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REGULATIONS OF THE CUSTOMS GENERAL ADMINISTRATION, THE MINISTRY OF FINANCE AND THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE CONCERNING SUPERVISION AND CONTROL OVER, AND LEVYING AND EXEMPTION OF DUTIES ON IMPORTS AND EXPORTS OF CHINESE-FOREIGN

INCOME TAX AND CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX FOR 14 COASTAL PORT CITIES, AS WELL AS THE FOUR SPECIAL ECONOMIC ZONES AND HAINAN ISLAND

CIRCULAR OF THE STATE COUNCIL ON STARTING LEVY OF IMPORT REGULATORY TAXES ON CERTAIN

ORGANIC LAW OF THE VILLAGERS COMMITTEE (FOR TRIAL IMPLEMENTATION)

Organic Law of the Villagers Committee of the People’s Republic of China (For Trial Implementation)

     (Effective Date:1988.06.01–Ineffective Date:)

   Article 1. This Law is formulated in accordance with the relevant provisions of the Constitution of the People’s Republic of China with a view
to ensuring self-government by the villagers in the countryside, who will administer their own affairs in accordance with the law,
and promoting socialist democracy at the grassroots level, socialist material development, and the building of an advanced socialist
culture and ideology in the rural areas.

   Article 2. The villagers committee shall be the primary mass organization of self-government, in which the villagers manage their own affairs,
educate themselves, and serve their own needs. It shall manage the public affairs and public welfare services of the village, mediate
disputes among the villagers, help maintain public order, and convey the villages’ opinions and demands and make suggestions to the
people’s government.

   Article 3. The people’s government of a township, a nationality township or a town shall give guidance, support and help to the villagers committees
in their work. The villagers committees, on their part, shall assist the above people’s government in its work.

   Article 4. The villagers committee shall support and organize the villagers in co-operative economic undertakings in various forms, such as
those for production, supply and marketing, credit or consumption, provide services and coordination for production in the village,
and promote the development of socialist production and construction and the socialist commodity economy in the countryside.

The villagers committee shall respect the decision-making power of collective economic organizations in conducting their economic
activities independently as prescribed by law, and safeguard the lawful right of property and other lawful rights and interests of
collective economic organizations, villagers, households operating under contract, associated households or partnerships.

The villagers committee shall, in accordance with the law, administer affairs concerning the land and other property owned collectively
by the villagers and disseminate knowledge among the villagers about a rational utilization of the natural resources and the protection
and improvement of the ecological environment.

   Article 5. The villagers committee shall publicize the Constitution and the laws, regulations and state policies among the villagers; persuade
them to perform their obligations as prescribed by law and to take good care of public property; safeguard the villagers’ lawful
rights and interests; promote unity and mutual assistance with other villages ; and carry out various forms of activities conducive
to the building of an advanced socialist culture and ideology.

   Article 6. In villages where people from more than one nationality live, the villagers committees shall persuade the villagers to enhance the
unity, mutual assistance and mutual respect between different nationalities.

   Article 7. Villagers committees shall be established on the basis of the distribution of the villagers and the sizes of the population and on
the principle of facilitating self-government by the masses.

Villagers committees shall generally be established in natural villages; several natural villages may jointly establish a villagers
committee; a large natural village may establish several villagers committees.

The establishment or dissolution of a villagers committee or a readjustment in the area governed by it shall be proposed by the people
‘s government of a township, a nationality township or a town and reported to a people’s

    





PROVISIONS FOR THE MONITORING AND CONTROL OF AIDS

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1988-01-14 Effective Date  1988-01-14  


Provisions for the Monitoring and Control of Aids



(Approved by the State Council on December 26, 1987, and promulgated

jointly by the Ministry of Public Health, the Ministry of Foreign Affairs,
the Ministry of Public Security, the State Education Commission, the National
Tourism Administration, the Civil Aviation Administration of China and the
State Bureau of Foreign Expert Affairs on January 14, 1988)

    Article 1  These Provisions are formulated in order to prevent AIDS from
entering, occuring and spreading in China so as to safeguard the health of the
Chinese people.

    Article 2  The objects subject to the monitoring and cotrol of AIDS as
defined in these provisions are:

    (1) victims of AIDS;

    (2) carriers of the AIDS virus;

    (3) suspects of AIDS and those who have close contact with persons as
defined in Items (1) and (2) of this Article;

    (4) blood, hemoproducts, toxicostrain, biological tissue, animals and
other articles that have been contaminated by the AIDS virus or may cause the
spreading of AIDS.

    Article 3  The health administrative departments at all levels shall be in
charge of AIDS monitoring and control within their respective jurisdiction.

    The public security organs, foreign affairs offices, Customs
establishments, tourist agencies, education departments, aviation, railway and
other transportation units as well as all the enterprises, institutions and
social organizations shall help the health administrative departments in
taking precautionary measures against the spread of AIDS.

    Article 4  Upon arrival, any passenger who enters China shall fill in a
health declaration card truthfully, and submit it to the health quarantine
organ for inspection.

    Article 5  When applying for entry visa, any foreign national who plans to
settle down in China or stay (or study) in China for one year or longer is
required to furnish the AIDS Serological Examination Certificate issued by a
public hospital or by a private hospital notarized by the notary office in the
country of origin and the said certificate must be authenticated by the
Chinese Embassy or consulate in that country. The certificate shall remain
valid for six months as of the date of issue.

    Foreign nationals who fail to undergo AIDS serological examination in
their home countries for lack of necessary conditions, must go to a designated
professional health organ for the examination within 20 days after entry.

    Article 6  Those foreign nationals who belong to the categories as defined
in Items (1) and (2) of Article 2 in these Provisions shall be barred from
entering China.

    Those who are not allowed to enter China but have already arrived at a
China border port, must leave the border as soon as possible by the same means
of transport or a means of transport of the country where they reside. If
necessary, China civil air, railways or other transportation departments shall
make arrangements for their departure. Before they leave the border, they must
be placed in isolation by the health quarantine organ at the border port.

    Article 7  Where any foreign nationals who stay in China are found to be
objects as defined in Items (1) and (2) of article 2 in these Provisions, the
local health administrative department may request the public security organ
to order them to leave China without delay.

    Article 8  Chinese citizens who have settled down abroad of have stayed
abroad for over one year (including those Chinese seamen working on foreign
vessels) and who intend to resettle down in China or stay in China for over
one year are required to go to a designated professional health organ for
physical checkup within two months after they return to China.

    Article 9  All units and persons are strictly prohibited from importing or
carrying in any articles as defined in Item (4) of Article 2 in these
Provisions. In the case of necessity, an application must be made to the
Ministry of Public Health for examination and approval.

