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REGULATIONS ON PREVENTION AND CURE OF AMBIENT NOISE POLLUTION

Category  ENVIRONMENTAL PROTECTION Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1989-09-26 Effective Date  1989-12-01 Date of Invalidation  1997-03-01


Regulations of the People’s Republic of China on Prevention and Cure of Ambient Noise Pollution

Chapter I  General Provisions
Chapter II  Standards of Ambient Noise and Monitor and Measure of Ambient
Chapter III  Provention and Cure of Industrial Noise
Chapter IV  Provention and Cure of Noise Pollution out of Construction
Chapter V  Provention and Cure of Noise Pollution from Communications
Chapter VI  Provention and Cure of Noise Pollution from Social Lives
Chapter VII  Legal Liabilities
Chapter VIII  Supplementary Provisions

(Adopted by the 47th Executive Meeting of the State Council on September

1, 1989, promulgated by Decree No.40 of the State Council of the People’s
Republic of China on September 26, 1989)(Editor’s Note: These Regulations
have been annulled by Law of the People’s Republic of China on the Prevention
and Control of Environmental Noise Pollution promulgated on October 29, 1996)
Chapter I  General Provisions

    Article 1  With a view to preventing and curing ambient  noise pollution,
ensuring for people a good living environment and safeguarding health of
people, the present Regulations are hereby formulated.

    Article 2  The term “ambient noise” mentioned in the present Regulations
refers to any sound that is produced in industrial production, construction,
transportation, and other social lives and that affects living environment
thereabout.

    The term “ambient noise pollution” mentioned in the present Regulations
refers to emission of the undesired ambient sound to such an extent that
exceeds the state prescribed standards of ambient sound and disturbs people’s
working, studying, living and other normal activities.

    Article 3  Any unit or individual whoever emits undesired ambient sound
within the territory of the People’s Republic of China shall comply with the
present Regulations.

    Article 4  The State Council and local people’s governments at different
levels shall include prevention and cure of ambient noise pollution in their
plans for state economy and society development and shall adopt countermoves
and measures to prevent and cure ambient noise pollution.

    Article 5  Local governments at different levels when formulating
construction programmes for cities, towns and villiages shall properly design
different functional areas and location of constructions, structions and roads
in such a way that prevents the future ambient noise from polluting the
environment and safeguards peace of the living environment.

    Article 6  Environmental protection departments of local governments at
different levels shall be responsible for unified supervision and
administration of prevention and cure of ambient noise pollution.

    Departments at different levels in charge of social security,
transportation, railway and civil aviation shall be responsible for
supervision and control of ambient noise emitted by motor- driven
vehicles, trains, ships and aircrafts respectively.

    Public security organs at different levels shall be resposible for
supervision and control of ambient noise emitted in social lives.

    Article 7  Any unit or individual shall have the duty to protect the
environment from noise pollution and shall have the right to report and charge
against any unit or individual who creates ambient noise pollution.

    Any unit or individual who is directly affected by ambient noise pollution
shall have the right to claim for alleviation and elimination of the harm of
ambient noise pollution.

    Article 8  The State shall encourage scientific research on provention
and cure of ambient noise pollution, spread advanced technology thereof and
improve science and technology on provention and cure of ambient noise
pollution.

    Article 9  The people’s government shall extend praise and reward to those
units and individuals who have made outstanding achivements in provention and
cure of ambient noise pollution.
Chapter II  Standards of Ambient Noise and Monitor and Measure of Ambient
Noise

    Article 10  The environment protection department of the State Council
shall formulate the national quality standards governing ambient noise.

    Local people’s governments at and above the county level shall, according
to prescriptions of diffenent national ambient noise quality standards
applicable to different districts, designate different environmental districts
within their own administrative regions.

    Article 11  The environment protection department of the State Council
shall formulate the national standards governing ambient noise emission
in accordance with the national ambient noise quality standards and in
light of economic and technological conditions.

    The people’s government of province, profecture or autonomous region may
in consideration of local needs formulate local standards governing ambient
noise emission of items which are not covered by the national standards; or
where necessity so arises and where economic and technological conditions so
permit formulate stricter local standards than the national ones on items
already included in the national standards. Local standards governing ambient
noise emission shall be submitted to the environment protection department of
the State Council for record.

    Whenever ambient noise is emitted in the living areas where local
standards governing ambient noise emission are available, the local standards
shall be complied with.

    Article 12  The environment protection department of the State Council
shall establish a system for monitoring and measuring ambient noise, organise
a net for monitoring and measuring ambient noise and formulate unified
methodology for monitoring and measuring ambient noise.

    Article 13  Wherever the ambient noise emission standards are exceeded,
effective measures shall be taken to bring the situation under control and a
fee shall be levied for pollution emission above nomal standards according to
corresponding state provisions. The fees so levied shall be used for the
purpose of provention and cure of ambient noise pollution.

    Article 14  Environment protection departments and other concerned
supervisory and administrative organs shall within their own territory
administration have the power to conduct on- the- spot investigations with any
unit or individual who has ambient noise imitted. The concerned unit and
individual shall report the true situation and supplyy necessary materials.
The investigator shall have the duty to keep confidential technological and
business secrets for the benefit of concerned unit or individual.
Chapter III  Provention and Cure of Industrial Noise

    Article 15  Any new construction, reconstruction or extension shall be
subject to corresponding state provisions regarding environment protection
with construction.

    The report of environmental implications of construction shall include
assessment of possible ambient noise emitted in the construction, provisions
on provention and cure measures and shall be submitted to environment
protection department for approval in accordance with prescribed procedures.

    Finished construction before being used for production or other purposes
shall have its facilities for proventing and curing noise pollution be subject
to the check- up of environment protection department and be deemed up to the
standard.

    Article 16  Wherever industrial noise is emitted to ambient living
environment, a report shall be submited to the environment protection
department of the local government for registration of all facilities that
emits noise, facilities for cure of noise pollution, types, number of noise
sources and intensity of the noise emitted under normal operation conditions;
and relevant materials concerning provention and cure of noise pollution
shall be supplied.

    In case there is a great change concerning the type, number of noise
sources and intensity of noise, it shall be reported in time. Dismantlement or
idling of facilities for cure of noise pollution shall be subject to approval
of environment protection department of the local people’s government.

    Article 17  Enterprises and institutions whenever having noise emitted
into ambient living environment shall comply with corresponding state
prescriptions of standards governing emission of ambient noise within limited
boundary.

    Article 18  Any enterprise or institution who has noise emitted in excess
of the state prescribed standards governing emission of ambient noise within
limited boundary and consequently creates serious environmental pollution
shall cure the situation within a limited time.

    The cure of noise pollution within a limited time by an enterprise or
institution under the auspices of the people’s government at or below the
municipal or county level shall be proposed by the environment protection
department of the municipal or county people’s government. The proposal shall
be submitted for approval to the people’s government at the same level. The
cure of noise pollution within a limited time by an enterprise or institution
under the direct auspices of relevant departments of the State Council or the
people’s government of province, autonomou regions or municipality under the
direct leadership of the central government shall be proprosed by the
environment protection department of the people’s government of province,
autonomous regions or municipality under the direct leadership of the central
government. The proposal shall be submitted for approval the people’s
government at the same level.

    Article 19  In case an enterprise which produces products of urgent
necessity to the national economy is unable to eliminate ambient noise
pollution through controll of noise sources due to actual economical or
technological restrictions, the enterprise shall adopt effect measures to
reduce the harm of noise pollution to a minimum and shall make an agreement
through negotiation with the organisation of suffered residents and other
relevant units opon other arrangements for protection of the rights and
interests of the victims subject to the approval of the local people’s
government.

    Article 20  Any unit who engages in activities with occasional emission of
strong noise shall in advance file an application with the environment
protection department of the local people’s government and the public security
organ, only after the obtainment of approval from which can such activities
be conducted.

    In advance to the occassional emission of strong noise the environment
protection department of the local people’s government and the public security
organ shall make a joint declaration to notify the public.
Chapter IV  Provention and Cure of Noise Pollution out of Construction

    Article 21  Any unit in charge of construction who has noise emitted into
ambient living environment shall comply with state prescribed standards
governing emission of ambient noise within limited boundary of construction.

    Article 22  In case facilities, equipments or other apparatus when used
in construction may create noise in excess to state prescribed standards
governing emission of ambient noise within limited boundary of construction,
a report shall be made 15 days prior to the beginning of construction to
environment protection department of the local people’s government upon the
name of the construction project, the name of the unit in charge of
construction, location and length of construction, intensity of noise possibly
emitted within the construction boundary and measures to be adopted for
prevention and control of noise pollution.

    Article 23  In case the emission of construciton noise exceeds the state
prescribed standards governing emission of ambient noise within limited
construction boundary to the detriment of the ambient living environment,
environment protection department of the local people’s government may impose
restriction upon the time of construction subject to approval of the people’s
government at or above the county level.

    Article 24  It shall be prohibited to conduct construction at night that
creates noise pollution and disturbs the rest of residents in residential
districts, cultural and educaional districts or convalescent districts except
for urgent repairs or emergency. If technology or special necessity requires
continuous construciton, it shall be subject to approval of environment
department of the people’s government at or above the county level.

    Article 25  In case the emission of construction noise into ambient living
environment exceeds state prescribed standards governing emission of ambient
noise within limited construction boundary and is unable to be eliminated
through controll of noise sources due to actual economical or technological
restrictions, effect measures shall be adopted to reduce noise pollution to a
minimum and an agreement shall be made through negotiation with the
organisation of the affected residents and other relevant units opon other
arrangements for protection of the rights and interests of the victims subject
to the approval of the local people’s government.
Chapter V  Provention and Cure of Noise Pollution from Communications

    Article 26  Moving motor vehicles shall have equipped with them silencers
and whistles complying with prescriptions and shall keep effective
technological functions. The whole vehicle shall not emit noise in excess of
prescribed standards governing emission of noise by motor vehicles. Those
which can not reach the standards in terms of noise emission shall not be
licensed.

    Equipment of alarms on fire trucks, ambulances, construction
emergency trucks and security trucks shall comply with corresponding
provisions of the security department. Alarms shall not be used when it
is not an urgent situation and where such use is prohibited.

    Article 27  Different motor-driven ships including hovercrafts shall
use sound signals according to corresponding provisions.

    Article 28  Public security departments and communications
administration departments of the people’s governemnts at or above the
county level may, with a view to preventing and controlling of traffic
noise pollution and reaching the quality standards governing ambient
noise, make their prescriptions as to where and when motor- driven
vehicles and ships are prohibited from moving.

    Article 29  Trains passing or arriving in urban district of a city,
convalescent district or scenic spot shall use only air whistle.

    Article 30  Aircrafts which emit noise when taking off or landing shall
conform to the standards governing emission of noise by aircrafts. Aircrafts
shall be prohibited from exercising hedgehopping in the air over urban
district of a city.

    Article 31  Bus or railway stations, marshalling stations, harbour,
wharfs, airports and other hubs of communications where loudspeakers are used
shall bring the volume of loudspeakers under control so as to reduce the
influence of noise upon ambient environment.
Chapter VI  Provention and Cure of Noise Pollution from Social Lives

    Article 32  Loudspeakers of strong power and propaganda cars with
loudspeakers of strong power shall be banned to be used in public
districts such as streets, squares, parks and convalescent districts
and scenic spots without prior approval of the people’s government at
or above the county level.

    Article 33  It shall be prohibited to make loud noise to canvassing
customer in commercial districts.

    Article 34  Managers of entertainment places, sports gymnasiums and
stadiums shall adopt effective measures to lessen or eliminate the
influence of noise upon ambient environment.

    Article 35  Anyone who uses household appliances or organise indoor
entertainment activities shall control the volume of sound to avoid
disturbing other residents.
Chapter VII  Legal Liabilities

    Article 36  For committing of any of the following offences in
violation of the present Regulations, environment protection department
or other supervisory and administrative organ may, besides charging
the offender to make correction, give him a warning or fine punishement
in light of the seriousness of the offence:

    1) refusal of or lying in report for registration of matters concering
emission of noise as are required by environment protection department
of the State Council;

    2) arbitrarily dismantling or idling facilities for prevention and
cure of noise pollution or having noise emitted in excess of prescribed
standards governing noise  emission without prior approval of
environment protection department;

    3) refusal to accept on-spot investigation of environment protection
department or other supervisory and administrative organ or practicing
fraud during the investigation;

    4) disobey of the provisions of the people’s government regarding
restriction on time of construction or continuing construction without
prior approval at night in residential districts, cultural and
educational districs, convalescent districts which disturbs the rest of
resident;

    5) vehicles emitting noise in excess of prescribed standards governing
emission of noise by motor-driven vehicles;

    6) trains using air whistles when passing or arriving in urban
district of cities, convalescent districts or scenic spots;

    Article 37  In case the fee for emission of pollution fails to be paid, a
fine may be imposed in addition to pursuing the payment of the fee or
the fee for emission of pollution in excess of prescribed standards and
overdue fine.

    Article 38  Committing of any of the following offence in violation of
the present Regulations shall be punished by the public security organs
according to the Regulations of the People’s Republic of China
Regarding Security Administration and Penalties:

    1) using loudspeakers of strong power or propaganda cars with strong
power loudspeakers in public places such as streets, squares, parkes or
in convalescent districts or scenic spots without prior approval of the
people’s government at or above the county level;

    2) resorting to methods with loud noise to canvass customers;

    3) making noise that disturbs others indoors or in public places;

    4) failure to equip or use alarms for vehicles of special purposes in
accordance with correponding provisions;

    5) driving motor vehicles or sailing ships when and where it is
banned to do so;

    Article 39  In case a construction is used for production or other
purposes when facilities for provention and cure of noise pollution
are not finished or up to the corresponding state provisions regarding
environment protection with constructions, the original environment
protection department who reviewed and approved the report of
environment implications of the construction shall order to stop
production or use and may impose a fine as well.

