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CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCLL CONCERNING CHINA’S ACCESSION TO THE HAGUE CONVENTION AND THE MONTREAL CONVENTION

Circular of the General Office of the State Councll Concerning China’s Accession to the Hague Convention and the Montreal Convention

     (Effective Date:1980.11.03–Ineffective Date:)

Upon approval by the State Council, China acceded on September 10, 1980 to the Convention Concerning the Checking of the Illegal Hijacking
of Aircraft (hereinafter referred to as “the Hague Convention”) and the Convention Concerning the Checking of Illegal Acts that Jeopardize
Civil Aviation Safety (hereinafter referred to as “the Montreal Convention”) which had been concluded internationally, and declared
at the time of accedence that China shall not be bound by Paragraph 1 of Article 12 of the Hague convention and paragraph 1 of Article
14 of the Montreal Convention and that the signing and rectification of the Conventions by the Taiwan authorities in the name of
China are illegal and Mull and void. The two Conventions became applicable to China on October 10, 1980.

Since the beginning of the 1960s, incidents involving using violence to hijack civil aircraft and damaging civil aviation facilities
have frequently occurred in the world. In order to check such acts of terrorism and safeguard the safety of international civil aviation,
the International Civil Aviation Organization presided in 1963 over the formulation of the Convention Concerning Crimes and Some
Other Acts in Aircraft (hereinafter referred to as “the Tokyo Convention”, to which China acceded in November 1978 upon approval
by the State Council) and, following that it formulated in 1970 and 1971 successively the Hague Convention and the Montreal Convention.
These Conventions are of positive significance to protecting the safety of civil aircraft and other civil aviation facilities.

In recent years, although the incidence of hijacking and other terrorist acts has been reduced in the world, they do occur occasionally;
and on China’s civil aircraft, there have been three attempted hijacking incidents for the purpose of fleeing the country. In order
to ensure the safety in transport for international and domestic airliners and effectively guard against the occurrence of hijacking
and other criminal acts, it is hoped that various regions and competent departments earnestly implement the relevant Articles of
the aforementioned international Conventions (for the translated Chinese version of the Hague Convention and the Montreal Convention,
please see the State Council Bulletin Number 17 of 1980 and, for the translated Chinese version of the Tokyo Convention, please see
the document of the Civil Aviation Administration of China and the Ministry of Foreign Affairs, Ref.: (78) Zhijizi No. 591), heighten
their vigilance, tighten the ground security check and the on board security protection measures and strictly prevent any attempt
to use violence to hijack aircraft or damage civil aviation facilities so as to guarantee the safety in China’s civil aviation. In
the event that incidents should occur involving foreign countries such as hijacked foreign aircraft landing in China, the matter
should be handled properly in accordance with the law of China and with reference to the relevant provisions of the aforementioned
three Conventions.

    





PROVISIONAL REGULATIONS FOR FOREIGN EXCHANGE CONTROL OF THE PEOPLE’S REPUBLIC OF CHINA

INTERIM PROVISIONS FOR STRENGTHENING THE ADMINISTRATION OF PUBLICATION IN CO-OPERATION WITH FOREIGN COUNTRIES

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1981-10-12 Effective Date  1981-10-12  


Interim Provisions for Strengthening the Administration of Publication in Co-operation With Foreign Countries



(Approved and promulgated by the State Council on October 12, 1981)

    These Provisions are formulated for the purpose of strengthening the
leadership over, and administration of, the work of publication in
co-operation with foreign countries.

    1. Publication in co-operation with foreign countries shall conform to
China’s foreign policy and principle and facilitate the strengthening of
China’s publicity in and cultural exchanges with, foreign countries, shall do
no harm to China’s sovereignty and national interests and shall be strictly
governed by the State provisions concerning the maintenance of secrets.

    2. In co-operation with foreign countries in publication, it is imperative
to study the situation of the international book market, safeguard the rights
and interests of China’s authors and publishers and, on the basis of equality
and mutual benefits, achieve reasonable economic returns.

    3. A publishing house shall determine its projects of co-operation with
foreign countries in the light of its own conditions and characteristics and
in conformity with its own publishing principle and scope of publication.

    4. Projects of publication in co-operation with foreign countries shall be
determined through full consultation between the two parties thereto. The
editing principle, the contents of the manuscript and the finalized version
thereof with respect to a book or journal to be jointly published shall all be
subject to the consent of the Chinese party. Without the consent of the
Chinese party, no part of the contents of a manuscript that has been examined
and finalized by the Chinese party may be supplemented, deleted or otherwise
altered by the other party. Pictures selected for use in picture-albums or
other books or journals to be jointly published for the purpose of giving
information about China shall in general be provided by the Chinese party and
it is unadvisable to have them taken by the other party or jointly taken by
both parties.

    5. Manuscripts edited by a foreign country to be jointly published for use
by Chinese readers shall be those of which China is in urgent need and shall,
when necessary, be duly supplemented, deleted or re-edited in accordance with
the actual situation in China. Financially, every possible means shall be
tried to avoid making payment in foreign exchange for the economic returns
that the other party shall be enpost_titled to.

    6. Publication in co-operation with foreign countries shall only be
undertaken by the publishing houses that have been officially authorized by
the State. No non-publishing units or individuals may undertake publication in
co-operation with foreign countries. Without the permission of the original
publishing houses, no publishing houses may co-operate with foreign parties in
publishing books or journals published by other publishing houses. A
publishing house that intends to co-operate with a foreign party in publishing
a manuscript shall solicit in advance the permission of the author or the
original editing unit.

    7. A publishing house may negotiate co-operative publication business
directly with a foreign party or may entrust a specialized company that has
been authorized by the State to handle co-operative publication business with
foreign countries or entrust a reliable foreign agency with the negotiation.

    8. Foreign units that are to co-operate with China in publication business
shall be those which are friendly to China and have reliable credit and
financial resources. It is imperative not to sign contracts with foreign
businessmen whose standing is not clear.

    9. In order to specify the rights and obligations of both parties, a
contract prescribing a time limit shall be signed. As to the ownership of the
copyright, the transfer by one party to the other of the right of publication
and distribution and of other rights or the permission by one party to the
other of the use of these rights, as well as the amount of remuneration, the
mode and time of payment thereof shall be stipulated item by item in the
contract. With respect to manuscripts and pictures that are provided by the
Chinese party, without the consent of the Chinese party, the other party may
not transfer the copyright, or extend the use thereof, or extend the areas
where they shall be distributed.

    10. In determining projects of co-operative publication with foreign
countries, the following formalities of examination and approval shall,
depending on the different circumstances, be carried out respectively:

    With respect to publications that have been published domestically,
publishing houses at the central level may make their own decisions and report
the projects to the higher competent authority for the record, whereas
publishing houses in the localities shall submit their project proposals to
the publication bureaus of the provinces, municipalities directly under the
Central Government or autonomous regions for examination and approval.

    With respect to publications that have not come off the press
domestically, publishing houses at the central level shall submit their
project proposals to the higher competent authority for examination and
approval, and publishing houses in the localities shall submit their project
proposals to the people’s governments of the provinces, municipalities
directly under the Central Government or autonomous regions for examination
and approval. With respect to a project of co-operative publication of
full-length book series whose contents have a nation-wide bearing, consent of
the State Bureau of Publication shall have to be solicited in advance.

    With respect to manuscripts whose contents involve the major principles of
the Party and the State and China’s foreign policy and to works by, or
biographies of, the leaders of the Party and the State, the project proposals
shall, after being counter signed by the State Bureau of Publication, be
submitted to the State Council for examination and approval.

    The taking of photographs of important cultural relics and other rare,
precious objects and the use of such photographs, and the publication of maps
that involve boundary lines of China shall be handled in strict accordance
with the pertinent provisions of the State.

    With respect to a publication project of co-operation with a foreign
party, the report submitted requesting the examination and approval of the
project proposal, copies of the contract (or agreement) both in Chinese and in
the foreign language concerned and the sample version of the item to be
published shall be submitted to the State Bureau of Publication for the record.

    11. With respect to trips abroad and back to China by professional
personnel needed in effecting publication in co-operation with foreign
countries, the competent departments shall simplify the examining and
approving formalities and provide convenience so as to facilitate the smooth
implementation of the contract.

    12. For books and journals published co-operatively, remuneration shall be
paid to the authors on the merits of each case and in accordance with the
existing domestic system of remuneration.

    For manuscripts that are published for the first time, the remuneration
may be slightly higher than the domestic rates.

    If a manuscript that has been published domestically is used, appropriate
fees may as well be paid, which shall in general not exceed 60 percent of the
original remuneration.

    If works of foreign authors are used, the remuneration may be slightly
higher than that which would be paid to domestic authors.

    The aforesaid remunerations shall be paid in Renminbi. The few really
special cases that require payment in foreign exchange, the payment shall,
upon approval by the higher competent departments, be made out of the foreign
exchange that the units concerned have obtained.

    13. In the work of publication in co-operation with foreign countries, it
is imperative for various publishing houses to display the socialist style of
co-operation among themselves, keep each other well informed, and work in
co-ordination when dealing with foreign countries. Differences and
contradictions, should they arise, shall be settled through consultations
among themselves or mediation by higher authorities.

    14. In dealings with foreign countries, it is imperative to strictly abide
by the disciplines related to foreign affairs and uphold our national dignity
and state prestige.





