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DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON EXERCISING CRIMINAL JURISDICTION OVER THE CRIMES PRESCRIBED IN THE INTERNATIONAL TREATIES TO WHICH THE PEOPLE’S REPUBLIC OF CHINA IS A PARTY OR HAS ACCEDED

Category  LITIGATION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1987-06-23 Effective Date  1987-06-23  


Decision of the Standing Committee of the National People’s Congress on Exercising Criminal Jurisdiction Over the Crimes Prescribed
in the International Treaties to Which the People’s Republic of China Is a Party or Has Acceded


Appendices:  The Relevant Clauses of the International Conventions

(Adopted at the 21st Meeting of the standing Committee of the Sixth

national People’s Congress on June 23, 1987)

    The 21st Meeting of the Standing Committee of the Sixth National People’s
Congress resolves that the People’s Republic of China shall, within the scope
of its treaty obligations, exercise criminal jurisdiction over crimes
prescribed in the international treaties to which the People’s Republic of
China is a party or has acceded.
Appendices:  The Relevant Clauses of the International Conventions

    I.  Convention on the Prevention and Punishment of Crimes Against
Internationally Protected Persons, Including Diplomatic Agents

    The second paragraph of Article 3:

    “Each State Party shall likewise take such measures as may be necessary
to establish its jurisdiction over these crimes in cases where the alleged
offender is present in its territory and it does not extradite him pursuant to
Article 8 to any of the States mentioned in paragraph 1 of this Article.”

    Article 7:

    “The State Party in whose territory the alleged offender is present shall,
if it does not extradite him, submit, without exception whatsoever and without
undue delay, the case to its competent authorities for the purpose of
prosecution, through proceedings in accordance with the laws of that State.”

    II.  Convention for the Suppression of Unlawful Seizure of Aircraft

    The second paragraph of Article 4:

    “Each Contracting State shall likewise take such measures as may be
necessary to establish its jurisdiction over the offence in the case where the
alleged offender is present in its territory and it does not extradite him
pursuant to Article 8 to any of the States mentioned in paragraph 1 of this
Article.”

    Article 7:

    The Contracting State in the territory of which the alleged offender is
found shall, if it does not extradite him, be obliged, without exception
whatsoever and whether or not the offence was committed in its territory, to
submit the case to its competent authorities for the purpose of prosecution.

    “Those authorities shall take their decision in the same manner as in the
case of any ordinary offence of a serious nature under the law of that State.”

    III.  Convention for the Suppression of Unlawful Acts Against the Safety
of Civil Aviation

    The second paragraph of Article 5:

    “Each Contracting State shall likewise take such measures as may be
necessary to establish its jurisdiction over the offences mentioned in Article
1, paragraph 1 (a), (b) and (c), and in Article 1 , paragraph 2, in so far as
that paragraph relates to those offences, in the case where the alleged
offender is present in its territory and it does not extradite him pursuant to
Article 8 to any of the States mentioned in paragraph 1 of this Article.”

    Article 7:

    The Contracting State in the territory of which the alleged offender is
found shall, if it does not extradite him, be obliged, without exception
whatsoever and whether or not the offence was committed in its territory, to
submit the case to its competent authorities for the purpose of prosecution.

    “Those authorities shall take their decision in the same manner as in the
case of any ordinary offence of a serious nature under the law of that State.”

    IV.  The Convention on the Physical Protection of Nuclear Material

    The second paragaph of Article 8:

    “Each State Party shall likewise take such measures as may be necessary to
establish its jurisdiction over these offences in cases where the alleged
offender is present in its territory and it does not extradite him pursuant to
Article 11 to any of the States mentioned in paragraph 1.”

    V.  International Convention Against the Taking of Hostages

    The second paragraph of Article 5:

    “Each State Party shall likewise take such measures as may be necessary to
establish its jurisdiction over the offences set forth in Article 1 in cases
where the alleged offender is present in its territory and it does not
extradite him to any of the States mentioned in paragraph 1 of this Article.”