    Article 10  The AIDS virus strain shall be kept and used by the units
designated by the Ministry of Public Health. Without permission by the
Ministry of Public Health, no unit or person shall be allowed to exchange,
pass on or use the virus strain within China.

    Article 11  Blood and hemoproducts must undergo AIDS antibody virus
monitoring. Carriers of AIDS virus are forbidden to donate their tissue,
organs, blood and seminal fluid.

    Article 12  The health administrative departments in all the provinces,
autonomous regions and municipalities directly under the Central Government
shall organize the monitoring of AIDS. The monitoring work shall mainly cover
the following fields:

    (1) collecting, processing and analyzing information of AIDS incidence;

    (2) carrying out serological examination among the target groups of
people;

    (3) making a survey and analysis of epidemiological factors.

    Article 13  When conducting AIDS serological examination, any syringe used
must be disposable. Other medical equipment must be thoroughly disinfected so
as to guard against iatrogenic infection.

    Article 14  As prescribed by the State, AIDS is an infectious disease that
must be reported.

    Article l5  When carrying out their official duties, if the civil
administration organ, the public security organ and the judicial organs find
any persons susceptible to the spread of AIDS, they must be sent right away to
the health department to undergo AIDS examinations.

    Article 16  Medical units must keep close watch for AIDS cases among the
visiting patients. If any suspect of AIDS is found, the case must be
diagnosed, treated and reported without delay.

    Article 17  Medical workers or health workers of preventive medicine or
medical treatment shall, after making a definite diagnosis of an AIDS case or
deciding on a case of AIDS suspect or a case of AIDS carrier, immediately
report the case to the local health and epidemic prevention organ. The latter
must report the case to the health administrative department at a higher level
within twelve hours.

    If any other people find any suspect of AIDS, it is required that they
report the case immediately to the local prevention, medical or health organ.

    No unit or person may conceal the case from or delay the report of the
case to the organs concerned.

    Article 18  When a health administrative department sends its officers to
make an investigation of AIDS, the units or persons concerned are duty-bound
to provide detailed information about the occurance, spreading, metastasis of
the disease and guarantee that the information is true and complete.

    Article 19  The health administrative department must verify the reported
information without delay. The material reported must include a diagnosis
issued by a designated professional health organ.

    Article 20  The nationwide information about AIDS incidence shall be
released by the Ministry of Public Health.

    Article 21  No unit or person may discriminate against AIDS victims, AIDS
virus carriers or their relatives. No information about the victims such as
their names, addresses, etc. shall be made public.

    Article 22  Every unit or person must follow the precautionary measures
taken by the health department for the purpose of preventing and checking the
incidence of AIDS.

    Article 23  When a hygiene organ, medical treatment organ or health organ
has found a person who belongs to the category of people defined in Item (1)
of Article 2 of these Provisions, it must place the person in isolation and
send him/her to a hospital designated by the health administrative department
for medical treatment.

    Article 24  When a hygiene Organ, medical treatment organ or health organ
has found a person who belongs to the category of people defined in Item (2)
or (3) of Article 2 of these Provisions, some or all of the following measures
must be taken according to the prevention requirements:

    (1) detention for physical checkup;

    (2) restriction on movement;

    (3) medical observation;

    (4) regular or irregular medical visits.

    Article 25  The dead body of an AIDS victim or an AIDS virus carrier must
be cremated locally.

    Article 26  The units or individuals concerned shall, under the
supervision and guidance of the health and prevention organ, exercise
disinfection to the secretion, excretion of AIDS victims or AIDS virus
carriers, and the articles and places, which they have come into contact with
and which might have been contaminated. If necessary, the disinfection shall
be conducted by the health and prevention organ itself.

    Article 27  When the hygiene, medical treatment or health organs perform
their duties as stipulated in Articles 23 and 24 of these Provisions, the
public security organs and other units concerned shall offer assistance.

    Article 28  Any unit or person that has committed any one of the following
acts in violation of the Provisions shall be punished by the health
administrative department in the form of a fine of no less than RMB 50 and no
more than RMB 3,000 and shall be forced to take precaution, treatment and
disinfection measures:

    (1) conceal the case of AIDS and evade examination;

    (2) spread AIDS with awareness that there exist AIDS cases or AIDS virus
carriers;

    (3) withhold from declaring articles brought in at the time of entry as
defined in Item (4) of Article 2 of these Provisions;

    (4) refuse to carry out the precaution and control measures against the
spread of AIDS as defined in Articles 23, 24, 25 and 26 of these Provisions.

    Article 29  For any violation of these Provisions that has resulted in the
spread of AIDS or the danger of spreading AIDS, criminal responsibility shall
be investigated by the judicial organs accorrding to law.

    Article 30  For the purpose of these Provisions, the definitions of the
following terms are:

    (1) “AIDS” means acquired immunity deficiency syndrome.

    (2) “AIDS victim” means a person whose reaction to AIDS virus antibody is
positive and clinically a conditioned infection or malignant tumour is
diagnosed.

    (3) “AIDS virus carrier” means a person whose reaction to AIDS virus
antibody is positive but with no symptoms of AIDS or without enough symptoms
to be diagnosed as AIDS victim.

    (4) “foreign national” means a person who does not have Chinese
nationality as defined in “The Nationality Law of the People’s Republic of
China”.

    Article 31  A fee shall be charged, according to relevant regulations, for
the service of taking prevention measures and giving medical treatment or
examination.

    Article 32  The right to interpret these Provisions resides in the
Ministry of Public Health.

    Article 33  These Provisions shall go into effect as of the date of
promulgation.





INTERIM REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON STAMP TAX

The State Council

Decree of the State Council of the People’s Republic of China

No. 11

Interim Regulations of the People’s Republic of China on Stamp Tax adopted by the 9th Executive Meeting of the State Council on June
24, 1988 are hereby promulgated and shall come into force as of the day of October 1, 1988.

Premier of the State Council, Li Peng

August 6, 1988

Interim Regulations of the People’s Republic of China on Stamp Tax

Article 1

All units and individuals who execute or receive, within the territory of the People’s Republic of China, documents in the categories
specified in these Regulations shall be taxpayers subject to stamp tax (hereinafter referred to as “taxpayers”), and shall pay stamp
tax in accordance with the provisions of these Regulations.

Article 2

The following categories of documents shall be taxable documents:

(1)

Contracts or documents in the nature of a contract with regard to: purchases and sales, the undertaking of processing, contracting
for construction projects, property leasing, commodity transport, warehousing, loans, property, insurance, technology;

(2)

Documents for transfer of property rights;

(3)

Business account books;

(4)

Certificates evidencing rights or licenses; and

(5)

Other documents that are taxable as determined by the Ministry of Finance.

