REGULATIONS OF FINANCIAL INSTITUTIONS ON SPOT AND FORWARD FOREIGN CURRENCY TRANSACTIONS ON BEHALF OF CLIENTS
THE STATE COUNCIL’S OFFICIAL REPLY CONCERNING THE RENAMING OF THE FOREIGN ECONOMIC AND TRADE ARBITRATION COMMISSION AS THE CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION AND THE AMENDMENT OF ITS ARBITRATION RULES
REGULATIONS CONCERNING THE HYGIENE SUPERVISION OVER COSMETICS
| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-11-13 | Effective Date | 1990-01-01 |
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Regulations Concerning the Hygiene Supervision Over Cosmetics |
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Chapter I General Provisions
Chapter II Hygiene Supervision over the Production of Cosmetics
Chapter III Hygiene Supervision over Cosmetics Sales
Chapter IV The Organ for Hygiene Supervision over Cosmetics and Its
Chapter V Penalty Provisions
Chapter VI Supplementary Provisions
(Approved by the State Council on September 26, 1989, and issued by
Decree No. 3 of the Ministry of Public Health on November 13, 1989)
Chapter I General Provisions
Article 1 These Regulations are formulated to strengthen hygiene
supervision over cosmetics so as to ensure hygiene quality and safety use of
cosmetics and to safeguard the consumers’ health.
Article 2 The term “Cosmetics” referred to in these Regulations means
those daily used chemical products applied on the surface of any part of the
human body (such as skin, hair, nails and lips) by way of smearing, spraying
or other similar methods to keep the body clean, to get rid of undesirable
smell, to protect the skin, to make up the face and to increase the beauty of
the appearence.
Article 3 The State shall enforce hygiene supervision over cosmetics. The
health administrative department under the State Council is in charge of the
nationwide hygiene supervisory work on cosmetics while the health
administration departments at or above county government level are in charge
of the hygiene supervisory work on cosmetics within their respective
jurisdiction.
Article 4 All units or persons who are engaged in the production and
business of cosmetics must abide by these Regulations.
Chapter II Hygiene Supervision over the Production of Cosmetics
Article 5 The State shall exercise hygiene supervision over the
enterprises engaged in the production of cosmetics by means of Hygiene License
system. Hygiene License for the Production Enterprise of Cosmetics shall be
approved and issued by the hygiene administration department at the
provincial, autonomous regional or municipal (directly under the Central
Government) level.
The term of validity of a Hygiene License for the Production Enterprise of
Cosmetics is four years and it must be verified after two years.
No enterprise shall be allowed to engage in the production of cosmetics
without a Hygiene License.
Article 6 A production enterprise of cosmetics must meet the following
hygiene requirements:
(1) it must be built in a clean area and away from areas contaminated with
poisonous or other harmful matters at a certain distance as required by the
relevant hygiene regulations;
(2) the production building must be strong and clean. The ceiling, walls
and floors inside the workshop must be built with smooth and glazed material.
The workshop must be well-lit and have necessary facilities and equipment to
kill rats and insects and to prevent them from causing harm to the products
and from multiplying;
(3) it must have adequate depository for materials and finished products
and workshops of appropriate capacity for processing and packing purposes;
(4) the workshops must be equipped with the necessary facilities to meet
the specific requirements of the products, and the technological process must
meet the hygiene standard;
(5) it must have testing instruments and qualified technical personnel to
carry out microbiological test on its cosmetic products.
Article 7 The staff and workers directly involved in the production of
cosmetics are required to have a physical check-up every year. Only those who
hold a health certificate shall be allowed to engage in the production.
Any worker who suffers from ringworm of fingers, ringworm of finger-nails,
hand eczema, hand scale, effusive dermatosis, dysentery, typhoid, virus
hepatitis, and active tuberculosis shall not allowed to be directly engaged in
the production of cosmetics.
Article 8 The materials and additives needed in the making of cosmetics
and the immediate containers and packing materials of cosmetics must meet the
State hygiene standards.
Article 9 Before a new kind of material is used to make cosmetics, an
application must be made to the health administrative department under the
State Council for approval.
“New kind of material” refers to natural or synthetic materials that are
used to make cosmetics for the first time in China.
Article 10 The production of special cosmetics must be approved by the
health administrative department under the State Council. Only after an
approval document is obtained from this department can the factory start the
production.
“Special Cosmetics” refer to those substance used for hair nourishment,
hair-dye, hair perm, hair removing, breast massage, deodorant, fading cream
and antisunburn lotion.
Article 11 Before putting its cosmetic products onto the market, the
producer is required to conduct hygiene quality examination in accordance with
the Hygiene Standard for Cosmetics formulated by the State and mark the
qualified products. The products that are not examined or are not up to the
required hygiene standard are not allowed to be shipped out of the factory.
Article 12 On the label of a cosmetic product, the name of the product,
the name of the producer and the serial number of the hygiene license for the
production enterprise must be clearly stated; on the smaller package or the
specification sheet, the date of production and expiry must be stated. In the
case of special cosmetic products, the approval document number must also be
printed. In the case of cosmetics that may cause undesirable reactions,
warnings and instructions on the use of the product must be stated in the
specification sheet. No indications, curative effect and medical terms are
allowed to be written on the label, on the inner packing or on the
specification sheet of cosmetic products.
Chapter III Hygiene Supervision over Cosmetics Sales
Article 13 No unit or person in the cosmetics business shall be allowed
to sell cosmetics of the following kinds:
(1) the cosmetics produced by an enterprise without a Hygiene License for
the Production Enterprise of Cosmetics;
(2) the cosmetics without a quality tag;
(3) the cosmetics of which the label, the smaller package or the
specification sheet does not conform to the rules stipulated in Article 12 of
these Regulations;
(4) the special cosmetics without an approval document;
(5) the cosmetics that has expired.
Article 14 The following content shall not be allowed to be included in
cosmetic advertising:
(1) exaggerating the effectiveness of the cosmetic product through its
chosen name and the description of its production method, its properties and
efficacy;
(2) giving a guarantee in the name of other people or giving a hint to
lure consumers into misunderstanding the efficacy of the product;
(3) advertising the medical efficacy of the cosmetic product.
Article 15 When a cosmetic product is imported for the first time, the
importing unit is required to submit to the health administrative department
under the State Council the relevant information such as the specifications,
the quality standard, and the method of testing, and a sample of that
cosmetics together with a production license issued by the official department
of the exporting country (or region). Only after an approval by the health
administrative department under the State Council is obtained can the
importing unit sign the import contract.
Article 16 All imported cosmetics are subject to inspection by the State
Bureau of Import and Export Commodities Inspection. Only those qualified
cosmetics are allowed to be imported.
Cosmetics imported in small quantity for personal use shall follow the
import formalities in accordance with Customs regulations.
Chapter IV The Organ for Hygiene Supervision over Cosmetics and Its
Duties
Article 17 The health administration departments at all govermnent levels
shall exercise hygiene supervision over cosmetics. They shall entrust an
inspection organ to carry out the specific hygiene supervisory work within
their jurisdiction.