REGULATIONS ON THE QUARANTINE OF IMPORTED AND EXPORTED ANIMALS AND PLANTS

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1982-06-04 Effective Date  1982-06-04 Date of Invalidation  1992-04-01


Regulations of the People’s Republic of China on the Quarantine of Imported and Exported Animals and Plants

Chapter I  General Provisions
Chapter II  Import Quarantine
Chapter III  Export Quarantine
Chapter IV  The Quarantine of Articles Carried by Travellers
Chapter V  The Quarantine of International Mail Parcels
Chapter VI  Transit Quarantine
Chapter VII  Punishments
Chapter VIII  Supplementary Provisions

(Promulgated by the State Council on June 4, 1982) (Editor’s Note: These

Regulations have been annulled by Law of the People’s Republic of China on the
Entry and Exit Animal and Plant Quarantine promulgated on October 30, 1991)
Chapter I  General Provisions

    Article 1  These Regulations are formulated in order to protect the
agriculture, forestry, animal husbandry and fishery of our country and the
health of our people, safeguard our reputation in foreign trade, fulfil our
international obligations, prevent diseases, insects, weeds and other harmful
organisms, which harm animals and plants, from spreading into or out of China
and strengthen the quarantine of import and export animals and plants.

    Article 2  All commercial or non-commercial animals, plants, animal
products, vegetable products and their means of transport which enter, leave
or pass through territories of the People’s Republic of China are within the
quarantine range under these Regulations, particularly including the following:

    (1) Animals: livestock, poultry, wild animals, bees, fish, silkworms, etc.

    (2) Animal products: raw hides, hair, meat, viscera, fat, blood, eggs,
semen, bones, hoofs, horns, etc.

    (3) Plants: cultivated plants, wild plants and their seeds, nursery stock,
propagating materials, etc.

    (4) Vegetable products: grains, beans, pease, cotton, oils, hemp, flax,
tobacco, kernels, dried fruits, fresh fruits, vegetables, raw medicinal
materials, logs, fodder, etc.

    (5) Vehicles, vessels and aircraft carrying animals, plants, animal
products and vegetable products as well as packing, bedding and padding
materials, breeding tools, etc.

    The other goods and means of transport which may carry the objects of
quarantine shall also be put in quarantine.

    Article 3  Animal infectious diseases and parasites, insects and weeds
which are dangerous to plants as well as other harmful organisms (generally
designated as insect vectors) shall be put in quarantine and divided into
the objects of quarantine and quarantinable insect vectors.

    (1) The objects of quarantine mean the insect vectors which are prohibited
from entering China as stipulated by the State. The list of the objects of
quarantine shall be promulgated by the Ministry of Agriculture, Animal
Husbandry and Fishery of the People’s Republic China.

    (2) Quarantinable insect vectors include those put in quarantine as
stipulated in relevant agreements and trade contracts with foreign countries
and those for which the export units have applied for quarantine.

    Article 4  The animal and plant quarantines set up in the ports and
airports of the People’s Republic of China which are open to international
navigation or air traffic as well as on land borders and border rivers, and
the animal and plant quarantine station set up in the capitals of provinces
and autonomous regions concerned (hereinafter generally referred to as port
animal and plant quarantine authorities) are the authorities concerned which
conduct quarantine duties of import and export animals and plants on behalf
of the State.

    Article 5  All animals, plants, animal products, vegetable products and
their means of transport shall be permitted to be imported or exported only
after passing the standard upheld by quarantine.
Chapter II  Import Quarantine

    Article 6  An application shall be made in advance to the Ministry of
Agriculture, Animal Husbandry and Fishery for approval to import animals
and animal products. However, an application shall be made in advance to the
Ministry of Forestry for approval where the import of wild animals and their
products are concerned.

    To import seeds, nursery stock and propagating materials, import
departments shall fill in “Examination and Approval Lists for Quarantine of
Seeds and Nursery Stock Imported” for submission. For those to be imported
by the departments concerned of the State Council, such lists shall be
submitted separately according to the professional division of work to the
Ministry of Agriculture, Animal Husbandry and Fishery or the Ministry of
Forestry respectively for examination and approval; for those to be imported
by the departments of provinces, autonomous regions and municipalities
directly under the Central Government, they shall be submitted to the
Departments (or Bureaux) of Agriculture (Forestry or State Farm and Land
Reclamation) of respective areas for examination and approval.

    Article 7  Any quarantine regulations which China stipulated or agreed
between governments should be indicated on the agreement for trade, technical
co-operation, gift, exchange or assistance for the importation of animals,
plants and their products. The said agreement shall also indicate the
necessity of the enclosure of a quarantine certificate issued by the
authorized organ of the country of export.

    Article 8  Animals, plants, animal products and vegetable products
imported shall be quarantined by port animal and plant quarantine authorities.

    (1) Before or after the arrival of goods in a port, the consignee unit or
its agent shall fill in the declaration for quarantine and submit it (or the
waybill) together with such documents as the quarantine certificate from
the export country to the port animal and plant quarantine authorities for
quarantine.

    (2) For trains or motor vehicles entering the territory, the port animal
and plant quarantine authorities shall carry out quarantine duties and
inspection aboard the train or vehicle together with the border authorities
concerned; for incoming vessels, quarantine duties shall be carried out on
board after the joint inspection; for incoming aircraft, quarantine shall be
implemented on the spot where goods are unloaded.

    Article 9  A “Quarantine Clearance Notice” shall be signed and issued
for all animals, plants, animal products or vegetable products imported in
which no objects of quarantine or quarantinable insect vectors are found
through quarantine, or such clearance shall be stamped on the waybill so as
to permit them to be imported.

    Article 10  For all imported animals or animal products in which the
objects of quarantine and quarantinable insect vectors are found through
quarantine, a “Quarantine Disposal Notice” shall be signed and issued
according to different circumstances and the declarer(s) shall be notified to
dispose of them separately in the following ways:

    (1) The animal(s) which has(have) contracted a serious infectious
disease, and all others in the same flock shall be wholly returned or killed
and its (their) remains shall be destroyed.

    (2) The animal(s) which has(have) contracted a general infectious
disease shall be returned or killed and its (their) remains shall be
destroyed; the other animals in the same flock shall be isolated and put
under observation in the animal quarantine isolation yard or a designated
place.

    (3) The animal(s) which has(have) contracted a non-infectious disease
shall be treated medically.

    (4) Animal products shall be sterilized, returned or destroyed.

    If the animals which are isolated and observed as mentioned in Item (2)
above and which are treated as mentioned in Item (3) do not have any disease
found through quarantine, and if the animal products as mentioned in Item
(4) passed the examination of quarantine after sterilization, they shall be
allowed to be imported.

    Article 11  For the imported plants or vegetable products in which the
objects of quarantine and quarantinable insect vectors are found through
quarantine, a “Quarantine Disposal Notice” shall be signed and issued
according to different circumstances and the declarer(s) shall be notified
to dispose of the same separately in ways such as fumigation, sterilization,
controlled use, return or destruction. They shall be allowed to be imported
if they passed the examinations after such neutralizing treatments as
fumigation, sterilization, etc..

    Article 12  The quarantine and disposition of imported animals, plants,
animal products and vegetable products shall be carried out in the ports of
import.

    Applications shall be made to the Ministry of Agriculture, Animal
Husbandry and Fishery for approval if they shall be transported to a designated
inland place for disposition due to the limitation of the conditions in the
port or other causes. In the course of transportation and handling, strict
measures shall be adopted to prevent the epidemic situation from proliferating
and a notice shall be given to the local quarantine department for
supervision.

    Article 13  The declarer(s) or consignee unit shall deal with the places,
warehouses, means of transport, bedding and padding materials, breeding
tools, etc. which are contaminated by the objects of quarantine or
quarantinable insect vectors as required by the port animal and plant
quarantine authorities.

    Article 14  If any object of quarantine or quarantinable insect vector
is found in imported animals, plants, animal products or vegetable products
through quarantine, the port animal and plant quarantine authorities shall
issue quarantine certificates according to different circumstances.

    Article 15  The following shall be prohibited from import:

    (1) daily injurious insects, animal or plant pathogenic micro-organisms
(including cultures of bacteria, cultures of viruses, biological products) and
other harmful organisms;

    (2) the animals, seeds, nursery stock and propagating materials relating
to a country or area in a serious epidemic situation as well as susceptible
animal products and vegetable products;

    (3) soil.

    The list of the aforesaid which are prohibited from import shall be
publicly announced by the Ministry of Agriculture, Animal Husbandry and
Fishery. If it is necessary, to import any of them for scientific research, an
application shall be made in advance for the special approval by the Ministry
of Agriculture, Animal Husbandry and Fishery.
Chapter III  Export Quarantine

    Article 16  If animals, plants, vegetable products or non-commercial
animal products to be exported are required to be quarantined, the export
unit or its agent shall file a declaration for quarantine in advance, submit
the quarantine certificate from the place of production and declare the same
at the port animal and plant quarantine authorities for quarantine.

    They shall be cleared by a quarantine certificate signed and issued by
the authorities concerned after passing the requisite examination.

    The export quarantine of commercial animal products shall be handled by
the import and export commodity inspection authorities.

    Article 17  The animals, plants, animal products or vegetable products in
which quarantinable insect vectors are found through quarantine shall be
prohibited from export or shall go through neutralizing treatments before
export.