    Article 40  In case an enterprise or institution fails to complete the
ordered treatment of noise within a limited time, a fine may be imposed
in light of the conscequent damages or a charge may be issued to
suspend production or shut down in addition to payment of certain fee
for emission of pollution according to corresponding state provisions.

    The punishment of fine shall be decided by environment protection
department or other supervisory and administrative department. The
charge to suspend production or shut down shall be issued by the
people’s government who ordered the treatment of noise within a limited
time. If the charge to stop production or shut down is to be issued to
an enterprise or institution under the direct auspices of relevant
department of the State Council, it shall be submitted for approval to
the revelant department.

    Article 41  If an offence in violation of the present Regulations
causes serious damages in consequence of noise pollution, the unit to
which the offender is attached or the responible organ at the higher
level shall impose an administrative disciplinary sanction, or in case
a crime is constituted, the criminal liabilities shall be assessed.

    Article 42  If the person concerned refuses to accept the disciplinary
sanction, the person may within 15 days upon receipt of the notice of
sanction apply for reconsideration with the authority of a level
immediately above the organ who decided the sanction. If the person
concerned again refuses to accept the decision after reconsideration,
the person may within 15 days upon receipt of notice of decision after
reconsideration bring a suit with the people’s court. Alternatively the
person concerned may within 15 days upon receipt of the notice of sanction
directly go to the people’s court for legal proceedings. If the deadline for
such actions has been passed with the person concerned neither applying for
reconsideration or sueing with the people’s court nor carrying out the
decision of sanction, the organ who made the decision of sanction shall apply
with the people’s court for enforced implementation of the decision.

    Any refusal to accept punishment of security administration shall be
handled according to the regulations regarding security administration
and penalties.

    Article 43  Any unit or individual who have caused emission of noise
pollution shall have the liabilities to eliminate the consequent harms
and compensate the units or individuals for the losses they directly
suffers.

    Disputes aring from compensation liabilities and volume of damages
shall be handled by environment protection department upon request of
the concerned parties. The concerned party who refuses to accept the
decision upon the disputes may sue with the  people’s court. Alternatively
concerned parties may directly go to the people’s court for a suit.

    Article 44  Any occurrence of abuse of power, favoritism or negligence
by the environment protection or supervision staff shall be punished by
way of disciplinary sanction or where a crime is constituted the
criminal liabilities shall be assessed.
Chapter VIII  Supplementary Provisions

    Article 45  The environment protection department of the State Council
shall be responsible for interpretation of the present Regulations.

    Article 46  Provinces, autonomous regions and municipalities under the
direct leadership of the Central Government may formulate more
detailed provisions for implementation of the present Regulations in
light of their own circumstances.

    Regulations regarding prevention and cure of noise pollution from
military activities shall be seperately formulated by the military.

    Article 47  The present Regulation shall come into effect as of the
date of December 1, 1989.





INTERIM PROVISIONS GOVERNING NON-SCHEDULED FLIGHTS IN CIVIL AIR TRANSPORT

Category  CIVIL AVIATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-03-02 Effective Date  1989-03-02  


Interim Provisions Governing Non-scheduled Flights in Civil Air Transport



(Adopted at the 31st Executive Meeting of the State Council on January 3,

1989, promulgated by Decree No. 29 of the State Council of the People’s
Republic of China on March 2, 1989 and effective as of the date of
promulgation)

    Article 1  These Provisions are formulated for the purpose of safeguarding
the rights and interests of the State in aviation, ensuring safety in air
transport and promoting the development of civil air transport.

    Article 2  These Provisions shall apply to the non-scheduled flights of
Chinese and foreign aircraft engaged in carrying passengers, baggage, cargoes
and mail within the territorial spheres of the People’s Republic of China and
between the People’s Republic of China and foreign countries.

    Article 3  The term “non-scheduled flights” referred to in these
Provisions denotes civil air transport flight other than scheduled air
services.

    Article 4  The operation of non-scheduled flights shall be subject to the
submission on an application to the Civil Aviation Administration of China
(CAAC) for its approval. The application and approval procedures shall be
formulated by the CAAC.

    Article 5  The operation of non-scheduled flights shall abide by the
transport regulations formulated by the CAAC and may not affect the normal
operations of scheduled flights.

    Article 6  Air crew and aircraft engaged in non-scheduled flights shall
meet the criteria or be up to the technical standards stipulated by the CAAC
and possess and bear a Crew Licence, the Aircraft Registration Certificate,
the Aircraft Airworthiness Certificate and other certificates and documents
as required to be on board in accordance with the relevant provisions.

    Article 7  The operation of non-scheduled flights for commercial
transportation into or out of the territorial spheres of the People’s
Republic of China by a foreign civil air carrier shall be handled in
accordance with the relevant provisions in the air transport agreement entered
into by the Government of the People’s Republic of China and the Government
of the foreign country to which the said carrier belongs.

    Article 8  No foreign civil air carrier may operate non-scheduled flights
for commercial transportation between any two points within the territorial
spheres of the People’s Republic of China.

    Article 9  To remunerated non-scheduled flights for commercial
transportation operated by foreign civil air carrier, the Chinese authorities
shall have the right to levy compensation for the grant of air traffic right.

    Article 10  Chinese civil air carriers shall have the priority to operate
non-scheduled flights originating in the People’s Republic of China and
destined for foreign countries, for carrying passengers, baggage, cargoes and
mail.

    Article 11  The tariffs and the terms and conditions as well as the
measures for the administration for non-scheduled flights in civil air
transport shall be formulated by the CAAC in conjunction with the State
Administration of Commodity Prices.

    Article 12  Unless otherwise specially approved by the CAAC, a foreign
aircraft engaged in non-remunerated non-scheduled flights may only land at
designated point within the territorial spheres of the People’s Republic of
China and may not carry out of the territorial spheres of the People’s
Republic of China any people or cargoes other than those the aircraft has
originally carried on board, nor may it leave within the territorial spheres
of the People’s Republic of China any people and cargoes it has originally
carried on board.

    Article 13  Aircraft engaged in non-scheduled flights for international
transport shall complete such procedures as border inspection, Customs
clearance, quarantine and security examination and pay the fees in accordance
with the relevant provisions.

    Article 14  Foreign aircraft engaged in non-scheduled flights and their
crew members, and the passengers, baggage, cargoes and mail that they carry on
board, whether entering, or leaving, or remaining within the territorial
spheres of the People’s Republic of China, shall abide by the relevant laws,
regulations and rules of the People’s Republic of China and pay various fees
in accordance with relevant provisions.

    Article 15  Operators of foreign aircraft engaged in non-scheduled flights
must cover liability insurance against damage that the aircraft may incur to
the third party on the ground while flying within the territorial spheres of
the People’s Republic of China and they must also cover the statutory
liability insurance if they operate non-scheduled flights for carrying
passengers, baggage, cargoes and mail.

    Article 16  The CAAC shall have the power to impose such penalties upon
those units and individuals that violate these Provisions, as warning, fine,
compulsory suspension of flights or revocation of relevant certificates. If
the violation constitutes a crime, the judicial organs shall investigate the
criminal liability of those responsible.

    Article 17  The CAAC shall be responsible for the interpretation of these
Provisions.

    Article 18  These Provisions shall become effective as of the date of
promulgation.





REGULATIONS CONCERNING THE ADMINISTRATION OF THE WORK FOR THE PROTECTION OF UNDERWATER CULTURAL RELICS

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-10-20 Effective Date  1989-10-20  


Regulations of the People’s Republic of China Concerning the Administration of the Work for the Protection of Underwater Cultural
Relics



(Promulgated by Decree No. 42 of the State Council of the People’s

Republic of China on October 20, 1989 and effective as of the date of
promulgation)

    Article 1  These Regulations are formulated in accordance with the
pertinent provisions of the Law of the People’s Republic of China for the
Protection of Cultural Relics for the purpose of strengthening the
administration of the work for the protection of underwater cultural relics.

    Article 2  The term “underwater cultural relics” referred to in these
Regulations denotes the human cultural heritage that has historic, artistic
and scientific values and that remains in the following waters:

    (1) all the cultural relics of Chinese origin, or of unidentified origin,
or of foreign origin that remain in the Chinese inland waters and territorial
waters;

    (2) cultural relics that are of Chinese origin or of unidentified origin
that remain in sea areas outside the Chinese territorial waters but under
Chinese jurisdiction according to the Chinese law;

    (3) cultural relics of Chinese origin that remain in sea areas outside the
territorial waters of any foreign country but under the jurisdiction of a
certain country, or in the high seas.

    The provisions in the preceding paragraph shall not cover objects that
have remained underwater since 1911 that have nothing to do with important
historical events, revolutionary movements or renowned personages.

    Article 3  The ownership of the underwater cultural relics specified in
Items (1) and (2) of Paragraph 1 of Article 2 of these Regulations shall
reside in the state and the state shall exercise jurisdiction over them; with
respect to underwater cultural relics specified in Item (3) of Paragraph 1 of
Article 2 of these Regulations, the state shall have the right to identify
the owners of the objects.

    Article 4  The State Administration for Protection of Cultural Relics
shall be the competent authority in charge of the registration of underwater
cultural relics, of the administration of the protection thereof, and of the
work of examination and approval concerning the archaeological exploration and
excavation activities with respect to underwater cultural relics.

    Administrative departments for cultural relics at various levels in the
localities shall be in charge of the protection of the underwater cultural
relics in their respective administrative regions and shall, in conjunction
with the archaeological and research institutions for cultural relics, be in
charge of the work to identify and assess the value of underwater cultural
relics. With respect to underwater cultural relics in sea waters, the State
Administration for Protection of Cultural Relics may designate the
administrative departments for cultural relics in the localities to be in
charge of the administration of the work for the protection of underwater
cultural relics.

    Article 5  On the basis of the value of underwater cultural relics, the
State Council and the people’s governments of the provinces, autonomous
regions and municipalities directly under the Central Government may in
accordance with the pertinent procedures specified in the provisions in
Chapter II of the Law of the People’s Republic of China for the Protection of
Cultural Relics, determine the underwater cultural relics protection units and
underwater cultural relics reserves at the national or provincial levels and
publicly announce them.

    Within the limits of the underwater cultural relics protection units and
underwater cultural relics reserves, any activities that may jeopardize the
safety of the underwater cultural relics, such as fishing and demolitions,
shall be prohibited.

    Article 6  Any units or individuals that have discovered by any means
underwater cultural relics specified in Items (1) and (2) of Paragraph 1 of
Article 2 of these Regulations shall report promptly to the State
Administration for Protection of Cultural Relics or to the administrative
departments for cultural relics in the localities and those that have been
fished up shall be handed over promptly to the State Administration for
Protection of Cultural Relics or to the administrative departments for
cultural relics in the localities to be properly dealt with.

    Any units or individuals that have discovered by any means underwater
cultural relics specified in Item (3) of Paragraph 1 of Article 2 of these
Regulations shall report promptly to the State Administration for Protection
of Cultural Relics or to the administrative departments for cultural relics in
the localities and those that have been fished up shall be turned in promptly
to the State Administration for Protection of Cultural Relics or to the
administrative departments for cultural relics in the localities to be
identified and assessed.

    Article 7  Archaeological exploration and excavation activities with
respect to underwater cultural relics shall have, as their objective, the
protection of cultural relics and scientific research.

    Any units or individuals that intend to conduct in the waters under
Chinese jurisdiction archaeological exploration or excavation activities with
respect to underwater cultural relics shall apply to the State Administration
for Protection of Cultural Relics and submit the relevant data. Without
approval by the State Administration for Protection of Cultural Relics, no
units or individuals may conduct by any means unauthorized exploration or
excavation.

    Foreign countries, international organizations and foreign legal persons
or natural persons that are to conduct in the waters under Chinese
jurisdiction archaeological exploration or excavation activities shall do so
in cooperation with the Chinese side and shall submit their application
therefor to the State Administration for Protection of Cultural Relics, which
shall further submit it to the State Council of the People’s Republic of China
for special approval.

    Article 8  With respect to any units or individuals that have been
permitted to effect archaeological exploration or excavation activities with
respect to underwater cultural relics, if the range of their activities covers
water under the jurisdiction of the harbour superintendancy, the case shall be
reported to the harbour superintendancy for verification and approval and the
harbour superintendancy shall, upon verification and approval, delineate the
safe operation area(s) and put out a navigation notice.

    Article 9  Any units or individuals that are effecting archaeological
exploration or excavation activities with respect to underwater cultural
relics shall, in addition to complying with these Regulations, abide by other
laws and regulations of China and accept the administration by the departments
concerned, shall observe rules concerning underwater archaeological
activities, diving and navigation and ensure the safety of the personnel and
the underwater cultural relics, shall prevent the water from environmental
pollution and protect the underwater biological resources and other natural
resources from damage, shall protect all the surface and underwater facilities
and may not obstruct communication and transportation, fishery production,
military drills and other normal surface and underwater operations and
activities.

    Article 10  Those who have made outstanding contributions to the
protection of underwater cultural relics, if the circumstances are in
conformity with those specified in the provisions in Article 29 of the Law of
the People’s Republic of China for the Protection of Cultural Relics, shall be
commended or rewarded.