Article 18 The health administrative department under the State Council
shall invite research specialists and experts from medical units, production
enterprises and health administration organs to form an appraisal group for
the safety of cosmetics. They shall make appraisal of the safety of imported
cosmetics, special cosmetics and the new ingredients of cosmetics. Besides,
they make technical investigation in the hazardous results of cosmetics of
poor quality.
Article 19 The health administration departments at all levels shall
appoint cosmetic hygiene supervisors to exercise hygiene supervision over
cosmetics. Cosmetics hygiene supervisors shall be selected by the health
administrative department under the State Council, at the provincial,
autonomous regional or municipal (directly under the Central Government) level
from among qualified hygiene personnel and shall be issued with badges and
identity cards.
Article 20 When carrying out their duties, the cosmetic hygiene
supervisors are required to wear their badges and show their identity cards.
They must keep confidential the technical data presented by the production
enterprises.
Article 21 Cosmetic hygiene supervisors are vested with the right to
conduct sample testing of the cosmetics of any production or business unit.
They may ask for information of cosmetic safety that is related to their
hygiene supervisory work. No unit shall refuse to provide or withhold the
facts, or to present false material.
Article 22 The health administration departments, the cosmetic hygiene
supervisors or the hygiene supervision and inspection organs at all levels are
not allowed to have a hand in the production, sale or supervision of the
making of cosmetics in the form of technical consultancy, technical service
and under any other pretences.
Article 23 If any medical treatment unit finds out any cases who suffer
from undesirable effect after using a certain cosmetics, it is required to
make a report to the local health administration department.
Chapter V Penalty Provisions
Article 24 If any production enterprise without a Hygiene License for the
Production Enterprise of Cosmetics is found to have made cosmetics without
authorization, it shall be ordered to stop production and its products and
illegal earnings shall be confiscated and a fine 3 to 5 times the illegal
profits shall be imposed on it.
Article 25 If any production enterprise without holding an approval
document is found to have produced special cosmetics or have used prohibited
materials or any new ingredients that had not been previously approved, its
products and illegal earnings shall be confiscated and a fine 3 to 5 times
their illegal profits shall be imposed on it. It may be ordered to stop
production or to have its Hygiene License for the Production Enterprise
of Cosmetics revoked.
Article 26 Those who import or sell imported cosmetics that have not been
approved or examined shall be punished by having their goods and illegal
earnings confiscated and by a fine 3 to 5 times their illegal profits.
As for those enterprises holding an approval document for the production
of special cosmetics, if they violate these provisions and the case is serious
enough, their approval document shall be revoked.
Article 27 Those who produce or sell any cosmetics that are not up to the
State Hygiene Standard for Cosmetics shall be punished by having their
products and illegal earnings confiscated and by a fine 3 to 5 times their
illegal profits.
Article 28 If any production enterprise or business enterprise violates
other rules of these Regulations, they shall be given a warning and be ordered
to correct their wrong doings within a prescribed period of time; if the case
is serious enough, in the case of a production enterprise, it shall be ordered
to stop production or to have its Hygiene License for the Production
Enterprise of Cosmetics revoked; and, in the case of a business enterprise, it
shall be ordered to stop business, have its illegal earnings confiscated and
be punished by a fine 2 to 3 times their illegal profits.
Article 29 Disciplinary sanctions for violation of these Regulations
shall be decided by the health administration departments at or above the
county level. Disciplinary sanctions for violation of Article 14 of these
Regulations shall be decided by the administration department for industry and
commerce.
The punishment by revocation of the Hygiene License for the Production
Enterprise of Cosmetics shall be decided by the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Govemment) level. The punishment by revocation of the approval
document for the production of special cosmetics shall be decided by the
health administrative department under the State Council. The fine and
confiscation shall all be turned over to the State treasury and the products
confiscated shall be disposed under the supervision of the health
administration department.
Article 30 If the party concerned does not accept the disciplinary
sanction imposed by the health administration department, it may appeal to the
health administration department at a higher level for a review of the case
within 15 days after receiving the notification of the sanction. The higher
health administration department is required to give a reply within 30 days.
If it is still not satisfied with the decision made by the health
administration at the higher level, it may bring a suit to the people’s court
within 15 days after receiving the notification of the reconsideration, but it
must carry out at once the order of the health administration department about
confiscation of their products and suspension of production. If upon the
expiration of this period, the party has neither applied for reconsideration
nor complied with the sanction, the health administration department may
request the people’s court to take enforcement at law.
Article 31 In the case that the consumer is harmed physically or poisoned
as a result of violation of these Regulations, the production enterprise, the
business enterprise or the persons who are directly responsible for the
consequences must compensate for the loss. If the case has produced serious
consequences, the party responsible shall be prosecuted for criminal
responsibility by the judicial organs in accordance with the law.
Article 32 Any cosmetic hygiene supervisor who abuses his power or
engages in malpractices for personal gains or discloses the technical data
provided by the enterprise shall be subject to disciplinary sanctions; and if
the case is serious enough to constitute a crime, he shall be prosecuted for
criminal responsibility according to law.
Chapter VI Supplementary Provisions
Article 33 Hygiene supervision work over the cosmetics produced and put
to sale on the market by any units in the People’s Liberation Army shall be
conducted in accordance with these Regulations.
Article 34 The right to interpret these Regulations resides in the health
administration departrnent under the State Council and the rules for the
implementation of these Regulations shall be formulated by the health
administration department under the State Council.
Article 35 These Regulations shall come into force as of January 1, 1990.
