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China Laws

METEOROLOGICAL SERVICES

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1999-10-31 Effective Date  2000-01-01  


Law of the People’s Republic of China on Meteorological Services

Contents Chapter I  General Provisions?    Chapter II  Construction and Management of Meteorological Facilities?    Chapter III  Meteorological Survey?    Chapter
IV  Weather Forecast and Severe Weather Warning?    Chapter V  Precautions against Disasters?    Chapter
VI  Exploitation and Protection to Climate Resources?    Chapter VII  Legal Liabilities?    Chapter
VIII  Supplementary Provisions
Chapter I  General Provisions Article 1 This Law is formulated with a view to improving

(Adopted at the 12th Session ofthe Standing Committee of the Ninth

National People’s Congress on October 31, 1999. Promulgated by the Order
No. 23 of the President of the People’s Republic of China on October 31,
Contents Chapter I  General Provisions?    Chapter II  Construction and Management of Meteorological
Facilities?    Chapter III  Meteorological Survey?    Chapter IV  Weather
Forecast and Severe Weather Warning?    Chapter V  Precautions against Disasters?    Chapter
VI  Exploitation and Protection to Climate Resources?    Chapter VII  Legal Liabilities?    Chapter
VIII  Supplementary Provisions
Chapter I  General Provisions Article 1 This Law is formulated with a view to improving
meteorological cause, and standardizing meteorological work, and issuing
weather forecast accurately and timely, and taking precautions against
disasters, and exploiting and protecting climate resources reasonably, and
providing weather service for economic construction, defense construction,
social development and people’s life. Article 2 This Law shall be applied to the meteorological activities
conducted in the People’s Republic of China and other maritime belt under
the jurisdiction of the People’s Republic of China, such as meteorological
survey, forecast, service, precautions against weather disasters,
exploitation of climate resources and research on weather scientific
technology. Article 3 Meteorological cause is the basic public welfare undertaking
of economic construction, defend construction, social development and
people’s life.  Meteorological job shall put the weather services of public
welfare in the first place.?  The people’s governments at or above county level shall strengthen their
leadership and coordination to weather services, and bring meteorological
cause into the plan of social development and the budget of central
authorities and local national economy at the same level so as to ensure
bringing its function of services for social public, the policy decision
of governments and economic development into full play.?  Where the people’s governments at or above county level, in accordance

with the need of local social economy development, establish  the items of
local meteorological cause, the investment is mainly bore by local finance.?  Weather stations, predicated on assuring bare
weather services of public
welfare, may launch meteorological charge services according to law. Article 4 The weather stations, subordinate to the competent

meteorological agencies in counties and cities, shall mainly serve
agriculture production, and provide the meteorological information services
of public welfare timely and actively needed by the guarantee to local
agriculture production. Article 5 The competent meteorological agency under the State Council
is responsible for national meteorological services.  Local competent
meteorological agencies at different levels, under the leadership of higher
competent meteorological agencies and the people’s government at the
corresponding level, are responsible for the meteorological services in
their respective administrative divisions.?  Other relevant departments under the State Council and the meteorological
agencies subordinate to the relevant departments of the People’s
governments in provinces, autonomous regions and municipalities shall
subject their meteorological services to the guide, supervision and
industrial management of the competent meteorological agencies at the same
level. Article 6 The ones, engaged in the pursuits of meteorological business,
shall abide by the technical standards, specifications and rules formulated
by the state. Article 7 The state encourages and supports the following activities,
such as scientific and technical research on meteorology, the
popularization of meteorological scientific knowledge, the fosterage of
qualified meteorologist, the spread of advanced meteorological science and
technology, the protection to meteorological scientific and technological
achievements, the reinforcement of international meteorological cooperation
and exchange, the development of meteorological information cause and the
enhancement of meteorological services level.?  The people’s governments at different levels shall be concerned for and

support the construction and function of meteorological stations in the
areas inhabited by the minority nationalities, in outlying and impoverished
districts, in arduous areas and in islands.?  The unites and individuals, making outstanding contributions to
meteorological services, shall be encouraged by giving awards. Article 8 The foreign organizations and individuals engaged in
meteorological activities in the territory of the People’s Republic of
China and other sea areas within the jurisdiction of the People’s Republic
of China must be approved by the competent meteorological agency under the
State Council in presence of relevant departments. Chapter II  Construction and Management of Meteorological Equipment Article
9 The competent meteorological department under the State
Council shall organize relevant departments to establish the construction
planning of important meteorological facilities, including meteorological
survey facilities, specific transmission facilities of meteorological
information, large-scale meteorological technical equipment, and implement
it after approved by the State Council.  The judgment and modification to
the construction planning of meteorological facilities must be reported to
the State Council for approval.?  The establishment of the construction planning for meteorological
facilities shall conform with the principals of reasonable distribution,
effective exploitation and the consideration of necessary of both present
and a long term, and avoid double construction. Article 10 The construction projects of important meteorological
facilities, prior to the approval to a proposal reports and a research
report of feasibility, shall be permitted based on examination by the
competent meteorological department under the State Council or the
competent meteorological departments in provinces, autonomous regions and
municipalities in accordance with the consequential limits for examination
and approval of items. Article 11 The state protects meteorological facilities in accordance
with law.  Any units or individuals may not be permitted to disseize, to
derogate or to move meteorological facilities without authorization.?  Where meteorological facilities sustain damages because
of force
majesture, local governments shall adopt emergency measures, and organize
force to repair, and assure meteorological facilities of normal operation. Article 12 Any organizations or individuals may not move
weather
stations without approval by law; where organizations really need to move
base weather stations of state, and basic weather stations because of the
implementation of urban planning or key project constructions of state,
they shall report to the competent meteorological agency under the State
Council.  Where it needs to move other weather stations, they shall report
to the competent meteorological agencies in provinces, autonomous regions
and municipalities for approval.  The fee for movement and construction
shall be bore by construction units. Article 13 Special meteorological technical equipment shall conform
with the technical requirements provided by the competent meteorological
agency under the State Council, and they shall be qualification based on
the examination of the competent meteorological department under the State
Council; the ones without examination, or the ones unqualified based on
examination may not be used in meteorological business. Article 14 Meteorological measurement instruments shall, in accordance
with the relevant stipulations of Measurement Law of the People’s Republic
of China, be examined by agencies of measurement examination.  
The meteorological measurement instruments, without investigation,
unqualified based on examination or surpassing duration of validity, may
not be used.  The competent meteorological agency under the State Council
and the competent meteorological agencies in provinces, autonomous regions
and municipalities shall, based on the requirement, establish standard
instruments of meteorological measurements.  Their highest standard
instruments of measurement, in accordance with the stipulations of
Measurement Law of the People’s Republic of China, shall be used after
qualification based on examination. Chapter III  Meteorological Survey Article 15 The weather stations subordinate to competent
meteorological
agencies at different levels shall, in accordance with the stipulations of
the competent meteorological agency under the state Council, conduct
weather survey and hand the meteorological survey materials over relevant
competent meteorological agencies.  They may discontinue weather
observation without the approval of higher meteorological competent
agencies.?  The competent meteorological agency under the state Council and relevant
local competent meteorological agencies shall timely issue basic
meteorological survey materials according to the stipulations of the state. Article 16 Other relevant departments under the State
Council and the
weather stations subordinate to other relevant departments of provinces,
autonomous regions and municipalities and other organizations or
individuals engaged in meteorological survey shall deliver the acquired
meteorological survey materials to the meteorological competent agency
under the State Council or the competent meteorological agencies in
provinces, autonomous regions and municipalities in accordance with the
relevant stipulations of the state.  ?  Competent meteorological agencies at different levels shall, in
accordance with the principal of participation and common of use of
meteorological materials, change relevant meteorological information
materials with other agencies engaged in meteorological work based on the
relevant stipulations of the state. Article 17 The drilling platforms on the inland waters, marginal seas
of the People’s Republic of China and other marine belts within the
jurisdiction of the People’s Republic of China and the air vehicles used
on international airlines with the nationality of the People’s Republic of
China, the vessels of ocean navigation shall, in accordance with the
relevant stipulations of the state, conduct weather survey and report
meteorological survey materials. Article 18 Where the meteorological survey materials, except basic
meteorological survey materials are demanded to maintain secrecy, the
determination, modification, declassification and use of secret degree
shall be conducted based on the stipulations of Law of the People’s Rep
ublic of China on Guarding State Secrets. Article 19 The state protects the environment of weather survey by law.  
Any organizations and individuals are all the ones having the obligation
of protecting the environment of weather survey. Article 20 The following acts endangering the environment of weather
survey are forbidden:?  (1) To place obstacles, to conduct demolition, and to gather stones
within the protected scope of the environment of meteorological survey ;?  (2) To establish high frequency electromagnetic
radiation influencing
the efficacy of operation of weather survey facilities within the protected
scope of the environment of weather survey;?  (3) To be engaged in other acts influencing weather survey within the
protected scope of the environment of weather survey.?  The standard of delimitation for the protected scope of the environment