    The first paragraph of Article 8:

    “The State Party in the territory of which the alleged offender is found
shall, if it does not extradite him, be obliged, without exception whatsoever
and whether or not the offence was committed in its territory, to submit the
case to its competent authorities for the purpose of prosecution, through
proceedings in accordance with the laws of that State. Those authorities shall
take their decision in the same manner as in the case of any ordinary offence
of a grave nature under the law of that State.”





OFFICIAL REPLY OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING TAX POLICIES IN THE ENFORCEMENT OF THE PROVISIONS OF THE STATE COUNCIL ON ENCOURAGING FOREIGN INVESTMENT (EXCERPT)

The Ministry of Finance and the State Administration of Taxation

Official Reply of the Ministry of Finance and the State Administration of Taxation Concerning Tax Policies in the Enforcement of the
Provisions of the State Council on Encouraging Foreign Investment (Excerpt)

CaiShuiWaiZi [1987] No.118

January 1, 1987

With regard to preferential tax treatment accorded by the Article 22 to export-oriented enterprises with foreign investment, the
Ministry of Foreign Economic Relations and Trade promulgated specific measures on January 5 of this year by WaiJingMaoZiZongZi [87]
No.1, which stipulate an enterprise with foreign investment may not be recognized as export-oriented enterprises unless three conditions
are simultaneously met. First, it must be an enterprise that produces products for export. Second, its products are mainly for export
and the annual value of exported products must constitute over 50 percent of its total production value in the same year. Third,
foreign exchange income and expenses in the same year must be in balance or surplus. It was also stipulated that a recognized export-oriented
enterprise may not enjoy the preferential tax treatment accorded by Article 22 unless the value of its exported products reaches
over 70 percent of its total production value in the same year and qualify annual review.

Therefore, though the income tax of remitted profits that has been exempted and corporate income tax that has been deducted by half
in the same year must be refunded if the enterprise fails to meet in the annual review all the three conditions for export-oriented
enterprises.



 
The Ministry of Finance and the State Administration of Taxation
1987-01-01

 






RULES FOR THE IMPLEMENTATION OF THE METROLOGY LAW

Category  TECHNOLOGICAL CONTROL Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1987-02-01 Effective Date  1987-02-01  


Rules for the Implementation of the Metrology Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II Datum Instruments of Measurement and Standard Instruments of
Chapter III  Measurement Examination and Determination
Chapter IV  Manufacture and Repair of Measurement Instruments
Chapter V  Marketing and Use of Measurement Instruments
Chapter VI  Measurement Supervision
Chapter VII  Measurement Attestation of Agencies for Examination of
Chapter VIII  Measurement Mediation and Arbitrative Examination and
Chapter IX  Fees
Chapter X  Legal Liability
Chapter XI  Supplementary Provisions

(Approved by the State Council on January 19, 1987 and promulgated by

the State Measurement Bureau on February 1, 1987)
Chapter I  General Provisions

    Article 1  These Rules are formulated according to the provisions of the
Metrology Law of the People’s Republic of China.

    Article 2  A system of legal measures is implemented in the country. The
procedures for designating the names and symbols of legal measurement units
and for abolishing the non-legal measurment units shall be implemented
according to the relevant stipulations of the State Council concerning
uniform application of legal measures in our country.

    Article 3  The State develops measurement facilities in a planned way and
fits out measurement agencies at various levels with modern technology and
equipment so that they may serve to promote China’s socialist modernizations,
provide measurement guarantee for our industrial and agricultural production,
the building up of our national defence, scientific experiments, domestic and
foreign trade and the people’s health and safety, and protect the interests of
the State and the people.
Chapter II Datum Instruments of Measurement and Standard Instruments of
Measurement

    Article 4  The following requirements must be met in using datum
instruments of measurement (hereinafter referred to as datum instruments):

    (1) they must pass the appraisement of the State;

    (2) there must be such environmental conditions as required for their
normal operations;

    (3) there must be competent personnel in charge of their safekeeping,
maintenance and application;

    (4) there must be a perfect system of administration.