PROVISIONS FOR THE CONTROL OF BAND ACCOUNTS OPENED ABROAD BY ENTERPRISES WITH FOREIGN INVESTMENT
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The State Administration of Foreign Exchange Provisions for the Control of Band Accounts Opened Abroad by Enterprises with Foreign investment March 1, 1989 Pursuant to the relevant stipulations of the “Rules for the Implementation of Foreign Exchange Control Relating to Enterprises with Article 1 An enterprise with foreign investment (hereinafter referred to as “enterprise”) that wishes to open bank accounts abroad out of actual Article 2 As used in Article 1 , “actual business and operational needs” refer to one of the following cases: 1. If an enterprise has regular receipts in small amounts abroad and needs to open bank accounts there to put these receipts together 2. If an enterprise has regular disbursements in small amounts abroad-in this case, the receipts entered in the accounts shall consist 3. If an enterprise has to open bank accounts abroad out of special business requirements. Article 3 In applying to the exchange control authorities for approval to open bank accounts abroad, an enterprise shall submit the following 1. an application affixed by the enterprise’s official seal and signed by the legal representative of the enterprise or a person authorized 2. a certificate issued by a public accountant registered in China confirming that the enterprise’s capital has been fully paid up according 3. the document of approval issued by the competent authorities if the enterprise has set up a representative office with resident personnel 4. the measures adopted by the enterprise to manage its bank accounts abroad. Article 4 The enterprise shall open its accounts abroad with a bank in the country or region where its foreign exchange receipts and payments Article 5 The enterprise shall maintain complete and effective control over its receipts and payments abroad and shall adopt effective managerial Article 6 The enterprise must use its own name in opening bank accounts abroad and is not allowed to transfer its funds to the accounts of other Article 7 The exchange control authorities shall examine and determine the scope of receipts and disbursements to be covered by the enterprise’s Article 8 The enterprise that opens bank accounts abroad with the approval of the exchange control authorities shall submit to the said authorities, Article 9 Within 30 days after the expiry of the using period of its bank accounts abroad, the enterprise must submit to the exchange control Article 10 The SAFE branch office that has approved an enterprise’s application to open bank accounts abroad shall submit the relevant data to Article 11 The enterprise shall submit photocopies of the opening bank’s statements, together with a statement of fund and its application, to Article 12 In accordance with the “Rules for the Implementation of Penalty of Offenses Against Exchange Control” and on the merit of each case, 1. If the enterprise has exceeded the scope approved by the exchange control authorities in using its bank accounts abroad; 2. If it has failed to submit on time the bank statements or other materials required by the exchange control authorities; 3. If it has opened bank account abroad without authorization; or 4. If it has violated these Provisions. Article 13 The right to interpret these Provisions resides in the SAFE. Article 14 These Provisions shall enter into force on March 1, 1989. |
The State Administration of Foreign Exchange
1989-03-01
PROVISIONS OF THE CUSTOMS ON THE CONTROL OF LUGGAGE AND ARTICLES CARRIED BY CHINESE PERSONNEL ENTERING AND LEAVING THE COUNTRY
| Category | CUSTOMS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-09-06 | Effective Date | 1989-09-10 |
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Provisions of the Customs on the Control of Luggage and Articles Carried by Chinese Personnel Entering and Leaving the Country |
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Provisions
Appendix: Table of Restricted Quantities for Articles to Be Carried
Notes:
(Approved by the State Council on August 28, 1989 and promulgated by
the General Customs Administration on September 6, 1989)
Provisions
Article 1 These Provisions are formulated in order to show consideration
for the reasonable needs of the personnel sent abroad by the State to work
or study (hereinafter referred to as “the personnel going abroad”), and to
strengthen the control of articles the importation of which is restricted by
the State.
Article 2 The luggage and articles carried by the personnel entering
or leaving the country shall be restricted to those for personal use and
within reasonable quantities. The personnel going abroad, while entering the
country, shall be given the preferential treatment of exemption from duty
for the luggage and articles they carry along that belong to the varieties
and within the quantities stipulated in the Table of Restricted Quantities
for Articles to be Carried into the Country by the Personnel Going Abroad,
attached to these Provisions as an appendix (hereinafter referred to as “the
Table of Restricted Quantities”). The personnel going abroad, who have worked
or studied abroad, for every 6 months (i.e. 180 days), shall be permitted
to carry into the country duty-free two articles – one article each from
Category 4 and Category 5, as listed in the Table of Restricted Quantities;
the aforesaid personnel going abroad are permitted to enjoy the said
preferential treatment for four successive years at most. This time limit,
however, does not apply to the personnel sent abroad to carry out an
economic-aid program or to fulfil a labour contract. With respect to personnel
temporarily going abroad, who stay abroad for less than 6 months (i.e. 180
days), they.shall be permitted to carry into the country, after paying the
duty, two articles – one article each from Category 4 and Category 5, as
listed in the Table of Restricted Quantities, when they enter the country for
the first time in a year in terms of the Gregorian calendar.
Article 3 The term “personnel going abroad on a long-term basis”, as
used in these Provisions, refers to such personnel who are sent out by the
State to work or study abroad for a period of more than one year. The term
“personnel sent abroad to carry out an economic-aid program” refers to such
personnel who are sent to work abroad on a long-term basis to carry out an
economic and technological aid program signed between two governments.
The term “personnel sent abroad to fulfil a labour contract” refers to
such technical, engineering, and administrative personnel who are sent abroad,
holding ordinary passports issued to citizens going abroad on public
business, to fulfil a labour or construction contract, signed with foreign
businessmen by a company vested with the right to manage external contracting
and labour business with the approval of the State Council or of the Ministry
of Foreign Economic Relations and Trade. The term “personnel temporarily
going abroad” refers to various categories of personnel, who are sent,
temporarily, by the State to work abroad or study for a period of less than
one year.
Article 4 With respect to personnel going abroad on a long-term basis,
the Customs shall issue to them Registration Certificate for Duty-free
Imported Articles” (hereinafter referred to as “the Registration
Certificate”). While entering the country, the personnel going abroad on a
long-term basis (including those who are exempted from inspection) shall
declare at the Customs by filling in the Registration Certificate the articles
they carry along, so that the Customs may give clearance after inspection
and verification. The Customs shall strictly control the scope of issuance
of the Registration Certificates.
Article 5 In case the personnel going abroad on a long-term basis ask
other personnel going abroad to carry into the country articles under
Categories 4 and 5, as listed in the Table of Restricted Quantities, the
Customs shall give clearance after examining “Certification for Carrying
Articles by Entrustment” issued by a Chinese organ abroad and the Registration
Certificate of owners of the said articles, and the said articles shall be
counted in the restricted quantity of duty-free articles carried into the
country by the owners themselves. Articles that exceed the restricted quantity
are not permitted to be carried into the country by entrustment.
Article 6 In case the personnel going abroad buy articles at a unit in
the country designated by the State to provide the personnel going abroad
with goods paid for in foreign exchange, they shall present their passports,
and the articles bought shall be counted in their restricted quantity of
duty-free articles.
Article 7 In case the personnel going abroad use their own foreign
exchange earning to buy, for their work-unit, equipment and articles for
scientific research and teaching (not including such general household
electrical appliances as TV sets, tape recorders, etc.), such equipment and
articles shall be exempted from duty and the Customs shall give clearance
after it has examined and verified the certification issued by a government
organ at the department/bureau level or higher. Import duties shall be levied
on articles not belonging to the aforesaid categories in accordance with
the pertinent provisions.
Article 8 The personnel going abroad must not accept articles to be
brought into or out of the country as entrusted by persons of foreign
nationalities, overseas Chinese, and compatriots from Hong Kong, Macao, and
Taiwan; neither shall they entrust the aforesaid people with the carrying
of articles into the country.
Article 9 The personnel going abroad, while entering or leaving the
country, must not carry articles the import and export of which are forbidden
by the State.
Article 10 The personnel going abroad shall comply with these Provisions
and other pertinent provisions, and go through the Customs procedures
conscientiously. In the event that they wish to sell their personal articles
which have been given Customs clearance duty-free, they shall sell them to a
State-run commercial department that is authorized by the State to handle
foreign goods.
Article 11 Personnel who are approved to go to work in the regions of
Hong Kong and Macao shall go through the procedures also in accordance with
these Provisions when they carry articles into the country; but they must
not ask other people to carry; articles for them into the country.
Article 12 These Provisions shall go into effect on September 10, 1989.