    Those who, in violation of the provisions in Articles 5, 6 and 7 of these
Regulations, damage underwater cultural relics, or explore, excavate or dredge
up underwater cultural relics without authorization, or hide, share secretly,
traffic in, illicitly sell or illicitly export underwater cultural relics, if
the circumstances are found to be those specified in the provisions in
Articles 30 and 31 of the Law of the People’s Republic of China for the
Protection of Cultural Relics, shall be given administrative sanctions or have
their criminal liability investigated in accordance with the law.

    With respect to those who violate the provisions in Articles 8 and 9 of
these Regulations, if the violation has resulted in serious consequences, the
administrative department for cultural relics shall, in conjunction with the
departments concerned, order the operation to be suspended and set a deadline
for correction or shall give such administrative sanctions as withdrawing the
approval granted, with an additional imposition of a fine ranging from
Renminbi 1,000 yuan to 10,000 yuan.

    Article 11  The State Administration for Protection of Cultural Relics
shall be responsible for the interpretation of these Regulations.

    Article 12  The rules for the implementation of these Regulations shall be
formulated by the State Administration for Protection of Cultural Relics.

    Article 13  These Regulations shall go into effect as of the date of
promulgation.





MEASURES FOR THE ADMINISTRATION OF THE COLLECTION VERIFICATION AND WRITING-OFF OF EXPORT PROCEEDS IN FOREIGN EXCHANGE

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1990-12-18 Effective Date  1991-01-01  


Measures for the Administration of the Collection Verification and Writing-off of Export Proceeds in Foreign Exchange



(Approved by the State Council on December 9, 1990, and promulgated

jointly by the People’s Bank of China, the State Administration of Foreign
Exchange Control, the Ministry of Foreign Economic Relations and Trade, the
General Customs Administration, and the Bank of China on December 18, 1990)

    Article 1  These Measures arc formulated in order to strengthen the
administration of the collecting of export proceeds in foreign exchange in
accordance with the provision in Interim Regulations on Foreign Exchange
Control of the People’s Republic of China and with the requirements of the
State Council concerning the strengthening and perfecting of the system of
the collecting, verifying and writing-off of export proceeds in foreign
exchange.

    Article 2  Definitions

    (1) “Departments for foreign exchange control” refers to the State
Administration of Foreign Exchange Control and its branch offices;

    (2) “Trustee banks” refers to those banks (including foreign-capital
financial institutions set up within the territory of China, and
Chinese-foreign equity joint financial institutions) or non-banking financial
institutions which are approved by the State Administration of Foreign
Exchange Control to have the right to accept the entrustment of export
units for tendering documents to and claiming reimbursements from foreign
firms abroad.

    (3) “Paying banks” refers to those banks (including foreign-capital
financial institutions established within the territory of China, and
Chinese-foreign equity joint financial institutions), or those non-banking
financial institutions which are approved by the State Administration of
Foreign Exchange Control to have the right to accept the entrustment of
export units for tendering documents to and claiming reimbursements from
foreign firms abroad, and which can deliver payments for goods to exporters
in either RMB yuan or foreign exchange;

    (4) “Exporters” refers to those companies which have been approved by
the Ministry of Foreign Economic Relations and Trade or by its authorized
units to have the right to handle export business, and also to those
enterprises as well as enterprises with foreign investment which have the
right to handle foreign trade.

    (5) “Instrument for the collecting, verifying and writing-off of export
proceeds in foreign exchange” (also referred to as “verifying and writing-off
instrument” for short) refers to vouchers with serial numbers, printed and
issued by the State Administration of Foreign Exchange Control, filled in by
exporters, trustee banks and paying banks, accepted by the Customs as
documents for clearance of goods, and used by departments for foreign
exchange control for verifying and writing-off export proceeds in foreign
exchange; and the said instrument has counterfoil attached to it;

    (6) “The deadline for the collecting” refers to the deadlines, as stipulated in Article 9 of these Measures,
for the settlement or the
collection of export proceeds in foreign exchange;

    (7) “The overdue uncollected foreign exchange” refers to the non-settled
or uncollected export proceeds in foreign exchange, after the deadline for
the collection.

    Article 3  These Measures shall apply to all cases concerning the
collection of foreign exchange under the heading of export trade done in all
forms.

    Article 4  Exporters shall apply to the local department for foreign
exchange control for the verifying and writing-off instrument, which is
affixed with a stamp – with the inscription “COLLECTING OF FOREIGN EXCHANGE
UNDER SUPERVISION” – by the department for foreign exchange control. When
applying to the Customs for clearance of goods, an exporter must present to
the Customs the relevant verifying and writing-off instrument, and go through
the procedures for declaration at the Customs with a declaration form marked
with the serial number of the relevant verifying and writing-off instrument;
otherwise, the Customs shall not accept the application for Customs clearance.
After the completion of the procedures for Customs clearance of goods, the
Customs shall affix the stamp – with the inscription “CLEARED” – to the
verifying and writing-off instrument and to the declaration form marked with
the serial number of the said verifying and writing-off instrument.

    Article 5  In case that goods cannot be exported for one reason or another
after the exporter concerned has filled in the verifying and writing-off
instrument, the said exporter shall go through the procedures for the
cancellation of the verifying and writing-off instrument at the department for
foreign exchange control.

    Article 6  After going through the procedures for Customs declaration of
goods, the exporter concerned must, in good time, submit the relevant
declaration forms, the duplicates of drafts for remittance, invoices and the
counterfoils of verifying and writing-off instruments to the local department
for foreign exchange control for the verifying and writing-off of export
proceeds.

    Article 7  When an exporter tenders documents to a trustee bank, the
trustee bank must, on the strength of the verifying and writing-off instrument
affixed with the “CLEARED” stamp, accept the relevant export documents.
The trustee bank shall not be permitted to accept those export documents,
to which no verifying and writing-off instrument is attached. An exporter,
which handles export business either on its own or per procurationem, must
use its own verifying and writing-off instrument when applying to the Customs
for clearance of goods. A unit undertaking declaration at the Customs per
procurationem must return, in good time, the verifying and writing-off
instrument and the relevant Customs declaration forms to the consignor as soon
as it has gone through the Customs declaration procedures for the exporter.

    Article 8  An exporter, after using up the verifying and writing-off
instruments it has, may apply to the local department of foreign exchange
control for obtaining new verifying and writing-off instruments.

    Article 9  All the export proceeds in foreign exchange of an exporter
must be collected or settled, before the following deadlines for collection:

    (1) With respect to payments for goods through spot letter of credit or
through spot collection, it is stipulated that export proceeds in foreign
exchange must be settled or collected, within 20 days for region of Hong Kong
and Macao and other offshore areas, and 30 days for the areas beyond the
oceans, beginning from the day the relevant export documents are mailed.

    (2) With respect to payments for goods through forward letter of credit
or through forward collection, it is stipulated that export proceeds in foreign exchange must be settled or collected, within 30 days
for region of
Hong Kong and Macao and other offshore areas, and 40 days for the areas beyond
the oceans, beginning from the day specified in the drafts of remittance for
payment.

    (3) With respect to payments for goods through consignment sales, the
exporter must indicate the deadline for the collection on the counterfoil
of the verifying and writing-off instrument, and the deadline shall not exceed
the time limit of 360 days beginning from the day when the procedures for
Customs declaration are completed.

    (4) With respect to payments for goods through the sending of documents
by the exporter itself – an operation not included in the scope of consignment
sales (This refers to the procedures of tendering documents and collecting
foreign exchange without the assistance of a bank), the exporter must settle
or collect export proceeds in foreign exchange within 50 working days beginning
from the day when the procedures for Customs declaration are completed.

    Article 10  An exporter, no matter what forms of export proceeds
collection it may adopt, must, within 30 working days immediately after the
deadline for the collection, go through the procedures at the local department
of foreign exchange control for the collecting, verifying and writing-off
of export proceeds in foreign exchange, on the strength of the verifying and
writing-off instrument signed by the paying bank, the foreign exchange
settlement voucher or the collection advice, as well as other relevant
certifying documents.

    Article 11  In case that export proceeds have not been collected within
the prescribed time limit, the exporter must promptly submit a written report
to the department of foreign exchange control, giving an account of the case,
and it is up to the department for foreign exchange control to handle the
case at its discretion.

    Article 12  The trustee bank and the paying bank shall strengthen their
supervision over the overdue export proceeds of exporter, and shall also, in
good time, press foreign banks for payment. The trustee bank and the paying
bank must, within the first ten days of each quarter, submit a report to the
local department for foreign exchange control concerning the uncollected
overdue export proceeds.

    Article 13  With respect to those who have violated the provisions of
these Measures, the department for foreign exchange control has the power to
impose on the violators such penalties as an administrative warning,
circulation of a notice of criticism, a fine, or a temporary suspension of
the use of a foreign exchange account. In case that the violators concerned
refuse to comply with the aforesaid penalty decision, the case may be handled
in accordance with Implementing Rules on Punishment of Violation of Foreign
Exchange Control adopted by the State Council on March 25, 1985 and
promulgated by the State Administration of Foreign Exchange Control on April
5, 1985.

    Article 14  The Measures for the supervision and control of the collection
of export proceeds in foreign exchange formulated by the various localities
and departments prior to the promulgation of these Measures shall cease to
be effective.

    Article 15  The right to interpret these Measures resides in the State
Administration of Foreign Exchange Control; and the relevant rules for
implementation shall be formulated by the State Administration of Foreign
Exchange Control in conjunction with other departments concerned.

    Article 16  These Measures shall go into effect as of January 1, 1991.





INTERIM REGULATIONS CONCERNING THE ASSIGNMENT AND TRANSFER OF THE RIGHT TO THE USE OF THE STATE-OWNED LAND IN THE URBAN AREAS

Category  LAND ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1990-05-19 Effective Date  1990-05-19  


Interim Regulations of the People’s Republic of China Concerning the Assignment and Transfer of the Right to the Use of the State-owned
Land in the Urban Areas

Chapter I  General Provisions
Chapter II  The Assignment of the Right to the Use of the Land
Chapter III  The Transfer of the Right to the Use of the Land
Chapter IV  The Lease of the Right of the Use of the Land
Chapter V  The Mortgage of the Right to the Use of the Land
Chapter VI  The Termination of the Right to the Use of the Land
Chapter VII  The Allocated Right to the Use of the Land
Chapter VIII  Supplementary Provisions

(Promulgated by Decree No. 55 of the State Council of the People’s

Republic of China on May 19, 1990 and effective as of the date of
promulgation)
Chapter I  General Provisions

    Article 1  These Regulations are formulated in order to reform the system
of using the State-owned land in the urban areas, rationally develop, utilize
and manage the land, strengthen land administration and promote urban
construction and economic development.

    Article 2  The State, in accordance with the principle of the ownership
being separated from the right to the use of the land, implements the system
whereby the right to the use of the State-owned land in the urban areas may be
assigned and transferred, with the exclusion of the underground resources, the
objects buried underground, and the public works.

    The term “State-owned land in the urban areas” as used in the preceding
paragraph refers to the land owned by the whole people (hereinafter referred
to as “the land”) within the limits of cities, county sites, administrative
towns and industrial and mining areas.

    Article 3  Any company, enterprise, other organization and individual
within or outside the People’s Republic of China may, unless otherwise
provided by law, obtain the right to the use of the land and engage in land
development, utilization and management in accordance with the provisions of
these Regulations.

    Article 4  Users of the land who have obtained the right to the use of the
land in accordance with these Regulations may, within the term of land use,
transfer, lease, or mortgage the right to the use of the land or use it for
other economic activities, and their lawful rights and interests shall be
protected by the laws of the State.

    Article 5  Users of the land shall, in their activities to develop,
utilize and manage the land, abide by the laws and regulations of the State
and may not jeopardize the interests of the society and the public.

    Article 6  The land administrative departments under the people’s
governments at or above the county level shall conduct supervision and
inspection, according to law, over the assignment, transfer, lease, mortgage
and termination of the right to the use of the land.

    Article 7  The registration of the assignment, transfer, lease, mortgage
and termination of the right to the use of the land and the registration of
the above-ground buildings and other attached objects shall be handled by the
land administration department and housing administration departments of the
government in accordance with the law and the pertinent regulations of the
State Council.

    The registration documents shall be made available for public reference.
Chapter II  The Assignment of the Right to the Use of the Land

    Article 8   The assignment of the right to the use of the land refers to
the act of the State as the owner of the land who, within the term of a
certain number of years, assigns the right to the use of the land to land
users, who shall in turn pay fees for the assignment thereof to the State.

    An assignment contract shall be signed for assigning the right to the use
of the land.

    Article 9  People’s governments at the municipal and county levels shall
be in charge of assigning the right to the use of land, which shall be
effected in a planned, step-by-step way.

    Article 10  The land administration departments under the people’s
governments at the municipal and county levels shall, in conjunction with the
administrative departments for urban planning and construction and the housing
administration departments, draw up a plan concerning the size and location,
the purposes, the term, and other conditions with respect to the assigning of
the right to the use of the land. The plan shall be submitted for approval in
accordance with the limits of authority for approval as stipulated by the
State Council and shall then be implemented by the land administration
departments.

    Article 11  The contract for assigning the right to the use of the land
shall be signed by and between the land administration departments under the
people’s governments at the municipal and county levels (hereinafter referred
to as “the assigning party”) and the land users in accordance with the
principle of equality, voluntariness and compensation for use.

    Article 12  The maximum term with respect to the assigned right to the use
of the land shall be determined respectively in the light of the purposes
listed below:

    (1) 70 years for residential purposes;

    (2) 50 years for industrial purposes;

    (3) 50 years for the purposes of education, science, culture, public
health and physical education;

    (4) 40 years for commercial, tourist and recreational purposes; and

    (5) 50 years for comprehensive utilization or other purposes.

    Article 13  The assignment of the right to the use of the land may be
carried out by the following means:

    (1) by reaching an agreement through consultations;

    (2) by invitation to bid; or

    (3) by auction.