of weather survey is provided by the competent meteorological agency under
the State Council.  The people’s governments at different levels shall
delimit the protected scope of the environment of weather survey in
accordance with legal standards and put them into urban planning or village
and town planning. Article 21 The construction projects, such as new projects, extension
projects and reconstruction projects, shall be on prevention of the damage
to the environment of weather survey; where they are really unavoidable,
the environment of survey of base weather stations and of basic
meteorological stations under the state, construction units shall, prior
ask the competent meteorological agency under the State Council for
approval; the environment of survey subordinate to other weather stations,
construction units shall prior ask the competent meteorological agencies in
provinces, autonomous regions and municipalities for approval and may just
make a construction after relevant measures are adopted. Chapter IV  Weather Forecast and Severe Weather Warning Article
22 The state shall institute a unified issuing system to public
weather forecast and severe weather warning.?  The weather stations subordinate to the competent meteorological agencies

at different levels shall issue public weather forecast and severe weather
warning to society according to their obligations and make a supplement or
a revision to them timely according to the change of climate.  Any other
organizations or individuals may not issue public weather forecast or
severe weather warning to society.?  Other relevant departments under the State council and the weather
stations subordinate to the relevant departments of provinces, autonomous
regions and municipalities may issue special weather forecast for the use
of their system.?  The competent meteorological agencies at different levels and the weather
stations subordinate to them shall enhance the accuracy, promptitude and
service level of public weather forecast and severe weather warning. Article 23 The weather stations subordinate to competent meteorological

agencies at different levels shall issue professional weather forecast
according to the needs, such as weather forecast on agriculture, weather
forecast on urban environment, degree forecast on fire insurance, and
coordinate with military meteorological departments conducting the work of
weather service required by defense construction. Article 24 The broadcasting stations and television stations at
different levels, and the newspapers appointed by people’s governments at
provincial level shall arrange special time or a special space of a whole
page to broadcast or to issue public weather forecast or severe weather
warning every day.?  The weather stations subordinate to the competent meteorological
agencies at different levels shall assure the quality of weather forecast
programs made by them .?  The unites distributing broadcast and TV program, changing the planned
time of broadcast of weather forecast, shall prior ask relevant weather
stations for their approval; the broadcasts to the severe weather warning
causing probably serious effect to nation’s economy and to the people’s
livelihood and the supplement and correction to weather forecast shall be
timely increased or interposed. Article 25 Where the media, such as broadcast , TV, newspaper and
electronic information, disperses weather forecast or severe weather
warning to society, it must employ the timely meteorological information
provided by the weather stations under competent meteorological agencies
and mark a releasing hour and the name of the weather station.  The income,
from dispersing meteorological information, shall be drawn partly to
support the development of meteorological cause. Article 26 Ministry of Information Technology and Telecom Industries
shall act in close coordination with competent meteorological agencies, and
ensures the clean of obstructions in meteorological communication, and
transfer weather information, weather forecast and severe weather warning
accurately and timely.  Where the special channels of meteorological radio
and channels are under the protection of the state, any units or
individuals may not act in possession by squeeze and interference. Chapter V  Precautions against Weather Disasters Article
27 The people’s governments at or above county level shall
strengthen the survey to weather disasters and the construction of system
of early warning, and organize relevant departments to establish the plans
of defense against weather disasters, and adopt effective measures to
enhance the ability of defense against weather disasters.  Relevant
departments and individuals shall submit themselves to the command and
arrangement of people’s governments, and do the work of defense against
weather disasters well. Article 28 Competent meteorological agencies at different levels shall
organize joint monitoring and prediction work to serious disastrous weather
of transboundary districts and transboundary departments.  They shall
timely propose the measures taken for prevention against weather disasters,
and make assessments to serious weather disasters and propose decision-
making criterion for the defense against weather disaster organized by
their people’s governments.?  The weather stations subordinate to the competent meteorological agencies
at different levels shall strengthen the monitoring and forecast to the
probable affect to local weather disasters, and report them to relevant
competent meteorological agencies timely.  The weather stations subordinate
to other relevant departments and the units, having relation with weather
monitoring and forecast to weather disasters, shall timely propose the
information about meteorological monitoring needed by the monitoring and
forecast to weather disasters and relevant monitoring information about
the situation of water and windstorm tides. Article 29 The people’s governments at or above county level shall
formulate defense program against weather disasters in accordance with
the need of defense against weather disasters, and organize the
enforcement of the plan of the defense against weather disasters in
accordance with the weather information provided by meteorological
competent agencies, and avoid or reduce weather disasters. Article 30 The people’s governments at or above county level shall
strengthen the leadership of artificially affecting weather and launch
the work of artificially affecting weather in accordance with actual
situation in a organized and planned way.?  The competent meteorological agency under the State Council shall
strengthen the management and guidance to national work of artificially
affecting weather.  The local competent meteorological agencies at
different levels shall formulate the operation plan of artificially
affecting.  The local competent meteorological agencies at different
levels shall formulate the operation plan of artificially affecting
weather, and under the leadership and coordination of their people’s
governments, they manage, guide and organize the enforcement of operation
artificially affecting weather.  Relevant departments shall do their
best at the relevant jobs of artificially affecting weather by
coordination with competent meteorological agencies in accordance with
duty labor.?  The organizations, enforcing the operation of artificially affecting
weather must have the condition of qualification provided by the competent
meteorological agencies in provinces, autonomous regions and
municipalities, and use the operating facilities conforming with the skill
standard required by the competent meteorological agency under the State
Council, and abide by operating specifications. Article 31 The competent meteorological agencies at different levels
shall strengthen the organization and management to the defense work
against thunder and lightning disaster, and guide the monitoring work of
the buildings, fixtures hit probably by thunder and lightning and
conservatory installations against thunder and lightning disaster installed
by other facilities.?  The installed conservatory installations against thunder and lightning
disaster shall conform with the requirement for use provided by the
competent meteorological agency under the State Council. Chapter VI  Protection and Exploitation of Climate Resources Article
32 The competent meteorological agency under the State Council
is responsible for the comprehensive investigation to national climate
resources, and the work of division into districts, and organize conducting
meteorological monitoring, analysis and assessment, and conduct the
monitoring to the aerial elements probably causing climate worse, and
regularly issue bulletins of national weather state. Article 33 The people’s governments at or above county level shall make
plans to the direction and focal point protection of exploitation of
climate resources in accordance with the characteristics of local climate
resources.?  The competent meteorological agencies at different levels shall propose
the suggestions about the exploitation and protection of climate resources
and the extension of applied division into districts of climate resources
to their local governments and relevant departments at the same level
according to the plans of their governments. Article 34 The competent meteorological agencies at different levels
shall organize the feasibility demonstration to the exploitation items of
climate resources, such as city plan, key construction projects of state,
the items of important regional economic development, large-scale solar
energy and wind energy.?  Where the units, having the qualification of evaluation of the effect on
air environment conduct the assessment to the affect on air environment of
the items of projects construction, they shall adopt the meteorological
materials provided or examined by competent meteorological agencies. Chapter VII  Legal Responsibilities Article 35 Where
the ones violate the stipulations of this Law and
commit one of the following acts, the relevant competent meteorological
agencies, in accordance with their competence, shall order them to suspend
their illegal acts, and set a time limit for recovery of the original state
or adopting other remedial measures, and impose a fine of not more than
50,000 yuan; where such act causes loss, they bear the liability for
compensation according to law; where such act constitutes a crime, they
shall be investigated for criminal responsibilities:?  (1) Disseising, destroying or moving meteorological facilities without