Appendix: Table of Restricted Quantities for Articles to Be Carried
into the Country by the Personnel Going Abroad
Table of Restricted Quantities for Articles to Be Carried into the Country
by the Personnel Going Abroad
————————————————————————-
| Name of Articles | Quantity |
|————————————|———————————-|
|1.Foodstuffs, dress materials, | |
| garments, arts and crafts, | |
| ordinary watches, and other | |
| articles for daily use which | within reasonable quantities
|
| cost RMB 200 yuan or less | |
| (including RMB 200 yuan) | |
|————————————|———————————-|
|2. Cigarettes
| 400 cigarettes |
| or cigars, |
100 cigars |
| or pipe tobacco
| 500 grams |
|————————————|———————————-|
|3.Alcoholic beverages: | 2 bottles, each bottle
contains |
| with alcoholic content 12% or | no more than 0.75 liter |
| higher | |
|————————————|———————————-|
|4.TV sets, washing machines, | Personnel going abroad: for every|
| refrigerators, cameras, video | 6 months (180 days), may choose |
| cassette recorders, stereo sound | one of them, duty-free, and enjoy|
| systems, radio and tape recorders,| this preferential treatment of |
| motorcycles,and articles for daily|duty-exemption for four successive|
| use which cost between RMB 500- | years at most. Personnel sent |
| 1,000 (inclusive) yuan | abroad to carry out an
economic |
| |
-aid program and personnel sent |
| |
abroad to fulfil a labour |
| |
contract: for every 6 months (180|
| |
days), may choose one of them, |
| |
duty-free.
|
| |
Temporary personnel going abroad:|
| |
for less than 6 months, first |
| |
entry in every solar year, choose|
| |
one and pay duty. |
|————————————|———————————-|
|5.Ordinary electronic organs, | Personnel going abroad: for every|
| ordinary cameras, typewriters, and| 6 months (180 days), may choose |
| other articles for daily use which| one of them, duty-free, and enjoy|
| cost between RMB 200-5O0(inclusive)| this preferential treatment of |
| yuan
|duty-exemption for four successive|
| |
years at most. Personnel sent |
| |
abroad to carry out an economic |
| |
-aid program and personnel sent |
| |
abroad to fulfil a labour |
| |
contract: for every 6 months (180|
| |
days), may choose one of them, |
| |
duty-free.
|
| |
Temporary personnel going abroad:|
| |
for less than 6 months, first |
| |
entry in every solar year, choose|
| |
one and pay duty. |
————————————————————————-
Notes:
(1) The value of the aforesaid articles shall be appraised in accordance
with C.I.F.
(2) None of the articles listed in Category 4 and Category 5 of this Table
shall be chosen a second time in the same year.
(3) In case the temporary personnel are sent abroad many times, their
duration of stay abroad on different occasions shall not be added up to
obtain an accumulative total.
INTERIM REGULATIONS OF PRC CONCERNING THE ASSIGNMENT AND TRANSFER OF THE RIGHT TO THE USE OF THE STATE-OWNED LAND IN THE URBAN AREAS
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(Effective Date:1990.05.19–Ineffective Date:)
CHAPTER I GENERAL PROVISIONS
CHAPTER II THE ASSIGNMENT OF THE RIGHT TO THE USE OF THE LAND
CHAPTER III THE TRANSFER OF THE RIGHT TO THE USE OF THE LAND
CHAPTER IV THE LEASE OF THE RIGHT TO THE USE OF THE LAND
CHAPTER V THE MORTGAGE OF THE RIGHT TO THE USE OF THE LAND
CHAPTER VI THE TERMINATION OF THE RIGHT TO USE OF THE LAND
CHAPTER VII THE ALLOCATED RIGHT TO THE USE OF THE LAND
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. These Regulations are formulated in order to reform the system of using the State-owned land in the urban areas, rationally develop, Article 2. The State, in accordance with the principle of the ownership being separated from the right to the use of the land, implements ten The term “State-owned land in the urban areas~ as used is the preceding paragraph refers to the land owned by the whole people (hereinafter Article 3. Any company, enterprise, other organization and individual within or outside the People’s Republic of China may, unless otherwise Article 4. Users of the land who have obtained the right to the use of the land in accordance with these Regulations may, within the term of Article 5. Users of the land shall, in their activities to develop, utilize and manage the land, abide by the laws and regulations of the state Article 6. The land administrative departments under the people’s governments at or above the county level shall conduct supervision and inspection, Article 7. The registration of the assignment, transfer, lease, mortgage and termination of the right to the use of the registration of the THE registration documents shall be made available for public reference.
CHAPTER II THE ASSIGNMENT OF THE RIGHT TO THE USE OF THE LAND Article 8. The assignment of the right to the use of the land refers to the act of the State as the owner of the land who, within the term of An assignment contract shall be signed for assigning the right to the use of the land. Article 9. People’s governments at the municipal and county levels shall be in charge of assigning the right to the use of the land, which shall Article 10. The land administration departments under the people’s governments at the municipal and county levels shall, in conjunction with Article 11. The contract for assigning the right to the sue of the land shall be signed by and between the land administration departments under Article 12. The maximum term with respect to the assigned right to the use of the land shall be determined respectively in the light of the purposes (1) 70 years for residential purposes; (2) 50 years for industrial purposes; (3) 50 years for the purposes of education, science, culture, public health and physical education; (4) 40 years for commercial, tourist and recreational purposes; and (5) 50 years for comprehensive utilization or other purposes. Article 13. The assignment of the right to the use of the land may be carried out by the following means: (1) by reaching an agreement through consultations; (2) by invitation to bid; or (3) by auction. The specific procedures and steps for assigning the right to the use of the land by the means stipulated in preceding paragraphs shall Article 14. The land user shall, within 60 days of the signing of the contract for the assignment of the right to the use of the land, pay the Article 15. The assigning party shall, in compliance with the stipulations of the contract, provide the right to the use of the land thus assigned, Article 16. After paying the total amount of the fee for the assignment of the right to the use of the land, the land user shall, in accordance Article 17. The land user shall, in conformity with the stipulations of the contract for the assignment of the right to the use of land and the Should any land user fail to develop and utilize the land in accordance with the period of time specified in the contract and the Article 18. If the land user needs to alter the purposes of land use as stipulated in the contract for assigning the right to the use of land,
CHAPTER III THE TRANSFER OF THE RIGHT TO THE USE OF THE LAND Article 19. The transfer of the right to the use of the land refers to the land user’s act of re-assigning the right to the use of the land, If the land has not been developed and utilized in accordance with the period of time specified in the contract and the conditions Article 20. A transfer contract shall be sighed for the transfer of the right to the use of the land. Article 21. With the transfer of the right to the use of the land, the rights and obligations specified in the contract for assigning the right Article 22. The land user who has acquired the right to the use of the land by means of the transfer thereof shall have a term of use which is Article 23. With the transfer of the right to the use of the land, the ownership of the above-ground buildings and other attached objects shall Article 24. The owners or joint owners of the above-ground buildings and other attached objects shall have the right to the use of the land within With the transfer of the ownership of the above-ground buildings and other attached objects by the land users, the right to the use Article 25. With respect to the transfer of the right to the use of the land and of the ownership of the above-ground buildings and other attached Divided transfer of the right to the use of the land and of the ownership of the above-ground buildings and other attached objects Article 26. When the transfer of the right to the use of the land is priced at a level obviously lower than the prevailing market price, the When the market price for the transfer of the right to the use of the land rises to an unreasonable extent, the people’s governments Article 27. If, after the transfer of the right to the use of the land, necessity arises for altering the purposes of land use as stipulated
