RULES GOVERNING SUPERVISION & CONTROL OVER EXPORTATION OF EXHIBITION GOODS BY THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA
ENVIRONMENTAL PROTECTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA
PROVISIONAL REGULATIONS OF THE BANK OF CHINA OF FOREIGN EXCHANGE CERTIFICATE
RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON APPROVING THE INTERIM PROVISIONS OF THE STATE COUNCIL FOR VETERAN CADRES TO LEAVE THEIR POSTS IN ORDER TO REST
Resolution of the Standing Committee of the National People’s Congress on Approving the Interim Provisions of the State Council for Veteran Cadres to Leave Their Posts in Order to Rest* |
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(Adopted on September 29, 1980) | |
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Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
INTERIM PROCEDURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE SUPERVISION AND CONTROL OVER BONDED GOODS AND BONDED WAREHOUSES
PROVISIONAL RULES OF THE CUSTOMS GOVERNING THE SUPERVISION AND CONTROL OF IMPORT AND EXPORT GOODS AND MATERIALS NEEDED FOR THE COOPERATIVE EXPLORATION AND EXPLOITATION
(Effective Date:1981.10.01–Ineffective Date:)
Article 1. These Rules have been made in accordance with the Provisional Customs Law of the People’s Republic of China and the spirit of Document Article 2. The Customs shall, in accordance with the documents and contracts (including sub-contracts–the same hereinafter) approved by the After the determination of an engineering project, the oil company concerned should immediately submit the above-mentioned documents Article 3. At the time of importation and exportation of the goods and materials, the oil company or its agent should fill out the Declaration In the case of the goods and materials imported or exported at the places other than the place where the company is located, the declarant Article 4. At the time of Customs examination of the import and export cargoes, the cargo-owner or his agent must be present and unpacking the Article 5. Cargoes imported (including those imported by means of lease) within the duty-exemption limits approved by State organs shall be Goods and materials imported temporarily may be accorded duty-free treatment, provided that the oil company concerned completes the Article 6. Import goods and materials may be delivered only after completion of the Customs formalities, or with the special permission of the Article 7. The commission warehouses set up by foreign businessmen at the oil bases shall be dealt with by the Customs in accordance with the Article 8. Import goods and materials which are not declared to the Customs or on which the Customs duty is not paid within three months from Article 9. For foreign engineers and technicians who come to China on exploration and exploitation business, the competent departments should Baggage and articles carried by our engineers and technicians on entering and leaving the Chinese territories on business, shall be Article 10. The following cases shall be dealt with by the Customs each on its merits, in accordance with the relevant provisions of the Provisional (1) False declaration; (2) The units concerned taking delivery of or loading the import and export goods and materials not yet released by the Customs; (3) Smuggling through the means of import and export goods and materials; (4) Sale, without permission, of the goods and materials which have been released duty-free by the Customs; (5) The goods and materials imported temporarily on Customs verification and approval, being not re-shipped abroad within the prescribed (6) Unauthorizedly breaking Customs Cover, or Customs seals, or losing Customs Cover; (7) Other cases in violation of the Customs regulations. Article 11. Whenever deemed necessary for the work, the Customs may set up working offices or station officers at the offshore exploration and Article 12. The present Provisional Rules shall come into force on October 1, 1981.