    The specific procedures and steps for assigning the right to the use of
the land by the means stipulated in the proceding paragraphs shall be
formulated by the people’s government of the relevant province, automonous
region, or municipality directly under the Central Government.

    Article 14  The land user shall, within 60 days of the signing of the
contract for the assignment of the right to the use of the land, pay the total
amount of the assignment fee thereof, failing which, the assigning party shall
have the right to terminate the contract and may claim compensation for breach
of contract.

    Article 15  Thc assigning party shall, in compliance with the stipulations
of the contract, provide the right to the use of the land thus assigned,
failing which, the land user shall have the right to terminate the contract
and may claim compensation for breach of contract.

    Article 16  After paying the total amount of the fee for the assignment
of the right to the use of the land, the land user shall, in accordance with
the relevant provisions, go through the registration thereof, obtain the
certificate for land use and accordingly the right to the use of the land.

    Article 17  The land user shall, in conformity with the stipulations of
the contract for the assignment of the right to the use of laud and the
requirements of city planning, develop, utilize and manage the land.

    Should any land user fail to develop and utilize the land in accordance
with the period of time specified in the contract and the conditions therein,
the land administration department under the people’s government at the
municipal or county level shall make corrections and, in light of the
seriousness of the case, give such penalties as a warning, a fine or, in an
extreme case, withdrawing the right to the use of the land without
compensation.

    Article 18  If the land user needs to alter the purposes of land use as
stipulated in the contract for assigning the right to the use of land, he
shall obtain the consent of the assigning party and the approval of the land
administration department and the urban planning department and shall, in
accordance with the relevant provisions in this Chapter, sign a new contract
for assigning the right to the use of the land, readjust the amount of the
assignment fee thereof, and undertake registration anew.
Chapter III  The Transfer of the Right to the Use of the Land

    Article 19  The transfer of the right to the use of the land refers to the
land user’s act of re-assigning the right to the use of the land, including
the sale, exchange, and donation thereof.

    If the land has not been developed and utilized in accordance with the
period of time specified in the contract and the conditions therein, the right
to the use thereof may not be transferred.

    Article 20  A transfer contract shall be signed for the transfer of the
right to the use of the land.

    Article 21  With the transfer of the right to the use of the land, the
rights and obligations specified in the contract for assigning the right to
the use of the land and in the registration documents shall be transferred
accordingly.

    Article 22  The land user who has acquired the right to the use of the
land by means of the transfer thereof shall have a term of use which is the
remainder of the term specified in the contract for assigning the right to the
use of the land minus the number of the years in which the original land user
has used the land.

    Article 23  With the transfer of the right to the use of the land, the
ownership of the above-ground buildings and other attached objects shall be
transferred accordingly.

    Article 24  The owners or joint owners of the above-ground buildings and
other atttached objects shall have the right to the use of the land within the
limits of use of the said buildings and objects.

    With the transfer of the ownership of the above-ground buildings and other
attached objects by the land users, the right to the use of the land within
the limits of use of the said buildings and objects shall be transferred
accordingly, with the exception of the movables.

    Article 25  With respect to the transfer of the right to the use of the
land and of the ownership of the above-ground buildings and other attached
objects, registration for the transfer shall be undertaken in accordance with
the relevant provisions.

    Divided transfer of the right to the use of the land and of the ownership
of the above-ground buildings and other attached objects shall be subject to
the approval of the land administration department and the housing
administration department under the people’s government at the municipal or
county level, and registration for the divided transfer shall be undertaken
in accordance with the relevant provisions.

    Article 26  When the transfer of the right to the use of the land is
priced at a level obviously lower than the prevailing market price, the
people’s government at the municipal or county level shall have the
priority of the purchase thereof.

    When the market price for the transfer of the right to the use of the land
rises to an unreasonable extent, the people’s government at the municipal or
county level may take necessary measures to cope with it.

    Article 27  If, after the transfer of the right to the use of the land,
necessity arises for altering the purposes of land use as stipulated in the
contract for assigning the right to the use of the land, it shall be handled
in accordance with the provisions in Article 18 of these Regulations.
Chapter IV  The Lease of the Right of the Use of the Land

    Article 28  The lease of the right to the use of the land refers to the
act of the land user as the lessor to lease the right to the use of the land
together with the above-ground buildings and other attached objects to the
lessee for use who shall in turn pay lease rentals to the lessor.

    If the land has not been developed and utilized in accordance with the
period of time specified in the contract and the conditions therein, the right
to the use thereof may not be leased.

    Article 29  A lease contract shall be signed for leasing the right to the
use of the land by and between the lessor and the lessee.

    The lease contract shall not run counter to the laws and regulations of
the State or the stipulations of the contract for assigning the right to the
use of the land.

    Article 30  After leasing the right to the use of the land, the lessee
must continue to perform the contract for assigning the right to the use of
the land.

    Article 31  With respect to the lease of the right to the use of the land
together with the above-ground buildings and other attached objects, the
lessee shall undertake registration in accordance with the relevant provisions.
Chapter V  The Mortgage of the Right to the Use of the Land

    Article 32  The right to the use of the land may be mortgaged.

    Article 33  With the mortgage of the right to the use of the land, the
above-ground buildings and other attached objects thereon shall be mortgaged
accordingly.

    With the mortgage of above-ground buildings and other attached objects,
the right to the use of the land within the limits of use of the said
buildings and objects shall be mortgaged accordingly.

    Article 34  Amortgage contract shall be signed for mortgaging the right to
the use of the land by and between the mortgagor and the mortgagee.

    The mortgage contract shall not run counter to the laws and regulations
of the State or the stipulations of the contract for assigning the right to
the use of the land.

    Article 35  With respect to the mortgage of the right to the use of the
land together with the above-ground buildings and other attached objects,
registration for the mortgage shall be undertaken in accordance with the
relevant provisions.

    Article 36  If the mortgagor fails to fulfil liabilities within the
prescribed period of time or declares dissolution or bankruptcy within the
term of the mortgage contract, the mortgatee shall have the right to dispose
of the mortgaged property in accordance with the laws and regulations of the
State and the stipulations of the mortgage contract.

    With respect to the right to the use of the land and the ownership of the
above-ground buildings and other attached objects acquired as a result of the
disposal of the mortgaged property, transfer registration shall be undertaken
in accordance with the relevant provisions.

    Article 37  The mortgagee shall have the priority of compensation with
respect to the receipts resulting from the disposal of the mortgaged property.

    Article 38  If the mortgage is eliminated as a result of the liquidation
of liabilities or for other reasons, procedures shall be undertaken to nullify
the mortgage registration.
Chapter VI  The Termination of the Right to the Use of the Land

    Article 39  The right to the use of the land terminate for such reasons as
the expiration of the term of use as stipulated in the contract for assigning
the right to the use of the land, the withdrawal of the right before the
expiration, or the loss of the land.

    Article 40  Upon expiration of the term of use, the right to the use of
the land and the ownership of the above-ground buildings and other attached
objects thereon shall be acquired by the State without compensation. The land
user shall surrender the certificate for land use and undertake procedures to
nullify the registration.

    Article 41  Upon expiration of the term of use, the land user may apply
for its renewal. Where such a renewal is necessary, a new contract shall be
signed in accordance with the provisions in Chapter II of these Regulations
and the land user shall pay the fee for the assignment of the right to the use
of the land and undertake registration.

    Article 42  The State shall not withdraw before the expiration of the term
of use the right to the use of the land which the land user acquired in
accordance with the law. Under special circumstances, the State may, based on
the requirements of social public interests, withdraw the right before the
expiration of the term of use in line with the relevant legal procedures and
shall, based on the number of years in which the land user has used the land
and actual state of affairs with respect to the development and utilization of
the land, offer corresponding compensation.
Chapter VII  The Allocated Right to the Use of the Land

    Article 43  The allocated right to the use of the land refers to the right
to the use of the land which the land user acquires in accordance with the
law, by various means, and without compensation.

    The land user referred to in the preceding paragraph shall pay tax for the
use of the land in accordance with the provisions of the Interim Regulations
of the People’s Republic of China Concerning the Tax for the Use of the Land
in the Urban Areas.

    Article 44  The allocated right to the use of the land may not be
transferred, leased, or mortgaged, with the exception of cases as specified in
Article 45 of these Regulations.

    Article 45  On condition that the following requirements are satisfied,
the allocated right to the use of the land and the ownership of the
above-ground buildings and other attached objects may, subject to the approval
of the land administration departments and the housing administration
departments under the people’s governments at the municipal or county level,
be transferred, leased or mortgaged:

    (1) the land users are companies, enterprises, or other economic
organizations, or individuals;

    (2) a certificate for the use of state-owned land has been obtained;

    (3) possessing legitimate certificates of property rights to the
above-ground buildings and other attached objects; and

    (4) a contract for assigning the right to the use of land is signed in
accordance with the provisions in Chapter II of these Regulations and the land
user makes up for the payment of the assignment fee to the local municipal or
county people’s government or uses the profits resulting from the transfer,
lease or mortgage to pay the assignment fee.

    The transfer, lease or mortgage of the allocated right to the use of the
land referred to in the preceding paragraphs shall be handled respectively in
accordance with the provisions in Chapters III, IV and V of these Regulations.

    Article 46  Any units or individuals that transfer, lease or mortgage the
allocated right to the use of the land without authorization shall have their
illegal incomes thus secured confiscated by the land administration
departments under the people’s governments at the municipal or county level
and shall be fined in accordance with the seriousness of the case.

    Article 47  If the land user who has acquired the allocated right to the
use of the land without compensation stops the use thereof as a result of
moving to another site, dissolution, disbandment, or bankruptcy or for other
reasons, the municipal or county people’s government shall withdraw the
allocated right to the use of the land without compensation and may assign it
in accordance with the relevant provisions of these Regulations.

    The municipal or county people’s government may, based on the needs of
urban construction and development and the requirements of urban planning,
withdraw the allocated right to the use of the land without compensation and
may assign it in accordance with the relevant provisions of these Regulations.

    When the allocated right to the use of the land is withdrawn without
compensation,the municipal or county people’s government shall, in the light
of the actual state of affairs, give due compensation for the above-ground
buildings and other attached objects thereon.
Chapter VIII  Supplementary Provisions

    Article 48  The right to the use of the land may be inherited if it is
acquired by individuals in accordance with the provisions of these Regulations.

    Article 49  The land user shall pay tax in accordance with the provisions
of the tax laws and regulations of the State.

    Article 50  Fees collected by assigning the right to the use of the land
in accordance with these Regulations shall be included in the fiscal budget
and managed as a special fund, which shall be used mainly for urban
constrction and land development. The specific measures for the use and
management of the fund shall be separately prescribed by the Ministry of
Finance.

    Article 51  The people’s governments of various provinces, autonomous
regions and municipalities directly under the Central Government shall, in
accordance with the provisions of these Regulations and with the actual state
of affairs in their respective localities, select as their pilot testing
grounds some of the cities or towns where conditions are relatively ripe.

    Article 52  With respect to foreign investors engaging in developing and
managing tracts of land, the administration of the right to the use of the
land shall be effected in accordance with the relevant provisions of the State
Council.

    Article 53  The State Administration for Land Uses shall be responsible
for the interpretation of these Regulations; the measures for the
implementation thereof shall be formulated by the people’s government of the
provinces, autonomous regions and municipalities directly under the Central
Government.

    Article 54  These Regulations shall go into effect as of the date of
promulgation.





RULES FOR THE IMPLEMENTATION OF THE FOREIGN-CAPITAL ENTERPRISES

Category  FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1990-12-12 Effective Date  1990-12-12  


Rules for the Implementation of the Law of the People’s Republic of China on Foreign-capital Enterprises

Contents
Chapter I  General Provisions
Chapter II  Procedures for Establishment
Chapter III  Form of Organization and Registered Capital
Chapter IV  Methods of Contributing Investment and the Time Limit
Chapter V  Use of Site and the Site Use Fees
Chapter VI  Purchasing and Marketing
Chapter VII Taxation
Chapter VIII  Control of Foreign Exchange
Chapter IX  Financial Affairs and Accounting
Chapter X  Workers and Staff Members
Chapter XI  Trade Union
Chapter XII  Term of Operations, Termination and Liquidation
Chapter XIII  Supplementary Provisions

(Approved by the State Council on October 28, 1990, and promulgated by

Decree No. 1 of the Ministry of Foreign Economic Relations and Trade on
December 12, 1990)
Contents

    Chapter I     General Provisions

    Chapter II    Procedures for Establishment

    Chapter III   Form of Organization and Registered Capital

    Chapter IV    Methods of Contributing Investments and the Time Limit

    Chapter V     Use of Site and the Site Use Fees

    Chapter VI    Purchasing and Marketing

    Chapter VII   Taxation

    Chapter VIII  Control of Foreign Exchange

    Chapter IX    Financial Affairs and Accounting

    Chapter X     Workers and Staff Members

    Chapter XI    Trade Union

    Chapter XII   Term of Operations, Termination and Liquidation

    Chapter XIII  Supplementary Provisions
Chapter I  General Provisions

    Article 1  These Rules are formulated in accordance with the provisions in
Article 23 of The Law of the People’s Republic of China on Foreign-Capital
Enterprises.

    Article 2  Foreign-capital enterprises shall be under the jurisdiction of
and protection by China’s laws.

    Foreign-capital enterprises, while engaged in business operational
activities within the territory of China, must abide by Chinese laws and
regulations and must not jeopardize the social and public interests of China.