CHAPTER IV THE LEASE OF THE RIGHT TO THE USE OF THE LAND Article 28. The lease of the right to the use of the land refers to the act of the land user as the lessor to lease the right to the use of the If the land has not been developed and utilized in accordance with the period of time specified in the contract and the conditions Article 29. A lease contract shall be signed for leasing the right to the use of the land by and between the lessor and the lessee. The lease contract shall not run counter to the laws and regulations of the State or the stipulations of the contract for assigning Article 30. After leasing the right to the use of the land the lessee must continue to perform the contract for assigning the right to the use Article 31. With respect to the lease of the right to the use of the land together with the above-ground buildings and other attached objects,
CHAPTER V THE MORTGAGE OF THE RIGHT TO THE USE OF THE LAND Article 32. The right to the use of the land may be mortgaged. Article 33. With the mortgage of the right to the use of the land, the above-ground buildings and other attached objects thereon shall be mortgaged With the above-ground buildings and other attached objects, the right to the use of the land within the limits of use of the said Article 34. A mortgage contract shall be signed for mortgaging the right to the use of the land by and between the mortgagor and the mortgagee. The mortgage contract shall not run counter to the laws and regulations of the State or the stipulations of the contract for assigning Article 35. With respect to the mortgage of the right to the use of the land together with the above-ground buildings and other attached objects, Article 36. If the mortgagor fails to fulfil liabilities within the prescribed period of time or declares dissolution or bankruptcy within the With respect to the right to the use of the land and the ownership of the above-ground buildings and other attached objects acquired Article 37. The mortgagee shall have the priority of compensation with respect to the receipts resulting from the disposal of the mortgaged property. Article 38. If the mortgage is eliminated as a result of the liquidation of liabilities or for other reasons, procedures shall be undertaken
CHAPTER VI THE TERMINATION OF THE RIGHT TO USE OF THE LAND Article 39. The right to the use of the land shall terminate for such reasons as the expiration of the term of use as stipulated in the contract Article 40. Upon expiration of the term of use, the right to the use of the land and the ownership of the above-ground buildings and other attached Article 41. Upon expiration of the term of use, the land user may apply for its renewal. Where such a renewal is necessary, a new contract shall Article 42. The State shall not withdraw before the expiration of the term of use the right to the use of the land which the land user acquired
CHAPTER VII THE ALLOCATED RIGHT TO THE USE OF THE LAND Article 43. the allocated right to the use of the land refers to the right to the use of the land which the land user acquires in accordance The land user referred to in the preceding paragraph shall pay tax for the use of the land in accordance with the provisions of the Article 44. The allocated right to the use of the land may not be transferred, leased, or mortgaged, with the exception of cases as specified Article 45. On condition that the following requirements are satisfied, the allocated right to the use of the land and the ownership of the above-ground (1) The land users are companies, enterprises, or other economic organizations, or individuals; (2) A certificate for the use of state-owned land had been obtained; (3) Possessing legitimate certificates of property rights to the above-ground buildings and other attached objects; and (4) A contract for assigning the right to the use of land is signed in accordance with the provisions in Chapter II of these Regulations The transfer, lease or mortgage of the allocated right to the use of the land referred to in preceding paragraphs shall be handled Article 46. Any units or individuals that transfer, lease or mortgage the allocated right to the use of the land without authorization shall Article 47. If the land user who has acquired the allocated right to the use of the land without compensation stops the use thereof as a result The municipal or county people’s government may, based on the needs of urban construction and development and the requirements of When the allocated right to the use of the land is withdrawn without compensation, the municipal or county people’s government shall,
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 48. The right to the use of the land may be inherited if it is acquired by individuals in accordance with the provisions of these Regulations. Article 49. The land user shall pay tax in accordance with the provisions of the tax laws and regulations of the State. Article 50. Fees collected by assigning the right to the use of the land in accordance with these Regulations shall be included in the fiscal Article 51. The people’s governments of various provinces, autonomous regions and municipalities directly under the Central Government shall, Article 52. With respect to foreign investors engaging in developing and managing tracts of land, the administration of the right to the use Article 53. The State Administration for Land Uses shall be responsible for the interpretation of these Regulations; the measures for the implementation Article 54. These Regulations shall go into effect as of the date of promulgation.
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REGULATIONS ON THE INVESTIGATION AND HANDLING OF MARITIME TRAFFIC ACCIDENTS
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(Effective Date:1990.03.03–Ineffective Date:)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II REPORT
CHAPTER III INVESTIGATION
CHAPTER IV HANDLING OF ACCIDENTS
CHAPTER V MEDIATION
CHAPTER VI PENALTIES
CHAPTER VII SPECIAL PROVISIONS
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. These Regulations are formulated according to the relevant provisions of the Maritime Traffic Safety Law of the People’s Republic Article 2. The harbour superintendency establishments of the People’s Republic of China shall be responsible for implementing these Regulations. Article 3. These Regulations shall apply to the maritime traffic accidents happening to the vessels and installations in the coastal waters If there exist special provisions in state laws and administrative regulations for the investigation and handling of the maritime Article 4. The maritime traffic accidents referred to in these Regulations mean the following accidents happening to vessels and installations: (1) Collision, strike or damage by waves; (2) Hitting hidden rocks or running aground; (3) Fire or explosion; (4) Sinking; (5) Damage or loss of machinery parts or important tools during a voyage which affects the vessel’s seaworthiness; (6) Other maritime traffic accidents which cause losses in property and human lives.