    Article 18  The contaminated areas, warehouses, means of transport,
bedding and padding materials, breeding tools, etc. shall be dealt with as
stipulated in Article 13 of these Regulations.
Chapter IV  The Quarantine of Articles Carried by Travellers

    Article 19  The animals, plants, animal products or vegetable products
carried or consigned by the travellers or communications staff entering the
territory shall be put in quarantine on the spot in port. They shall be
cleared if no objects of quarantine are found through quarantine; those in
which the objects of quarantine are found shall be prohibited from entering
the territory or released only after sterilization. If no quarantine results
can be obtained on the spot, such articles shall be kept in custody pending
further quarantine and the owner shall be informed of the final disposition
of the articles after the quarantine results are obtained.

    Article 20  The raw meat carried or consigned by the travellers or
communications staff shall go through epidemic prevention check before being
permitted to enter the territory.

    Article 21  The animals, plants, animal products or vegetable products
carried or consigned by the travellers or communications staff leaving the
territory shall be put in quarantine with clearance certificates granted in
accordance with the circumstances.
Chapter V  The Quarantine of International Mail Parcels

    Article 22  The plants and vegetable products mailed into the territory
shall be quarantined by the port animal and plant quarantine authorities. A
parcel without and objects of quarantine found through quarantine shall be
cleared by putting a mailing clearance stamp on the parcel. A “Quarantine
Disposal Notice” shall be signed and issued after the quarantine of a parcel
in which the objects of quarantine are found and sent together with the parcel
to the addresses by post. A parcel failing to go through quarantine shall be
returned with a return-label to the sender by post. A “Quarantine Disposal
Notice” shall be signed and issued for a parcel to be destroyed and the
notice shall be sent to the sender by post. Raw animal products shall be
prohibited from entering the territory by post (a small quantity of sample
excepted).

    Article 23  The plants, animal products or vegetable products mailed out
of the territory shall be put in quarantine with clearance certificates
granted according to circumstances.

    Article 24  Permits shall be signed and issued by the Ministry of
Agriculture, Animal Husbandry and Fishery for the importation of daily harmful
injurious insects, animal or plant pathogenic micro-organisms (including the
cultures of bacteria, the cultures of viruses, biological products) and other
harmful organisms as well as the natural enemies of diseases and insect pests.
Chapter VI  Transit Quarantine

    Article 25  For the animals, plants, animal products or vegetable
products in transit through the territory, the carrier shall file a
declaration or a waybill for quarantine and declare them at the port animal
and plant quarantine authorities for quarantine at the port of entry. This
shall be presented together with the quarantine certificate from the country
of origin. They shall not be quarantined again at the port of exit.

    Article 26  If the plants, animal products or vegetable products carried
by a train, truck or aircraft through the territory change means of transport
in one of China’s ports, the exteriors of their packages shall be examined;
if they pass through the territory in the original vehicle, the exterior of
the vehicle shall be examined. If no objects of quarantine are found through
quarantine, a “Quarantine Clearance Notice” shall be signed and issued or a
quarantine clearance stamp shall be affixed on the waybill so as to permit
them to go through. If any objects of quarantine are found, the articles
shall be wholly returned. The contaminated places, tools, etc. shall be dealt
with as stipulated under Article 13 of these Regulations.

    Article 27  If animals in transit have no objects of quarantine found
through quarantine, they shall be permitted to pass through the territory, if
any objects of quarantine are found in them, they shall be wholly returned.
The contaminated places, tools, etc. shall be dealt with as stipulated under
Article 13 of these Regulations.

    The fodder, excrement, urine, padding grass, dirt, remains, etc. of the
animals in transit shall be treated in designated places and shall not be
cast away indiscriminately.

    If any objects of quarantine are found in the fodder of the animals in
transit, the carrier shall be notified to replace the fodder and the original
fodder shall be sterilized on the spot.
Chapter VII  Punishments

    Article 28  Those found in violation of these Regulations shall be
criticized, disciplined or fined according to different circumstances. For
serious cases, punishments shall be given by judicial authorities according
to law.
Chapter VIII  Supplementary Provisions

    Article 29  The units concerned shall render necessary assistance to the
port animal and plant quarantine authorities when they are executing their
duties in ports, airports, stations, post offices, warehouses, etc.

    When the port animal and plant quarantine authorities execute field
quarantine, the declarer(s) shall be present, when necessary, to render such
assistance as moving, opening and repacking packages, etc.

    A certificate for sampling shall be issued if the port animal and plant
quarantine authorities take samples.

    Article 30  The departments in charge shall notify the port animal and
plant quarantine authorities concerned in time of the quarantine clauses in
any agreements or trade contracts entered into and signed with foreign
countries.

    Article 31  When port animal and plant quarantine officers are on
quarantine duties, they shall wear quarantine uniform and insignia.

    Article 32  The port animal and plant quarantine authorities may collect
quarantine fees in the execution of quarantine and the procedures for such
collection shall be formulated by the Ministry of Agriculture, Animal
Husbandry and Fishery.

    Article 33  The rules for the implementation of these Regulations shall
be formulated by the Ministry of Agriculture, Animal Husbandry and Fishery
jointly with the Ministry of Forestry.

    Article 34  These Regulations shall be put into effect as of the date of
promulgation.





ANNOUNCEMENT OF THE STATE COUNCIL ON TAXATION OF JOINT VENTURES AND COOPERATIVE OPERATIONS WITH CHINESE-FOREIGN INVESTMENT

MEASURES FOR THE IMPLEMENTATION OF THE PROVISIONS FOR LABOUR MANAGEMENT IN CHINESE-FOREIGN EQUITY JOINT VENTURES

The Ministry of Labour and Personnel

Measures for the Implementation of the Provisions for Labour Management in Chinese-foreign Equity Joint Ventures

the Ministry of Labour and Personnel

December 24, 1983

These Measures are specially formulated in order to facilitate the smooth implementation of the “Provisions for Labour Management
in Chinese-foreign Equity Joint Ventures” (hereinafter referred to as “Management Provisions”) and to facilitate the development
of Chinese-foreign equity joint ventures (hereinafter referred to as “joint ventures”).

Article 1

The labour plans of a joint venture, after being decided by the board of directors, shall be filed with the department in charge of
the venture and the local labour personnel department and shall be brought into line with the state labour plan.

Article 2

New workers to be employed by a joint venture according to its labour plan shall be openly recruited in line with the relevant policies
of the State in the region defined by the labour personnel department and shall be selected for employment on the basis of their
qualifications through testing.

If the newly-recruited workers have to undergo training, the joint venture may fix a period of time for training according to its
needs. All the trainees must be tested by the joint venture at the end of the training period and selected for employment on the
basis of their qualifications. Those still unqualified shall be retrained or sent back.

Article 3

If the engineers technicians and managing personnel in the locality cannot satisfy the quantitative needs of the joint venture, the
joint venture may recruit them from outside the region upon approval by the labour personnel department in the relevant province,
municipality or autonomous region and with the consent of the labour personnel departments in the regions concerned.

The joint venture may fix a probation period for the newly-recruited personnel and the personnel recommended by the department in
charge of the venture or the local labour personnel department in line with the Article 3 of the Management Provisions. They must
be formally employed if they are proved to be qualified during the probation period. Those unqualified shall be sent back and should
be accepted by their original units if they are permanent staff and workers.

Article 4

Apart from the agents of the foreign participant in a joint venture, all the staff and workers of a joint venture shall be recruited
from among Chinese people, provided the Chinese side can provide the qualified Chinese people.

Article 5

The employment of personnel of a joint venture shall be conducted in the form of signing a labour contract which, apart from the relevant
matters listed in the first clause of the Article 2 of the Management Provisions shall stipulate the effective period of contract,
conditions for its modification and termination and the rights and obligations of the venture and its staff and workers.

The labour contract shall be concluded by the joint venture and the venture’s trade union organization through consultations (or by
the joint venture and representatives of its staff and workers if the trade union is not yet organized). and in accordance with Article
2 of the Management Provisions the contract shall be submitted to the labour personnel department in the province, municipality
or autonomous region for approval. The labour personnel department in the province, municipality or autonomous region may authorize
the labour personnel department in the county where the venture is located to ratify the contract.

The joint venture may sign a collective labour contract with the venture’s trade union organization or sign contracts with individual
staff and workers. Once a contract is signed it should be observed by both sides. The modification of a contract at the request of
one side must be agreed upon by both sides and submitted for approval to the original approving organ.

In addition to the labour contracts, the joint venture may sign labour service contracts with the units which provide personnel or
the local labour service companies on recruitment, employment and dismissal of workers and staff.

Article 6

The joint venture shall strengthen the work of regularly training the staff and workers to improve their technical skills. Expenses
incurred in training may be handled in accordance with the “Supplementary Circular on the Interim Provisions for Control and Spending
of Educational Funds for Staff and Workers” issued by the Ministry of Finance in 1982.

Article 7

When a joint venture wants to dismiss redundant staff and workers as a result of a change in production and technical conditions or
other reasons during the contractual period, it must notify the venture’s trade union organization and the dismissed staff and workers
one month before the dismissal. The dismissal decision shall be submitted for the record to the department in charge of the venture
and the local labour personnel department.

Workers and staff should not be dismissed during the period of their treatment or recuperation for industrial injury and occupational
diseases or during the period of their treatment at hospitals for illness and injury irrelevant to their work. Women workers and
staff also should not be dismissed during their pregnancy over six months or during maternity leave.

The joint venture should give compensation to those workers and staff who are dismissed during the period of the labour contract or
after the expiration of the contract according to their length of work in the venture. The dismissed worker may be paid one month
of the average wage of the venture for each full year’s work. Those who have worked more than 10 years shall be paid one-and-half
months of the average wage of the venture for each full year’s work, starting from the 11th years.