    Article 3  A foreign-capital enterprise to be established in China must be
conducive to the development of China’s national economy, be capable of gaining
remarkable economic results and shall meet at least one of the following
conditions:

    (1) the enterprise is to adopt advanced technology and equipment, engage in
the development of new products, conserve energy and raw materials, and
realize the upgrading of products and the replacement of old products with new
ones which can be used for placing similar Imported goods;

    (2) its annual output value of export products accounts for more than 50%
of the annual output value of all products, thereby realizing the balance
between revenues and expenditures in foreign exchange or with a surplus.

    Article 4  No foreign-capital enterprise shall be established in the
following trades:

    (1) the press, publication, broadcasting, television, and movies;

    (2) domestic commerce, foreign trade, and insurance;

    (3) post and telecommunications;

    (4) other trades in which the establishment of foreign-capital enterprises
is forbidden, as prescribed by the Chinese government.

    Article 5  The establishment of foreign-capital enterprises shall be
restricted in the following trades:

    (1) public utilities;

    (2) communications and transportation;

    (3) real estate;

    (4) trust investment;

    (5) leasing.

    The application for the establishment of a foreign-capital enterprise in
the trades mentioned in the preceding paragraph shall be submitted to the
Ministry of Foreign Economic Relations and Trade of the People’s Republic of
China (hereinafter referred to the Ministry of Foreign Economic Relations and
Trade) for approval, except as otherwise provided by Chinese laws and
regulations.

    Article 6  Application for the establishment of a foreign-capital
enterprise shall not be approved if the proposed enterprise would involve one
of the following circumstances:

    (1) injury to China’s sovereignty or to social and public interests;

    (2) impairment of China’s national security;

    (3) violation of Chinese laws and regulations;

    (4) incompatibility with the requirements of China’s national economic
development; or

    (5) possible creation of environmental pollution.

    Article 7  A foreign-capital enterprise shall make its own managerial
decisions within the approved scope of business operations and shall not be
subject to intervention.
Chapter II  Procedures for Establishment

    Article 8  The application for the establishment of a foreign-capital
enterprise shall be submitted to the Ministry of Foreign Economic Relations and
Trade, and after examination and approval, a certificate of approval shall be
issued by the Ministry.

    With respect to the application for the establishment of a foreign-capital
enterprise that comes under one of the following circumstances, the State
Council shall authorize the people’s government of the relevant province,
autonomous region, municipality directly under the Central Government,
municipality separately listed on the state plan, or the special economic zone,
to issue the certificate of approval after examining and approving the
application:

    (1) the total amount of investment is within the limits of powers for the
examination and approval of investments stipulated by the State Council;

    (2) the proposed enterprises does not need the raw and processed materials
to be allocated by the State, or does not influence unfavourably the national
comprehensive balance of energy resources, communications and transportation,
as well as export quotas for foreign trade.

    Where the people’s government of the province, autonomous region,
municipality directly under the Central Government, municipality separately
listed on the state plan, or the special economic zone has approved the
establishment of a foreign-capital enterprise within its limits of powers
granted by the State Council, it shall, within 15 days after the approval,
submit a report to the Ministry of Foreign Economic Relations and Trade for the
record (hereinafter the Ministry of Foreign Economic Relations and Trade, and
the people’s government of the province, autonomous region, municipality,
directly under the Central Government, municipality separately listed on the
state plan, and the special economic zone shall be called generally as the
examining and approving organ).

    Article 9  With respect to a foreign-capital enterprise, the establishment
of which has been applied for, if its products are subject to export licence,
export quota, or import licenee, or are under restrictions by the State, prior
consent of the department of foreign economic relations and trade shall be
obtained in accordance with the limits of powers for administration.

    Article 10  A foreign investor shall, prior to the filing of an application
for the establishment of a foreign-capital enterprise, submit a report to the
local people’s government at or above the county level at the place where the
proposed enterprise is to be established. The report shall include: the aim of
the establishment of the proposed enterprise; the scope and scale of business
operation; the products to be produced; the technology and equipment to be
adopted and used; the proportion of the sales of products between the domestic
market and the foreign market; the area of land to be used and the related
requirements; the conditions and quantities of water, electricity, coal, coal
gas and other forms of energy resources required; and the requirement of public
facilities.

    The local people’s government at or above the county level shall within 30
days after receiving the report submitted by the foreign investor, give a reply
in writing to the said foreign investor.

    Article 11  In case that a foreign investor wishes to establish a
foreign-capital enterprise, an application shall be submitted to the examining
and approving organ through the local people’s government at or above the
county level at the place where the enterprise is to be established, together
with the following documents.

    (1) the written application for the establishment of a foreign-capital
enterprise;

    (2) a feasibility study report;

    (3) the articles of association of the foreign-capital enterprise;

    (4) the name-list of the legal representatives (or the candidates for
members of the board of directors) of the foreign-capital enterprise;

    (5) the legal certifying documents and the credit position certifying
documents of the foreign investor;

    (6) the written reply given by the people’s government at or above the
county level at the place, where the enterprise is to be established;

    (7) an inventory of goods and materials needed to be imported;

    (8) other documents that are required to be submitted.

    The documents mentioned in Items(1) and (3) in the preceding paragraph must
be written in the Chinese language; while the documents mentioned in Items
(2), (4) and (5) in the preceding paragraph may be written in a foreign
language, but a corresponding Chinese translation shall be attached.

    In the event that two or more foreign investors jointly file an application
for the establishment of a foreign-capital enterprise, they shall submit a
duplicate of the contract concluded and signed between them to the examining
and approving organ for the record.

    Article 12  The examining and approving organ shall, within 90 days after
receiving all the required documents with respect to an application for the
establishment of foreign-capital enterprise, make a decision whether to approve
or disapprove the application. In the event that the examining and approving
organ has found that the documents mentioned above are not complete, or that
some of them are inappropriate, it may call on the applicant to make up the
incomplete documents, or to make necessary revisions, within a prescribed time
limit.

    Artricle 13  After the approval of the application for the establishment of a foreign-capital
enterprise by the examining and approving organ, the foreign
investor shall, within 30 days after receiving the certificate of approval,
file an application with the relevant administrative department for industry
and commerce for registration, and obtain a business licence. The date on which
the business licence is issued shall be the date of the establishment of the
said enterprise.

    In the event that the foreign investor fails to file an application with
the administrative department for industry and commerce for registration on the
expiration of the 30 days after receiving the certificate of approval, the
certificate of approval for the establishment of the proposed enterprise shall
become invalid automatically,

    A foreign-capital enterprise shall, within 30 days after its establishment,
go through the procedures for taxation registration with the tax authorities.

    Article 14  Foreign investors may appoint a Chinese service agency for
enterprises with foreign investment or other economic organizations to handle,
on their behalf, the affairs stipulated in Article 9, the first paragraph of
Article 10 and Article 11 of these Rules, but a contract of entrustment shall
be concluded and signed between them.

    Article 15  The written application for the establishment of a
foreign-capital enterprise shall include the following contents:

    (1) the name or designation, the residence and the place of registration of the foreign investor, and the
name, nationality, and position of the legal
representative;

    (2) the name and residence of the foreign-capital enterprise;

    (3) the scope of business operations, the varieties of products, and the
scale of production;

    (4) the total amount of investment, the registered capital, the source of
funds, and the method of investment contribution and the operation period;

    (5) the organizational form and organs, and the legal representative of the
foreign-capital enterprise;

    (6) the primary production equipment to be used and the degrees of
depreciation, production technology, technological level and their sources;

    (7) the sales orientation and areas, the sales channels and methods, and
the sales proportion between China’s market and foreign markets;

    (8) the arrangements for the revenues and expenditures in foreign exchange;

    (9) the arrangements for the establishment of relevant organs and the
authorized size of working personnel, the engagement and use of workers and
staff members, their training, salaries and wages, material benefits,
insurance, and labour protection;

    (10) the degrees of probable environmental pollution and the measures for
tackling pollution;

    (11) the selection of sites and the area of land to be used;

    (12) the funds, energy resources, raw and processed materials needed in
capital construction and in production and business operations and the
solutions thereof;

    (13) the progress plan for the construction of the project; and

    (14) the period of business operations of the foreign-capital enterprise to
be established.

    Article 16  The articles of association of a foreign-capital enterprise
shall include the following contents:

    (1) the name and the residence;

    (2) the aim and the scope of business operations;

    (3) the total amount of investments, the registered capital, and the time
limit for contributing investment;

    (4) the form of organization;

    (5) the internal organizational structures and their functions and powers
as well as their rules of procedures; the functions, duties and limits of
powers of the legal representative as well as of the general manager, chief
engineer, chief accountant and other staff members;

    (6) the principles and system of financial affairs, accounting and
auditing;

    (7) labour administration;

    (8) the term of business operations, termination, and liquidation; and

    (9) the procedures for the amendment of the articles of association.

    Article 17  The articles of association of a foreign-capital enterprise
shall become effective after the approval by the examining and approving organ.
The same procedure shall apply when amendments are made.

    Article 18  The division or merge of foreign-capital enterprises, and the
significant change in capital resulting from other causes, shall be subject to
the approval by the examining and approving organ; in addition, the said
enterprises shall engage a Chinese registered acountant to carry out
verification, and to submit a report on the verification of capital; after the
approval by the examining and approving organ, the enterprises concerned shall
go through the procedures for the change of the registration with the relevant
administative department for industry and commerce.
Chapter III  Form of Organization and Registered Capital

    Article 19  The organizational form of a foreign-capital enterprise shall
be a limited liability company.

    With approval, the enterprise may also take any other liability form.

    With respect to a foreign-capital enterprise which is a limited liability
company, the liability of the foreign investor to the enterprise shall be
limited to the amount of investment subscribed and contributed to the
enterprise by the investor.

    With respect to a foreign-capital enterprise which takes any other
liability form, the liability of the foreign investor to the enterprise shall
be dealt with in accordance with the provisions of Chinese laws and regulations.

    Article 20  The total amount of investment of a foreign-capital enterprise
refers to the total amount of funds needed for the establishment of the
enterprises, i.e. the sum total of the funds invested in capital construction
in accordance with the scope of production and the circulating funds for
production.

    Article 21  The registered capital of a foreign-capital enterprise refers
to the total amount of capital registered with the administrative department
for industry and commerce for the purpose of establishing the foreign-capital
enterprise, i.e. the total amount of investment the foreign investor undertakes
to contribute.

    The registered capital of a foreign-capital enterprise shall fit in with
the enterprise’s scope of business operations; and the proportion between the
registereed capital and the total amount of investment shall conform with the
provisions of the relevant Chinese laws and regulations.

    Article 22  A foreign-capital enterprise shall not reduce the registered
capital during the term of business operations.

    Article 23  The increase or assignment of the registered capital of a
foreign-capital enterprise shall be subject to the approval by the examining
and approving organ; in addition, the said enterprise shall go through the
procedures for the change of the registration with the administrative
department for industry and commerce.

    Article 24  In case that a foreign-capital enterprise intends to mortgage
or assign its assets or rights and interests to a foreign unit, the case shall
be submitted to the examining and approving organ for approval, and then to the
administrative department for industry and commerce for the record.

    Article 25  The legal representative of a foreign-capital enterprise shall
be the person-in-charge who, in accordance with the stipulations in the
enterprise’s articles of association, executes his/her functions and powers on
behalf of the enterprise.

    In the event that the legal representative is unable to execute his/her
functions and powers, he/she shall entrust in writing an agent with the
execution of his/her functions and powers.
Chapter IV  Methods of Contributing Investment and the Time Limit

    Article 26  Foreign investors may use convertible foreign currencies for
the contribution of investment, or use as their investment machinery and
equipment, industrial property rights, and proprietary technology that are
assigned a fixed price.

    Foreign investors may, after approval by the examining and approving organ,
use, as their investment, their profits in Renminbi (RMB) earned from other
enterprises with foreign investment established within the territory of China.

    Article 27  In case that foreign investors intend to use machinery and
equipment, being assigned a fixed price, as their investment, the said
machinery and equipment must meet the following requirements:

    (1) those that are needed for the production of the foreign-capital
enterprise;

    (2) those that cannot be produced in China, or that can be produced in
China but cannot be guaranted to meet the needs in terms of technical
performance or time of supply.

    The price fixed for the aforesaid machinery and equipment shall not be
higher than the normal price for similar machinery and equipment sold on the
international market at the time.

    With respect to the machinery and equipment, being assigned a fixed price
and used as contributing investment, an inventory listing in detail the
assigning of fixed prices as contributing investment, including the names,
categories, quantities, and the assignment of prices, shall be made and
submitted to the examining and approval organ as an appendix to the application
for the establishment of the foreign-capital enterprise.

    Article 28  In case that foreign investors intend to use industrial
property rights and proprietary technology, being assigned a fixed price, as
their investment, the said industrial property rights and proprietary
technology must meet the following requirements:

    (1) owned by the foreign investors themselves;

    (2) capable of producing new products that are urgently needed by China, or
that are suitable for export and marketable abroad.

    The assigning of a fixed price for the aforesaid industrial property rights
and proprietary technology shall be in conformity with the general pricing
principles of the international market, and the amount of pricing thereof shall
not exceed 20% of the registered capital of the foreign-capital enterprise.

    With respect to those industrial property rights and proprietary
technology, being assigned a fixed price for contributing investment, a
detailed inventory of relevant data, including a duplcate of the proprietary
rights certificate, the effective condition, technological performance, the
practical value, the basis and standard for the calculation of pricing, shall
be prepared and submitted to the examining and approving organ as an appendix
to the application for the establishment of the foreign-capital enterprise.

    Article 29  When the machinery and equipment, being assigned a fixed price
and used as contributing investment, have arrived at China’s port, the
foreign-capital enterprise shall apply to China’s commodity inspection
authorities for inspection, which shall then issue an inspection report.