CHAPTER II REPORT Article 5. The persons in charge of the vessels and installations which are involved in maritime traffic accidents must report immediately to Article 6. The persons in charge of the vessels and installations which are involved in maritime traffic accidents must, in addition to making (1) If maritime traffic accidents happen to vessels or installations within the waters of the harbour areas, it is necessary to submit (2) If maritime traffic accidents happen to vessels or installations in the coastal waters beyond the waters of harbour areas, it (3) If a maritime traffic accident happens in the course of pilotage, the pilot shall submit the Report Concerning Maritime Traffic If, because of special circumstances, the Report Concerning Maritime Traffic Accidents cannot be submitted within the time limit set Article 7. The following information shall be truthfully provided in the Report Concerning Maritime Traffic Accidents: (1) Basic conditions of the vessel or installation and the data concerning its main functions; (2) Name and address of the owner or manager of the vessel or installation; (3) When and where the accident happened; (4) The climatic conditions and the conditions on the sea when the accident happened; (5) A detailed description of the course of the accident (for a collision, a sketch map illustration the face-to-face movements shall (6) Degree of the damage (A sketch showing the damaged parts of the vessel or installation shall be attached. If it is difficult to (7) Estimated location of sinking in case where the vessel or installation sank; (8) Other information related to the accident. Article 8. A report concerning maritime traffic accidents must be truthful and there must not be any concealment or falcification. Article 9. If a vessel or an installation is damaged due to a maritime traffic accident, the captain in of the vessel or the person in charge The harbour superintendency administration may entrust the inspection and appraisement mentioned in the preceding paragraph to relevant If the accident happening to a vessel or installation involved fire or explosion, the captain or the person in charge of installation
CHAPTER III INVESTIGATION Article 10. Harbour superintendency administration shall be responsible for the investigation of the maritime traffic accidents which happen The maritime traffic accidents which happen outside the waters of harbour areas shall be investigated by the harbour superintendency When the harbour superintendency administration concerned deems it necessary, he may request relevant departments and social organizations Article 11. Upon receiving accident reports, the harbour superintendency administration shall promptly carry out investigation. Investigation (1) Question the persons concerned; (2) Demand written material and testimonial from the persons under investigation; (3) Demand the parties involved to provide logbooks, engine room logs, wheel-bell records, radio operation logs, course records, charts, (4) Examine certificates of the vessels, installations and the relevant equipment and certificates of the personnel and verify seaworthiness (5) Examine the damage to the vessels, installations and goods and assertain casualties of personnel; (6) Survey the scene of the accident and collect relevant material evidences. During the investigation, the harbour superintendency administration may use recording, photographing and video equipment and may Article 12. The persons being investigated must subject themselves to the investigation, honestly state the relevant circumstances of the accident In conducting investigations, the personnel of harbour superintendency administration shall produce their certificates to the persons Article 13. If the investigation of a maritime traffic accident so requires, the harbour superintendency administration may order the vessel(s) Article 14. The organs respectively in charge of public security, state security, supervision, procuratorial work, and judicial work, as well
CHAPTER IV HANDLING OF ACCIDENTS Article 15. The harbour superintendency administrations shall, according to the investigations of maritime traffic accidents, work out the Report Article 16. The Report on Findings Concerning the Maritime Traffic Accident shall include the following items: (1) Basic conditions of the vessels or installations and the main data; (2) Names and addresses or the owners or managers of the vessels or installations; (3) When and where the accident happened, the course of the accident, weather and sea conditions at the time, seriousness of the damage; (4) Causes of the accident and evidences thereof; (5) Liabilities of the parties involved and evidences thereof; (6) Other relevant information. Article 17. The harbour superintendency administrations may, according to the nature and seriousness of their liabilities, mete out the following (1) Warnings, fines, suspension or revocation of their job certificates may be resorted to when the crew, pilots or personnel working (2) Warnings and fines may be imposed on the crew or the personnel working on the installations who are of foreign nationalities or Article 18. If it is necessary to pursue the administrative responsibility of the persons involved, owners or managers of the vessels or installations Article 19. The harbour superintendency administration may, in the light of the causes of the maritime traffic accidents, order the owners and
CHAPTER V MEDIATION Article 20. If a maritime traffic accident happening to vessels or installations gives rise to a civil dispute over tort liability, the parties Mediations must be carried out on the principles of voluntariness and impartiality and no coercion shall be allowed. Article 21. If s suit has been brought before a maritime court or an application sent to a maritime arbitration organ, the parties to the civil Article 22. Written applications for mediations shall be submitted, by the parties within 30 days after the accident happened, to the harbour Article 23. If an agreement is reached after mediation, the harbour superintendency administration shall prepare a mediation document. The mediation Article 24. All the parties concerned shall execute the agreement of mediation of their own accord. If the parties renegue or fail to execute Article 25. If a party to a civil dispute who has applied to the harbour superintendency administration for mediation wants to withdraw from Article 26. If the harbour superintendency administration fails to make the parties reach an agreement of mediation within 3 months as of the Article 27. If the parties do not want mediation or the mediation has failed, they may bring a suit in a maritime court or apply to a maritime Article 28. Anyone who has applied to the harbour superintendency administration for mediation shall pay mediation fees. Standards for mediation If an agreement is reached through mediation, the mediation charge shall be shared according to the seriousness of the parties’ faults
CHAPTER VI PENALTIES Article 29. The harbour superintendency administration may, depending on the circumstances, warn or impose a fine of not more than 200 yuan on (1) Failing to report the accident to the harbour superintendency administration or submit the Report Concerning Maritime Traffic (2) Failing to sail to the spot designated by the harbour superintendency administration or leaving the designated spot without the (3) Affecting the progress of the investigations or causing losses to the departments concerned because the content of the accident (4) Affecting the investigation of the accident by violating the provisions of Article 9; (5) Refusing to be investigated or unjustifiably obstructing and interfering with the investigation by the harbour superintendency (6) Intertionally concealing facts or providing false testimonial during investigation. With respect to persons whose acts have constituted a crime as specified in paragraphs (5) and (6) of this Article, the judicial organs Article 30. Administrative sanctions shall be given by administrative supervision organs or relevant units to those persons working in harbour Article 31. If the parties concerned do not agree with the penalties imposed on them by the harbour superintendency administration according
CHAPTER VII SPECIAL PROVISIONS Article 32. If maritime traffic accidents happen to vessels of Chinese nationality outside the coastal waters of the People’s Republic of China, Article 33. If crew members of Chinese nationality holding job qualification certificates of the People’s Republic of China are held responsible The maritime traffic accidents mentioned in the first paragraph of this Article and in Article 32 shall be investigated and dealt
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 34. With respect to those operations which have violated the regulations concerning maritime traffic safety and have constituted latent Article 35. The maritime traffic accidents which have caused marine environmental pollution shall be dealt with in accordance with the relevant Article 36. These Regulations shall be interpreted by the Ministry of Communications. Article 37. These Regulations shall go into effect as of the date of promulgation.
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PROCEDURES FOR THE ADMINISTRATION OF CHINESE FINANCIAL INSTITUTIONS ABROAD
| Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1990-04-13 | Effective Date | 1990-04-13 |
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Procedures for the Administration of Chinese Financial Institutions Abroad |
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(Approved by the State Council on March 12, 1990 and promulgated by Decree
No.1 of the People’s Bank of China on April 13, 1990)
Article 1 These Procedures are formulated for the purpose of
strengthening the administration of Chinese financial institutions outside
China and ensuring the sound development of financial undertakings.
Article 2 All banking and non-banking financial institutions inside China
(hereinafter collectively referred to as “domestic financial institutions”),
all non-financial corporations, enterprises and other organizations inside
China (hereinafter collectively referred to as “domestic non-financial
institutions”), all Chinese-invested banking and non-banking financial
institutions outside China (hereinafter collectively referred to as
“Chinese-invested financial institutions abroad”), and all Chinese-invested
non-financial corporations, enterprises and other organizations outside China
(hereinafter collectively referred to as “Chinese-invested non-financial
institutions abroad”) that wish to invest in the establishment or purchase of
a financial institution abroad shall abide by these Procedures.