approval;?  (2) Being engaged in damaging activities of meteorological monitoring
environment within the protected scope of meteorological monitoring
environment.?  Where the units approve to occupy land in violation of law within the
protected scope of meteorological monitoring environment, or occupy land
illegally to construct new buildings or other installations, they shall
be subjected to sanctions in accordance with the relevant stipulations of
Urban Planning Law of the People’s Republic of China or Land Management
Law of the People’s Republic of China. Article 36 Where any units or individuals use special meteorological
technical facilities inconsistent with technical requirements in violation
of this Law; where such act constitutes damages, relevant competent
meteorological departments shall order them to correct according to their
competence and give them warnings, and impose a fine of not more than
50,000 yuan. Article 37 Where any ones install the protective facilities of thunder
and lightning disasters inconsistent with the requirement for use in
violation of the stipulation of this Law, the agencies order them to
correct, and give them warnings.  Where any units cause damages to others
because of using the protective facilities of thunder and lightning
disasters inconsistent with the requirements for use, they shall bear the
liability for compensation according to law. Article 38 Where any ones have one of the following acts in violation
of this Law, relevant competent meteorological agencies order them to
correct according to their competence, and give them warnings, and impose
a fine of not more than 50,000 yuan:?  (1)Issuing illegally public weather forecast and severe weather warning
to society;?  (2) Where the media disperses public weather forecast, severe weather
warning to society, the media, such as broadcast, TV, newspaper and
communications, fail to adopt the timely meteorological information
provided by the weather stations subordinate to competent meteorological
agencies.?  (3) Where the units, engaged in the estimation to the affect of air
environment, conduct the estimation to the affect of air environment of
the items of construction projects, they adopt the meteorological
materials which are not provided or examined by competent meteorological
agencies. Article 39 Where the ones implement the operation of artificially
affecting weather without the conditions of qualification provided by
competent meteorological agencies in provinces, autonomous regions and
municipalities in violation of the stipulations of this Law, or implement
the operation of artificially affecting weather where ones adopt the
operation facilities inconsistent with the technical standard required by
the competent meteorological agency under the State Council.  Relevant
competent agencies order them to correct in accordance with their
competence and give them warnings, and impose a fine of not more than
10,000 yuan; where such act causes damages to others, they shall bear the
liability for compensation by law; where such act constitutes a crime,
they shall be investigated for criminal responsibilities. Article 40 Where the staff of competent meteorological agencies at
different levels and the staff of weather stations subordinate to the
meteorological competent agencies at different level cause the accidents
such as grossly failing to declare, misstating public weather forecast,
severe weather because of through neglect their duties, and losing or
damaging original meteorological monitoring materials and counterfeiting
meteorological materials, they shall be subjected to administrative
sanctions by law; where such act causes the heavy damages to the state
interest and people’s life and poverty; where such act constitutes a crime,
they shall be investigated for criminal responsibilities by law. Chapter VIII  Additional Rules Article 41 The implication
of the following terms in this law means:?  (1) Meteorological facilities mean meteorological monitoring facilities,
special transmission facilities used by meteorological information and
large-scale meteorological special technical facilities:?  (2) Meteorological monitoring means the conduction of the system
of
observation and survey to air and air physical process near layer,
phenomenon and their chemical quality by using scientific and
technological measures.?  (3) Meteorological monitoring environment means, in order to avoid
various disturbance and to ensure the environment space constructed by
the smallest distance needed by meteorological monitoring facilities
accurately acquiring meteorological monitoring information.?  (4) Weather disaster means the disasters caused by typhoon,
storm(snow),
coldwave, strong wind (sandstorm), low temperature, high temperature, arid,
thunder and lightning, hailstone, frost, and greater fog.?  (5) Artificially affecting weather means the following activities,
such
as in order to avoid or to reduce weather disasters, and to fairly use
weather resources, and to conduct artificially affect to partial atmosphere
physics and chemical process by scientific and technological means under
proper conditions so as to realize the aim of increasing rain and snow, to
prevent hail, to dispel rain, to dispel fog and to prevent fog. Article 42 The special management rules to weather stations, other

units engaged in weather services with consideration, and the scope, items
and charging of weather service with consideration shall be formulated by
the State Council in accordance with this Law. Article 43 The management rules of the meteorological work of People’s
Liberation Army of China shall be formulated by Central Military Commission. Article 44 Where the international treaties about meteorological

activities, concluded with the People’s Republic of China or joined by the
People’s Republic of China have different stipulatio

CIRCULAR OF THE CHINA COMMISSION FOR THE PROMOTION OF INTERNATIONAL TRADE AND THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION OF THE PRC CONCERNING THE DISTRIBUTION OF THE MANAGEMENT MEASURES FOR THE EXAMINATION AND APPROVAL OF APPLICATIONS FOR HOLDING ECONOMIC AND TRADE EXHIBITIONS ABROAD