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REGULATIONS ON THE EXPLOITATION OF OFFSHORE PETROLEUM RESOURCES IN COOPERATION WITH FOREIGN ENTERPRISES
(Effective Date:1982.01.30–Ineffective Date:)
CONTENTS
CHAPTER I GENERAL PRINCIPLES
CHAPTER II RIGHTS AND OBLIGATIONS OF THE PARTIES TO PETROLEUM CONTRACTS
CHAPTER III PETROLEUM OPERATIONS
CHAPTER IV SUPPLEMENTARY PRINCIPLES
CHAPTER I GENERAL PROVISIONS Article 1. In the interests of developing the national economy and expanding international economic and technological cooperation, these Regulations Article 2. All petroleum resources in the internal waters, territorial sea and continental shelf of the People’s Republic of China and in all In the sea areas referred to in the preceding paragraph, all buildings and structures set up and vessels operating to exploit petroleum, Article 3. The Government of the People’s Republic of China shall protect, in accordance with the law, the investments of foreign enterprises All activities for the cooperative exploitation of offshore petroleum resources within the scope of these Regulations shall be subject Article 4. The Ministry of Petroleum Industry of the People’s Republic of China shall be the competent authority in charge of the exploitation Article 5. The China National Offshore Oil Corporation (CNOOC) shall have exclusive and overall responsibility for the work of exploiting offshore CNOOC shall be a state corporation with the qualifications of a juridical person and shall have the exclusive right to explore for, CNOOC may, as the work requires, establish regional corporations, specialized corporations and overseas representative offices to Article 6. CNOOC shall, by means of calling for bids and signing petroleum contracts, cooperate with foreign enterprises to exploit petroleum The petroleum contracts referred to in the preceding paragraph shall come into force after approval by the Foreign Investment Commission All documents signed by CNOOC for other forms of cooperative exploitation of petroleum resources utilizing technology and funds provided
CHAPTER II RIGHTS AND OBLIGATION OF THE PARTIES TO PETROLEUM CONTRACTS Article 7. CNOOC shall cooperate with foreign enterprises to exploit offshore petroleum resources by means of entering into petroleum contracts, Article 8. The foreign contractor may export the petroleum due to it and the petroleum it purchases, and may also remit abroad, in accordance Article 9. All Chinese enterprises and foreign enterprises participating in the cooperative exploitation of offshore petroleum resources shall All employees of the enterprises referred to in the preceding paragraph shall pay individual income tax in accordance with the law. Article 10. The equipment and material imported for carrying out the petroleum contract shall be subject to tax at a reduced rate, or exempted Article 11. The foreign contractor shall open a bank account in accordance with the provisions of the Provisional Regulations on Foreign Exchange Article 12. In carrying out the petroleum contract, the foreign contractor shall use appropriate and advanced technology and management experience Article 13. In carrying out the petroleum contract, the foreign contractor must promptly and accurately report to CNOOC on the situation of petroleum Article 14. In carrying out the petroleum contract, the foreign contractor shall establish a branch or subsidiary or representative office within The domiciles of the offices referred to in the preceding paragraph shall be determined through consultation with CNOOC. Article 15. The provisions of Articles 3, 8, 9, 10 and 14 of these Regulations shall apply, by analogy, to foreign subcontractors that render
CHAPTER III PETROLEUM OPERATIONS Article 16. In order to achieve the highest possible oil recovery factor, the operator must, in accordance with these Regulations and the relevant Article 17. In carrying out the petroleum contract, the foreign contractor shall use the existing bases within the territory of the People’s The specific locations of the new bases referred to in the preceding paragraph, and other arrangements that may be necessary in special Article 18. CNOOC shall have the right to send personnel to join the foreign operator in making master designs and engineering designs for carrying Article 19. With respect to all facilities required to be built in carrying out the petroleum contract, including artificial islands, platforms, Article 20. With respect to the equipment and materials required to carry out the petroleum contract, the operator and subcontractors must give Article 21. With respect to services that are required to carry out the petroleum contract, such as those for geophysical prospecting, well-drilling, Article 22. The ownership of all assets purchased or built by the foreign contractor to carry out the petroleum contract in accordance with the Article 23. CNOOC shall have the ownership of all of the data, records, samples, vouchers and other original data with respect to the petroleum The utilization and transfer, donation, exchange, sale and publication of the previously mentioned data, records, samples, vouchers Article 24. In the course of implementing petroleum operations, the operator and subcontractors shall comply with the relevant laws and provisions Article 25. The petroleum produced within the petroleum contract area shall be landed in the People’s Republic of China or may be exported from Article 26. In case of war, threat of war or other state of emergency, the Chinese Government shall have the right of compulsory purchase or