Article 3

According to the nature of the taxable document, taxpayers shall calculate the amount of tax due on the basis of a flat tax rate or
a fixed amount per document. Determination the specific tax rate or amount of tax shall be made with reference to the Schedule of
Tax Items and Tax Rates accompanying these Regulations.

No stamp tax shall be due where the amount of tax payable does not exceed one jiao.

Where the amount of tax payable is one jiao or more, an odd amount not exceeding five fen shall not be counted; where the odd amount
is five fen or more, the tax shall be calculated as one jiao.

Article 4

The following documents shall be exempt from stamp tax:

(1)

Duplicates or copies of documents on which stamp tax has already been paid;

(2)

Documents executed for the donation of property to the government, social welfare establishments or schools by the property owner;

(3)

Other documents which are exempt from stamp tax with the approval of the Ministry of Finance.

Article 5

Measures for the payment of stamp tax shall be implemented whereby taxpayers shall, in accordance with the provisions, calculate the
amount of tax payable and purchase and affix at one time the full corresponding amount of tax stamps (hereinafter referred to as
“stamping”).

In order to simplify the stamping procedures where the amount of tax to be paid is relatively large or where frequent stamping is
necessary, taxpayers may apply to the tax authorities to use a tax payment account instead of stamping, or a periodic payment method.

Article 6

“Fax stamps shall be affixed to taxable documents; taxpayers shall cancel each stamp along its border with a seal or a drawn line.

Tax stamps that have already been affixed may not be reused.

Article 7

Tax stamps shall be affixed to taxable documents at the time of execution or upon receipt.

Article 8

Where the same document is executed by two or more parties and each party holds a copy; each party shall be responsible for affixing
on its own copy the full amount of tax stamps due.

Article 9

Where a document on which tax stamps have already been affixed is amended, resulting in an increase in the value thereof, additional
tax stamps shall be affixed on the document in accordance with the amount of such increase.

Article 10

The tax authorities shall be responsible for the administration of the collection of stamp tax.

Article 11

The State Administration of Taxation shall supervise the printing of the tax stamps. The face value of tax stamps shall be denominated
in Renminbi.

Article 12

Units issuing or processing taxable documents shall be responsible for the supervision to taxpayers in respect of the payment of stamp
tax in accordance with the law.

Article 13

Where taxpayers are found to have engaged in any of the following, the tax authorities shall impose penalties in light of the seriousness
of the case:

(1)

In the case of a failure to affix tax stamps, or to affix an insufficient amount of tax stamps, on taxable documents, the tax authorities
may, in addition to ordering taxpayers to make up the tax stamps, impose a fine equal to twenty times or less the amount of tax stamps
due;

(2)

In the case of a violation of the provisions of Paragraph 1 of Article 6 of these Regulations, the tax authorities may impose a fine
equal to ten times or less the amount of the tax stamps that have not been cancelled by a seal or a drawn line; and

(3)

In the case of a violation of the provisions of Paragraph 2 of Article 6 of these Regulations, the tax authorities may impose a fine
equal to thirty times or less the amount of the tax stamps that have been reused.

In a case where tax stamps have been forged, the tax authorities shall submit the matter to the judicial authorities for investigation
into criminal liability in accordance with the law.

Article 14

The collection and administration of stamp tax shall, in addition to the provisions of these Regulations, be administered in accordance
with the pertinent provisions of the Interim Regulations of the People’s Republic of China on Administration of Tax Collection.

Article 15

The Ministry of Finance shall be responsible for the interpretation of these Regulations. The rules for the implementation of these
Regulations shall be formulated by the Ministry of Finance.

Article 16

These Regulations shall enter into force as of October 1, 1988.

htm/e02809.htmAttachment

￿￿

￿￿

Attachment:

Stamp Tax Schedule of Tax Items and Tax Rates

￿￿

Tax Item

Scope

Tax Rate

Tax Payer

1. purchases and sales contracts

including contracts for supply, advanced sales,institutional purchases, combined purchase and cooperative manufacturing,assembly
compensation trade,barter, and so on.

0.03% of the value of the or sale

parties to the contract

2. processing contracts

including contracts for processing, special orders, repair and renovation,overhaul, printing,advertising,surveying,testing
and so on.

stamping as 0.05% of the income from processing or contracting

parties to the contract

3. survey and design contracts for engineering and construction projects

including contracts for survey and design

0.05% of receipts

parties to the contract

4.construction and installation project contracts

including contracts for constraction and installation undertaking

0.03% of the contracted amount

parties to the contract

5. property leasing contracts

including contracts for leasing of buildings, vessels, aircraft, motor vehicles, machinery, appliances and other
such equipment

0.1% of the lease amounts less than one yuan to be stamped as one yuan

parties to the contract

6. goods transportation contracts

including contracts for civil aviation, railway transportation, maritime transportation. inland water ways, overland
and through transportation

0.05% of the transportation fees

parties to the contract

7. warehousing and safekeeping contracts

including contracts for warehousing and safekeeping

0.01% of the ware housing and safekeeping fee

parties to the contract

8. contracts for loan

including contracts for loan entered by banks and other financial organizations and borrowers except interbank loan
agreements

0.005% of the loan amount

parties to the contract

9. property insurance contracts

including insurance contracts for property,bonding,guarantee, surety and credit undertakings and so on

0.003% of the amount insured

parties to the contract

10. technology contracts

including contracts for technology development and transfer, consulting, service, and so on

0.03% of the indicated amount

parties to the contract

11. property transfer documents

including transfer documents for property ownership and copyrights, trademark rights, patents, the right to the
use of proprietary technology and so on

0.05% of the amount indicated

parties executing the document(s)

12. business accounting documents

account books used for production and business operations

account books for recording funds:0.05% of the total amount of the original value of fixed assets and selfowned
working capital; other account books: 5 yuan for each

business accounting entities

13.certificates and licences

including certificates of post_title for building business licences for buildings, in industry and commerce, certificates
for registration of trade-marks, certificates of patents, and land use certificates

5 yuan per document for

receiver(s) of the document(s)



ENVIRONMENTAL PROTECTION LAW

Environmental Protection Law of the People’s Republic of China

    

(Effective Date 1989.12.26)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II SUPERVISION AND MANAGEMENT OF THE ENVIRONMENT

CHAPTER III PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT

CHAPTER IV PREVENTION AND CONTROL OF ENVIRONMENTAL

POLLUTION AND OTHER PUBLIC HAZARDS

CHAPTER V LEGAL LIABILITY

CHAPTER VI SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is formulated for the purpose of protecting and improving people’s environment and the ecological environment,
preventing and controlling pollution and other public hazards, safeguarding human health and facilitating the development
of socialist modernization.