The China Commission for the Promotion of International Trade, the Ministry of Foreign Trade and Economic Cooperation

Circular of the China Commission for the Promotion of International Trade and the Ministry of Foreign Trade and Economic Cooperation
of the PRC Concerning the Distribution of the Management Measures for the Examination and Approval of Applications for Holding Economic
and Trade Exhibitions Abroad

MaoCuZhanGuan [2001] No.3

February 15, 2001

According to the requirements of the Letter of General Office of the State Council Concerning Relevant Questions on the Examination
and Approval and Administration of Applications for Holding Economic and Trade Exhibitions Abroad (GuoBanHan [2000] No.76), the China
Commission for the Promotion of International Trade and the Ministry of Foreign Trade and Economic Cooperation of the PRC have formulated
the Management Measures for the Examination and Approval of Holding Economic and Trade Exhibition Abroad, and hereby issue to you,
please carry out completely. Attachment:Management Measures for the Examination and Approval of Applications for Holding Economic and Trade Exhibitions Abroad

Chapter I General Provisions

Article 1

These Measures have been formulated according to the requirements of the Letter of General Office of the State Council Concerning
Relevant Questions on the Examination and Approval and Administration of Applications for Holding Economic and Trade Exhibitions
Abroad (GuoBanHan [2000] No.76) for the purpose of healthy and orderly progress of holding economic and trade exhibitions abroad.

Article 2

The phrase “holding economic and trade exhibitions abroad” (hereinafter referred to as “exhibitions held abroad” for short), as mentioned
in these Measures refers to: 1) holding economic and trade exhibitions, economic and trade exhibitions of friendly provinces and
cities, and economic and trade negotiations in the form of commodity exhibitions separately in foreign countries (hereinafter all
referred to as “holding separate exhibitions”); 2) organizing enterprises participating in international trade exhibitions and expositions
held by foreign countries.

Article 3

The China Commission for the Promotion of International Trade (hereinafter referred as “CCPIT” for short) is responsible for the examination,
approval, and administration of exhibitions held abroad.

Article 4

The Ministry of Foreign Trade and Economic Cooperation of the PRC (hereinafter referred as “MFTEC” for short) is responsible for the
macro-control of exhibitions held abroad, checking the credentials of exhibition organizers, and supervision and inspection of exhibitions
held abroad.

Chapter II Exhibition Organizers

Article 5

The CCPIT is responsible for organizing participants in the World Fair, registered or approved by the International Exhibition Bureau
in the name of the state, and is responsible for holding exhibitions abroad on behalf of the state. It may invite varies departments
of the State Council and local governments to organize enterprises and economic groups of varies regions and industries for participation.

Article 6

National chambers of commerce for import and export, and branches of the CCPIT in various industries, may hold exhibitions abroad,
but shall not go beyond their industries.

Article 7

If it is necessary to hold exhibitions abroad in the name of local governments, for the purpose of coordinating economic and trade
activities between local governments, the departments in charge of foreign economic and trade of all provinces, autonomous regions,
municipalities directly under the Central Government, cities directly under State planning (including former cities directly under
State planning) and special economic zones shall be responsible for organization and implementation, but shall not go beyond their
regions.

Article 8

Branches of the CCPIT in all provinces, autonomous regions, municipalities directly under the Central Government, cities directly
under State planning (including former cities directly under State planning) and special economic zones may hold exhibitions abroad,
but shall not go beyond their regions.

Article 9

Associations of foreign-funded enterprises approved by the MFTEC, professional exhibition companies, and other relevant entities may
hold exhibitions abroad within the scope as examined and approved by the MFTEC.

Chapter III Competence of Examination and Approval

Article 10

Plans for holding exhibitions abroad by the CCPIT, on behalf of the state, are submitted to the State Council for examination and
approval after being signed by the MFTEC, the Ministry of Foreign Affairs, and the Ministry of Finance. Other plans for holding exhibitions
abroad shall all be subject to the examination and approval of the CCPIT.

Chapter IV Procedures for Examination and Approval, and Record for Reference

Article 11

Management of examination and approval applies to the holding of exhibitions in those counties where exhibitions are centralized,
as well as those countries without diplomatic relations (hereinafter referred to as “countries by management of examination and approval”
for short). Management of record for reference applies to the holding of exhibitions in other countries (hereinafter referred to
as “countries by management of record for reference”).

Article 12

To hold exhibitions in countries by management of examination and approval, organizers should submit plans of holding exhibitions
to the CCPIT (a duplicate of the plan should be sent to the MFTEC) within the first 2 months of each quarter and no later than 6
months before the exhibition opens, and fill out the application for holding exhibitions abroad.

Article 13

The CCPIT examines the plans for holding exhibitions submitted by the organizers in the last month of each quarter (plans for the
first half of the following year are examined in June, plans for the second half of the following year are examined in September,
plans of next year late submitted are examined in December, plans late submitted of the year are examined and in March), and issues
ratification of holding exhibitions abroad. No more examinations will be added if there is no special situation.

Article 14

The CCPIT sends plans that have been approved upon examination to the MFTEC for countersignature. The MFTEC shall countersign the
plan within 10 workdays from the day of receipt. Plans of holding exhibitions in countries without diplomatic relations should be
sent to the Ministry of Foreign Affairs for countersignature at the same time.

Article 15

To hold exhibitions in countries by management of examination and approval, organizers should also submit an application of participating
members to the CCPIT for review, three months prior to the opening of the exhibition. The CCPIT shall review the application within
10 workdays of receipt and issue its review of participating members. A duplicate of the review should be sent to the MFTEC.

Article 16

To hold exhibitions in countries by management of record for reference, organizers should submit plans for holding exhibitions three
months before the exhibition opens, and fill out the application form for holding exhibitions abroad. The CCPIT should record the
application for reference in 10 workdays of receipt, and issue the record for reference of holding exhibitions abroad. A duplicate
of the record for reference should be sent to the MFTEC.

Article 17

Departments in charge of foreign economic and trade at all levels shall take the ratification or record of holding exhibitions abroad
issued by the CCPIT as the basis of issuing relevant exit certificates of exhibits; customs, entry and exit inspection and quarantine
institutions shall take the ratification or record of holding exhibition abroad issued by the CCPIC and relevant exit certificates
of exhibits as the basis of inspection and release of the exhibits; departments in charge of exchange control and authorized foreign
exchange banks at all levels shall take the ratification or record of holding exhibitions abroad issued by the CCPIT as the basis
of handling relevant procedures of foreign exchange usage and cancellation after verification.

Article 18

Departments of foreign economic and trade, foreign affairs and exchange control, and authorized administrations of foreign exchange
at all levels shall take the review of participating members or record of holding exhibitions abroad issued by the CCPIT as the basis
of handling procedures for participating members going abroad, for changing currencies or cancellation after verification.