Article 8

Workers and staff of a joint venture may resign for special reasons during the period of the labour contract and shall submit their
application to the venture through their trade union organization one month before their resignation. The venture shall permit the
resignations of workers and staff who have just reasons, but shall not give them compensation.

If the workers and staff, who received training provided by the venture want to resign during the contractual period, they shall compensate
the venture for an agreed amount of the expenses incurred in their training.

Article 9

The joint venture shall give moral encouragement or material reward to those workers and staff who observe the venture’s rules and
regulations in an exemplary way and make fine achievements in fulfilling their tasks of production or other work, carrying on technical
innovation and improving management. Those who have made outstanding achievements shall be promoted or their wage levels increased.
The decision for such awards shall be made by the general manager and vice-general managers.

Article 10

The joint venture may, in accordance with the seriousness of the case, impose criticism or punishment on staff and workers who violate
the rules, regulations or labour discipline with adverse effects to the joint venture necessary, may impose a fine or economic sanction.
Those who commit serious mistakes and refuse to mend their ways despite repeated admonition may be expelled.

The sanctions shall be decided upon by the general manager and vice-general managers after seeking opinion from the venture’s trade
union organization and listening to the argument from the persons concerned. The sanction of discharge must be reported to the department
in charge of the venture and the labour personnel department for the record.

Article 11

When the joint venture administers reward or punishment to those workers and staff appointed by the administrative organs of the government,
the power and procedures for the ratification shall be handled in accordance with the “Interim Provisions of the State Council on
Awarding and Punishment of Personnel in the State Administrative Organs” issued in 1957.

Article 12

The joint venture shall pay the Chinese workers and staff in accordance with the wage levels stipulated in Article 8 of the Management
Provisions. The increase in wages shall be decided upon by the board of directors in the light of the regulations of contract, articles
of association and the state of the venture’s production and management. It is not necessary to keep to the scales set by state-run
enterprises.

The real wages of the workers and staff of state-run enterprises in the locality in the same line of business stated in Article 8
of the Management Provisions means the average wages of the workers and staff in the state-run enterprises in the locality in the
same line of business and with similar production scales and technical conditions. The concrete amounts of the wages shall be examined
and approved by the local labour personnel department together with the financial department and the department in charge of the
venture.

Workers and staff who leave a joint venture and join another unit shall be paid in accordance with the system of wage standards, bonuses
and subsidies of the unit.

Article 13

The joint venture must pay the Chinese workers and staff, in accordance with Article 11 of the Management Provisions, labour insurance,
welfare benefits and various government subsidies on house rent, prices of basic daily necessities, culture, education, health protection,
etc. for staff and workers. The amount of these funds shall be examined and approved by the labour personnel department in the province,
municipality or autonomous region together with the financial department and the department concerned, and readjusted in line with
changes in the standards of the labour insurance, welfare benefits and various government subsidies in state-run enterprises.

The labour insurance welfare benefits of a joint venture paid to the Chinese participants in a joint venture shall be used under the
supervision of the venture’s trade union organization. The subsidies shall be handled according to the relevant regulations of the
government.

Article 14

The labour insurance and welfare benefits of the staff and workers in a joint venture shall be handled in accordance with the relevant
regulations of the Chinese government for state-run enterprises. The joint venture may express its opinion on the clauses or items
in the regulations if it considers them unsuitable and may make proposals which shall be implemented after approval by the labour
personnel department in the province, municipality or autonomous region for ratification with the consent of the financial department
and the trade union at the same level.

Article 15

The joint venture should pay attention to strengthening labour protection for its staff and workers and appoint proper and sufficient
personnel in charge of the labour protection work. Effective measures must be taken to improve the labour conditions of the staff
and workers and ensure safety in production and civilized production. The expenses in this field may be settled in accordance with
the “Circular On Strengthening Protection from Silicon Dust and Toxic Materials” issued by the State Planning Commission in 1973.

Article 16

The joint venture shall implement the systems of work schedules, holidays and paid leave of absence which are carried on in China’s
state-run enterprises. It must distribute labour protection appliances to the staff and workers with reference to the standards in
state-run enterprises.

Article 17

When staff and workers die or suffer injuries from industrial accidents or sustain severe occupational poisoning and other injurious
occupational accidents, the joint venture shall report the matter promptly to the department in charge of the venture and local labour
personnel department and trade union organization, and accept their investigation and treatment.

Article 18

The joint venture in special economic zones should implement the labour management provisions stipulated by the zone.

Article 19

These Measures shall be implemented under the supervision of the labour personnel departments at various levels.

Article 20

These Measures shall enter into force as of the date of promulgation.



 
The Ministry of Labour and Personnel
1983-12-24

 






REGIONAL NATIONAL AUTONOMY

Law of the People’s Republic of China on Regional National Autonomy

     (Effective Date:1984.10.01–Ineffective Date:)

LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON REGIONAL NATIONAL AUTONOMY

(Adopted at the Second Session of the Sixth National People’s Congress, promulgated by Order No.13 of the President of the People’s
Republic of China on May 31, 1984, and effective as of October 1, 1984)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II ESTABLISHMENT OF NATIONAL AUTONOMOUS AREAS AND THE STRUCTURE OF THE ORGANS OF SELF-GOVERNMENT

CHAPTER III THE POWER OF AUTONOMY OF THE ORGANS OF SELF-GOVERNMENT

CHAPTER IV THE PEOPLE’S COURTS AND PEOPLE’S PROCURATORATES OF NATIONAL AUTONOMOUS AREAS

CHAPTER V RELATIONS AMONG NATIONALITIES WITHIN A NATIONAL AUTONOMOUS AREA

CHAPTER VI LEADERSHIP AND ASSISTANCE FROM STATE ORGANS AT HIGHER LEVELS

CHAPTER VII SUPPLEMENTARY PROVISIONS

PREFACE

The People’s Republic of China is a unitary multinational state created jointly by the people of all its nationalities. Regional national
autonomy is the basic policy adopted by the Communist Party of China for the solution of the national question in China through its
application of Marxism-Leninism; it is an important political system of the state.

Regional national autonomy means that the minority nationalities, under unified state leadership, practise regional autonomy in areas
where they live in concentrated communities and set up organs of self-government for the exercise of the power of autonomy. Regional
national autonomy embodies the state’s full respect for and guarantee of the right of the minority nationalities to administer their
internal affairs and its adherence to the principle of equality, unity and common prosperity for all its nationalities.

Regional national autonomy has played an enormous role in giving full play to the initiative of all nationalities as masters of the
country, in developing among them a socialist relationship of equality, unity and mutual assistance, in consolidating the unification
of the country and in promoting socialist construction in the national autonomous areas and the rest of the country. The system of
regional national autonomy will have a still greater role to play in the country’s socialist modernization in the years to come.

It has been proven by practice that adherence to regional national autonomy requires that the national autonomous areas be given effective
guarantees for implementing state laws and policies in the light of existing local conditions; that large numbers of cadres at various
levels and specialized personnel and skilled workers of various professions and trades be trained from among the minority nationalities;
that the national autonomous areas strive to promote local socialist construction in the spirit of self-reliance and hard work and
contribute to the nation’s construction as a whole; and that the state strive to help the national autonomous areas speed up their
economic and cultural development in accordance with the plans for national economic and social development. In the effort to maintain
the unity of the nationalities, both big-nation chauvinism, mainly Han chauvinism, and local national chauvinism must be opposed.

Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the people of various
nationalities in the autonomous areas shall, together with the people of the whole country, adhere to the people’s democratic dictatorship
and to the socialist road, concentrate their efforts on socialist modernization, speed up the economic and cultural development of
the national autonomous areas, work towards their unity and prosperity and strive for the common prosperity of all nationalities
and for the transformation of China into a socialist country with a high level of culture and democracy.

The Law of the People’s Republic of China on Regional National Autonomy is the basic law for the implementation of the system of regional
national autonomy prescribed in the Constitution.

CHAPTER I GENERAL PROVISIONS

   Article 1. The Law of the People’s Republic of China on Regional National Autonomy is formulated in accordance with the Constitution of the
People’s Republic of China.

   Article 2. Regional autonomy shall be practised in areas where minority nationalities live in concentrated communities.

National autonomous areas shall be classified into autonomous regions, autonomous prefectures and autonomous counties.

All national autonomous areas are integral parts of the People’s Republic of China.

   Article 3. Organs of self-government shall be established in national autonomous areas as local organs of state power at a particular level.

The organs of self-government of national autonomous areas shall apply the principle of democratic centralism.

   Article 4. The organs of self-government of national autonomous areas shall exercise the functions and powers of local organs of state as specified
in Section 5 of CHAPTER III of the Constitution. At the same time, they shall exercise the power of autonomy within the limits of
their authority as prescribed by the Constitution, by this Law and other laws, and implement the laws and policies of the state in
the light of existing local conditions.

The organs of self-government of autonomous prefectures shall exercise the functions and powers of local state organs over cities
divided into districts and cities with counties under their jurisdiction and, at the same time, exercise the power of autonomy.

   Article 5. The organs of self-government of national autonomous areas must uphold the unity of the country and guarantee that the Constitution
and other laws are observed and implemented in these areas.

   Article 6. The organs of self-government of national autonomous areas shall lead the people of the various nationalities in a concentrated effort
to promote socialist modernization.