    Those units which meet the above-mentioned requirements can use datum
instruments only after they pass the examination and approval by the
Measurement Administration under the State Council and receive the relevant
certificate from it.

    Article 5  No unit or individual shall dismantle or refit datum
instruments or suspend the work concerning measurement examination and
determination without the approval of the Measurement Administration under
the State Council.

    Article 6  The measurement values of the datum instruments should be the
same as international measurement values. The Measurement Administration under
the State Council has the right to abolish those datum instruments which are
backward in technology or those instruments whose performance cannot meet the
present requirements.

    Article 7  The following requirements must be met in using standard
instruments of measurement (hereinafter referred to as standard instruments):

    (1) they must pass measurement examination and determination;

    (2) there must be such environmental conditions as required for their
normal operations;

    (3) there must be competent personnel in charge of their safekeeping,
maintenance and application;

    (4) there must be a perfect system of administration.

    Article 8  Public standard instruments function as notaries in exercising
measurement supervision in the society. In designating the public standard
instruments of the highest class in the local areas, the administrative
departments for measurement in the people’s governments above the county level
must apply to the measurement departments immediately above its own level for
examination. The examination of public standard instruments of other classes
may be conducted under the direction of the administrative departments for
measurement of the local people’s governments.

    Those public standard instruments, which have proved up to the
requirements laid down in Article 7 of these Rules and obtained certificates
of examination, shall be used only after the relevant certificates are issued
after the examination and approval by the administrative departments for
measurement of the people’s governments above the county level.

    Article 9  The standard instruments of the highest class in various fields
should be designated by the relevant competent departments under the State
Council and by those in the people’s governments in the provinces, autonomous
regions and the municipalities directly under the Central Government. These
standard instruments must pass the examination by the administrative
department for measurement in the people’s governments at the same level and
those instruments which meet the requirements provided for in Article 7 of
these Rules and obtain certificates of examination may be used only after the
approval by the relevant competent departments.

    Article 10  In designating various standard instruments of the highest
class for their own units, enterprises and institutions must apply for
examination to the administrative departments for measurement which are at the
same levels as their competent departments in the people’s governments.
Township enterprises should apply for examination to the administrative
departments for measurement in the local people’s governments at the county
level. Those instruments which meet the requirements provided for in Article 7
of these Rules and obtain certificates of examination may be used by the
relevant enterprises and institutions, which should report to their competent
authorities for the record.
Chapter III  Measurement Examination and Determination

    Article 11  The units and individuals using standard instruments which
have gone through compulsory examination and determination should apply for
periodic examination and determination to the relevant administrative
department for measurement of the people’s government which has been
responsible for examining the instruments.

    The units and individuals using the working measurement instruments which
have gone through compulsory examination and determination should apply for
periodic examination and determination to the relevant measurement
examination and determination agencies designated by the administrative
departments for measurement of the local people’s governments at the county
(municipality) level. If it cannot be done locally, it is necessary to apply
for periodic examination and determination to the measurement examination and
determination agencies designated by th next higher administrative departments.

    Article 12  Enterprises and institutions should equip themselves with the
facilities for checking and testing measurement instruments commensurate with
their needs in production, scientific research and management and business
operations, formulate specific procedures and regulations concerning
examination and determination, work out detailed catalogues of measurement
instruments of their units and fix the corresponding periods for examination
and determination, and ensure that their measurement instruments which are not
subject to compulsory examination and determination are regularly checked and
tested.