Chapter V Criterions and Requirements of Examination and Approval

Article 19

The criteria for examining and approving exhibitions held abroad are: the demand of diplomacy or foreign economic and trade, political
and economic situation of the country where the exhibition is held, whether it is centralized to hold exhibitions in one country
or region, the predicted effect of the exhibition (exposition), how will the exhibitions be held, and how the participating enterprises
do in the exhibitions, the opinions of the Chinese embassies and consulates in those countries where the exhibition is held.

Article 20

The organizers should formulate feasible annual plans for holding exhibitions abroad and get the consent of the Chinese embassies
and consulates of the country where the exhibition is to be held.

Article 21

Departments in charge of foreign economic and trade of all provinces, autonomous regions, municipalities directly under the Central
Government, cities directly under State planning (including former cities directly under State planning) and special economic zones
may hold separate exhibitions, but not more than 2 in one year generally.

Article 22

In principle, two persons may attend the exhibition for each standard stall (3 ￿￿3 m2) for 4 days plus the longest exhibition period.
No participating enterprise may arrange for more persons to attend and the persons attending the exhibition may not stay longer than
prescribed unless approval has been obtained.

Article 23

No unit shall organize and hold exhibitions abroad without approval; once a plan for holding exhibitions is approved, it shall not
be changed or cancelled at will; if there is any change, the organizer shall inform the departments in charge of examination and
approval and the embassies and consulates of China in the country of exhibition.

Chapter VI Management of Exhibition Group

Article 24

Organizers should abide by the laws and regulations of China strictly, keep to their promises, lay stress on services and take charges
reasonably.

Article 25

Organizers should encourage enterprises to choose commodities of new and high technology, high added value and good marketability
to take part in the exhibition. Counterfeit commodities, fake or inferior commodities and commodities that violate other￿￿s intellectual
property right are forbidden to appear on exhibition.

Article 26

Organizers should lay stress on the effect of trade deals, and organize enterprises to carry out market research and trade negotiations
actively.

Article 27

Organizers should strengthen the management of members going abroad, organize participating members study disciplines of foreign affairs,
system of secrecy and etiquettes concerning foreign countries; traveling at public expenses in the name of holding exhibitions abroad
is strictly prohibited.

Article 28

Organizers should draw up strict management measures of the exhibition group and strengthen leadership to the exhibition group; organize
participating enterprises to display the exhibits and pay attention to the external image of the exhibition group; participating
members shall not leave their stands at will during the exhibition.

Article 29

Organizers should accept the leadership of embassies and consulates of China stationed in the country where the exhibition is held
and report to the embassies and consulates about the exhibition in time; strictly abide by laws and regulations of the country where
the exhibition is held, respect local customs and comply to varies rules of the exhibition (exposition).

Article 30

For exhibition groups composed of many organizers and large scale shows attending the same exhibition (exposition), the MFTEC shall
manage them by coordinating the rules of relevant exhibition units according to the circumstances.

Article 31

Organizers shall submit surveys and summaries of holding exhibition abroad to the CCPIT and the MFTEC in 1 month after the exhibition
ends. The CCPIT shall submit summaries of holding exhibitions abroad of last year to the State Council before the end of March every
year jointly with the MFTEC.

Chapter VII Punishments

Article 32

The CCPIT shall circulate a notice of criticism to organizers if they engage in one of the following acts but the circumstances are
not very serious:

1)

Holding exhibitions abroad without approval;

2)

Transferring the letter of ratification to others;

3)

Traveling at public expenses in the name of holding exhibitions abroad;

4)

Adding members of the exhibition group or extending the period abroad at will;

5)

Infringing the interest of the participating enterprises;

6)

Other acts against the rules that are not very serious.

Article 33

The CCPIT can break off plans of holding exhibitions abroad that have been approved if organizers engage in acts seriously against
the rules during the preparation of exhibitions.

Article 34

The CCPIT shall suspend the application for holding exhibitions abroad for 1 year if organizers engage in one of the following acts:

1)

Holding exhibitions abroad without approval and causing serious consequences;

2)

Altering, buying in and selling the letter of ratification for a profit or transferring the letter of ratification repeatedly;

3)

Seriously violating disciplines of foreign affairs, and finance and economics, and causing serious consequences.

4)

Infringing the interest of participating enterprises and having been complained repeatedly.

Article 35

The MFTEC shall render administrative punishments as canceling the qualification of holding exhibitions abroad if organizers engage
in one of the following acts:

1)

Holding exhibitions abroad without approval repeatedly;

2)

Counterfeiting the letter of ratification or altering, buying in and selling the letter of ratification for a profit repeatedly;

3)

Seriously harming the external image of our country in foreign countries;

4)

Having been published by the CCPIT repeatedly in 2 years;

5)

Other acts that are seriously against the rules.

Article 36

Legal responsibility of relevant members that violate the laws during holding exhibition abroad shall be investigated according to
the law.

Chapter VIII Supplementary Provisions

Article 37

The Measures come into effect as of the day of publishing and distribution. If relevant rules for holding exhibitions abroad put in
force before conflict with the Measures, the Measures shall prevail.

Article 38

Plans for holding exhibitions in Hong Kong, Macao Special Administrative Region and Taiwan shall still be examined and approved by
the MFTEC.

Attachment:Countries to Which Management of Examination and Approval of Holding Exhibitions Abroad is Applied

1.

Countries where exhibitions are centralized: Germany, Italy, France, Britain, Spain, Switzerland, Russia, Israel, the United Arab
Emirates, Japan, Korea, Thailand, Singapore, Egypt, South Africa, the United State, Brazil, Australia.

2.

Countries without diplomatic relations.



 
The China Commission for the Promotion of International Trade, the Ministry of Foreign Trade and Economic Cooperation
2001-02-15

 






INTERIM REGULATIONS ON PUNISHMENT FOR IMPAIRMENT OF STATE CURRENCY

DECISION OF THE STATE COUNCIL CONCERNING THE ESTABLISHMENT OF A MARITIME ARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE

Category  ARBITRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1958-11-21 Effective Date  1958-11-21  


Decision of the State Council of the People’s Republic of China Concerning the Establishment of a Maritime Arbitration Commission
Within the China Council for the Promotion of International Trade


Note:

(Adopted at the 82nd Meeting of the State Council on November 21, 1958)

    With a view to settling maritime disputes through arbitration, it is
necessary to set up an arbitral body within a relevant social organization. It
is hereby decided as follows:

    1. There shall be established within the China Council for the Promotion
of Internatinnal Trade a Maritime Arbitration Commission (Note (1)) to settle:

    a. disputes over the remuneration for salvage services rendered by
sea-going vessles to each other or by a sea-going vessel to a river craft or
vice versa;

    b. disputes arising from collisions between sea-going vessels or between
see-going vessels and river craft or from damages caused by sea-going vessels
to harbour structures or installations;

    c. disputes arising from chartering sea-going vessels, agency services
rendered to sea-going vessels, carriage by sea in virtue of contracts of
affreightment, bills of lading or other shipping documents, as well as
disputes arising from marine insurance.

    2. The Maritime Arbitration Commission takes cognizance of maritime
disputes in accordance with the relevant contracts, agreements and/or other
documents concluded between the disputing parties either prior or subsequent
to the occurrence of disputes.

