan for each city) in
special fixed assets loans each year, which shall be used for the development
of the frontier economic cooperation zones. This shall be listed in the state
credit and investment plan.
The people’s governments of Heilongjiang Province, Jilin Province and the
Inner Mongolia Autonomous Region shall strengthen their leadership role
towards the four cities, and shall help them to perfect overall planning of
development. The scale of construction in the four cities must be appropriate
to the feasibility of development, and over-ambitious development plans must
be abandoned. While expanding the opening to the outside world and speeding up
economic construction, the four cities shall strengthen the building of a
socialist society with an advanced culture and ideology, strengthen economic
management and control, and ensure the security and stability in frontier
areas as well as the healthy development of various undertakings.