   Article 2. ” Environment ” as used in this Law refers to the total body of all natural elements and artificially transformed natural
elements affecting human existence and development, which includes the atmosphere, water, seas, land, minerals,
forests, grasslands, wildlife, natural and human remains, nature reserves, historic sites and scenic spots, and urban and
rural areas.

   Article 3. This Law shall apply to the territory of the People’s Republic of China and other sea areas under the jurisdiction
of the People’s Republic of China.

   Article 4. The plans for environmental protection formulated by the state must be incorporated into the national economic
and social development plans; the state shall adopt economic and technological policies and measures
favourable for environmental protection so as to coordinate the work of environmental protection with
economic construction and social development.

   Article 5. The state shall encourage the development of education in the science of environmental protection, strengthen
the study and development of the science and technology of environmental protection, raise the scientific
and technological level of environmental protection and popularize scientific knowledge of environmental protection.

   Article 6. All units and individuals shall have the obligation to protect the environment and shall have the right to
report on or file charges against units or individuals that cause pollution or damage to the environment.

   Article 7. The competent department of environmental protection administration under the State Council shall conduct unified
supervision and management of the environmental protection work throughout the country.

The competent departments of environmental protection administration of the local people’s governments at or above the
county level shall conduct unified supervision and management of the environmental protection work within areas
under their jurisdiction.

The state administrative department of marine affairs, the harbour superintendency administration, the
fisheries administration and fishing harbour superintendency agencies, the environmental protection department
of the armed forces and the administrative departments of public security, transportation, railways and civil
aviation at various levels shall, in accordance with the provisions of relevant laws, conduct supervision and management
of the prevention and control of environmental pollution.

The competent administrative departments of land, minerals, forestry, agriculture and water conservancy of
the people’s governments at or above the county level shall, in accordance with the provisions of relevant laws, conduct
supervision and management of the protection of natural resources.

   Article 8. The people’s government shall give awards to units and individuals that have made outstanding achievements in protecting
and improving the environment.

CHAPTER II SUPERVISION AND MANAGEMENT OF THE ENVIRONMENT

   Article 9. The competent department of environmental protection administration under the State Council shall establish
the national standards for environment quality.

The people’s governments of provinces, autonomous regions and municipalities directly under the Central
Government may establish their local standards for environment quality for items not specified in the national standards
for environment quality and shall report them to the competent department of environmental protection administration under
the State Council for the record.

   Article 10. The competent department of environmental protection administration under the State Council shall, in accordance
with the national standards for environment quality and the country’s economic and technological conditions, establish
the national standards for the discharge of pollutants. The people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government may establish their local standards
for the discharge of pollutants for items not specified in the national standards; with regard to items already specified
in the national standards, they may set local standards which are more stringent than the national standards and report
the same to the competent department of environmental protection administration under the State Council for the record.

Units that discharge pollutants in areas where the local standards for the discharge of pollutants have been established
shall observe such local standards.

   Article 11. The competent department of environmental protection administration under the State Council shall establish a monitoring
system, formulate the monitoring norm and, in conjunction with relevant departments, organize a monitoring network
and strengthen the management of environmental monitoring. The competent departments of environmental protection
administration under the State Council and governments of provinces, autonomous regions and municipalities directly
under the Central Government shall regularly issue bulletins on environmental situations.

   Article 12. The competent departments of environmental protection administration of the people’s governments at or above the
county level shall, in conjunction with relevant departments, make an investigation and an assessment of the
environmental situation within areas under their jurisdiction, draw up plans for environmental protection which
shall, subject to overall balancing by the department of planning, be submitted to the people’ s government at the
same level for approval before implementation.

   Article 13. Units constructing projects that cause pollution to the environment must observe the state provisions concerning environmental
protection for such construction projects.

The environmental impact statement on a construction project must assess the pollution the project is likely to
produce and its impact on the environment and stipulate the preventive and curative measures; the statement
shall, after initial examination by the authorities in charge of the construction project, be submitted by specified
procedure to the competent department of environmental protection administration for approval. The department
of planning shall not ratify the design plan descriptions of the construction project until after
the environmental impact statement on the construction project is approved.

   Article 14. The competent departments of environmental protection administration of the people’s governments at or above the county
level or other departments invested by law with power to conduct environmental supervision and management shall be
empowered to make on-site inspections of units under their jurisdiction that discharge pollutants. The units being
inspected shall truthfully report the situation to them and provide them with the necessary information. The inspecting
authorities shall keep confidential the technological know-how and business secrets of the units inspected.

   Article 15. Work for the prevention and control of the environmental pollution and damage that involve various administrative
areas shall be conducted by the relevant local people’s governments through negotiation, or by decision of the
people’s government at a higher level through mediation.

CHAPTER III PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT

   Article 16. The local people’s governments at various levels shall be responsible for the environment quality of areas under their
jurisdiction and take measures to improve the environment quality.

   Article 17. The people’s governments at various levels shall take measures to protect regions representing various types
of natural ecological systems, regions with a natural distribution of rare and endangered wild animals and
plants, regions where major sources of water are conserved, geological structures of major scientific and cultural
value, famous regions where karst caves and fossil deposits are distributed, traces of glaciers, volcanoes and hot
springs, traces of human history, and ancient and precious trees. Damage to the above shall be strictly forbidden.

   Article 18. Within the scenic spots or historic sites, nature reserves and other zones that need special protection, as designated
by the State Council, the relevant competent department under the State Council, and the people’s governments of provinces,
autonomous regions and municipalities directly under the Central Government, no industrial production installations
that cause environmental pollution shall be built; other installations to be built in these areas must not exceed
the prescribed standards for the discharge of pollutants. If the installations that have been built discharge more
pollutants than are specified by the prescribed discharge standards, such pollution shall be eliminated or controlled
within a prescribed period of time.

   Article 19. Measures must be taken to protect the ecological environment while natural resources are being developed or utilized.

   Article 20. The people’s governments at various levels shall provide better protection for the agricultural environment by preventing
and controlling soil pollution, the desertification and alkalization of land, the impoverishment of soil, the deterioration
of land into marshes, earth subsidence, the damage of vegetation, soil erosion, the drying up of sources of
water , the extinction of species and the occurence and development of other ecological imbalances, by extending
the scale of a comprehensive prevention and control of plant diseases and insect pests, and by promoting a rational
application of chemical fertilizers, pesticides and plant growth hormone.