On the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall
have the power to adopt special policies and flexible measures in the light of local conditions to speed up the economic and cultural
development of these areas.

Under the guidance of state plans and on the basis of actual conditions, the organs of self-government of national autonomous areas
shall steadily increase labour productivity and economic results, develop social productive forces and gradually raise the material
living standards of the people of the various nationalities.

The organs of self-government of national autonomous areas shall inherit and carry forward the fine traditions of national cultures,
build a socialist society with an advanced culture and ideology and with national characteristics, and steadily raise the socialist
consciousness and scientific and cultural levels of the people of the various nationalities.

   Article 7. The organs of self-government of national autonomous areas shall place the interests of the state as a whole above anything else
and make positive efforts to fulfil the tasks assigned by state organs at higher levels.

   Article 8. State organs at higher levels shall guarantee the exercise of the power of autonomy by the organs of self-government of national
autonomous areas and shall, in accordance with the characteristics and needs of these areas, strive to help them speed up their socialist
construction.

   Article 9. State organs at higher levels and the organs of self-government of national autonomous areas shall uphold and develop the socialist
relationship of equality, unity and mutual assistance among all of China’s nationalities. Discrimination against and oppression of
any nationality shall be prohibited; any act which undermines the unity of the nationalities or instigates national division shall
also be prohibited.

   Article 10. The organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas to use
and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs.

   Article 11. The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various
nationalities.

No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may they
discriminate against citizens who believe in, or do not believe in, any religion.

The state shall protect normal religious activities. No one may make use of religion to engage in activities that disrupt public order,
impair the health of citizens or interfere with the educational system of the state.

Religious bodies and religious affairs shall not be subject to any foreign domination.

CHAPTER II ESTABLISHMENT OF NATIONAL AUTONOMOUS AREAS AND THE STRUCTURE OF THE ORGANS OF SELF-GOVERNMENT

   Article 12. Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the light of local
conditions such as the relationship among the various nationalities and the level of economic development, and with due consideration
for historical background.

Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority nationalities
live in concentrated communities.

Some residential areas and towns of the Han nationality or other nationalities may be included in a national autonomous area in consideration
of actual local conditions.

   Article 13. With the exception of special cases, the name of a national autonomous area shall be composed of the name of the locality and the
name of the nationality and the administrative status, in that order.

   Article 14. The establishment of a national autonomous area, the delineation of its boundaries and the elements of its name shall be proposed
by the state organ at the next higher level jointly with the state organ in the relevant locality, after full consultation with representatives
of the relevant nationalities, before they are submitted for approval according to the procedures prescribed by law.

Once defined, the boundaries of a national autonomous area may not be altered without authorization. When an alteration is found necessary,
it shall be proposed by the relevant department of the state organ at the next higher level after full consultation with the organ
of self-government of the national autonomous area before it is submitted to the State Council for approval.

   Article 15. The organs of self-government of national autonomous areas shall be the people’s congresses and people’s governments of autonomous
regions, autonomous prefectures and autonomous counties.

The people’s governments of national autonomous areas shall be responsible and report on their work to the people’s congresses at
corresponding levels and to the administrative organs of the state at the next higher level. When the people’s congresses at corresponding
levels are not in session, they shall be responsible and report on their work to the standing committees of these people’s congresses.
The people’s governments of all national autonomous areas shall be administrative organs of the state under the unified leadership
of the State Council and shall be subordinate to it.

The organization and work of the organs of self-government of national autonomous areas shall be specified in these areas’ regulations
on the exercise of autonomy or separate regulations, in accordance with the Constitution and other laws.

   Article 16. In the people’s congress of a national autonomous area, in addition to the deputies from the nationality exercising regional autonomy
in the administrative area, the other nationalities inhabiting the area are also enpost_titled to appropriate representation.

The number and proportion of deputies to the people’s congress of a national autonomous area from the nationality exercising regional
autonomy and from the other minority nationalities shall be decided upon by the standing committee of the people’s congress of a
province or an autonomous region, in accordance with the principles prescribed by law, and shall be reported to the Standing Committee
of the National People’s Congress for the record.

Among the chairman and vice-chairmen of the standing committee of the people’s congress of a national autonomous area shall be one
or more citizens of the nationality exercising regional autonomy in the area.

   Article 17. The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen
of the nationality exercising regional autonomy in the area concerned. Other posts in the people’s government of an autonomous region,
an autonomous prefecture or an autonomous county should, whenever possible, be assumed by people of the nationality exercising regional
autonomy and of other minority nationalities in the area concerned.

The people’s governments of national autonomous areas shall apply the system of giving overall responsibility to the chairman of an
autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county, who shall direct the work of the
people’s governments at their respective levels.

   Article 18. The cadres in the departments under the organs of self-government of a national autonomous area should, whenever possible, be chosen
from citizens of the nationality exercising regional autonomy and of the other minority nationalities in the area.

CHAPTER III THE POWER OF AUTONOMY OF THE ORGANS OF SELF-GOVERNMENT

   Article 19. The people’s congresses of national autonomous areas shall have the power to enact regulations on the exercise of autonomy and separate
regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas
concerned. The regulations on the exercise of autonomy and separate regulations of autonomous regions shall be submitted to the Standing
Committee of the National People’s Congress for approval before they go into effect. The regulations on the exercise of autonomy
and separate regulations of autonomous prefectures and autonomous counties shall be submitted to the standing committees of the people’s
congresses of provinces or autonomous regions for approval before they go into effect, and they shall be reported to the Standing
Committee of the National People’s Congress for the record.

   Article 20. If a resolution, decision, order or instruction of a state organ at a higher level does not suit the conditions in a national autonomous
area, the organ of self-government of the area may either implement it with certain alterations or cease implementing it after reporting
to and receiving the approval of the state organ at a higher level.

   Article 21. While performing its functions, the organ of self-government of a national autonomous area shall, in accordance with the regulations
on the exercise of autonomy of the area, use one or several languages commonly used in the locality; where several commonly used
languages are used for the performance of such functions, the language of the nationality exercising regional autonomy may be used
as the main language.

   Article 22. In accordance with the needs of socialist construction, the organs of self-government of national autonomous areas shall take various
measures to train large numbers of cadres at different levels and various kinds of specialized personnel, including scientists, technicians
and managerial executives, as well as skilled workers from among the local nationalities, giving full play to their roles, and shall
pay attention to the training of cadres at various levels and specialized and technical personnel of various kinds from among the
women of minority nationalities.

The organs of self-government of national autonomous areas may adopt special measures to provide preferential treatment and encouragement
to specialized personnel joining in the various kinds of construction in these areas.

   Article 23. When recruiting personnel, enterprises and institutions in national autonomous areas shall give priority to minority nationalities
and may enlist them from the population of minority nationalities in rural and pastoral areas. When recruiting personnel from the
population of minority nationalities in rural and pastoral areas, autonomous prefectures and autonomous counties must report to and
secure the approval of the people’s governments of the provinces or autonomous regions.

   Article 24. The organs of self-government of national autonomous areas may, in accordance with the military system of the state and practical
local need and with the approval of the State Council, organize local public security forces for the maintenance of public order.

   Article 25. Under the guidance of state plans, the organs of self-government of national autonomous areas shall independently arrange for and
administer local economic development.

   Article 26. Under the guidance of state plans, the organs of self-government of national autonomous areas shall work out the guidelines, policies
and plans for economic development in the light of local characteristics and needs.

   Article 27. Given the prerequisite of adherence to the principles of socialism, the organs of self-government of national autonomous areas shall,
in accordance with legal stipulations and in the light of the characteristics of local economic development, rationally readjust
the relations of production and reform the structure of economic administration.

In accordance with legal stipulations, the organs of self-government of national autonomous areas shall define the ownership of, and
the right to use, the pastures and forests within these areas.

   Article 28. In accordance with legal stipulations, the organs of self-government of national autonomous areas shall manage and protect the natural
resources of these areas.

The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and organize and encourage
the planting of trees and grass. Destruction of grasslands and forests by any organization or individual by whatever means shall
be prohibited.

In accordance with legal stipulations and unified state plans, the organs of self-government of national autonomous areas may give
priority to the rational exploitation and utilization of the natural resources that the local authorities are enpost_titled to develop.

   Article 29. Under the guidance of state plans, the organs of self-government of national autonomous areas shall independently arrange local capital
construction projects according to their financial and material resources and other specific local conditions.

   Article 30. The organs of self-government of national autonomous areas shall independently administer the enterprises and institutions under
local jurisdiction.

   Article 31. The organs of self-government of national autonomous areas shall independently arrange for the use of industrial, agricultural and
other local and special products after fulfilling the quotas for state purchase and for state distribution at a higher level.

   Article 32. In accordance with state provisions, the organs of self-government of national autonomous areas may pursue foreign economic and trade
activities and may, with the approval of the State Council, open foreign trade ports.

National autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council.

While conducting foreign economic and trade activities, the organs of self-government of the national autonomous areas shall enjoy
preferential treatment by the state with regard to the proportion of foreign exchange retained by them and in other respects.

   Article 33. The finance of a national autonomous area constitutes a particular level of finance and is a component of state finance.

The organs of self-government of national autonomous areas shall have the power of autonomy in administering the finances of their
areas. All revenues accruing to the national autonomous areas under the financial system of the state shall be managed and used by
the organs of self-government of these areas on their own.

The revenues and expenditures of national autonomous areas shall be specified by the State Council on the principle of giving preferential
treatment to such areas.