CHAPTER IV SUPPLEMENTARY PRINCIPLES Article 27. Any dispute arising between foreign and Chinese enterprises during the cooperative exploitation of offshore petroleum resources shall Article 28. In case an operator or subcontractor violates the provisions of these Regulations in implementing petroleum operations, the Ministry A party responsible for serious violation of these Regulations may be fined by and/or even be subject to suit before the judicial Article 29. The terms used in these Regulations shall have the following definitions: (1) “Petroleum” means crude oil or natural gas deposited underground, currently being extracted or already extracted. (2) “Exploitation” means, in general, the exploration for and development, production and marketing of petroleum, as well as other (3) “Petroleum contract” means a contract signed, in accordance with the law, between CNOOC and foreign enterprises for the cooperative (4) “Contract area” means a surface area designated within a sea area demarcated by geographical coordinates in the petroleum contract (5) “Petroleum operations” means all exploration, development and production operations and other related activities conducted in (6) “Exploration operations” means all work done to locate the petroleum-bearing traps by means of geological, geophysical and geochemical (7) “Development operations” means projects, such as those for design, construction, installation and drilling, and corresponding (8) “Production operations” means all operations for producing petroleum conducted after the date of commencement of the commercial (9) “Foreign contractor” means a foreign enterprise that signs a petroleum contract with CNOOC. The foreign enterprises may be a corporation (10) “Operator” means an entity that is responsible for implementing the operations pursuant to the provisions of the petroleum contract. (11) “Subcontractor” means an entity that renders services to the operator. Article 30. Rules for the implementation of these Regulations shall be formulated by the Ministry of Petroleum Industry. Article 31. These Regulations shall come into force on the day of promulgation.
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INTERIM REGULATIONS ON SPECIAL COMMISSIONERS’ OFFICES OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE
Category | FOREIGN TRADE | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1982-07-15 | Effective Date | 1982-07-15 |
Interim Regulations on Special Commissioners’ Offices of the Ministry of Foreign Economic Relations and Trade |
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(Approved by the State Council on July 15, 1982, promulgated by the
Ministry of Foreign Economic Relations and Trade)
While China continues to implement its opening policy and relatively more
departments, localities and enterprises are participating in foreign economic
relations and trade, in order to refrain from self-competition and avoid
chaos while appropriately arousing the enthusiasm of all various aspects and
devoting major efforts to developing foreign economic relations and trade,
the coordination and administration of foreign economic relations and trade
must be strengthened so as to realize unified and joint external actions.
Therefore, in addition to other coordinative and administrative measures, it
is decided that commissioners shall be sent to major ports and commissioners’
offices shall be set up.
1. As agencies of the Ministry of Foreign Economic Relations and Trade
and by the name of the Commissioners’ Office of the Ministry of Foreign
Economic Relations and Trade in ____ , commissioners’ offices shall be
subjected to the leadership of the Ministry of Foreign Economic Relations and
Trade and be responsible to the Ministry. Commissioners shall maintain close
ties with the local governments and Party organizations, report the work
situation to them, get supports therefrom, and make reports in good time to
the Ministry of Foreign Economic Relations and Trade for instructions.
2. The Duties of Commissioners
(1) They shall, in accordance with the principle of unified policy,
unified planning and unified external action and in consideration of being
favorable to the development of foreign economic relations and trade, conduct
supervision and direction over the implementation of import and export
commodity coordinating programs worked out by the Import and Export
Commodity Coordinating Group. When any problem arises from the implementation
of an import and export commodity coordinating program, the commissioner may
settle the problem then and there if it is within his jurisdiction; the
problem shall be settled by the Coordinating Group of the company if it is
a national problem, such as great changes of markets, quantities, prices and
customers, etc.;
(2) They shall strengthen the administration and, according to the
jurisdiction authorized by the Ministry of Foreign Economic Relations and
Trade, be responsible for the examination and approval of applications for
and the issuance of import and export licenses for some commodities;
(3) They shall assist specialized import and export companies (including
companies engaging in both industry and trade, same below) to realize step by
step the unified and combined operations by sectors and with major ports as
centers, with regard to main exports.