   Article 21. The State Council and the people’s governments at various levels in coastal areas shall provide better protection for
the marine environment. The discharge of pollutants and the dumping of wastes into the seas, the construction
of coastal projects, and the exploration and exploitation of offshore oil must be conducted in compliance with
legal provisions so as to guard against the pollution and damage of the marine environment.

   Article 22. The targets and tasks for protecting and improving the environment shall be defined in urban planning.

   Article 23. In urban and rural construction, vegetation, waters and the natural landscape shall be protected and attention paid to the construction
of gardens, green land and historic sites and scenic spots in the cities in the light of the special features of the local
natural environment.

CHAPTER IV PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION AND OTHER PUBLIC HAZARDS

   Article 24. Units that cause environmental pollution and other public hazards shall incorporate the work of environmental protection
into their plans and establish a responsibility system for environmental protection, and must adopt effective measures
to prevent and control the pollution and harms caused to the environment by waste gas, waste water, waste residues, dust,
malodorous gases, radioactive substances, noise, vibration and electromagnetic radiation generated in the
course of production, construction or other activities.

   Article 25. For the technological transformation of newly-built industrial enterprises and existing industrial enterprises,
facilities and processes that effect a high rate of the utilization of resources and a low rate of the discharge
of pollutants shall be used, along with economical and rational technology for the comprehensive utilization
of waste materials and the treatment of pollutants.

   Article 26. Installations for the prevention and control of pollution at a construction project must be designed, built and commissioned
together with the principal part of the project. No permission shall be given for a construction project to
be commissioned or used, until its installations for the prevention and control of pollution are examined and considered
up to the standard by the competent department of environmental protection administration that examined
and approved the environmental impact statement.

Installations for the prevention and control of pollution shall not be dismantled or left idle without authorization.
If it is really necessary to dismantle such installations or leave them idle, prior approval shall be obtained from
the competent department of environmental protection administration in the locality.

   Article 27. Enterprises and institutions discharging pollutants must report to and register with the relevant authorities in accordance
with the provisions of the competent department of environmental protection administration under the State Council.

   Article 28. Enterprises and institutions discharging pollutants in excess of the prescribed national or local discharge standards
shall pay a fee for excessive discharge according to state provisions and shall assume responsibility for eliminating
and controlling the pollution. The provisions of the Law on Prevention and Control of Water Pollution shall be complied
with where they are applicable.

The income derived from the fee levied for the excessive discharge of pollutants must be used for the
prevention and control of pollution and shall not be appropriated for other purposes. The specific measures thereof shall be
prescribed by the State Council.

   Article 29. If an enterprise or institution has caused severe environmental pollution, it shall be required to eliminate and control
the pollution within a certain period of time.

For enterprises and institutions directly under the jurisdiction of the Central Government or the people’s government
of a province, an autonomous region, or a municipality directly under the Central Government, the decision on
a deadline for the elimination or control of pollution shall be made by the people’s government of the province, autonomous
region and the municipality directly under the Central Government. For enterprises and institutions under the jurisdiction
of a people’s government at or below the city or county level, such decision shall be made by the people’s
government of the city or county. Such enterprises and institutions shall accomplish the elimination or control of
pollution within the specified period of time.

   Article 30. A ban shall be imposed on the importation of any technology or facility that fails to meet the requirements specified
in the regulations of our country concerning environmental protection.

   Article 31. Any unit that, as a result of an accident or any other exigency, has caused or threatens to cause an accident of
pollution, must promptly take measures to prevent and control the pollution hazards, make the situation known to
such units and inhabitants as are likely to be endangered by such hazards, report the case to the competent department
of environmental protection administration of the locality and the departments concerned and accept their investigation and
decision.

Enterprises and institutions that are likely to cause severe pollution accidents shall adopt measures for effective prevention.

   Article 32. If the safety of the lives and property of inhabitants is endangered by severe environmental pollution, the competent
department of environmental protection administration of the local people’s government at or above the county level
must promptly report to the local people’s government. The people’s government concerned shall take effective
measures to remove or alleviate the hazard.

   Article 33. The production, storage, transportation, sale and use of toxic chemicals and materials containing radioactive substances must
comply with the relevant state provisions so as to prevent environmental pollution.

   Article 34. No unit shall be permitted to transfer a production facility that causes severe pollution for use by a unit that
is unable to prevent and control pollution.

CHAPTER V LEGAL LIABILITY

   Article 35. Any violator of this Law shall, according to the circumstances of the case, be warned or fined by the competent
department of environmental protection administration or another department invested by law with power to
conduct environmental supervision and management for any of the following acts:

(1) refusing an on-site inspection by the competent department of environmental protection administration
or another department invested by law with power to conduct environmental supervision and management, or resorting
to trickery and fraud while undergoing inspection;

(2) refusing to report or submitting a false report on items for which declaration is required by the competent
department of environmental protection administration under the State Council;

(3) failing to pay, as provided for by the state, the fee for the excessive discharge of pollutants;

(4) importing technology or a facility that fails to meet the requirements specified in the state provisions concerning
environmental protection; or

(5) transferring a production facility that causes severe pollution for use by a unit that is unable to prevent and control
pollution.

   Article 36. When a construction project is commissioned or put to use in circumstances where facilities for the prevention and control
of pollution either have not been completed or fail to meet the requirements specified in state provisions, the
competent department of environmental protection administration responsible for the approval of the environmental
impact statement on the construction project shall order the suspension of its operations or use and may concurrently
impose a fine.

   Article 37. A unit which dismantles or leaves idle the installations for the prevention and control of pollution without prior
approval by the competent department of environmental protection administration, thereby discharging pollutants
in excess of the prescribed discharge standards, shall be ordered by the competent department of environmental
protection administration to set up the installations or put them to use again, and shall concurrently be fined.

   Article 38. An enterprise or institution which violates this Law, thereby causing an environmental pollution accident, shall be
fined by the competent department of environmental protection administration or another department invested by law
with power to conduct environmental supervision and management in accordance with the consequent damage; in a serious
case, the persons responsible shall be subject to administrative sanction by the unit to which they belong or by the competent
department of the government.

   Article 39. An enterprise or institution that has failed to eliminate or control pollution by the deadline as required shall, as provided
for by the state, pay a fee for excessive discharge; in addition, a fine may be imposed on it on the basis of the
damage incurred, or the enterprise or institution may be ordered to suspend its operations or close down.

The fine as specified in the preceding paragraph shall be decided by the competent department of environmental
protection administration. An order for the suspension of operations or shut-down of an enterprise or institution
shall be issued by the people’s government that set the deadline for the elimination or control of pollution.
An order for the suspension of operations or shut-down of an enterprise or institution directly under the jurisdiction
of the Central Government shall be submitted to and approved by the State Council.