    In the event that the variety, quality and quantity of the machinery and
equipment, being assigned a fixed price and used as contributing investment,
are not in conformity with the variety, quality and quantity of the machinery
and equipment, being assigned a fixed price as contributing investment and
listed in the inventory submitted to the examining and approving organ, the
examining and approving organ has the power to require the foreign investors to
make corrections within a prescribed time limit.

    Article 30  After the industrial property rights and proprietary technology
priced as contributing investment have been put to use, the examining and
approving organ has the power to carry out inspection. In the event that the
said industrial property rights and proprietary technology are not in
conformity with the data originally provided by the foreign investors, the
examining and approving organ has the power to require the foreign investors to
make corrections within a prescribed time limit.

    Article 31  The time limit for a foreign investor to make the investment
contributions shall be clearly stipulated in the written application for the
establishment of the foreign-capital enterprise and also in the articles of
association of the enterprise. A foreign investor may make the investment
contribution by instalments, but the last instalment of the contribution shall
be made within the period of three years beginning from the day when the
business licenee is issued. The first instalment of investment contribution
shall not be less than 15% of the total amount of investment contribution that
the foreign investor undertakes to make, and shall be made in full within a
period of 90 days beginning from the day when the business licenee is issued.

    In the event that a foreign investor fails to make in full the first
instalment of the investment contribution within the time limit stipulated in
the preceding paragraph, the certificate of approval for the establishment of
the proposed foreign-capital enterprise shall become invalid automatically. The
foreign-capital enterprise in question shall go through the procedure for
registration cancellation with the relevant administrative department for
industry and commerce, and hand in its business licence for cancellation.

    In the event of the failure to go through the procedure for registration
cancellation and to hand in the business licence for cancellation, the
administrative department for industry and commerce shall revoke the business
licence and announce the case publicly.

    Article 32  After making the first instalment of investment contribution,
the foreign investor shall make the remaining instalments of contribution
strictly as scheduled. In the event that a foreign investor is in arrears with
the contribution for 30 days without any justification, the case shall be
handled in accordance with the provisions of paragraph 2 of Article 31 of these
Rules.

    In the event that a foreign investor has proper reasons for requesting the
postponement of investment contribution, prior consent of the examining and
approving organ shall be obtained, and the case shall also be reported to the
administrative department for industry and commerce for the record.

    Article 33  After the foreign investor’s each instalment of investment
contribution, the foreign-capital enterprise shall engage a Chinese registered
accountant to carry out verification, and to prepare a report on the
verification of capital, which shall be submitted to the examining and
approving organ and the administrative department for industry and commerce for
the record.
Chapter V  Use of Site and the Site Use Fees

    Article 34  With espect to the site to be used by a foreign-capital
enterprise, the local people’s government at or above the county level in the
place where the enterprise is to be located, shall make arrangements after
examination and verification in the light of the local conditions.

    Article 35  A foreign-capital enterprise shall, within 30 days from the day
the business licence is issued, go through the procedure for the use of land
and obtain the land certificate by presenting the certificate of approval and
the business licence to the land administration department under the local
people’s government at or above the county level in the place where the
enterprise is to be located.

    Article 36  The land certificate shall be the legal instrument for the
foreign-capital enterprise to use land. The foreign-capital enterprise within
its term of operations, may not assign its land-use right without permission.

    Article 37  A foreign-capital enterprise shall, when obtaining the land
certificate, pay its land use fee to the land administrative department in the
place where the enterprise is located.

    Article 38  In case that a foreign-capital enterprise uses land that has
already been developed, it shall pay the land development fee.

    The land development fee, as mentioned in the preceding paragraph, includes
the expense for the requisition of land, the expense for the pulling down of
houses and the settlement allowance, and the expense for the

PROTECTION OF DISABLED PERSONS LAW

Law of the People’s Republic of China on the Protection of Disabled Persons

(Adopted at the 17th Meeting of the Standing Committee of the Seventh National People’s Congress on December 28,
1990 and promulgated by Order No.36 of the President of the People’s Republic of China on December 28, 1990)     

Contents    

Chapter I      General Provisions  

Chapter II     Rehabilitation   

Chapter III    Education  

Chapter IV     Employment  

Chapter V      Cultural Life  

Chapter VI     Welfare  

Chapter VII    Environment  

Chapter VIII   Legal Liabilities 

Chapter IX     Supplementary Provisions     

Chapter I 

General Provisions 

Article 1   This Law is formulated in accordance with the Constitution for the purposes of protecting the lawful rights
and interests of, and developing  undertakings for, disabled persons, and ensuring their equal and full participation in social
life and their share of the material and cultural wealth of the society.  

Article 2   A disabled person refers to one who suffers from abnormalities or loss of a certain organ or function, psychologically
or physiologically,  or in anatomical structure and who has lost  wholly or  in part the ability to engage in activities
in a normal way.  

“Disabled persons” refers to those with visual, hearing, speech or physical disabilities, mental retardation, mental disorder, multiple
disabilities and/or other disabilities.  

The criteria for classification of disabilities shall be established by the State Council.  

Article 3   Disabled persons shall enjoy equal rights with other citizens in political, economic. cultural and social fields,
in family life and other aspects.  

The citizen’s rights and personal dignity of disabled persons shall be protected by law.  

Discrimination against, insult of and infringement upon disabled persons shall be prohibited.  

Article 4   The State shall provide disabled persons with special assistance by adopting supplementary methods and supportive
measures with a view to alleviating or eliminating the effects of their disabilities and external barriers and ensuring the realization
of their rights.  

Article 5   The State and society shall provide special assurance, treatment and pension to wounded or disabled servicemen
and persons disabled while on duty or for protecting the interests of the State and people.  

Article 6   The people’s governments at all levels shall incorporate undertakings for disabled persons into plans for economic
and social development through budget arrangement, overall planning and coordination and other measures under  strengthened
leadership with  a view to ensuring that  undertakings for disabled persons develop in coordination with economic and social
progress.  

The State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
shall adopt organizational measures to coordinate departments concerned in the work for the disabled. The establishment of specific
institutions shall be decided upon by the State Council and/or the people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government.  

Departments concerned under the people’s governments at various levels shall keep in close contact with disabled persons, solicit
their opinions and fulfil their respective duties in the work for disabled persons.  

Article 7   The whole society should display socialist humanitarianism, understand, respect, care for and assist people
with disabilities and support the work for disabled persons.  

State organs, public organizations, enterprises, institutions and urban and rural organizations at grassroots level shall do their
work for the disabled well, as is within their responsibility.  

State functionaries and other personnel engaged in the work for the disabled should work hard to fulfil their lofty duties in serving
the disabled.  

Article 8   The China Disabled Persons’ Federation (CDPF) and its local branches shall represent the common interests of
disabled persons, protect their lawful rights and interests, unite, educate and provide service to disabled persons.  

Disabled persons’ federations shall undertake tasks entrusted by the government, conduct work for disabled persons and mobilize social
forces in developing  undertakings for disabled persons.  

Article 9   Legal fosterers of disabled persons must fulfil their duties toward their charge.  

Guardians of disabled persons must fulfil their duties of guardianship and protect the lawful rights and interests of their charge.
 

Family members and guardians of disabled persons should encourage and assist disabled persons to enhance their capability of self-reliance.
 

Maltreatment and abandoning of disabled persons shall be prohibited. 

Article 10   Disabled persons must abide by laws, carry out their due obligations, observe public order and respect social
morality.  

Disabled persons should display an optimistic and enterprising spirit, have a sense of self-respect, self-confidence, self-exertion
and self-reliance, and make contributions to the socialist construction.  

Article 11   The State shall undertake, in a planned way, the work  of disability prevention, strengthen leadership
in this regard, publicize and popularize knowledge of eugenics and disability prevention,  formulate laws and regulations 
dealing with disability-causing factors such as heredity, diseases, medical poisoning, accidents, calamity and environmental pollution 
and adopt measures to prevent the occurrence and aggravation of disabilities by organizing and mobilizing social forces.  

Article 12   Governments and departments concerned shall award those disabled persons who make notable achievements in
socialist construction and those units or individuals who make remarkable contributions to safeguarding the lawful rights and interests
of, promoting undertakings for, and providing service to, disabled persons.  

     

Chapter  II 

Rehabilitation 

Article 13  The State and society shall adopt measures of rehabilitation to help disabled persons regain normal functions or
compensate for lost functions, thus enhancing their ability to participate in social life.  

Article 14  The work of rehabilitation shall, proceeding from the actual conditions, combine modern rehabilitation techniques
with traditional Chinese techniques, with rehabilitation institutions at the core and the community as the base and relying on the
families of disabled persons for support. Emphasis shall be laid on rehabilitation projects which are practical, easy to realize
and widely beneficial. Efforts shall also be made in the research, exploration and application of new rehabilitation technology so
as to provide more effective rehabilitation service to disabled persons.  

Article 15  The  governments and departments concerned should  establish in a planned way medical rehabilitation departments
(sections) in hospitals, set up appropriate special institutions of rehabilitation and carry out clinical practice and training,
scientific research, personnel training and work of technical guidance in the field of rehabilitation.  

The people’s governments and departments concerned at various levels shall organize and guide urban and rural community service networks,
medical prevention and health care networks, organizations and families of disabled persons and other social forces in carrying out
community-based rehabilitation work.  

Departments of education, welfare enterprises and institutions and other service organizations for disabled persons shall create
conditions for rehabilitation training activities.  

Disabled persons, with guidance from professional personnel and help from relevant staff, volunteers and family members, should 
actively take part in training programmes for functional recovery, and acquiring self-care ability  and  work skills.  

The State Council and departments concerned shall determine priority rehabilitation projects in different phases, formulate plans
thereof  and organize forces for their implementation.  

Article 16  Medical colleges and schools and other relevant educational institutes shall, in a planned way, offer courses and
specialties on rehabilitation so as to train various kinds of special personnel for rehabilitation work.  

The State and society shall provide various forms of technical training for personnel engaged in rehabilitation work, popularize
knowledge of rehabilitation among disabled persons, their family members, relevant staff and volunteers and teach them methods of
rehabilitation.  

Article 17  Governmental  departments concerned shall organize and support the research, production, supply and maintenance
of rehabilitation appliances, equipment for self-service, special articles and other auxiliary facilities for disabled persons.  
 

Chapter  III 

Education 

Article 18  The State shall guarantee the right of disabled persons to education.  

People’s governments at various levels shall make education of disabled persons a component of the State educational programme, strengthen
leadership in this respect and include it in their overall planning.  

The State, society, schools and families shall provide compulsory education to disabled children and juveniles.  

The State shall exempt disabled students who accept compulsory education from tuition and reduce fees or exempt them from fees in
the light of actual conditions. The State shall offer grants to aid students who are poor and disabled.  

Article 19  The education of disabled persons shall be  carried out according to  their physical and psychological
features and needs  and shall meet the following requirements:  

(1) Strengthen physical and psychological compensation and vocational and technical training while providing ideological and cultural
education;  

(2) Adopt normal or special methods of education according to different categories of disability and varied abilities of response;
and  

(3) The curricula, teaching materials and methods  for special education  and the age requirement for admission and schooling
may be determined with appropriate flexibility.  

Article 20  The principle of combining popularization with upgrading of quality  shall be implemented in education of disabled
persons, with emphasis on the former. Priority shall be given to compulsory education and vocational and technical education while
efforts shall be made to  carry out preschool education and gradually develop education at and above the senior middle school
level.  

Article 21  The State shall set up educational institutions for disabled persons and encourage social forces to run schools
and donate funds for schools.  

Article 22  Ordinary educational institutions shall provide education to disabled persons who are able to respond to ordinary
education.  

Ordinary primary schools and junior middle schools must admit disabled children or juveniles who are able to adapt themselves to
life and study there; ordinary senior middle schools, secondary polytechnic schools, technical schools and institutions of higher
learning  must admit disabled students who meet the state admission requirements  and shall not deny their admission for
their disabilities; in case of such denial, the disabled student, his/her family members or guardian may appeal to the relevant authorities
for disposition. The relevant authorities shall instruct the  school concerned to accept the student.  

Ordinary institutions of preschool education shall admit disabled children who are able to adapt themselves to the life there.  

Article 23  Preschool education institutions for the disabled, classes for disabled children attached to ordinary preschool
education institutions, preschool classes of special education schools, welfare institutions for disabled children and families of
disabled children shall be responsible for preschool education of disabled children.  

Special schools at or below junior middle school level and special classes attached to ordinary schools shall be responsible for
the implementation of compulsory education for disabled children and juveniles who are not able to respond to ordinary education.
 

Special schools and special classes attached to ordinary schools at or above senior middle  school level as well as institutions
of vocational and technical education for disabled persons shall be responsible for providing cultural education at or above senior
middle school level and vocational and technical education for eligible disabled persons.  

Article 24  Governmental departments concerned, units where disable persons work and society shall carry out anti-illiteracy
education, vocational training and other forms of adult education for disabled persons and encourage them to tap their talents through
self-studies.  

Article 25  The State shall systematically set up various forms of normal schools and specialties for special education at different
levels  and special education classes (departments) attached to ordinary normal schools to educate and train teaching staff
for special education. Ordinary normal schools shall offer courses or lectures on special education so that teachers in ordinary
education may  have some necessary knowledge of special education.   

Teachers of special education and sign language interpreters shall enjoy allowances for special education.  

Article 26  Governmental departments concerned shall organize and support the research and application of braille and sign language,
the compilation, writing and publication of  special education teaching materials and the research, production and supply of
teaching apparatus and other auxiliary facilities for special education.    