    Article 13  The work of measurement examination and determination shall be
conducted on the principle of economy, rationality and geographical proximity.
and it should not be restricted by administrative divisions and departmental
jurisdiction.
Chapter IV  Manufacture and Repair of Measurement Instruments

    Article 14  Enterprises and institutions applying for Licences for
Manufacturing Measurement Instruments should pass the examination by the
administrative departments for measurement at the same levels with the
competent authorities of the people’s governments in their localities.
Township enterprises should be examined by the administrative departments for
measurement of the local people’s governments at the county level. Those
enterprises and institutions which have obtained licences for Manufacturing
Measurement Instruments by passing the examination are allowed to use the
uniform marks stipulated by the State. Only then may the relevant competent
authorities approve of their production.

    Article 15  Enterprises and institutions which do business in measurement
instruments repairs may apply for examination directly to the administrative
departments for measurement of the local people’s governments at the county
(municipality) level in order to obtain the Licence for Repairing Measurement
Instruments. If it cannot be done locally, applications for examination may
be submitted to the administrative departments for measurement of the people’s
governments at the next higher level. Only those enterprises and institutions
which have obtained Licence for Repairing Measurement Instruments by passing
the examination may be allowed to use the uniform marks stipulated by the
State and start business operations.

    Article 16  The individual industrial and commercial businesses which are
engaged in manufacturing or repairing measurement instruments must have
regular business premises. Those which want to apply for the Licence for
Manufacturing Measurement Instruments or the Licence for Repairing Measurement
Instruments may do so according to the procedures provided for in Article 15 of these Rules. If they move to do business in other
places, they must send the
original licence to the administrative department for measurement of the local
people’s government where they have moved, for verification and approval
before they can apply for new business licences.

    Article 17  The examination for enterprises, institutions or individual
industrial and commercial businesses which apply for the Licence for
Manufacturing Measurement Instruments and the Licence for Repairing
Measurement Instruments consists of the following items:

    (1) production facilities;

    (2) facilities for testing and determining products;

    (3) technical levels of the workers and staff members;

    (4) relevant technical documents and regulations and rules concerning
measurements.

    Article 18  The product design of a new measurement instrument, which has
never been produced in the country, must be appraised before it can be
manufactured. When the product design has been finalized, it is necessary to
go through formalities of model approval and obtain the relevant certificate.
New products whose designs have been finalized in the country but have never
been produced by the producer must be tested and their prototypes be made. A
certificates of quality shall be issued after the test of prototype is passed.
Those measurement instruments which have not obtained model approval or
certificates of quality of their prototypes shall not be allowed to be
produced.

    Article 19  The product design appraisement of a new measurement
instrument shall be conducted by the technical agency authorized by the
measurement administration under the State Council. Prototypes of the
instrument shall be tested by the technical agency authorized by the
administrative department for measurement of the local people’s government at
the provincial level.

    The models of new measurement instruments shall be approved by the
administrative departments for measurement of the local people’s governments
at the provincial level.

    The models approved by such departments can be used as nationally
applicable models after they have been finalized by the measurement
administration under the State Council.

    Article 20  The Units applying for model design appraisement for a new
measurement instrument and prototype testing should provide a prototype of the
new product, and the relevant technical documents and data.

    The units responsible for the appraisement and testing must withhold
secret of the prototype, the technical documents and data provided by the
applicants.

    Article 21  The various relevant competent authorities should strengthen
control over the quality of the measurement instruments manufactured and
repaired by the enterprises and institutions. The administrative departments
for measurement in the people’s governments above the county level are
empowered to carry out supervision and inspection, including sampling and
supervised testing. The measurement instruments without stamps or certificates
of quality or those measurement instruments which have failed to pass the
examination and determination shall not be allowed to leave the factories.
Chapter V  Marketing and Use of Measurement Instruments

    Article 22  Foreign businessmen selling measurement instruments in China
must apply for model approval to the measurement administration under the
State Council according to the provisions in Article 18 of these Rules.

    Article 23  The administrative departments for measurement of the people’s
governments above the county level exercise supervision and inspection over
the measurement instruments sold locally. The instruments without quality
stamps or certificates of quality or the marks of the licence for
Manufacturing Measurement Instruments may not be marketed.