   Article 40. A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification
on such a decision, apply for reconsideration to the department next higher to the authorities that imposed the sanction;
if the party refuses to accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration
decision, bring a suit before a people’s court. A party may also bring a suit directly before a people’s court within
15 days of receiving the notification on the sanction. If, upon the expiration of this period, the party has not applied
for reconsideration or has neither brought a suit before a people’s court nor complied with the sanction, the authorities
that imposed the sanction may apply to the people’s court for compulsory enforcement.

   Article 41. A unit that has caused an environmental pollution hazard shall have the obligation to eliminate it and make compensation to
the unit or individual that suffered direct losses.

A dispute over the liability to make compensation or the amount of compensation may, at the request of the
parties, be settled by the competent department of environmental protection administration or another department
invested by law with power to conduct environmental supervision and management. If a party refuses to accept the decision
on the settlement, it may bring a suit before a people’s court. The party may also directly bring a suit before the people’s
court.

If environmental pollution losses result solely from irresistable natural disasters which cannot be averted even after
the prompt adoption of reasonable measures, the party concerned shall be exempted from liability.

   Article 42. The limitation period for prosecution with respect to compensation for environmental pollution losses shall be
three years, counted from the time when the party becomes aware of or should become aware of the pollution losses.

   Article 43. If a violation of this Law causes a serious environmental pollution accident, leading to the grave consequences of
heavy losses of public or private property or human injuries or deaths of persons, the persons directly responsible
for such an accident shall be investigated for criminal responsibility according to law.

   Article 44. Whoever, in violation of this Law, causes damage to natural resources like land, forests, grasslands, water, minerals, fish,
wild animals and wild plants shall bear legal liability in accordance with the provisions of relevant laws.

   Article 45. Any person conducting supervision and management of environmental protection who abuses his power, neglects his duty
or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs
or the competent higher authorities; if his act constitutes a crime, he shall be investigated for criminal responsibility
according to law.

CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 46. If an international treaty regarding environmental protection concluded or acceded to by the People’s Republic
of China contains provisions differing from those contained in the laws of the People’s Republic of China,
the provisions of the international treaty shall apply, unless the provisions are ones on which the People’s
Republic of China has announced reservations.

   Article 47. This Law shall enter into force on the date of promulgation. The Environmental Protection Law of the People’s
Republic of China (for Trial Implementation) shall be abrogated therefrom.

    





CIRCULAR FOR STRENGTHENING THE CONTROL OF BORROWING INTERNATIONAL COMMERCIAL LOANS

PROVISIONS CONCERNING THE ADMINISTRATION OF ACHIEVEMENTS IN SURVEY AND DRAWING

Category  URBAN AND RURAL CONSTRUCTION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1989-03-21 Effective Date  1989-05-01  


Provisions of the People’s Republic of China Concerning the Administration of Achievements in Survey and Drawing



(Promulgated by Decree No. 32 of the State Council of the People’s

Republic of China on March 21, 1989 and effective as of May 1, 1989)

    Article 1  These Provisions are formulated with a view to strengthening
the administration of achievements in survey and drawing, ensuring the
rational use of achievements in survey and drawing, and increasing the
economic and social benefits of survey and drawing so as to render a better
service in socialist modernization.

    Article 2  The “achievements in survey and drawing”, as mentioned in these
Provisions, refer to the following achievements in basic survey and drawing
and in specialized survey and drawing that are completed on land, at seas and
oceans, and in space:

    (1) the data and pictures from astronomical survey, geodetic survey,
geodetic survey completed on artificial satellites, and gravitational survey;

    (2) the data, recorded on negatives and magnetic tapes, that are collected
from aerial survey and airborne remote sensing survey;

    (3) various kinds of maps (including topographic maps, ordinary maps, land
registry maps, sea charts, and other relevant specialized maps);

    (4) the data and pictures from engineering survey;

    (5) other relevant geographical data; and

    (6) technical data directly related to achievements in survey and drawing.

    Article 3  The competent authorities for the administration of survey and
drawing under the State Council shall be in charge of the administration of
and supervision over the achievements in survey and drawing of the whole
country, and shall also be responsible for the organizational work for the
reception, collection, sorting out, storage, and provision for use, on a
nationwide scale, of the achievements in basic survey and drawing and the
relevant achievements in specialized survey and drawing.

    The competent authorities for the administrition of survey and drawing
under the people’s governments of various provinces, autonomous region, and
municipalities directly under the Central Government shall be in charge of the
administration of and supervision over the achievements in survey and drawing
within their respective admistrative areas, and shall also be responsible for
organizational work for the reception, collection, sorting out, storage, and
provision for use, within their respective admistrative areas, of the
achievements in basic survey and drawing and the relevant achievements in
specialized survey and drawing.

    The departments concerned under the State Council and the departments
concerned under the people’s governments of various provinces, autonomous
regions, and municipalities directly under the Central Government shall be
responsible for the administration of the achievements in specialized survey
and drawing of their respective departments.

    The competent authorities for the administration of survey and drawing in
the armed forces shall be responsible for the administration of the
achievements in survey and drawing in military departments.

    Article 4  With respect to achievements in survey and drawing, scientific
administration shall be practised, rules and regulations be instituted and
perfected and modern scientific and technical means be employed so as to
provide the achievements for timely, accurate, safe and convenient use.

    Article 5  The achievements in survey and drawing shall, in light of their
different natures – those open to the public (i.e. to be openly used, or
openly published), and those kept from the public (i.e. to be used only within
restricted departments, or kept confidential), be administered in accordance
with the relevant requisitions of the State.

    Article 6  The security classification, adjustment, and
declassification of achievements in basic survey and drawing shall be
promulgated by the competent authorities for the administration of survey and
drawing under the State Council after the competent authorities for the
administration of survey and drawing under the State Council and the competent
authorities for the administration of survey and drawing in the armed forces
have jointly consulted with the competent authorities for guarding secrets of
both the State and the armed forces.

    The security classification, adjustment, and declassification of
achievements in specialized survey and drawing shall be determined by the
department concerned for the administration of achievements in specialized
survey and drawing and they shall also be reported to the competent
authorities for the administration of survey and drawing at the same level for
the record; and their classes of security shall not be lower than those of the
originally used geographical base maps and of other achievements in basic
survey and drawing.

    Various departments and units must, in using classified achievements in
survey and drawing, carry out administration in accordance with the relevant
laws and regulations of the State on guarding secrets. In the event that
classified achievements in survey and drawing have to be used openly, they
must go through the process of declassification in accordance with the
relevant regulations of the State.