The term “financial institutions abroad” referred to in the preceding
paragraph denotes institutions which are established or purchased abroad by
domestic financial institutions or non-financial institutions, or
Chinese-invested financial institutions or non-financial institutions abroad
and which engage in such financial business operations as deposits, loans,
discount of negotiable instruments, settlements, trust investment, financial
lease, guarantees, insurance and deals in securities.
Article 3 The organ to examine, approve and administer the establishment
or purchase of financial institutions abroad is the People’s Bank of China.
Article 4 A domestic financial institution that applies for the
establishment or purchase of a financial institution abroad shall satisfy
the following requirements:
1) it has been approved by the State Council or the People’s Bank of
China, has been registered in accordance with the law and holds a Licence
of Financial Business Operations issued by the People’s Bank of China;
2) it has been permitted by the State Administration of Foreign Exchange
Control to handle foreign exchange operations, holds a Licence of Foreign
Exchange Operations issued by the State Administration of Foreign Exchange
Control and has the experience in handling foreign exchange operations for
over three years and the required specialized personnel;
3) it possesses legitimate sources of funds in foreign exchange; and
4) it possesses a foreign exchange fund of its own equivalent to no less
than 80 million Renminbi yuan.
Article 5 A domestic non-financial institution that applies for the
establishment or purchase of a financial institution abroad shall satisfy
the following requirements:
1) it is a large corporation or enterprise that has been established
upon approval by the department concerned and has been registered in
accordance with the law;
2) it has a group corporation or group enterprise or other large
enterprise operating abroad with a relatively solid foundation and good
prospect of making profit;
3) it has been permitted by the department in charge to establish a
financial institution abroad and possesses a foreign exchange fund of its own
equivalent to no less than 100 million Renminbi yuan; and
4) it possesses the specialized personnel required for handling financial
and foreign exchange operations.
Article 6 A Chinese-invested financial institution or non-financial
institution abroad that applies for the establishment or purchase of a
financial institution abroad shall satisfy the following requirements:
1) it has been established abroad upon approval by the department in
charge in accordance with the law, possessing the official document of
approval and the documents certifying that it is engaged in legitimate
business operations in the locality;
2) the Chinese-invested financial institutions in the locality where the
intended financial institution is to be established or purchased are in a
relatively weak position, which renders it necessary to establish the
financial institution; and
3) the application submitted is in conformity with the law of the country
or region concerned.
Article 7 The application for the establishment or purchase of a
financial institution abroad of shall be submitted for approval in accordance
with the following provisions:
1) the application by a domestic financial institution for the
establishment abroad a representative agency, a branch office, or for the
establishment abroad of a Chinese-invested financial institution or a
Chinese-foreign joint financial institution, or for the purchase of a
financial institution abroad, shall be submitted to the People’s Bank of
China for approval;
2) the application by a domestic non-financial institution for the
establishment abroad of a Chinese-invested financial institution or a
Chinese-foreign joint financial institution or for the purchase of a financial
institution abroad shall, upon verification and consent by the department in
charge which has solicited the opinions of the Ministry of Foreign Economic
Relations and Trade, be submitted to the People’s Bank of China for approval;
and
3) the application by a Chinese-invested financial institution or non-
financial institution abroad for the establishment or purchase of a financial
institution abroad shall, after its domestic investing unit has solicited the
opinions of the Ministry of Foreign Economic Relations and Trade, be submitted
to the People’s Republic of China for approval.
Article 8 For the establishment or purchase of a financial institution
abroad, the domestic investing unit concerned shall apply to the People’s
Bank of China. The application shall clearly state the name of the financial
institution to be established or purchased, its business scope, the
conditions, and the necessity therefor. After the content has been examined,
verified and filed as an item for processing by the People’s Bank of China,
the application shall be submitted in accordance with the provisions of these
Procedures.
The People’s Bank of China shall examine the application submitted by the
applying unit and shall, within three months of receipt of the same, make the
decision as to whether or not it will grant the approval.
Article 9 After the establishment or purchase of a financial institution
abroad has been approved, the domestic investing unit concerned shall, on
the strength of the document of approval by the People’s Bank of China and
in accordance with the pertinent provisions, approach the State Administration
of Foreign Exchange Control and go through the procedures to remit abroad
the required foreign exchange.
Article 10 A domestic financial institution that applies for the
establishment abroad of a representative agency shall submit the following
documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the proposed representative
agency, its address, the name of the chief representative and his/her
curriculum vitae; and
2) the estimated expense of the proposed agency and the certificate of
its source of foreign exchange.
Article 11 A domestic financial institution that applies for the
establishment abroad of a branch office shall submit the following documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the proposed branch office,
its address, the amount of its operating funds, the type(s) of business
operations, the curriculum vitae of the chief person in charge;
2) the statements of assets and liabilities, the statements of loss and
profit, and the financial reports of the applying unit for the three years
prior to the submission of the application;
3) the feasibility study report; and
4) other relevant documents required by the People’s Bank of China.
Article 12 A domestic financial institution or non-financial institution
or a Chinese-invested financial institution or non-financial institution
abroad that applies for the establishment abroad of a Chinese foreign joint
financial institution shall submit the following documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the proposed Chinese-invested
financial institution, its address, its registered capital and the actual
capital, the source(s) of funds, the type(s) of business operations and the
curriculum vitae of the chief person in charge;
2) the statements of assets and liabilities, the statements of loss and
profit, and the financial reports of the applying unit for the three years
prior to the submission of the application;
3) the feasibility study report; and
4) other relevant documents required by the People’s Bank of China.
Article 13 A domestic financial institution or non-financial institution
or a Chinese-invested financial institution or non-financial institution
abroad that applies for the establishment abroad of a Chinese-foreign joint
financial institution shall submit the following documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the proposed Chinese-foreign
joint financial institution, its registered capital and the actual capital,
the type(s) of business operations, the names of the respective investing
parties and the percentage of their respective capital contributions, the
source(s) of funds of the Chinese investor(s), and the curriculum vitae of
the chief person in charge;
2) the statements of assets and liabilities, the statements of loss and
profit, and the financial reports of the applying unit for the three years
prior to the submission of the application;
3) the agreement, the contract and the articles of association of the
joint financial institution initialled by the respective investing parties
thereto;
4) the feasibility study report; and
5) other relevant documents required by the People’s Bank of China.
Article 14 A domestic financial institution or non-financial institution
or a Chinese-invested financial institution or non-financial institution
abroad that applies for the purchase of a financial institution abroad shall
submit the following documents:
1) an application duly signed by the chief person in charge of the
applying unit, which shall include the name of the financial institution that
is to be purchased, its address, the articles of association, the total
capital and total assets, the state of affairs of the institution and its
personnel, its financial position, the reasons of the purchase and the
objectives thereof, the amount of the fund needed for the purchase, and the
source(s) of the fund;
2) the statements of assets and liabilities, the statements of loss and
profit, and the financial reports of the applying unit for the three years
prior to the submission of the application;
3) the feasibility study report; and
4) other relevant documents required by the People’s Bank of China.