    The Maritime Arbitration Commission may endeavour to settle through
mediation any dispute of which it has taken cognizance.

    3. The Maritime Arbitration Commission shall be composed of 21-31 members
to be selected and appointed by the China Council for the Promotion of
International Trade for a term of two years from among persons having special
knowledge in navigation, sea transportation, foreign trade, insurance and law.

    4. The Maritime Arbitration Commission shall elect a Chairman and 1-3
Vice-Chairmen from among its members.

    5. When a dispute is submitted for arbitration, the disputing parties
shall each choose an arbitrator from among the members of the Maritime
Arbitration Commission. The arbitrators so chosen shall jointly select from
among the members of the Maritime Arbitration Commission a presiding
arbitrator to form, in association with the arbitrators, an Arbitration
Tribunal to act in a body. The disputing parties may also jointly choose from
among the members of the Maritime Arbitration Commission a sole arbitrator to
form by himself a Tribunal to act singly.

    The disputing parties shall choose the arbitrators within the time fixed
by the Maritime Arbitration Commission or agreed upon between the parties, and
the arbitrators so chosen shall also select the presiding arbitrator within
the time fixed by the Maritime Arbitration Commission. If one of the parties
fails to choose an arbitrator within the prescribed time limit, the Chairman
of the Maritime Arbitration Commission shall then, upon the request of the
other party, appoint the arbitrator for the former party. If the arbitrators
so chosen or appointed cannot agree upon the choice of the presiding
arbitrator within the prescribed time limit, the Chairman of the Maritime
Arbitration Commission shall then select a presiding arbitrator for them.

    6. Either of the parties in dispute may authorize the Maritime Arbitration
Commission to choose for him an arbitrator who shall, jointly with the
arbitrator chosen by the other party, select a presiding arbitrator to form,
in association with the arbitrators, an Arbitration Tribunal to act in a body.
If, by mutual agreement, both parties jointly delegate the choice of
arbitrators to the Maritime Arbitration Commission, the Chairman of the
Maritime Arbitration Commission, may appoint a sole arbitrator to form by
himself a Tribunal to act singly.

    7. The disputing parties may appoint attorneys to protect their interests
during the proceedings of a case before the Maritime Arbitration Commission.

   Such attorneys may be citizens of the People’s Republic of China or foreign
citizens.

    8. In cases within the cognizance of the Maritime Arbitration Commission,
the Chairman of the Maritime Arbitration Commission may make decisions in
respect of measures of security and determine the amount and form of the
security for the claim.

    Upon the request of one of the parties, the People’s Court of the People’s
Republic of China shall enforce the decision referred to in the preceding
paragraph in accordance with the law.

    9. The Maritime Arbitration Commission may collect an arbitration fee not
exceeding two per cent of the amount of the claim.

    10. The award handed down by the Maritime Arbitration Commission is final
and neither party shall bring an appeal for revision before a court of law or
any other organization.

    11. The award by the Maritime Arbitration Commission shall be executed by
the parties themselves within the time fixed by the award. In case an award is
not executed after the expiration of the fixed time, the People’s Court of the
People’s Republic of China shall, upon the request of one of the parties,
enforce it in accordance with the law.

    12. Rules concerning the Procedure of Arbitration shall be formulated by
the China Council for the Promotion of International Trade.

Note:

    (1) Concerning the scope of cases to be taken cognizance of by the
Maritime Arbitration Commission, new provisions have been formulated by the
Notice of the General Office of the State Council which is issued on September
2, 1982. On June 21, 1988, the State Council renamed the Maritime Arbitration
Commission as the China Maritime Arbitration Commission, and agreed that the
rules of arbitration procedure shall be amended. – The Editor





SPECIFIC INSTRUCTIONS ON ENTRUSTMENT FOR AVERAGE ADJUSTMENT

REGULATIONS GOVERNING SUPERVISION AND CONTROL OF FOREIGN VESSELS BY THE PEOPLE’S REPUBLIC OF CHINA

RULES FOR THE IMPLEMENTATION OF THE INDIVIDUAL INCOME TAX LAW

Category  TAXATION Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1980-12-14 Effective Date  1980-09-10 Date of Invalidation  1994-01-28


Rules for the Implementation of the Individual Income Tax Law of the People’s Republic of China



(Approved by the State Council on December 10, 1980, promulgated by the

Ministry of Finance on December 14, 1980) (Editor’s Note: The Rules have been
replaced by the Regulation for Implementation of the Individual Income Tax Law
of the People’s Republic of China promulgated by Decree No. 142 of the State
Council on January 28, 1994, according to The Decision of the State Council
Repealing Some Administrative Regulations Promulgated Prior to the End of 1993
promulgated by Decree No. 154 of the State Council on May 16, 1994)

    Article 1  These Rules are formulated in accordance with the provisions
of Article 14 of the Individual Income Tax Low of the People’s Republic of
China (hereinafter referred to as the “Tax Law”).

    Article 2  “Any individual residing for one year or more in the  People’s
Republic of China” mentioned in Article 1 of the Tax Law means any individual
residing in China for 365 days within a tax year. No account shall be taken of
the number of days of temporary absence from Chinese territory during the tax
year.

    The above-mentioned “tax year” means each year of the Gregorian calendar
commencing on January 1 and ending on December 31.

    Article 3  Individuals residing in the People’s Republic of China for 1
year but not exceeding 5 years shall pay individual income tax only on the
portion of income received from sources outside China and remitted to China;
individuals whose period of residence in China exceeds 5 years shall,
commencing with the sixth year, pay tax on all income received from sources
outside China.

    Article 4  The scope of the categories of income mentioned in Article 2 of
the Tax Law shall be as follows:

    1. “Income from wages and salaries” means income from wages, salaries,
awards and year-end bonuses and other such income of individuals working in
agencies, organizations, schools, enterprises, institutions and other such
units.

    “Awards” mentioned in the preceding paragraph shall not include awards for
scientific, technological or cultural achievements.

    2. “Income from remuneration for personal services” means the income of
individuals engaged in designing, installation, drafting, medical practice,
legal practice, accounting, consulting, lecturing, news reporting,
broadcasting, free-lance writing, translating, calligraphy and painting,
sculpture, films, drama and opera, music, dancing, acrobatics, ballad singing
and comic talk, sports and technical services and other such personal services.

    3. “Income from royaties ” means income from the assignment of patent
rights, copyrights, rights to use proprietary technology and other such rights.

    4. “Income from interest, dividends and bonuses” means income from
interest on deposits, loans, and various kinds of bonds and debentures, income
from dividends and bonuses from investments.

    5. “Income from the leasing of property” means income from the leasing of
buildings, machinery and equipment, motorized vehicles and ships and other
kinds of property.

    6. “Other income” means income other than the preceding categories of
income that is subject to tax as determined by the Ministry of Finance of the
People’s Republic China.

    Article 5  The following categories of income from sources within China,
regardless of whether or not the place of payment is in China, shall be
subject to tax in accordance with the provisions of the Tax Law:

    1. Income of individuals from work and personal services performed in
China; however, remuneration obtained from employers outside China by
individuals whose continuous residence in China does not exceed 90 days shall
be exempt from tax.