In accordance with stipulations concerning the state financial system, if the revenues of a national autonomous area exceeds its expenditures,
a fixed amount of the surplus shall be delivered to the financial department at a higher level. Once fixed, the amount to be delivered
may remain unchanged for several years. If the expenditures of a national autonomous area exceeds its revenues, a subsidy shall be
granted by the financial department at a higher level.

A national autonomous area shall, in accordance with state stipulations, lay aside a reserve fund for expenditure in its budget. The
proportion of the reserve fund in its budget shall be higher than that in the budgets of other areas.

While implementing its fiscal budget, the organ of self-government of a national autonomous area shall arrange for the use of extra
income and savings from expenditures at its own discretion.

   Article 34. In accordance with the principles set by the state and in the light of local conditions, the organs of self-government of national
autonomous areas may work out supplementary provisions and concrete procedures with regard to the standards of expenditure, the sizes
of the staff and the quotas of work for their respective areas. The supplementary provisions and concrete procedures worked out by
autonomous regions shall be reported to the State Council for the record; those worked out by autonomous prefectures and autonomous
counties shall be reported to the people’s governments of the relevant provinces or autonomous regions for approval.

   Article 35. While implementing the tax laws of the state, the organs of self-government of national autonomous areas may grant tax exemptions
or reductions for certain items of local financial income which should be encouraged or given preferential consideration in taxation,
in addition to items on which tax reduction or exemption require unified examination and approval by the state. The decisions of
autonomous prefectures and autonomous counties on tax deduction and exemption shall be reported to the people’s governments of the
relevant provinces or autonomous regions for approval.

   Article 36. In accordance with the guidelines of the state on education and with the relevant stipulations of the law, the organs of self-government
of national autonomous areas shall decide on the plans for the development of education in these areas, on the establishment of various
kinds of schools at different levels, on their educational system, forms, curricula, the language used in instruction and enrollment
procedures.

   Article 37. The organs of self-government of national autonomous areas shall independently develop education for the nationalities by eliminating
illiteracy, setting up various kinds of schools, spreading compulsory primary education, developing secondary education and establishing
specialized schools for the nationalities, such as teachers schools, secondary technical schools, vocational schools and institutes
of nationalities to train specialized personnel from among the minority nationalities.

The organs of self-government of national autonomous areas may set up public primary schools and secondary schools, mainly boarding
schools and schools providing subsidies, in pastoral areas and economically under developed, sparsely populated mountain areas inhabited
by minority nationalities.

Schools where most of the students come from minority nationalities should, whenever possible, use textbooks in their own languages
and use these languages as the media of instruction. Classes for the teaching of Chinese (the Han language) shall be opened for senior
grades of primary schools or for secondary schools to popularize Putonghua, the common speech based on Beijing pronunciation.

   Article 38. The organs of self-government of national autonomous areas shall independently develop literature, art, the press, publishing, radio
broadcasting, the film industry, television and other cultural undertakings in forms and with characteristics unique to the nationalities.

The organs of self-government of national autonomous areas shall collect, sort out, translate and publish books of the nationalities
and protect the scenic spots and historical sites in their areas, their precious cultural relics and their other important historical
and cultural legacies.

   Article 39. The organs of self-government of national autonomous areas shall make independent decisions on local plans for developing science
and technology and spreading knowledge of science and technology.

   Article 40. The organs of self-government of national autonomous areas shall make independent decisions on plans for developing local medical
and health services and for advancing both modern medicine and the traditional medicine of the nationalities.

The organs of self-government of national autonomous areas shall see to a more effective prevention and treatment of endemic diseases,
provide better protection for the health of women and children, and improve sanitary conditions.

   Article 41. The organs of self-government of national autonomous areas shall independently develop sports, promote the traditional sports of
the nationalities and improve the physical fitness of the people of the various nationalities.

   Article 42. The organs of self-government of the national autonomous areas shall strive to develop exchanges and cooperation with other areas
in education, science and technology, culture and art, public health, sports, etc.

In accordance with relevant state provisions, the organs of self-government of autonomous regions and autonomous prefectures may conduct
exchanges with foreign countries in education, science and technology, culture and art, public health, sports, etc.

   Article 43. In accordance with legal stipulations, the organs of self-government of national autonomous areas shall work out measures for control
of the transient population.

   Article 44. In accordance with legal stipulations, the organs of self-government of national autonomous areas shall, in the light of local conditions,
work out measures for family planning.

   Article 45. The organs of self-government of national autonomous areas shall protect and improve the living environment and the ecological environment
and shall prevent and control pollution and other public hazards.

CHAPTER IV THE PEOPLE’S COURTS AND PEOPLE’S PROCURATORATES OF NATIONAL AUTONOMOUS AREAS

   Article 46. The people’s courts and people’s procuratorates of national autonomous areas shall be responsible to the people’s congresses at corresponding
levels and their standing committees. The people’s procuratorates of national autonomous areas shall also be responsible to the people’s
procuratorates at higher levels.

The administration of justice by the people’s courts of national autonomous areas shall be supervised by the Supreme People’s Court
and by people’s courts at higher levels. The work of the people’s procuratorates of national autonomous areas shall be directed by
the Supreme People’s Procuratorate and by people’s procuratorates at higher levels.

Members of the leadership and of the staff of the people’s court and of the people’s procuratorate of a national autonomous area shall
include people from the nationality exercising regional autonomy in that area.

   Article 47. In the prosecution and trial of cases, the people’s courts and people’s procuratorates of national autonomous areas shall use the
language commonly used in the locality. They shall guarantee that citizens of the various nationalities enjoy the right to use the
spoken and written languages of their own nationalities in court proceedings. The people’s courts and people’s procuratorates should
provide translation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used
in the locality. Legal documents should be written, according to actual needs, in the language or languages commonly used in the
locality.

CHAPTER V RELATIONS AMONG NATIONALITIES WITHIN A NATIONAL AUTONOMOUS AREAS

   Article 48. The organ of self-government of a national autonomous area shall guarantee equal rights for the various nationalities in the area.

The organ of self-government of a national autonomous area shall unite the cadres and masses of the various nationalities and give
full play to their initiative in a joint effort to develop the area.

   Article 49. The organ of self-government of a national autonomous area shall persuade and encourage cadres of the various nationalities to learn
each other’s spoken and written languages. Cadres of Han nationality should learn the spoken and written languages of the local minority
nationalities. While learning and using the spoken and written languages of their own nationalities, cadres of minority nationalities
should also learn Putonghua and the written Chinese (Han) language commonly used throughout the country.

Awards should be given to state functionaries in national autonomous areas who can use skillfully two or more spoken or written languages
that are commonly used in the locality.

   Article 50. The organ of self-government of a national autonomous area shall help other minority nationalities living in concentrated communities
in the area establish appropriate autonomous areas or nationality townships.

The organ of self-government of a national autonomous area shall help the various nationalities in the area develop their economic,
educational, scientific, cultural, public health and physical culture affairs.

The organ of self-government of a national autonomous area shall give consideration to the characteristics and needs of nationalities
living in settlements scattered over the area.

   Article 51. In dealing with special issues concerning the various nationalities within its area, the organ of self-government of a national autonomous
area must conduct full consultation with their representatives and respect their opinions.

  

DETAILED RULES FOR THE IMPLEMENTION OF THE TRADEMARK LAW

Detailed Rules for the Implemention of the Trademark Law of the PRC

    

(Effective Date 1988.01.13)

CONTENTS

CHAPTER I GENERAL PRINCIPLES

CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION

CHAPTER III EXAMINATION OF TRADEMARK REGISTRATION

CHAPTER IV MODIFICATION, ASSIGNMENT AND RENEWAL OF REGISTERED

TRADEMARKS AND ADJUDICATION OF DISPUTES

CHAPTER V CONTROL OF THE USE OF TRADEMARKS

CHAPTER VI PROTECTION OF THE EXCLUSIVE RIGHT TO USE REGISTERED

TRADEMARKS

CHAPTER VII SUPPLEMENTARY PRINCIPLES

CHAPTER I GENERAL PRINCIPLES

   Article 1. These Detailed Implementing Rules are formulated in accordance with the provisions of Article 42 of the Trademark
Law of the People’s Republic of China (hereinafter referred to as the Trademark Law).

   Article 2. An applicant for trademark registration shall be a legally registered enterprise or individual industrial or commercial
household operation which is able to bear its civil liabilities independently, a public institution with corporate
capacity or a foreigner or foreign enterprise which complies with the provisions of Article 9 of the Trademark Law.

   Article 3. An application for a matter such as registering a trademark, assigning registration, renewing registration, modifying registration
of a person’s name or address or the reissue of a trademark certificate shall be verified and passed on by
the applicant’s local administration for industry and commerce at county level or above (hereinafter referred to as
the verification and transfer organ) or an organisation authorised by the State Administration for Industry and
Commerce shall act as agent.

If a foreigner or a foreign enterprise applies to register a trademark in China or requires to carry out
other matters concerning trademarks, an organisation designated by the State Administration for Industry and Commerce
shall act as agent.

   Article 4. Fees shall be paid in accordance with regulations when applications are made for matters such as registering
a trademark, assigning registration, renewing registration, modification, reissue or evaluation and examination.

   Article 5. The Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as
the Trademark Office) shall establish a Register of trade in which it shall record registered trademarks and other
matters concerning trademarks.