Chapter  IV 

Employment 

Article 27  The State shall guarantee disabled persons’  right to work.  

People’s governments at various levels shall formulate overall plans for employment of disabled persons and create conditions for
their employment.  

Article 28  Employment of disabled persons shall follow the principle of combining collective arrangement with individual arrangement.
Preferential policies and measures of support and protection shall be adopted with a view to  gradually popularizing, stabilizing
and rationalizing employment of disabled persons through multiple channels, at various levels and in a variety of forms.  

Article 29  The State and society shall set up welfare enterprises for disabled persons, workers sanatoria, massage therapy
centres and other enterprises and institutions of welfare nature as a way of providing concentrated  employment for disabled
persons.  

Article 30  The State shall promote the employment of  disabled persons by various units. People’s governments at all levels
and departments concerned shall organize and provide guidance in this regard. State organs, public organizations, enterprises, institutions
and urban and rural collective economic organizations shall employ  a certain proportion of disabled persons in appropriate
types of jobs and posts. The specific ratio may be determined by the people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government in line with their actual conditions.  

Article 31  Governmental departments concerned shall encourage and assist disabled persons to find employment through voluntary
organization or to open individual business.  

Article 32  Local people’s governments at various levels and rural grassroots organizations shall organize and support disabled
persons in rural areas to engage in crop planting, animal breeding, handicraft industry and other forms of production.  

Article 33  The State shall implement the policy of tax reduction or exemption in relation to welfare enterprises and institutions
for disabled persons and self-employed disabled workers in urban and rural areas, and provide assistance in production, management,
technology, funds, materials supply, working sites and other fields.  

Local people’s governments and departments concerned shall determine the types of products suitable for production by disabled persons,
give priority to the production of such products by welfare enterprises for disabled persons and gradually determine which products
are to be produced exclusively by such enterprises.  

Governmental departments concerned shall, in determining the quota for employing and engaging workers and staff members, allot a
certain proportion of the quota to disabled persons.  

Departments concerned shall, in verifying and issuing business licenses, give priority to disabled persons who apply for licenses
as self-employed workers or businessmen and give them preferential treatment in  allotting work sites and loans  and in
other ways.  

Departments concerned shall provide assistance to disabled persons engaged in various kinds of labour in rural areas by way of production
services, technical guidance, supply of materials for agricultural use, collection and purchase of farm and sideline products and
loans.  

Article 34  The State shall protect the property ownership and the managerial decision-making power of welfare enterprises and
institutions for disabled persons, whose lawful rights and interests shall not be violated.  

No discrimination shall be practised against disabled persons in employment, engagement, status regularization, promotion, determining
technical or professional post_titles, payment for labour, welfare, labour insurance or in other aspects.  

No enterprises or institutions shall deny disabled graduates assigned by the State from institutions of higher learning, polytechnic
schools or technical schools solely on the ground of their disabilities; in case of such denial, the disabled graduates may appeal
to departments concerned for disposition and the relevant departments shall instruct the  enterprises or institutions concerned
to accept the said graduate students.  

Enterprises and institutions where disabled persons work shall provide the disabled workers with appropriate working conditions and
labour protection.  

Article 35  Enterprises and institutions where disabled persons work shall provide in-service  technical training to disabled
employees with a view to upgrading their skills and techniques.    

Chapter V 

Cultural Life 

Article 36  The State and society shall encourage and assist disabled persons to participate in various cultural, sports and
recreative activities and strive to meet the needs of the spiritual and cultural life of disabled persons.       

Article 37  Cultural, sports and recreative activities for disabled persons should be directed at grassroots levels, integrated
in public cultural life and geared to the different characteristics and needs  of different categories of disabled persons with
a view to bringing about extensive participation.  

Article 38  The State and society shall adopt the following measures to enrich the spiritual and cultural life of disabled persons:
 

(1) Reflect the life of disabled persons through radio, film, television, press and periodicals, books and other media in the interests
of disabled persons.  

(2) Organize and support the compilation, writing and publication of braille books, audio materials for the blind and reading materials
for the deaf and mentally retarded; offer TV programmes in sign language and put in subpost_titles or narrations in some movies and TV
programmes.  

(3) Organize and support disabled persons for mass cultural, sports and recreative activities, and in staging special art performances,
holding special sports meets and participating in major international sports games and exchanges; and  

(4) Provide facilities and accommodations for disabled persons at places of cultural, sports, recreative and other public activities
and set up in a planned way activity centres for disabled persons.  

Article 39  The State and society shall encourage and assist disabled persons to engage in creative work beneficial to the people,
such as in literature, art, education, science and technology.    

Chapter VI 

Welfare 

Article 40  The State and society shall adopt supportive, relief and other welfare measures to secure and improve the life of
disabled persons.  

Article 41  The State and society shall provide relief and subsidies through various channels to disabled persons with real
financial difficulties.  

The State and society shall foster and provide relief, in accordance with relevant regulations, to disabled persons without work
capabilities, or legal fosterer, or financial resource.  

Article 42  Units where disabled persons work, urban and rural grassroots organizations and families of disabled persons should
encourage and assist disabled persons to join social insurance.  

Article 43  People’s governments at various levels and the society shall establish welfare centres and other placement and foster
institutions, settle and foster disabled persons in accordance with relevant regulations and gradually improve their living standards.
 

Article 44  Agencies of public services shall provide preferential and auxiliary services to disabled persons.  

In taking public transport vehicles, disabled persons  shall be given convenience and special consideration; they shall be permitted
to carry on board their  indispensable and auxiliary facilities free of charge.  

Blind persons may take local buses, trolleybuses, subways and ferries free of charge. Mailing and delivery of braille books shall
be free of charge.   

People’s governments at county and township levels shall, in line with the actual conditions, reduce or exempt disabled persons in
rural areas from obligatory labour, public utilities fees and other social obligations.  

People’s governments at various levels shall step by step increase their care and support for the disabled.     

Chapter  VII 

Environment 

Article 45  The State and society shall step by step create a sound  environment to improve the conditions for disabled
persons to participate in  social life.  

Article 46  The State and society shall gradually regularize the design of urban roads and buildings to the convenience of disabled
persons and adopt barrier-free measures.  

Article 47  The State and society shall promote mutual understanding and exchanges between disabled persons and their fellow-citizens,
publicize undertakings for disabled persons and deeds of assisting disabled persons, promulgate the unyielding spirit of disabled
persons and foster a social environment of unity, fraternity and mutual assistance.  

Article 48  The third Sunday of May each year is the National Day of Assisting Disabled Persons.    

Chapter  VIII 

Legal Liabilities 

Article 49   Where the lawful rights and interests of disabled persons are violated, the offended persons or their agents
shall have the right to appeal to the competent authorities for disposition, or institute lawsuits at people’s courts in accordance
with law.  

Article 50   Where government functionaries neglect their duties, in violation of law, and infringe upon the lawful rights
and interests of disabled persons, the units to which they belong  or their higher authorities shall instruct such persons to
correct their wrong doings or subject them to administrative sanctions.  

Article 51   Whoever infringes upon the lawful rights and interests of a disabled person and causes property or other losses
or damage shall compensate for the losses or damage according to law or bear other civil liabilities. 

Article 52  Whoever infringes upon the right of person or other lawful rights of disabled persons by taking advantage of their
disabilities and constitutes a crime shall be given a heavier punishment in accordance with the relevant provisions of the Criminal
Law.  

Whoever, by violence or other means, publicly insults disabled persons, shall, if the circumstances are serious, be investigated
for criminal responsibility in accordance with the provisions of Article 145 of the Criminal Law, and, if the circumstances are less
serious, be subject to punishment in accordance with the provisions of Article 22 of the Regulations on Administrative Penalties
for Public Security.  

Whoever maltreats disabled persons shall be punished in accordance with the provisions of Article 22 of the Regulations on Administrative
Penalties for Public Security; and, if the circumstances are flagrant, he shall be investigated for criminal responsibility in accordance
with the provisions of Article 182 of the Criminal Law.  

Whoever refuses to perform his  duty of fostering a disabled person who is unable to live independently, shall, if the circumstances
are flagrant, or if he abandons such a disabled person, be investigated for criminal responsibility in accordance with the provisions
of Article 183 of the Criminal Law.  

Whoever has illicit sexual relations with a disabled person who is unable to account for her own conduct due to mental retardation
or mental disorder shall be deemed to have  committed rape and shall be investigated for criminal responsibility in accordance
with the provisions of Article 139 of the Criminal Law.     

Chapter IX 

Supplementary Provisions 

Article 53  Departments concerned under the State Council shall formulate relevant regulations in accordance with this Law and
submit them to the State Council for approval before implementation.  

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

Article 54  This Law shall enter into force as of May 15, 1991.

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






CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING PORT SUPPLY TO FOREIGN AND CHINESE OCEANGOING VESSELS

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-01-08 Effective Date  1992-01-08  


Circular of the General Office of the State Council Concerning Port Supply to Foreign and Chinese Oceangoing Vessels



(January 8, 1992)

    With the rapid development of China’s economy and foreign trade, the
amount of foreign and Chinese oceangoing vessels entering and leaving our
ports increases with each passing day, which makes the port supply of ship’s
materials and provisions an ever heavier burden. The State Council has paid a
considerable attention to this work, and has formulated explicit regulations
in this regard. However, problems of price confusion, loss of foreign exchange
and violations of the law and discipline have arisen time and again in the
work of port supply owing to the meddling of different quarters in this
service during recent years. With a view to further improving port supply, it
is hereby noticed with the consent of the State Council as follows:

    1. Ports are windows of China’s opening  to  the outside world. It is of
great economic and political significance to do well the work of ship’s supply
and receiption of foreign and Chinese seamen. For this reason, the people’s
governments of the localities where the ports are situated and the relevant
departments of the State Council shall, proceeding from the general situation,
accomplish this work satisfactorily in harmonious cooperation through earnest
efforts.

    2. The supply of the materials required by Chinese and foreign vessels is
a foreignrelated task, which shall be properly centralized. Except the foreign
ships supply companies of the commercial system (hereinafter referred to as
the foreign ships supply companies) and the supply stations (companies) of the
China Ocean Shipping Company, none of the non-designated supply units
(including port labour services) and individuals may engage in the service of
supplying materials and provisions for Chinese and foreign ships.

    3. After several decades’ build-up, the foreign ships supply companies
have laid a good foundation of manpower and material resources and accumulated
much experience in the work of supply. In future, the foreign ships supply
companies shall still function as the principal channel in supplying the
materials needed by Chinese and foreign ships at ports. In the meantime, the
foreign ships supply companies shall further improve their operation and
management, constantly raise their efficiency and enhance the quality of their
service so as to make the supply work better cater to the needs of the opening
to the outside world and the development of ocean shipping.

    4. The China Ocean Shipping Company’s businesses of supplying materials
and provisions at the ports of Guangzhou, Shanghai, Tianjin, Qingdao and
Dalian, and forwarding the same to the China Ocean Shipping Company ships in
long service overseas is beneficial to the strengthening of the enterprise’s
own management and the raising of its economic benefits. The China Ocean
Shipping Company may continue to supply materials and provisions at the five
major ports and forward the same to its ships abroad, but this shall be
confined to the China Ocean Shipping Company’s vessels. As to whether the
provisions supply service shall cover Lianyungang, Zhanjiang, Qinhuangdao and
other ports shall be determined by the State Planning Commission through
consultation with the departments concerned in light of the development of the
China Ocean Shipping Company’s fleet.

    5. The foreign ships supply companies and supply stations (companies)
under China Ocean Shipping Company shall implement conscientiously the rules
and regulations of the State governing commodity prices,  tax revenue and
foreignexchange control,  and enhance mutual support and cooperation in their
business so as to accomplish jointly the task of supplying ships at ports. The
China Ocean Shipping Agency (PENAVICO) shall, in accordance with the relevant
provisions, render conscientious and enthusiastic services to the ships
engaged in international marine transport at ports.

    6. The people’s governments in the localities where the ports are situated
shall instruct the departments concerned to formulate corresponding
port-management measures to tackle the problems existing in the material
supply in the port areas comprehensively. The control on ships operating at
ports as well as men and vehicles entering the ports shall be strengthened,
and illegal activities such as black-marketing of foreign exchange,
prostitution, whore-visiting and unlawful business operations shall be
resolutely combated and banned. Anyone that has violated the criminal laws
shall be handed over to the judicial organs for punishment.





MEASURES OF THE CUSTOMS OFFICE CONCERNING ADMINISTRATION OF GOODS, MEANS OF TRANSPORT, ARTICLES CARRIED BY INDIVIDUALS AND POSTAL ARTICLES LEAVING OR ENTERING THE YANGPU ECONOMIC DEVELOPMENT ZONE OF HAINAN PROVINCE

Category  CUSTOMS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-07-27 Effective Date  1992-07-27  


Measures of the Customs Office of the People’s Republic of China Concerning Administration of Goods, Means of Transport, Articles
Carried by Individuals and Postal Articles Leaving or Entering the Yangpu Economic Development Zone of Hainan Province

Chapter I  General Provisions
Chapter II  Administration of Import and Export Goods and
Chapter III  Administration of Goods Coming and Going between
Chapter IV  Administration of Means of Transport Entering or
Chapter V  Administration of Articles Carried by Individuals
Chapter VI  Supplementary Provisions

(Approved by the State Council on July 7, 1992, promulgated

by Decree No.32 of the General Administration of Customs on
July 27, 1992)
Chapter I  General Provisions

    Article 1  These Measures are formulated in accordance with
the Customs Law of the People’s Republic of China and the
provisions of other relevant laws and regulations promulgated by
the state in order to promote the construction in Yangpu Economic
Development Zone (hereinafter referred to as the Development
Zone) and develop the export-oriented economy.