(4) They shall, for the purpose of strengthening the unification and
combination of external actions and in the light of specific situations,
convene contacting conferences attended by the foreign economic relations and
trade departments of the ports they reside in and those of the provinces,
municipalities or autonomous regions under their jurisdictions, so as to
facilitate the exchange of each other’s situation and the coordination of
relations between ports and inland areas. Relevant specialized companies and
relevant units under the Ministry of Foreign Economic Relations and Trade may
send their personnel to the conferences;
(5) They shall make investigation and research on the implementation of
general and specific policies regarding foreign economic relations and trade,
the strengthening of import and export administration and the reform of the
system of foreign economic relations and trade, and shall put forward
proposals to the Ministry of Foreign Economic Relations and Trade; and
(6) They shall deal with other matters entrusted by the Ministry of
Foreign Economic Relations and Trade.
3. Rights of Commissioners
(1) They may interfere and stop the business activities of import and
export enterprises which do not conform to the division of import and export
operations or the coordinating programs;
(2) They may stop transactions in violation of policies, laws or
regulations of the state, and refuse to issue licenses with regard to those
transactions;
(3) Import and Export Commodity Coordinating Groups of various
specialized companies shall provide commissioners with business information
(including coordinating programs, summaries of conferences, bulletins,
statistical data and reports, etc.), so as to facilitate commissioners’
inspection and supervision on and adjudication in the coordinating work;
(4) Administrative departments of the local provinces or municipalities
and of relevant inland provinces, municipalities or autonomous regions shall
send to commissioners a duplicate of their reports on the administrative
work. Commissioners may, for the need of the work, request the administrative
departments of foreign economic relations and trade and enterprises engaging
in foreign trade in the local areas and those of relevant provinces,
municipalities or autonomous regions to provide information and materials
concerning the coordination and administration; and
(5) Relevant local departments such as departments in charge of transport
and communications, ports, banks, customs and commodity inspection, etc.
shall take active cooperation with commissioners for the latter’s performance
of duties stipulated in the Regulations.
4. The Appointments, Terms and Members’ Activities of and Awards and
Punishments to Commissioners
(1) A commissioners’ office shall have one commissioner and one deputy
commissioner, which shall all be appointed by the State Council upon
nomination by the Ministry of Foreign Economic Relations and Trade.
(2) The term of office of a commissioner shall generally be two years and
the commissioner shall be rotated upon its expiration. The term may be
appropriately extended if necessary. The rotating system shall also be
applicable to personnel of commissioners’ offices.
(3) The Ministry of Foreign Economic Relations and Trade shall be
responsible for the political and ideological work of commissioners’ offices.
Party and League members among commissioners and personnel of commissioners’
offices shall respectively set up their Party and League organizations which
shall be respectively under the leadership of the Party and League committee
of the Ministry of Foreign Economic Relations and Trade. In case of urgent
and important report relay or document reading, they may ask the local Party
committee to assist in arrangement.
(4) The Ministry of Foreign Economic Relations and Trade shall be
responsible for handling awards and punishments to commissioners and
personnel of commissioners’ offices.
5. Compositions and Sources of Funds of Commissioners’ Offices and Daily
Lives of Their Personnel
(1) The compositions of commissioners’ offices shall be determined
according to the principle of efficiency and simplification with the cadres
sent by the Ministry of Foreign Economic Relations and Trade. The internal
structural establishments shall be simple and they shall strive to raise
working efficiency.
(2) Expenditures of commissioners’ offices shall be incorporated in the
budget of the Ministry of Foreign Economic Relations and Trade.
(3) Relevant departments of the local people’s governments shall assist
in arranging daily lives of personnel of commissioners’ offices.
6. The Style of Work of Commissioners and Personnel of Commissioners’
Offices
Commissioners and personnel of commissioners’ offices shall actively
study the Party’s lines, guiding principles and policies, correctly implement
policies and provisions concerning foreign economic relations and trade, and
try to promote the development of foreign economic relations and trade. They
shall strengthen the work of investigation and research, listen to opinions
from various aspects with an open mind, be practical and realistic in their
work, and adopt an overall point of view. They shall impartial and
conscientious in their work, carry forward the fine traditions of the Party,
serve the people wholeheartedly, and do their best at the work they
undertake.
7. These Interim Regulations shall enter into force upon the approval of
the State Council. Supplements or amendments to these Regulations shall be
proposed by the Ministry of Foreign Economic Relations and Trade, and
implemented after submitted to and approved by the State Council.