    The destruction of classified achievements in survey and drawing shall be
approved by the person in charge of the competent authorities at or above the
county level of the user unit of the said achievements in survey and drawing.
The classified achievements in survey and drawing to be destroyed shall be
duly registered and recorded, and then destroyed under supervision; and the
destruction shall also be reported, for the record, to the administrative
department that had provided the said achievements.

    Article 7  With respect to the achievements in basic survey and drawing
and the relevant achievements in specialized survey and drawing made by the
departments concerned under the State Council and by the local departments
concerned, the departments mentioned above must submit annually, in accordance
with pertinent provisions, to the competent authorities for the administration
of survey and drawing under the State Council or to the competent authorities
for the administration of survey and drawing under the people’s governments
of various provinces, autonomous regions, and municipalities under the Central
Government, a catalogue or its duplicate listing the following achievements:

    (1) a catalogue and its duplicate (one copy of each) of the data and
pictures from astronomical survey, geodetic survey, geodetic survey completed
on artificial satellites, and gravitational survey;

    (2) a catalogue (one copy) of the data, recorded on negatives and magnetic
tapes, that are collected from aerial survey and airborne remote sensing
survey;

    (3) a catalogue (one copy) of topographic maps, ordinary maps, land
registry maps, sea charts, and other important specialized maps;

    (4) various kinds of officially printed maps (in duplicate);

    (5) a catalogue (one copy) of the data and pictures collected from survey
of important engineering projects.

    Article 8  The achievements – made in survey and drawing by foreigners
independently or in cooperation with the departments concerned of the People’s
Republic of China, within the territory of the People’s Republic of China, or
outside the land territory of China, in the sea areas that are under the
jurisdiction of the People’s Republic of China, with the approval of the
goverment of the People’s Republic of China or the approval of a department
authorized by it – shall be administered in accordance with these Provisions.
The propretary rights of the aforesaid achievements are stipulated as follows:

    (1) the achievements made in survey and drawing by foreigners
independently or in cooperation with the departments concerned of the People’s
Republic of China within the territory of the People’s Republic of China shall
all belong to the People’s Republic of China;

    (2) the achievements made in survey and drawing by foreigners in
cooperation with the departments concerned of the People’s Republic of China,
outside the land territory of China, in the sea areas under the jurisdiction
of the People’s Republic of China shall, on the premise of not violating these
Provisions, be shared between the two parties concerned in accordance with the
stipulations in the relevant contract;

    (3) with respect to those achievements made in survey and drawing by
foreigners independently outside the land territory of the People’s Republic
of China, in the sea areas under the jurisdiction of the People’s Republic of
China, the aforesaid foreigners must provide the competent authorities for the
administration of survey and drawing of the People’s Republic of China with a
duplicate or a reproduction of all the achievements made in their survey and
drawing.

    Article 9  Where a unit has the necessity to make use of the achievements
in basic survey and drawing made by other provinces, autonomous regions, or
municipalities directly under the Central Goverment, the said unit shall go
through the procedures for the use of the aforesaid achievements in survey and
drawing by presenting an official letter written by the competent authorities
for the administration of achievements in survey and drawing of the province,
autonomous region, or municipality directly under the Central Goverment where
the unit is located, to the competent authorities for the administration of
achievements in survey and drawing of the province, autonomous region, or
municipality directly under the Central Government where the achievements have
been made.

    Where a unit has the necessity to make use of the achievements in
specialized survey and drawing of other provinces, autonomous regions, or
municipalities directly under the Central Government, the case shall be
handled in accordance with the procedures stipulated by the department, under
whose administration the aforesaid achievements in specialized survey and
drawing are placed.

    Article 10  Where a military department has the necessity to make use of
the achievements in survey and drawing made by government departments, the
case shall be handled in a unified manner by the competent authorities for the
administration of achievements in survey and drawing under the Headquarters of
the General Staff, or by the competent authorities for the administration of
achievements in survey and drawing under military region or the services, in
cooperation with the competent authorities for the administration of
achievements in survey and drawing under the people’s governments of the
various provinces, autonomous regions, and municipalities directly under the
Central Government.

    Where a government department or a unit has the necessity to make use of
the achievements in survey and drawing made by military departments, the case
shall be handled by the competent authorities for the administration of
achievements in survey and drawing under the State Council, or by the
competent authorities for the administration of achievements in survey and
drawing under the people’s governments of the various provinces, autonomous
regions, or municipalities directly under the Central Government, in
cooperation with the competent authorities for the administration of
achievements in survey and drawing under the Headquarters of the Central
Staff, or with the competent authorities for the administration of
achievements in survey and drawing under military region or the services.

    Article 11  The compent authorities for achievements in survey and drawing
shall be responsible for the quality control and administration of the
achievements in survey and drawing made within the boundaries of their own
administration areas. The achievements in survey and drawing made by the
various departments and units concerned must be subject to the procedures for
checking up and acceptance; and only those which are up to the standard shall
be provided for use.

    Article 12  The provisions of achievements in survey and drawing shall be
non-gratutous. The procedures and the rate of fees for the non-gratutous
provision of achievements in survey and drawing shall be stipulated
seperately, after consultation with the administrative department for the
achievements in survey and drawing in question, by the competent authorities
for the administration of achievements in survey and drawing under the State
Council in conjunction with the competent authorities for the administration
of commodity prices.

    Article 13  Achievements in survey and drawing shall not be duplicated,
transferred or lent out without permission. Where it is truely necessary to
duplicate, transfer or lend out achievements in survey and drawing, the
approval from the department that is to provide the needed achievements in
survey and drawing must be obtained; where the classified achievements in
survey and drawing are duplicated, they must be subjected to the
administration corresponding to the original security class.

    As regards achievements in survey and drawing made through entrustment by
unit, the trustee unit may not duplicate, reprint, transfer, or publish the
said achievements without the permission of the entrusting unit.

    Article 14  When a department concerned under the State Council provides
a foreign party with achievements in survey and drawing of the People’s
Republic of China that have not yet become open, the said department must
submit the case, for approval, to the competent authorities for the
administration of achievements in survey and drawing. When a local department
or unit concerned provides a foreign party with achievements in survey and
drawing of the People’s Republic of China that have not yet become open, the
said department or unit must submit the case, for approval, to the competent
authorities for the administration of achievements in survey and drawing under
the people’s government of a province, an autonomous region, or a municipality
directly under the Central Government. In order to safeguard the security and
secrets of important military installations, the specific measures for all
units which submit for examinations any achievements in survey and drawing to
be provided for the use of a foreign party and that have not yet become open
shall comply with the pertinent provisions of the State Council.