Article 15 If a financial institution abroad is to make any one of the
following changes, its domestic investing unit shall in advance submit an
application to the People’s Bank of China for examination and approval:
1) if a representative agency is to be upgraded to a branch office;
2) if a representative agency, or a branch office, or a Chinese-invested
financial institution or a Chinese-foreign joint financial institution is to
be disbanded; and
3) if the percentages of the shares held by the respective investing
parties to a Chinese-foreign joint financial institution are to be adjusted
or if the capital is to be increased.
Article 16 The domestic investing unit of a financial institution abroad
shall, prior to the date of July 31 every year, submit to the provincial
branch bank of the People’s Bank of China in the locality where it is situated
the work report of the financial institution abroad for the first half of
the year, which shall include the changes in the personnel of the institution,
a breakdown of the deposits and loans, a breakdown of the money sent abroad
or received therefrom; a breakdown of the import and export settlements, an
analysis of the projects of investment and an analysis of the business
transactions in foreign exchange, securities and gold. The afore-said report
shall then be transmitted to the People’s Bank of China, by its provincial
branch bank.
Article 17 The domestic investing unit of a financial institution abroad
shall, prior to the date of March 31 every year, submit to the provincial
branch bank of the People’s Bank of China the statement of assets and
liabilities, the statement of loss and profit, and the annual work report of
the financial institution abroad for the previous fiscal year, which shall
then be transmitted to the People’s Bank of China by its provincial branch
bank.
Article 18 The People’s Bank of China and its various provincial branch
banks shall have the right to exercise supervision over the work of the
financial institutions abroad.
Article 19 If any party, in violation of the provisions in Article 7 of
these Procedures, establishes or purchases a financial institution abroad
without the approval of the People’s Bank of China, the People’s Bank of China
shall have the right to freeze a corresponding amount of the foreign exchange
of the domestic investing unit thereof or of its Renminbi deposits, order it
to disband the financial institution abroad or set a deadline for it to make
up for the procedures of application for examination and approval, and conduct
close investigations into the liability of the chief person in charge of
the unit and of those who are directly responsible therefor.
If any party violates the provisions in Article 15 of these Procedures,
the People’s Bank of China shall have the right to freeze a corresponding
amount of the foreign exchange of the domestic investing unit thereof or of
its Renminbi deposits and order it to stop the business operations of the
financial institution abroad for rectification.
If any party violates the provisions in Articles 16 and 17 of these
Procedures, to a serious extent, the People’s Bank of China may impose a fine
of 100,000 Renminbi yuan or less on the domestic investing unit thereof.
Any party violates the regulations concerning foreign exchange control
shall be penalized in accordance with the pertinent provisions of the State.
Article 20 If any party has, before these Procedures go into effect,
established or purchased a financial institution abroad without approval of
the People’s Bank of China, it shall, within the time limit prescribed by
the People’s Bank of China, make up for the procedures of application for
examination and approval.
Article 21 These Procedures shall not apply to the enterprises with
foreign investment inside China.
Article 22 The People’s Bank of China shall be responsible for the
interpretation of these Procedures.
Article 23 These Procedures shall go into effect as of the date of
promulgation.
NATIONALITY LAW
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Important Notice: This English document is coming from “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS” (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People’s Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese shall prevail. Whole Document NATIONALITY LAW OF THE PEOPLE’S REPUBLIC OF CHINA(Adopted at the Third Session of the Fifth National
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REGULATIONS ON REPORTING AND HANDLING FATAL ACCIDENTS OF WORKERS AND EMPLOYEES IN ENTERPRISES
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(Effective Date:1991.03.01–Ineffective Date:)
CHAPTER I GENERAL PRINCIPLES CHAPTER II REPORTING OF ACCIDENTS CHAPTER III INVESTIGATION OF ACCIDENTS CHAPTER IV HANDLING OF ACCIDENTS Article 1 The present regulations are drawn up to ensure the timely reporting, tabulating, investigating and handling fatal accidents involving Article 2 The present regulations are applicable to all enterprises within the territory of the People’s Republic of China. Article 3 The fatal accidents referred to in the present regulations are those causing personal harms and acute intoxication of workers and Article 4 The work of reporting, tabulating, investigating and handling fatal accidents must be based on the principle of relying on facts
CHAPTER II REPORTING OF ACCIDENTS Article 5 When a fatal accident happened, the injured or whoever at the site of accident should immediately report directly or via their superiors Article 6 On receiving the report of an accident causing serious injuries, deaths, or major casualties, the top executives of the enterprise Article 7 On receiving the report of a fatal or major fatal accident, the department in charge of the enterprise and the labour department Article 8 The enterprise where a fatal or major fatal accident happened should protect the site of the accident and take quick and necessary
CHAPTER III INVESTIGATION OF ACCIDENTS Article 9 In case of an accident causing light or serious injuries, the top executives of an enterprise or their appointees should organize Article 10 In case of a fatal accident, the departments in charge of the enterprise should form an accident investigation team together with In case of a major fatal accident, the departments in charge of the enterprise at the provincial, autonomous regional and municipal The accident investigation teams formed in accordance with the provisions of the two preceding paragraphs of the present Article should Article 11 Members of the accident investigation team should satisfy the following conditions: (1) Specialized in any one aspect required in the investigation of an accident; (2) Being not a party of direct interest to the accident. Article 12 Duties of the accident investigation team: (1) Find out clearly the causes, occurrence, casualties and economic losses due to the accident; (2) Determine the person(s) responsible for the accident; (3) Put forward its opinions on the handling of the accident and proposals on the preventive measures to be taken; (4) Write out the report on the investigation of the accident. Article 13 The accident investigation team has the right to ask for relevant information and data from the enterprise concerned and from related Article 14 After clarifying the circumstances of the accident, if the accident investigation team could not arrive at a unanimous view on the Article 15 No unit or person is allowed to impede or interfere in the normal work of the accident investigation team.
Article 16 The opinions of the accident investigation team for handling the accident and its proposals for preventive measures should be carried Article 17 In case of a fatal accident caused by a neglect of safety in production, giving directions in contravention to established rules Article 18 If in contravention to the present regulations an enterprise fail to report the occurrence of a fatal accident, or give false information, Article 19 In the course of investigating and handling a fatal accident, if there were cases of derogation of duties, practice of favouritism Article 20 The work of handling a fatal accident should conclude within 90 days. In special cases, it should not exceed 180 days. After winding
CHAPTER V SUPPLEMENTARY PROVISIONS Article 21 The method of tabulation and the forms of tables of fatal accidents shall be prepared by the labour departments under the State Council The method of determining economic losses due to a fatal accident and the method of classification of accidents shall be prepared Article 22 The labour departments shall be responsible for the supervision and control of enterprises implementing the present regulations. Article 23 In case of extraordinarily major accidents, it should be handled in accordance with relevant State provisions. Article 24 Fatal accidents in government organs, institutions and people’s organizations should be handled with reference to the present regulations. Article 25 The right of interpretation of the present regulations rests with the labour departments of the State Council. Article 26 The present regulations come into effect as from May 1, 1991. At the same time, the ” Code of Reporting Fatal Accidents of Workers
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