The Trademark Office shall design and arrange the printing and issue of Trademark Notices Which shall carry
information on registered trademarks and other relevant matters.

   Article 6. Names of administrative areas at county level and above and foreign place names with which the public are familiar
shall not be permitted to be used as trademarks.

A trademark using a name such as those outlined in the preceding paragraph which has already been verified, approved
and registered shall continue to valid.

   Article 7. Pharmaceuticals for human use and tobacco products listed by the State and publicly announced by the State Administration
for Industry and Commerce shall be required to use a registered trademark.

Other products stipulated by the State as requiring a registered trademark shall be publicly announced by the State
Administration for Industry and Commerce.

   Article 8. The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Board which
shall evaluate and examine matters in accordance with the provisions of Articles 21, 22, 27 and 35 of the Trademark
Law and Article 23 of these Detailed Implementing Rules and shall make final decisions and provide adjudication.

CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION

   Article 9. When applying for trademark registration, applications shall be filed in accordance with the item category as
prescribed in the commodity classification table. Each application for the registration of a trademark submitted
to the Trademark Office shall include one copy of an Application for Trademark Registration, 10 copies of the
design of the trademark (if a coloured trademark with specified colours, 10 copies of colour designs of the
trademark shall be included) and one black and white ink draft.

The trademark design shall be distinct and easy to stick on, shall be printed on smooth, clean and durable
paper or be substituted by a photograph and its length and width shall not exceed 10 cm or be less than 5 cm.

   Article 10. A fountain pen, in or a typewriter shall be used to complete applications for trademark registration and other
related documents and writing shall be neat and clear.

The name and seal of the trademark registration applicant shall the same as that which has been verified and approved
or registered. Items submitted shall not exceed the verified and approved or registered scope of operations of
the applicant. The name of a commodity shall be filled in in accordance with the commodity classification table.
If the name of a commodity has yet to be entered in the commodity classification table, a description of the item
shall be attached.

   Article 11. If applying to register a trademark for a pharmaceutical for human use, a licence to produce pharmaceuticals or a
licence to deal in pharmaceuticals which has been issued by a public health administrative department shall be attached.

If applying to register a trademark for cigarettes, cigars or packaged pipe tobacco, a certificate issued by the
State organ in charge of tobacco authorising its production shall be attached.

If applying to register a trademark for any other item which requires a registered trademark in accordance with State
regulations, a certificate of approval from the relevant department in charge shall be attached.

   Article 12. The date of application for the registration of a trademark shall be the date on which the Trademark Office receives the
application. An application number shall be issued if application procedures are fulfilled and the application
form is completed in accordance with regulations. If application procedures are not fulfilled or the application
form is not completed in accordance with regulations, the form shall be returned and no date of application shall be retained.

   Article 13. If two or more applicants apply to register identical or similar trademarks for the same or a similar item on the
same day, each applicant shall send proof of the date of first use of the trademark to the Trademark Office within the
time limit stipulated by the Office in its letter of notification. If usage began on the same day or if yet to be used,
the parties shall meet for discussion. If this consultation exceeds 30 days without resulting in an agreement, the Trademark
Office shall make a ruling.

   Article 14. when a foreigner or a foreign enterprise applies to register a trademark or to handle another matter concerning a
trademark, it shall complete the relevant forms in Chinese and shall provide its agent with a power of attorney.
The power of attorney shall stipulate the scope of delegated authority and the nationality of the agent.

Notarisation and authentication procedures for a power of attorney or other relevant certificates shall be handled in accordance
with the principle of reciprocity. Documents in a foreign language shall have a Chinese translation attached.

   Article 15. The Trademark Office shall accept and hear cases requesting priority handling of trademark registration. Detailed procedures
shall be handled in accordance with regulations promulgated by the State Administration for Industry and Commerce.

CHAPTER III EXAMINATION OF TRADEMARK REGISTRATION

   Article 16. The Trademark Office shall examine applications which have been issued with an application number and those trademarks
which pass preliminary examination and approval shall be reported in a Trademark Notice. If an application is rejected,
the applicant shall be sent a rejection notice and a copy of this notice shall be sent to the verification and
transfer organ.

   Article 17. If an applicant requests a review of a refused application, it shall lodge an Application for a Review of a Refused Trademark
with the Trademark Review and Adjudication Board within 15 days of receiving the rejection notice and, at the same
time, shall attach the original Application for Trademark Registration, 10 copies of the original trademark design,
one copy of a black and white ink draft and the rejection notice. A copy of the Application for a review of a Refused
Trademark shall be sent to the verification and transfer organ.

The Trademark Review and Adjudication Board shall issue written notification of its final decision to the
applicant and a copy of the notice shall be sent to the verification and transfer organ. If the final decision is in
favour of passing the preliminary examination and approval of a trademark, the matter shall be transferred to the Trademark
Office for handling.

   Article 18. If there is an objection to a trademark which has been publicly announced by the Trademark Office following
preliminary examination and approval, the dissenting party shall send two copies of its letter of dissension to the Trademark
Office. The letter shall state clearly the date of the Trademark Notice which reported the trademark in question,
the page number and its preliminary examination and approval number. The Trademark Office shall prescribe a time
for the applicant to respond to the letter of dissension and shall make a ruling based on the facts and reasons provided
by the parties concerned.If no response is given within the time prescribed, the Trademark Office shall make a ruling.

The trademark Office shall notify the parties concerned of its ruling on the dispute and shall send a copy of the
notice to the verification and transfer organ.

   Article 19. A party dissatisfied with the ruling of the Trademark Office on a dispute shall send two copies of an Application for
a Review of a Trademark Dispute to the Trademark Review and Adjudication Board within 15 days of receiving notification
of the ruling on the trademark dispute, and shall also send a copy of the Application to the verification and transfer
organ.

The Trademark Review and Adjudication Board shall issue written notification of its final decision to the parties
concerned, shall send a copy to the verification and transfer organ and shall transfer the matter to the Trademark Office
for handling.

CHAPTER IV MODIFICATION, ASSIGNMENT AND RENEWAL OF REGISTERED TRADEMARKS AND ADJUDICATION OF DISPUTES

   Article 20. If applying to modify the name of a trademark registrant, an Application to Modify the Name of a Trademark Registrant
and certification of the modification shall be sent to the Trademark Office and the original Trademark Registration
Certificate shall be returned. After verification and approval by the Trademark Office, the original Trademark Registration
Certificate, with approval of modification noted on it, shall be returned to the applicant and a public announcement shall
be made.

If applying to modify the address of a trademark registrant or other registered items, an Application to Modify
the Address of a Trademark Registrant or an application to Modify Other Registered Items Pertaining to a Trademark,
together with certification of the modification, shall be sent to the Trademark Office and the original Trademark Registration
Certificate shall be returned. After verification and approval by the Trademark Office, the original Trademark
Registration Certificate, with approval of modification noted on it, shall be returned to the applicant
and a public announcement shall be made.

If modification is to be made to the name or address of a trademark registrant, the registrant shall modify
all of its registered trademarks at the one time.

   Article 21. If applying to assign a registered trademark, an Application to Assign a Registered Trademark shall be sent
to the Trademark Office and the original Trademark Registration Certificate shall be returned. The verification
and transfer organ in the local district of the transferee shall handle matters of verification and transfer. A transferee
shall meet the requirements of Article 2 of these Detailed Implementing Rules. After verification and approval
by the Trademark Office, the original Trademark Registration Certificate, with approval of assignment noted
on it, shall be issued to the assignee and a public announcement shall be made.

If a registered trademark is to be assigned, the trademark registrant shall assign all identical or similar trademarks
for the same or similar goods at the one time. If a trademark for a commodity such as those prescribed in Article
7 of these Detailed Implementing Rules is assigned, the assignee shall provide a certificate from the relevant department
in accordance with the provisions of Article 11 of these Detailed Implementing Rules.

   Article 22. If applying to renew the registration of a trademark, an Application to Renew a Registered Trademark and five
copies of the trademark design shall be sent to the Trademark Office and the Trademark Registration Certificate
shall be returned. After verification and approval by the Trademark Office, the original Trademark Registration Certificate,
with approval of renewal noted on it, shall be returned to the applicant and a public announcement shall be made.

   Article 23. If an applicant disputes the decision of the Trademark Office to reject an application to assign or renew registration
of a trademark, it shall lodge an Application for a Review of an Assignment Rejection or an Application for a Review
of a Renewal rejection with the Trademark Review and Adjudication board within 15 days of receiving the rejection
notice and, at the same time, shall attach the original Application to Assign a Registered Trademark or the
Application to Renew a Registered Trademark and the rejection notice.

The Trademark Review and Adjudication Board shall issue written notification of its final decision to the applicant
and send a copy of the notice to the verification and transfer organ. If the final decision is in favour of the
assignment or renewal of trademark registration, the matter shall be transferred to the Trademark Office for handling.

   Article 24. If a trademark registrant disputes a trademark already registered by another party, it shall lodge two copies of an
Application for Adjudication of a Trademark Dispute with the Trademark Review and Adjudication Board within one
year of the date of publication of the trademark registration.

If the Trademark Review and Adjudication Board rules in favour of cancelling the disputed trademark, the
matter shall be transferred to the Trademark Office for handling, a public announcement shall be made and a copy
of the decision shall be sent to the verification and transfer organ. The party which had the dispute brought against
it shall, within 15 days of receiving notice of the final ruling on the trademark dispute, hand the original Trademark
Registration Certificate to the local verification and transfer organ for its subsequent transfer to the Trademark Office.