    Article 15  The important geographical data (including position, altitude,
depth, area, and length) collected in the territory of the People’s Republic
of China and in sea areas under the jurisdiction of the People’s Republic of
China, shall be submitted, for examination and verification, to the competent
authorities for the administration of achievements in survey and drawing under
the State Council, and then to the State Council for approval before they are
published by the State Council or by its authorized agencies.

    Article 16  Units and individuals that have made great contributions to,
or achieved remarkable results in, the administration of achievements in
survey and drawing shall be commended or rewarded.

    Article 17  If the inferior quality of the achievements in survey and
drawing has resulted in losses on the part of the user, the unit that has
undertaken the said survey and drawing shall compensate for the direct
economic losses mentioned above, and be responsible for conducting
supplementary survey and drawing; if the case is serious, the competent
authorities for the administration of avhievements in survey and drawing
shall impose a fine on the said unit or revoke its corresponding
qualifications for survey and drawing.

    article 18  any unit that has committed one of following acts shall be
given administrative sanctions in accordance with the following provisions:

    (1) with respect to a unit which, in violation of the state privisions on
the rate of fees for the provision of achievements in survey and drawing, has
raised and collected without authorization the charges for achievements in
survey and drawing, the illegal gains of the said unit shall be confiscated
in accordance with the provisions of the Regulations of the People’s Republic
of China on the Control of Prices, and a fine equal to 3 to 5 times the said
illegal gains may be imposed concurrently;

    (2) with respect to a unit which has been held responsible for a major
divulgence of classified achievements in survey and drawing, the competent
authorities for the administration of achievements in survey and drawing shall
issue a circular criticizing the said unit, and the responsibilities of the
person-in-charge of the said unit shall be investigated in accordance with the
provisions of Article 19 of these Provisions;

    (3) with respect to a unit which has duplicated, transferred, or lent out
achievements in survey and drawing without the approval from the department
that provides the said achievements, the competent authorities for the
administration of achievements in survey and drawing shall issue a circular
criticizing the said unit, and a fine may also be imposed concurrently.

    Article 19  An individual who has committed any of the following acts
shall be given administrative sanction by the unit where he/she work, or by
its higher competent authorities; if the act has constituted a crime, the
criminal responsibilities of the offender shall be investigated by judicial
organs according to law:

    (1) an individual who has lost classified achievements in survey and
drawing, or who is held responsible for the divulgence of secret achievements
in survey and drawing;

    (2) an individual who, in violation of the stipulation in Article 14 of  
these Provisions regarding the procedures for examination and approval, has
provided without permission a foreign party with achievements in survey and
drawing that have not yet become open;

    (3) the administrative personel who have failed to carry out their duties
in safeguarding achievements in survey and drawing and caused great losses or
damage to the achievements in survey and drawing; or they have provided,
without permission, those achievements that have not yet become open;

    (4) an individual who has lost achievements in survey and drawing or
divulged secrets in this regard and caused serious consequences, and the
person-in-charge of the unit who fails to investigate and deal with such
incidents.

    Article 20  If a party concerned refuses to accept the decision on
administrative sanction, he/she may, within 15 days from the next day of the
receipt of the notification on the administrarive sanction, apply for
reconsideration to the competent administrative department at a higher level
than the department that has made the said administrative sanction; if the
said party does not accept the decision made after the reconsideration,
he/she may, within 15 days from the next day of the receipt of the
reconsideration decision, bring a suit before a people’s court; the party
concerned may also directly bring a suit before a people’s court within 15
days beginning from the second day of the receipt of the sanction decision;
if the party concerned neither brings a suit before the court, nor carries
out the sanction decision, the competent administrative department that made
the sanction decision shall apply to the people’s court for compulsory
enforcement.

    Article 21  The people’s governments of the provinces, autonomous regions,
and municipalities directly under the Central Government, the departments
concerned under the State Council, and the armed forces may formulate rules
for the implementation of these Provisions in accordance with these Provisions
and in the light of their respective conditions.

    Article 22  The rights to interpret these Provisions shall reside in the
competent authorities for the administration of survey and drawing under the
State Council.

    Article 23  These Provisions shall go into effect on May 1, 1989.





PROVISIONS OF THE HAINAN SPECIAL ECONOMIC ZONE FOR LAND LEASING AND TRANSFERENCE OF LEASEHOLD

Provisions of the Hainan Special Economic Zone for Land Leasing and Transference of Leasehold

     (Effective Date:1990.03.26–Ineffective Date:)

CONTENTS

CHAPTER I GENERAL PRINCIPLES

CHAPTER II LEASING OF USE-RIGHTS TO STATE-OWNED LAND

CHAPTER III TRANSFERENCE OF LEASEHOLD ON STATE-OWNED LAND

CHAPTER IV SUBLEASING OF LEASEHOLD ON STATE-OWNED LAND

CHAPTER V MORTGAGING OF STATE-OWNED LAND USE-RIGHTS

CHAPTER VI TRANSFERENCE, RENTING OUT AND MORTGAGING OF USE-RIGHTS TO ADMINISTRATIVE – HELD LAND

CHAPTER VII LEASING AND TRANSFERENCE OF RIGHT TO USE COLLECTIVE-OWNED LAND

CHAPTER VIII LEGAL LIABILITIES

CHAPTER IX SUPPLEMENTARY PULES

CHAPTER I GENERAL PRINCIPLES

   Article 1. In consideration of the needs of the Hainan Special Economic Zone (SEZ) for development and construction and for the rational development,
use, management and protection of land, the provincial People’s Government adopts the Provisions of the Hainan Special Economic Zone
for Land Leasing and Transference of leasehold (referred to as Provisions hereinafter) in accordance with the Law of Land Administration
of the People’s Republic of China and other related laws and regulations and with reference to the actual conditions of the SEZ.

   Article 2. Land referred to in the Provisions comprises the developed and undeveloped arable land, forest land, grassland, surface waters, shallows,
barren mountains, wasteland and land sites for construction.

   Article 3. On the principle of separation of land use-rights from land ownership, the SEZ practices a tenured land lease system which allows
transference of leaseholds. Public installations and underground resources, treasure troves and hidden wealth are not included in
the sphere of land leasing and leasehold transference as referred to in the provisions.

Land under lease or be further transferred still belong to the ownership of the state of the People’s Republic of China or the collectives
of laboring masses.

   Article 4. Businessmen from outside the People’s Republic of China and enterprises, institutions, government organs, social bodies and other
establishments and individuals at home can acquire land use-rights in accordance with the Provisions and by performing the procedures
required for land leasing and transference of leasehold.

The land lessee may, in accordance with the Provisions, transfer, sublease or mortgage the landuse-rights to others, or use the right
as contributing factors in establishing joint equity or cooperative ventures with other units or individuals.

Activities of land development, use

    





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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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