    Article 24  No units or individuals may deal in rejected or defective
spares and components of measurement instruments or use them in assembling and
repairing measurement instruments.

    Article 25  No units or individuals may use in their work the measurement
instruments without quality stamps or certificates or examination and
determination or those instruments which have exceeded the period of
examination and determination or those instruments which have been rejected in
examination and determination. This provision does not apply to the
measurement instruments used in teaching demonstration.
Chapter VI  Measurement Supervision

    Article 26  The responsibilities of the measurement administration under
the State Council and the administrative departments for measurement of the
local people’s governments above the county level in the supervision over and
implementation of the laws and regulations concerning measurement are as
follows:

    (1) carrying out the State policies, measures and regulations concerning
measurement and promoting the adoption of the State legal measurement units;

    (2) making and coordinating development plans for measurement
undertakings, designating datum instruments and public standard instruments,
organizing the transmission of measurement values;

    (3) exercising supervision over the manufacturing, repairing, marketing
and using of measurement instruments;

    (4) conducting measurement attestation, organizing arbitration over
examination and determination and mediating disputes over measurement;

    (5) supervising and checking the implementation of measurement laws and
regulations, and dealing with violations of these laws and regulations in
acordance with the relevant provisions of these Rules.

    Article 27  The measurement control personnel at the administrative
departments for measurement of the people’s governments above the county level
are responsible for measurement supervision and administration. Measurement
inspectors are responsible for circuit checking in the prescribed areas and
places and may, within their stipulated authority, deal, on the spot, with
violations of measurement laws and regulations and mete out administrative
sanctions on the merit of each case.

    Measurement inspectors must pass the examination supervised by the
administrative departments for measurement of the people’s governments above
the county level, which shall appoint the inspectors and issue relevant
certificates.

    Article 28  The agencies for measurement examination and determination set
up according to law by the administrative departments for measurement of the
people’s governments above the county level are legal agencies of the State.
Their responsibilities are: designating datum instruments and public standard
instruments, conducting transmission of measurement values, carrying out
compulsory examination and determination as well as other examination and
determination and testing prescribed by law, drafting regulations concerning
technical specifications to provide technical guarantee for exercising
measurement supervision and handling other matters concerning measurement
supervision.

    Article 29  The personnel in charge of measurement examination and
determination in the State legal agencies for measurement examination and
determination must pass the examinations supervised by the administrative
departments for measurement of the people’s governments above the county level
and must obtain the necessary certificates. The personnel in charge of
measurement examination and determination in other units should pass the
examinations supervised by their higher competent authorities and obtain the
relevant certificates. People without the certificates for measurement
examination and determination may not do the work in this field. The grading
of the technical posts of the personnel in charge of measurement examination
and determination shall be stipulated by the measurement administration under
the State Council in cojunction with the relevant competent authorities.

    Article 30  The administrative departments for measurement of the
people’s governments above the county level may, in the light of actual needs,
authorize the agencies of measurement examination and determination and
technical agencies in the following ways of conduct compulsory examination and
determination and other kinds of examination and determination and testing
within the prescribed scope:

    (1) authorizing professional or regional agencies for measurement
examination and determination to act as legal agencies;

    (2) authorizing the designation of public standard instruments;

    (3) authorizing the agencies for measurement examination and determination
of certain departments or units to conduct compulsory examination and
determination of the relevant measurement instruments used therein;

    (4) authorizing relevant technical agencies to undertake the other tasks
of examination and determination and testing prescribed by law.