    2. Dividends and bonuses received from sources within China by
individuals; however, dividends and bonuses derived from Chinese-foreign
equity joint ventures and from urban and rural cooperative organizations shall
be exempt from tax.

    3. Remuneration received by personnel sent to work abroad by governmental
agencies of all levels of the People’s Republic of China.

    4. Royalities and interest obtained from sources within China by
individuals, income from the leasing of property within China and other kinds
of income that are subject to tax as determined by the Ministry of Finance of
the People’s Republic of China.

    Article 6  A taxpayer receiving more than one category of taxable income
as described in Article 2 of the Tax Law shall calculate and pay tax for each
category separately.

    Article 7  A taxpayer receiving taxable income in the form of property or
securities shall calculate and pay tax on the monetary equivalent thereof
which shall be based on the market value at the time the income is received.

    Article 8  “Awards for scientific, technological and cultural
achievements” mentioned in Item 1, Article 4, of the Tax Law means awards
given to individuals by the Chinese Government or by Chinese or foreign
scientific, technological, cultural or other such organizations for inventive
creations in the fields of science, technology and culture.

    Article 9  “Interest on savings deposits in the state banks and credit
cooperatives of the People’s Republic of China” mentioned in Paragraph 2,
Article 4, of the Tax Law shall include interest on savings deposits in
Renminbi and in foreign currencies and interest on saving, deposits in other
banks entrusted by the state banks.

    Dividends received by individuals from investments in local development
(investment) companies in China shall also be exempt from tax if no extra
dividends are paid, provided that the dividends do not exceed the interest
on savings deposits in state banks and credit cooperatives.

    Article 10  “Salaries of diplomatic officials of foreign embassies and
consulates in China” mentioned in Paragraph 7, Article 4 of the Tax Law means
the salaries of diplomats in embassies of foreign countries in China, and of
consuls and other persons enjoying the similar treatment of diplomats.

    The exemption from tax on the salaries of other personnel of the embassies
and consulates of foreign countries in China shall be limited to the same kind
of treatment granted by those countries to other personnel in Chinese
embassies and consulates in those countries.

    Article 11  Individuals who do not reside in China shall pay tax on the
total amount of income received in China from personal services, royalties
and the leasing of property.

    Article 12  “The amount received in a single payment” as income from
remuneration for personal services, royalties or lease of property mentioned
in Article 5 of the Tax law means income from a lump-sum payment or income
from the performance of discrete work (service) assignments and received in a
single payment. Where payments of a continuing nature relating to the same
work (service) assignment cannot be divided into separate payments, all such
payments successively received within a month shall be aggregated as a single
payment.

    Article 13  When two or more persons jointly receive income from the same
source, each person shall separately deduct expenses relating to his
respective share of income in accordance with the provisions of the Tax Law
regarding the deduction of expenses.

    Article 14  Withholding agents making payments that are subject to tax
must withhold to tax in accordance with the provisions of the Tax Law remit
the tax to the Treasury within the time limit and maintain itemized records
for reference purposes.

    The payments subject to tax mentioned in the preceding paragraph shall
include cash payments, payments by remittance, transfer account payments and
cash value of payments made in securities or in kind.

    Article 15  Withholding agents and taxpayers personally filing tax returns
shall file tax returns within the period prescribed by the Tax Law. If, for
special reasons, such returns cannot be filed within the prescribed period, an
application shall be submitted within the prescribed period and, upon approval
by the local tax authorities, the filing period may be extended appropriately.

    The final day of the period for the filing of tax returns and the payment
of tax may be postponed until the next business day if the final day falls on
a public holiday.

    Article 16  Individuals residing in China for one year or more shall
calculate and pay tax on the taxable income received from sources inside China
separately from that received from sources outside China. The amount of taxes
shall be calculated after the deduction of expenses from the various
categories of income in accordance with the provisions of Article 5 of the Tax
Law.

    Taxpayers who have already paid income tax abroad on income received from
sources outside China may, upon presentation of a receipt for payment of the
tax, apply for a credit against the amount of income tax payable as
calculated according to the tax rate prescribed by the Tax Law of China.

    Article 17  Income received by an individual in the currency of a foreign
country shall be taxed on the equivalent amount converted into Renminbi
according to the foreign exchange rate quoted by the State General
Administration of Exchange Control on the day the receipt for the payment of
tax is issued.

    Article 18  Individuals liable to pay tax in China who wish to leave the
country shall pay the tax in full to the local tax authorities 7 days prior to
departure from China; only then may, they proceed with exit formalities.

    Article 19  Officials assigned by the tax authorities to conduct
investigations concerning tax payments by withholding agents or taxpayers
personally filing returns shall produce identification cards and undertake to
maintain confidentiality.

    Article 20  Local tax authorities shall issue income refund notices to
withholding agents each month with respect to the 1% handing fee to be paid to
the withholding agents as provided for in Article 10 of the Tax Law based on
the actual amount of tax withheld and shall complete refunding procedures at
the designated banks.

    Article 21  The tax authorities may, in light of the seriousness of the
case, impose a fine of 500 yuan or less on withholding agents and taxpayers
personally filing returns who violate the provisions of Article 9 of the Tax
Law.

    Article 22  The tax authorities may impose a fine of 500 yuan or less  on
withholding agents and taxpayers personally filing returns who violate the
provisions of Article 14 or 15 of these Rules.

    Article 23  Notice of the disposal of a violation shall be served in those
cases in which the tax authorities impose a fine in accordance with the
provisions of the Tax Law and these Rules.

    Article 24  When withholding agents and taxpayers personally filing
returns apply for reconsideration of a case in accordance with the provisions
of Article 13 of the Tax Law, the tax authorities shall decide upon the
disposal of the case within 3 months after receipt of the application.

    Article 25  Standardized income tax returns and tax payment receipts to be
used by individuals shall be printed by the General Taxation Bureau of the
Ministry of Finance of the People’s Republic of China.

    Article 26  The right to interpret these Rules shall reside with the
Ministry of Finance of the People’s Republic of China.

    Article 27  These Rules shall become effective on the same date of
promulgation and the effective date of the Individual Income Tax Law of the
People’s Republic of China.





ANNOUNCEMENT OF THE GENERAL ADMINISTRATION FOR INDUSTRY AND COMMERCE AND THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA REGARDING THE CRACKING DOWN ON SMUGGLING, SPECULATION, AND PROFITEERING IN IMPORTED AND EXPORTED

RULES FOR THE IMPLEMENTATION OF FOREIGN EXCHANGE CONTROL RELATING TO INDIVIDUALS

Category  BANKING Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1981-12-31 Effective Date  1981-12-31 Date of Invalidation  1996-04-01


Rules for the Implementation of Foreign Exchange Control Relating to Individuals



(Approved by the State Council on December 31,1981, promulgated by the

State Administration of Foreign Exchange Control on December 31,1981)
(Editor’s Note: These Rules have been annulled by Regulations of the People’s
Republic of China on Foreige Exchange Control promulgated on January 29, 1996
and effective as of April 1, 1996)

    Article 1  These Rules are formulated in order to implement the provisions
of Chapter III of the Interim Regulations on Foreign Exchange Control of the
People’s Republic of China.