   Article 25. Any party which believes that an improper trademark has been registered may lodge an Application for Adjudication
on the Cancellation of the Registration of an Improper Trademark, except in a case where a ruling on a dispute has already
been made.

If the Trademark Review and Adjudication Board rules in favour of cancelling a disputed trademark, the
matter shall be transferred to the Trademark Office for handling, a public announcement shall be made and a copy
of the decision shall be sent to the verification and transfer organ. The original trademark registrant shall,
within 15 days of receiving notice of the cancellation ruling, hand the original Trademark Registration Certificate
to the local verification and transfer organ for its subsequent transfer to the Trademark Office.

CHAPTER V CONTROL OF THE USE OF TRADEMARKS

   Article 26. If a registered trademarks is used, the characters Registered Trademark or the symbol for registration or (R) shall
be marked. If it is unsuitable to mark a product itself, the registered trademark shall be noted on its packaging,
in is instruction booklet or on other attachments.

   Article 27. If a Trademark Registration Certificate is lost or damaged, an application shall be made for it to be reissued. The applicant
shall lodge an Application for the Reissue if a Trademark Certificate and five copies of the trademark design
to the Trademark Office. If the Trademark Registration Certificate has been lost, a lost property notice shall be placed
in a newspaper issued at provincial level or above and a copy of the newspaper shall be sent to the trademark Office.
If the Trademark Registration Certificate has been damaged, it shall be sent to the Trademark Office.

   Article 28. If any of the acts referred to in items (1), (2) or (3) of Article 30 of the Trademark Law occur, the administration for industry
and commerce shall notify the trademark registrant to rectify the matter within a stipulated period. If the registrant refuses
to rectify the situation, the administration for industry and commerce in the local district of the registrant shall request
the Trademark Office to cancel the registered trademark.

   Article 29. Any person may apply to the Trademark Office for the registration of a trademark to be cancelled if the provisions
of item (4) of Article 30 of the Trademark Law apply. The Trademark Office shall notify the trademark registrant to provide,
within a specified period, proof of use of its trademark. If proof of use is not provided within the specified period or
if it is not valid, the Trademark Office shall cancel the registered trademark.

Use of a trademark as referred to in the preceding paragraph shall include use in advertising or exhibitions.

   Article 30. The restrictions of the provisions of Article 32 of the Trademark Law shall not apply to an application to register,
for an identical or similar commodity, a trademark which is identical with or similar to one which is cancelled
in accordance with the provisions of Article 29 of these Detailed Implementing Rules.

   Article 31. In a case where the provisions of Article 31 and item (3) of Article 34 of the Trademark Law apply, the administration
for industry and commerce shall order the matter to be rectified in a stipulated period. In a serious case, it shall
order self-criticism to be undertaken, circulate a notice of criticism and impose a fine of up to 20% of
the amount made through the illegal operations or up to two times the illegal profit. Goods which are poisonous or
harmful and which are without a use value shall be destroyed by melting or burning. If a registered trademark has been
used, it shall be cancelled in accordance with the provisions prescribed in the Trademark Law.

   Article 32. In a case where the provisions of items (1) or (2) Article 34 of the Trademark Law or Article 6 of these Detailed Implementing
Rules apply, the administration for industry and commerce shall prohibit the goods from being advertised and shall
seal up for safekeeping or take custody of the trademark symbol, order the matter to be rectified in a specified
period and, depending on the seriousness of the case, may circulate a notice of criticism and impose
a fine of up to 20% of the amount made through the illegal operations.

   Article 33. In a case where the provisions of Article 5 of the Trademark Law are violated, the administration for industry and
commerce shall prohibit the sale and advertising of the goods in question, shall seal up for safekeeping or take
custody of the trademark symbol and, depending on the seriousness of the case, may impose a fine of up to 10% of the
amount made through the illegal operations.

   Article 34. No person shall be permitted to illegally print, make, purchase or sell trademark symbols.

If the provisions of the preceding paragraph are violated, the administration for industry and commerce shall
halt the activity, take custody of any trademark symbols and, depending on the seriousness of the case, may issue
a fine of up to 20% of the amount made through the illegal operations. If a party is selling symbols of its own registered
trademark, the Trademark Office may also cancel its registered trademark. If the case involves violation of the exclusive
right to use a registered trademark, the matter shall be handled in accordance with the provisions of Article 43 of these
Detailed Implementing Rules.

   Article 35. If a trademark registrant permits another party to use its registered trademark, a trademark usage licence agreement shall
be signed. The licensor shall send, within a stipulated period, a copy of the licence agreement to its local administration
for industry and commerce at county level for reference filing. This organ shall then report details of the matter to
the Trademark Office for its records.

If the provisions of the preceding paragraph are violated, the administration for industry and commerce shall
order the matter to be rectified within a stipulated period. If the parties concerned refuse to rectify the matter,the
licensor’s local administration for industry and commerce shall ask the Trademark Office to cancel the registered
trademark and shall take custody of the trademark symbols of the licensee.

   Article 36. If a trademark registrant permits another party to use its registered trademark, the licensee shall meet the requirements
prescribed in Article 2 of these Detailed Implementing Rules.

If a party with permission to use a trademark requires to use it on a commodity such as those prescribed in
Article 7 of these Detailed Implementing Rules, the licensee shall attach a certificate from the relevant department,
in accordance with Article 11 of these Detailed Implementing Rules, when sending a copy of the licence agreement
for reference filing.

   Article 37. If the Trademark Office makes a decision to cancel a trademark registration in accordance with the provisions of Article
30 or 31 of the Trademark Law or Articles 34 or 35 of these Detailed Implementing Rules, written notification shall be
sent to the trademark registrant and, at the same time, a copy of the notice shall be sent to the original verification
and transfer organ. This organ shall take custody of the Trademark Registration Certificate and shall return it to
the Trademark Office.

Trademarks which are revoked or cancelled by the Trademark Office shall be announced publicly.

   Article 38. If a trademark registrant applies to cancel its registered trademark, it shall lodge an Application to Cancel a Trademark
with the Trademark Office and shall return its original Trademark Registration Certificate.

   Article 39. If a trademark registrant disagrees with the decision of the Trademark Office to revoke its registered trademark, it
shall lodge an Application to Review the Revoking of a Trademark to the Trademark Review and Adjudication Board within
15 days of receiving notice of the revocation ruling.

The Trademark Review and Adjudication Board shall issue written notification of its final decision to
the trademark registrant and shall also send a copy of the notice to the original verification and transfer organ.
If the final decision rescinds the revocation ruling, the matter shall be transferred to the Trademark Office for handling.

   Article 40. If a party disagrees with a decision relating to the handling of a case (except a decision to revoke a trademark registration)as
made by the administration for industry and commerce in accordance with the provision of Articles 31, 33, 34 or 35 of these
Detailed Implementing Rules, the Party concerned, within 15 days of receiving such notification,may apply to
a higher level administration for industry and commerce for a review. The higher level administration for industry
and commerce shall issue a decision on the review within 45 days of receiving the review application. If a
party disagrees with the fine imposed by a higher level administration for industry and commerce in its review decision
made in accordance with the provisions of Articles 31, 32, 33 or 34 of these Detailed Implementing Rules, the
party concerned may file a suit in the People’s Court within 15 days of receiving notification of the review decision.
If the party fails to initiate legal proceedings and fails to comply with the decision within the time prescribed,
the administration for industry and commerce shall apply to the People’s Court for enforcement.

CHAPTER VI PROTECTION OF THE EXCLUSIVE RIGHT TO USE REGISTERED TRADEMARKS

   Article 41. Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark as referred
to in item (3) of Article 38 of the Trademark Law:

(1) Dealing in goods which infringe on the exclusive right of another party to use a registered trademark;

(2) Using, as the name or decoration on a commodity, a script or pattern which is identical or similar to the registered
trademark of another party which uses it on the same or similar goods, with the similarity being sufficient to cause
mistaken identity;

(3) Deliberately providing convenience in areas such as storage, transport, postage and concealment in order to allow
the infringement of the exclusive right of another party to use a registered trademark.

   Article 42. In the case of an act infringing on the exclusive right to use a registered trademark, any person may report to the administration
of industry and commerce at county level or above in the district of the infringer or the district where the act
of infringement has occurred in order to lodge a complaint or to inform against an offender. The infringed may also directly
file a suit in the People’s Court.

   Article 43. In the case of an act infringing on the exclusive right to use a registered trademark, the administration for industry
and commerce shall order the immediate halting of the activity, seal up for safekeeping or take custody of the trademark
symbols, order the removal of the trademark from existing goods and packaging and order that the infringed is compensated
for any economic losses incurred. A notice of criticism may be circulated and a fine of up to 20% of the amount made
in the illegal operations or up to two times the profit gained through the infringement may be imposed, depending on the seriousness
of the case.

   Article 44. If a party disagrees with a decision on the handling of a case as made by the administration for industry and commerce
in accordance with the provisions of the preceding Article, the party concerned, within 15 days of receiving notice
of the decision, may lodge an application with a higher level administration for industry and commerce for
a review. The higher level administration for industry and commerce shall issue a decision on the review within
45 days of receiving the review application. If a party disagrees with the review decision of the higher level
administration for industry and commerce, it may file a suit in the People’s Court within 15 days of receiving
notification of the review decision. If the party fails to initiate legal proceedings and fails to comply with the decision
within the time prescribed, the administration for industry an

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

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


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

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

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

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





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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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