    Article 31  Units which have been authorized in accordance with the
provisions of Article 30 of these Rules should abide by the following
stipulations:

    (1) the personnel in charge of examination and determination and testing
in the authorized units must pass the examinations supervised by the
authorizing units;

    (2) the corresponding measurement standards of the authorized units must
be examined and determined according to the datum instruments or the public
standard instruments;

    (3) the authorized units must conduct the authorized work of examination
and determination and testing under the supervision of the authorizing units;

    (4) administrative departments for measurement of the people’s governments
above county level shall conduct mediation and arbitration when the authorized
units become a party to a measurement dispute, which cannot be settled by the
parties themselves through consultation.
Chapter VII  Measurement Attestation of Agencies for Examination of
Product Quality

    Article 32  The agencies for examination of product quality which provide
the society with notarization data must be attested by administrative
departments for measurement of the people’s governments above provincial level.

    Article 33  Measurement attestation of agencies for examination of product
quality covers the following aspects:

    (1) examining and determining measurements and testing the function of
equipments;

    (2) examining and determination measurements and testing the environmental
conditions for the functioning of the equipment and the personnel’s
operational skills;

    (3) measures ensuring the uniformity of measurement values and accuracy,
and systems ensuring the equity and reliability of the data for examination
and determination of measurements.

    Article 34  After receiving applications for attestation from agencies for
examination of product quality, administrative departments for measurement of
the people’s governments above provincial level shall instruct the measurement
examination agencies under their jurisdiction or the authorized technical
agencies to arrange the examinations for the applicants in accordance with the
provisions of Article 33 of these Rules. The administrative departments for
measurement of the people’s governments above provincial level shall issue
certificates for measurement attestation to those applicants who have passed
the examinations. Those who have not obtained the certificates shall not be
allowed to conduct examination of product quality.

    Article 35  Administrative departments for measurement of the people’s
governments above provincial level are empowered to conduct supervision and
inspection over those agencies which have obtained certificates for
measurement attestation according to the provisions of Article 33 of these
Rules.

    Article 36  Agencies for examination of product quality which have
obtained a certificate for measurement attestation should apply for separate
confirmation of measurement attestation for new items, if they deem these
additional examinations necessary, according to the relevant provisions of
these Rules.
Chapter VIII  Measurement Mediation and Arbitrative Examination and
Determination

    Article 37  Administrative departments for measurement of the people’s
governments above county level are responsible for mediation and arbitrative
examination and determination for measurement disputes and may appoint relevant
agencies for measurement examination and determination to conduct arbitrative
examination and determination as entrusted by judicial organs, administrative
organs for contracts, arbitration agencies dealing with cases involving
foreign parties, or other organizations.

    Article 38  No litigant shall change the technical status of the
measurement instruments involved in the dispute in the course of the
mediation, arbitration, and hearing of the cases.

    Article 39  If a party rejects the arbitrative examination and
determination, it may appeal to the administrative departments for measurement
of the people’s governments at the next higher level within 15 days of receipt
of the notice of the arbitrative examination and determination. The
arbitrative examination and determination by the administrative departments
for measurement of the next higher people’s government shall be final.
Chapter IX  Fees

    Article 40  Fees shall be paid for applications for examinations to
designate standard measurement instruments, applications for examination and
determination of measurement instruments to be used, applications for model
approval and prototype instrument testing for manufacturing new measurement
products, applications for the licence for manufacturing and repairing
measurement instruments and applications for measurement attestation and
arbitrative examination and determination. Actual procedures or rates of
charges shall be worked out by the measurement administration under the State
Council in conjunction with the financial and price control departments of
the State.

    Article 41  Fees shall not be charged for the examination and determination
and testing conducted by administrative departments for measurement of the
people’s government above county level in exercising supervision and
inspection. The inspected units have the obligation to provide prototype
instruments and facilities for examination and determination and testing.

    Article 42  The funds needed by the agencies of measurement examination
and determination under the jurisdiction of administrative departments for
measurement of the people’s governments above county level for providing
technical guarantee for implementating measurement laws and regulations and
exercising measurement supervision shall be entered in the budgets of people’s
governments at the various levels in accordance with the provisions in the
State financial administration system.
Chapter X  Legal Liability

    Article 43  Those who violate Article 2 of these Rules by using non-legal
measures shall be ordered to correct their mistakes. If violations have been
contained in publications, orders shall be given to stop their circulations
and a fine of 1,000 yuan or less may be imposed simultaneously.