    Article 2  When Chinese, foreign nationals and stateless persons residing
in China, receive foreign exchange remitted from foreign countries or from
Hong Kong, Macao or other regions, they must sell it to the Bank of China;
they shall be permitted to retain 10% in foreign exchange of each single large
remittance that is equivalent to 3,000 yuan or more in Renminbi.

    All owners shall enjoy the relevant preferential treatment for overseas
Chinese remittances with respect to the Renminbi that they receive through
sales of foreign exchange remittances to the Bank of China as mentioned above.

    Article 3  When entrusting the Bank of China, to repatriate the foreign
exchange that was kept in foreign countries or in Hong Kong, Macao or other
regions by Chinese residing in China prior to the founding of the People’s
Republic of China, by overseas Chinese prior to their returning to and
settling down in China, or by Hong Kong and Macao compatriots prior to their
returning to and settling down in their native places, and to repatriate the
foreign exchange received by inheriting property in foreign countries or in
Hong Kong, Macao or other regions by Chinese residing in China after the
founding of the People’s Republic of China, by overseas Chinese after their
returning to and settling down in China, or by Hong Kong and Macao compatriots
after their returning to and settling down in their native places, the owners
shall be permitted to retain 30% of the foreign exchange; as to the Renminbi
received after the remaining 70% is converted, the owners may enjoy the
relevant preferential treatment for overseas Chinese remittances.

    Foreign nationals and stateless persons residing in China, when entrusting
the Bank of China to repatriate foreign exchange that they have kept abroad
or that they have received by inheriting property outside China, shall be
permitted to retain a portion of the foreign exchange in accordance with
the percentage as stipulated in the preceding paragraph.

    Article 4  When overseas Chinese and Hong Kong and Macao compatriots, etc.
return to and settle down in China or in their native places, they shall be
permitted to retain 30% of the foreign exchange that they remit or bring into,
if they apply to the Bank within two months after their entry; as to the
Renminbi received after the remaining 70% is converted, the owners may enjoy
the relevant preferential treatment for overseas Chinese remittances. The
application for permission to retain a portion of the foreign exchange brought
into as mentioned above can be made only on the strength of the relevant
Customs declaration form.

    Article 5  When personnel sent by the State to work in foreign countries
or in Hong Kong, Macao or other regions return home upon completion of their
missions, they must promptly remit or bring back to China the remaining
foreign exchange from wages, allowances, etc. that belongs to them, and it
shall not be kept abroad; they shall be permitted to retain the foreign
exchange on the strength of certification issued by Chinese organizations
stationed abroad.

    Article 6  Students, trainees, postgraduate students, scholars, teachers,
coaches and other personnel who are sent by the State to study in foreign
countries or in Hong Kong, Macao or other regions must, upon their return,
promptly remit or bring back to China the remaining amount of the foreign
exchange that they have received during their stay abroad, and it shall not be
kept abroad; they shall be permitted to retain the foreign exchange that they
are enpost_titled to receive, on the strength of certification issued by Chinese
organizations stationed abroad.

    Article 7  The foreign exchange from fees for publication, copyright
royalties, awards, stipend, author’s remuneration, etc. earned by individuals
for publications of their inventions, writings and the like abroad, for
speeches and lectures made in their own names outside China, for their
contributions to foreign newspapers, magazines and specialized journals, etc.,
must promptly be repatriated and shall not be kept abroad; individuals shall
be permitted to retain the foreign exchange that they are enpost_titled to receive
according to the relevant provisions approved by the State Council or the
ministries or commissions concerned, or with the approval of the State
Administration of Foreign Exchange Control.

    Article 8  The foreign exchange that individuals are permitted to retain
under the preceding Articles must be deposited with the Bank of China. Such
deposits in foreign currency may be remitted abroad or may be taken abroad on
the strength of certification issued by the Bank of China; if these deposits
are converted into Renminbi, the owners may enjoy the relevant preferential
treatment for overseas Chinese remittances. However, these deposit
certificates may not, without authorization, be carried or sent out of China
either by holders or by others or by post.

    The foreign exchange retained by individuals may not be dealt with in
violation of the provisions in paragraph 2, Article 4 of the Interim
Regulations on Foreign Exchange Control of the People’s Republic of China.

    Article 9  Chinese, foreign nationals and stateless persons residing in
China shall be permitted to keep in their own possession the foreign exchange
already in China. However, such foreign exchange shall not, without
authorization, be carried or sent out of China by owners or others or by post;
if the owners need to sell the foreign exchange, they must sell it to the Bank
of China, and the matter shall be handled by applying mutatis mutandis the
provisions of Article 2 of these Rules.

    Article 10  The foreign exchange remitted or brought into China from
foreign countries or from Hong Kong, Macao or other regions by foreign
nationals coming to China, by overseas Chinese and Hong Kong and Macao
compatriots returning for a short stay, by foreign experts, technicians, staff
and workers engaged to work in China, and by foreign students and trainees,
etc., may be kept in their own possession, may be sold to or deposited with
the Bank of China, or may be remitted or taken out of China on the strength of
the original Customs declaration form filled out at the time of entry.

    Article 11  When foreign experts, technicians, staff members and workers
engaged to work in organizations within China need to apply for remitting or
taking abroad their foreign exchange, the Bank of China shall handle the
matter in accordance with the stipulations as provided in the relevant
contracts or agreements.

    Article 12  These Rules shall be promulgated and put into effect by the
State Administration of Foreign Exchange Control upon approval by the State
Council.





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE TIME LIMITS FOR HANDLING CRIMINAL CASES

Category  LITIGATION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1981-09-10 Effective Date  1981-09-10  


Decision of the Standing Committee of the National People’s Congress Regarding the Time Limits for Handling Criminal Cases

(Adopted on September 10, 1981)

    Since 1981, the time limits for bandling cases as stipulated in the
Criminal Procedure Law have begin to be carraied out comprehensively
throughout the country, and the great majority of criminal cases can be
concluded within the legally prescribed time limits. However, a small
number of criminal cases which are complicated or involve outlying areas
with poor oommunication have not been concluded within the legally
prescribed time limits because of poor communications, lack of manpower
or other such conditions. In view of this the 20th Meeting of the Standing
Committee of the Fifth National People’s Congress has decided, following
a suggestion made by the Supreme People’s Procuratorate and the Supreme
People’s Court, that criminal cases accepted after January 1, 1981 shall in
general be handled within the time limits for bandling cases as stipulated in
the Criminal Procedure Law, except for a small number of criminal cases
which are complicated or involve outlying areas with poor communications
and which cannot be handled within the time limits stipulated in the
Criminal Procedure Law for investigation, prosecution, adjudication of first
instance and adjudication of second instance; for such cases, the standing
committees of the people’s congresses of the provinces, autonomous regions,
and municipalities directly under the Central Government may, from 1981
through 1983, decide upon or approve an appropriate extension of the time
limits for bandling them.





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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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