    Article 2  The Development Zone is under the supervision and
administration of Customs, and Customs shall carry out the tasks
of supervision and administration in the Development Zone in
accordance with the law. A closed and separate installation shall
be established between the Development Zone and non-development
areas (i.e. other areas within the territory of China, the same
below).

    Article 3  Enterprises in the Development Zone shall present
valid certificates issued by the administrative department in the
Development Zone to Customs for registration.

    Article 4  Goods, means of transport, articles carried by
individuals and postal articles which enter or leave the
Development Zone must go through the channel designated by
Customs. The consignee and consignor of the goods, the owner of
the articles, the person in charge of the means of transport and
their agents shall make truthful declarations to Customs, fill in
the declaration form for import and export commodities in
accordance with provisions, present the relevant documents and
agree to inspections by Customs.

    Article 5  Goods imported by the Development Zone shall be
used only in the Development Zone; these goods are strictly
forbidden to be transferred or sold to non-development areas
without approval. Products produced in the Development Zone are
in principle for export.

    Article 6  Goods and articles for which import or export is
forbidden by the state shall not be brought into or out of the
Development Zone.

    Article 7  Enterprises in the Development Zone shall, in
accordance with the provisions of relevant laws and regulations,
establish accounting headings, account books and report forms,
and shall fill in the report forms regularly and submit them to
Customs for examination and verification.

    Article 8  Customs is enpost_titled to inspect, in accordance with
the provisions of Customs Law of the People’s Republic of China,
the persons, the means of transport, and relevant locations in
the Development Zone, who or which are suspected of being
involved in smuggling.
Chapter II  Administration of Import and Export Goods and
Preferential Treatment in Taxation

    Article 9  Import or export licenses shall not be required
for the following cases: the importation into the Development
Zone of machinery, equipment, goods and materials for capital
construction, motor vehicles for production, means of transport,
and articles for office use which are to be used within the
Development Zone; importation into the Development Zone of raw
and processed materials, spare and component parts, primary
parts, fuels, and packaging supplies needed for processing export
products in the Development Zone; transit goods; the importation
into the Development Zone of consumption goods and materials to
be sold in markets within the Development Zone; and products
processed in the Development Zone and destined for export.

    Article 10  Customs duty and consolidated industrial and
commercial taxes (product taxes or value-added taxes) on import
and export goods of the Development Zone shall be handled in
accordance with the following provisions:

    (1) The machinery, equipment and goods and materials for
capital construction needed to be imported for the construction
of infrastructure in the Development Zone shall be exempted from
duty;

    (2) The construction and repair materials, production and
administration equipment, fuels necessary for production and
operation, a reasonable number of motor vehicles necessary for
production, other means of transport, articles for office use and
spare parts and fittings needed for the maintenance of the
aforesaid machinery, equipment and motor vehicles which are
imported by enterprises in the Development Zone for their own use
shall be exempted from duty;

    (3) A reasonable quantity of means of transport, articles for
office use and equipment for administration imported by
administrative departments or institutions in the Development
Zone for their own use shall be handled in accordance with the
provisions of Item 2 of this Article;

    (4) Imported goods and materials covered in Items 1, 2 and 3
which are necessary for the operation of transportation,
communications, real estate, commercial business, catering trades
and other service trades in the Development Zone shall be
exempted from duty;

    (5) Goods imported within the specified quotas and variety by
state-operated duty-free stores established with the approval of
the competent authority of the state shall be exempted from duty;

    (6) Transit goods, raw and processed materials, spare and
components parts, primary parts and packaging supplies imported
by enterprises in the Development Zone for production of export
products shall be held in bond;

    (7) Consumption goods and materials imported by the
Development Zone for supply to markets in the Zone shall be
allowed a 50 percent reduction of duty, excepting imported
tobacco and liquor, which shall be subject full duty; and

    (8) The exportation of products produced in the Development
Zone shall be exempt from export duty.

    Article 11  Goods for entrepot trade in the Development Zone
shall be stored in warehouses or sites designated by Customs and
shall be subject to the supervision and administration of
Customs. Transit goods, with the approval of Customs, may undergo
simple processing in warehouses, such as grading, selecting,
pasting labels and changing packaging.
Chapter III  Administration of Goods Coming and Going between
the Development Zone and Non-Development Areas

    Article 12  Goods coming and going between the Development
Zone and non-development areas shall be treated as imported and
exported goods that shall be declared at Customs by the consignee
or consignor and be subject to the inspection of Customs.

    Article 13  The building materials, construction machinery
and consumption goods for daily use supplied to the Development
Zone by non-development areas shall, upon entering the
Development Zone, be examined and approved by Customs and be
subject to the supervision and administration of Customs.

    Article 14  Where any products produced in the Development
Zone are to be sold to non-development areas, or any goods
imported by the Development Zone are to be transported to non-
development areas, approval from Customs shall be obtained and
the specified approval certificates shall be presented to Customs
for examination. Customs shall go through formalities in
accordance with relevant provisions.

    Article 15  If any materials or components imported by
enterprises in the Development Zone are to be transported to non-
development areas for processing for export-oriented finished
products, approval from Customs shall be obtained.

    If any enterprises in non-development areas wish to transport
materials or components to the Development Zone for processing by
enterprises therein, they shall go through the appropriate
Customs procedures. If there is a need to use or expend the
imported materials or components of enterprises in the
Development Zone, it shall be submitted to Customs for approval.
If the said imported materials or components are to be
transported from the Development Zone, relevant import
formalities shall be completed.

    Article 16  Finished products produced or assembled by
enterprises in the Development Zone with duty-free imported raw
or processed materials, spare and component parts or primary
parts may be allowed a 50 percent reduction of duties if they are
to be sold within the Development Zone; where said products are
approved for transport to non-development areas, duties shall be
either exempted or levied by Customs in accordance with relevant
provisions. In the event that the consignors or their agents
cannot submit an accurate report on the names, quantities and
values of the imported materials or components contained in the
products composed of imported materials, Customs shall consider
the products as imported and levy duties as such.

    Article 17  Goods imported and exported by non-development
areas via the Development Zone shall be subject to the
supervision and administration of Customs. They shall be
administered in accordance with Customs’ provisions concerning
the transport of goods from one place with a Customs
establishment to another, and shall go through the Development
Zone by a designated route within a period specified by Customs.
Chapter IV  Administration of Means of Transport Entering or
Leaving the Development Zone

    Article 18  Inward and outward means of transport of the
Development Zone shall be declared at Customs by the owners of
the means of transport or by their agents, and shall be subject
to the supervision, administration and inspection of Customs.

    Article 19  Means of transport running between the
Development Zone and non-development areas shall go through the
registration procedures with the approval certification issued by
the people’s government of Hainan province or other designated
competent authorities. Means of transport entering or leaving the
Development Zone shall be declared at Customs and be subject to
the inspection of Customs.
Chapter V  Administration of Articles Carried by Individuals
and Articles Sent by Post

    Article 20  Inward and outward articles carried by
individuals and inward and outward articles sent by post shall be
declared at Customs, and Customs shall, after examination and
inspection, give customs clearance according to relevant
provisions, except for those articles for which entry or exit is
forbidden by the state.

    Article 21  Articles carried along by individuals leaving the
Development Zone for non-development areas shall be declared at
Customs, and be subject to the inspection of Customs. Customs shall
act in accordance with the measures for the supervision and
administration of luggage and articles carried by travelers
entering or leaving the country.

    Articles posted by individuals from the Development Zone to
non-development areas shall be handled by Customs acting in
accordance with the measures for the supervision and
administration of postal articles entering or leaving the country.
Articles for which import is restricted by the state may not be
posted from the Development Zone to other areas.
Chapter VI  Supplementary Provisions

    Article 22  Supervision charges for bonded goods or goods for
which customs duties have been reduced or exempted that have been
imported into the Development Zone shall be handled in accordance
with the Measures of the Customs of the People’s Republic of
China Concerning the Collection of Customs Supervision Charges
for Bonded Goods or Goods for Which Customs Duties Have Been
Reduced or Exempted.

    Article 23  Smuggling and other violations of Customs’
provisions shall be dealt with by Customs in accordance with
provisions of the Customs Law of the People’s Republic of China
and other relevant laws and regulations. Those in violation of
the Criminal Law shall be referred to judicial organs for
investigation of criminal responsibility.

    Article 24  Related matters which are not covered in these
Measures shall be handled in accordance with the relevant
existing provisions of Customs for the Hainan Special Economic Zone.

    Article 25  The date of implementation of these Measures shall
be determined by the General Administration of Customs after the
separate installations for the Development Zone have passed
inspection by Customs.

    Article 26  The Customs of Haikou shall formulate its
implementation rules according to these Measures and implement
the rules after they have been submitted to and approved by the
General Administration of Customs.

    Article 27  The General Administration of Customs shall be
responsible for interpreting these Measures.





REGULATIONS FOR THE IMPLEMENTATION OF INTERNATIONAL COPYRIGHT TREATIES

Regulations for the Implementation of International CopyrightTreaties

     (Promulgated on September 25, 1992)

Whole Doc.

   Article 1

These Regulations are formulated in order to implement international

copyright treaties and to protect the lawful rights and interests of owners of copyrights in foreign works.

   Article 2

The protection of foreign works shall be governed by the PRC

Copyright Law (the Copyright Law), the PRC Copyright Law Implementing Rules, the Computer Software Protection Regulations
and these Regulations.

   Article 3

The term “international copyright treaties” as used in these

Regulations shall refer to the Berne Convention for the Protection of

Literary and Artistic Works (the Berne Convention) acceded to by the PRC

and bilateral copyright agreements entered into with foreign countries.

   Article 4

The term “foreign works” as used these Regulations shall include the

following:

(1) works, of which the author or one of the authors, or the owners

or one of the owners of the copyright, is a national of a country that is

a member of an international copyright treaty or a resident of such member

country with habitual residence in such member country;

(2) works that are not authored by a national of a country that is a

member of an international copyright treaty or by a resident of such

member country with habitual residence in such member country, but that

are first or simultaneously published in such member country; and

(3) works, the creation of which was commissioned to another party by

a Sino-foreig n equity joint venture, a Sino-foreign cooperative joint

venture or a wholly foreign owned enterprise, and for which a contract

provides that such joint venture or enterprise is the owner or one of the

owners of the copyright.

   Article 5

Articles 20 and 21 of the Copyright Law shall apply to the term of

protection of unpublished foreign works.

   Article 6

The term of protection of foreign works of applied art shall be 25

years from the completion of such works.

The preceding paragraph shall not apply to works of fine art

(including designs of animated cartoon imaged) used on industrial

products.

   Article 7

Foreign computer programs shall be protected as literary works and

shall not require registration. The term of protection shall be 50 years

from the end of the year of first publication of such a program.

   Article 8

Foreign works that are a compilation of unprotected material but that

are original in terms of the selection or arrangement of the material

shall be protected under Article 14 of the Copyright Law. Such protection

shall not exclude others from using the same material for a compilation.

   Article 9

Foreign video recordings that under international copyright treaties

constitute cinematographic works shall be protected as cinematographic

works.

   Article 10

Where a foreigner has created and published a work in the language of

the Han nationality, the publication and distribution of a translation of

such work into the language of a minority nationality shall be subject to

prior authorization of the copyright owner.

   Article 11

Owners of copyright in foreign works may authorize others publicly to

perform their works, or to communicate to the public the performance of

their works, by any means or process.

   Article 12

Owners of copyright in foreign cinematographic, television and video

recording works may authorize others to publicly p erform their works.

   Article 13

Reproduction by the press of foreign works shall be subject to prior

authorization of the copyright owners, except in the case of reproduction

of articles on current social topics such as political and economic

issues.

   Article 14

After owners of copyright in foreign works have authorized other

persons to distribute copies of their works, they may authorize or

prohibit the rental of copies of their works.

   Article 15

The owner of the copyright in a foreign work shall have the right to

prohibit import of the following reproductions of his work:

(1) infringing copies; and

(2) reproductions coming from a country where the work is not

protected.

   Article 16

The performance, recording or broadcasting of foreign works shall be

governed by the Berne Convention. Where collective administration

organizations exist, prior authorization shall be obtained from such

organizations.

   Article 17

Foreign works that have not yet fallen into the public domain in the

country of origin on the date of the international copyright treaty coming

into force in China, shall be protected until the expiry of the term of

protection provided for in the Copyright Law and these Regulations.

The provisions of the preceding paragraph shall not apply to the use

of foreign works prior to the date of the international copyright treaty

coming into force in China.

Chinese citizens or legal persons that owned and used particular

reproductions of foreign works for particular purposes prior to the

international copyright treaty coming into force in China, may continue to

use the reproductions of such works without liability, provided that such

reproductions are neither reproduced nor used in any way that would

unreasonably prejudice the legitimate rights and interests of the owners

of copyright in the works.

The provisions of the preceding 3 paragraphs shall be implemented in

accordance with the relevant bilateral copyright agreements between China

and the relevant countries.

   Article 18

Articles 5, 12, 14, 15 and 17 of these Regulations shall apply to

products of sound recordings.

   Article 19

In the event of any discrepancies between these Regulations and

administrative laws and regulations concerning copyright that were

promulgated prior to the implementation of these Regulations, these

Regulations shall prevail. In the event of any discrepancies between these

Regulations and international copyright treaties, the international

copyright treaties shall prevail.

   Article 20

The State Copyright Administration shall be responsible for the

implementation of international copyright treaties in China.

   Article 21

The State Copyright Administration shall be responsible for the

interpretation of these Regulations.

   Article 22

These Regulations shall be implemented as of September 30, 1992.

    





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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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