    Article 44  Those who violate Article 14 of the Measurement Law of the
People’s Republic of China by manufacturing, marketing and importing
measurement instruments of non-legal measures which have been declared
abolished by the State Council and other measurement instruments which have
been prohibited for use by the State Council, shall be ordered to cease these
operations. Their measurement instruments and total amount of illegal gains
shall be confiscated. And a pecuniary penalty ranging from 10% to 50% of their
total illegal gains may be imposed simultaneously.

    Article 45  If any departments, enterprises and institutions conduct
measurement examination and determination with various standard measurement
instruments of the highest class which have not passed the examination of the
relevant administrative departments for measurement of the people’s governments
, they shall be ordered to stop using those instruments and a fine of 1,000
yuan or less may be imposed simultaneously.

    Article 46  If any units fail to apply for examination and determination
for those measurement instruments which are subject to compulsory examinations
and determination, or fail to conduct periodic examination and determination
for other measurement instruments which are not subject to compulsory
examination and determination, or send them to other agencies for periodic
examination and determination or continue to use the instruments which have
been rejected in examination and determination, they shall be ordered to stop
using those instruments and a fine of 1,000 yuan or less may be imposed
simultaneously.

    Article 47  If any units or individuals are engaged in manufacturing and
repairing measurement instruments without Licence for Manufacturing
Measurement Instruments or the licence for Repairing Measurement Instruments,
they shall be ordered to stop their production and operation and to seal up
for safekeeping the measurement instruments which have been manufactured and
those which have been sent for repairing. The total amount of illegal gains
shall be confiscated and a fine ranging from 10% to 50% of the illegal gains
may be imposed simultaneously.

    Article 48  Those who manufacture and market the new measurement products
which have

PROVISIONS OF THE GENERAL CUSTOMS ADMINISTRATION ON THE ADMINISTRATION OF THE IMPORT AND EXPORT OF ARTICLES BY FOREIGN DIPLOMATIC MISSIONS AND THEIR PERSONNEL IN CHINA

Category  CUSTOMS Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1986-12-01 Effective Date  1986-12-01  


Provisions of the General Customs Administration of the People’s Republic of China on the Administration of the Import and Export
of Articles by Foreign Diplomatic Missions and Their Personnel in China



(Approved by the State Council on October 31, 1986 and promulgated by

the General Customs Administration on December 1, 1986)

    Article 1  These Provisions are formulated in accordance with Regulations
of the People’s Republic of China Concerning Diplomatic Privileges and
Immunities.

    Article 2  Cases concerning the import and export of articles for official
use by a foreign diplomatic mission in China (hereinafter referred to as
“the mission”), or the import and export of articles for personal use by the
personnel of a foreign diplomatic mission, shall comply with these Provisions,
unless a bilateral agreement, which shall be complied with instead, exists.

    In the preceding paragraph, “articles for official use” refers to articles
directly needed by a foreign mission in the performance of its functions,
which include furniture, decorative articles, office equipment, supplies for
reception of guests, and mortar vehicles; “articles for personal use” refers
to articles directly needed for daily use, during their stay in China, by
mission personnel and their spouses and minor children living with them,
which include furniture, household electrical appliances, and mother vehicles.

    Article 3  The import and export of articles for official use by the
mission, and the import and export of articles for personal use by diplomatic
agents through consignment shipping or by post, shall all be declared to
the Customs.

    Diplomatic agents entering or leaving the country shall declare orally
to the Customs their accompanied personal effects, or their personal luggage
transported separately in the same vehicle of transport, and the Customs shall
give clearance without inspection.

    In case there are serious grounds for presuming that the luggage contains
articles not for official use or articles not for personal use, or the luggage
contains articles forbidden to be brought into or out of the country by the
Chinese laws and regulations, the Customs shall have the right to inspect the
luggage. Such inspection shall be conducted only in the presence of the
diplomatic agent concerned, or of his authorized representative.

    Article 4  Articles for official use declared for import by the mission,
or articles for Personal use declared for import by a diplomatic agent,
shall be exempt from Customs duties after they have been examined by the
Customs and found to be within the reasonable quantities for direct use.

    Articles for official use and for personal use, declared at the Customs
for export, shall be given clearance after being examined and verified by
the Customs.

    Article 5  The mission and its personnel may not carry into or out of
the country articles whose import and export are forbidden by the laws and
regulations of the People’s Republic of China. If the aforesaid articles need
to be imported or exported for special reasons, a prior permission must be
obtained from the authorities concerned of the Chinese Government, and the
matter shall be handled in accordance with the pertinent provisions
prescribed by the Chinese government.

    For the import of radio transmitters and receivers with their accessories,
a written application must be submitted in advance to the Chinese Ministry
of Foreign Affairs for approval. The mission and its personnel shall declare
at the Customs and present the relevant approval documents, and the Customs
shall give clearance after examination and verification.

    To take cultural relics out of the country, a declaration must be made in
advance with the Customs; and the relics shall be appraised by the cultural
and administrative departments of the provinces, autonomous regions, or
municipalities directly under the Central Government, as designated by the
State cultural and admimstrative department, and an export certificate shall
be issued. The mission and its personnel shall present the relevant
certification to the Customs, and the Customs shall give clearance after
examination and verification.

    The carrying into or out of China of firearms and ammunition shall be
handled in accordance with the provisions of Measures of the People’s Republic
of China for the Control of Firearms.

    The import or export of articles that is controlled by China’s quarantine
laws and regulations shall be handled by the Customs in accordance with the
pertinent laws and regulations.

    Article 6  In the case where the articles, declared by the mission and
its personnel, belong to the categories of articles forbidden by China’s laws
and regulations to be imported or exported, these articles, unless their
import or export has been approved by China’s competent authorities, shall be
detained by the Customs; the detained articles shall be withdrawn from import
or export by the mission or its mission personnel concerned within 90 days.
If these articles are not withdrawn within the said time limit, they shall
be appraised at the current rate and turned over by the Customs to the
State treasury.

    Article 7  Articles imported duty-free by the mission and its personnel
shall not be transferred. Should the aforesaid articles need to be transferred
for a special reason, permission must be obtained from the Customs.

    With respect to articles transferred with permission, the transferee or
the transferor shall go through the procedures with the Customs, in accordance
with pertinent provisions, for the payment of or the exemption from duties.

    Article 8  Diplomatic bags delivered by or sent to the mission shall be
given clearance without inspection by the Customs. Diplomatic bags shall be
sealed with an identifiable external mark; such bags may contain diplomatic
papers and articles for official use only.

    Diplomatic couriers shall be provided with courier certificates issued by
the competent authorities of the despatching country when they carry
diplomatic bags. The captain of a commercial aircraft may be entrusted to
carry diplomatic bags. He shall be provided with an official certifying
document issued by the consigner state, indicating the number of packages.
With respect to the diplomatic bags delivered by, or through consignment
transport by the captain of a commercial aircraft, the mission concerned shall
send its personnel to go through the procedures for the handling over, taking
possession of or delivery of the said diplomatic bags.

    Article 9  The members of administrative, technical or service staff of the
mission who are not Chinese citizens, or persons permanently resident in
China, shall submit a written declaration to the Customs when they bring into
the country personal effects, including articles intended for their
establishment imported within 6 months of the time of their installation in
China. Where the aforesaid articles are within reasonable quantities for
direct use (as for cars, one for each household), the Customs shall give
clearance duty-free after examination and verification.

    In case personal effects are sent into or out of the country by post by
the personnel mentioned in the preceding paragraph; the Customs shall handle
the case in accordance with the provisions concerning the personal articles
sent by post.

    In case personal effects are brought into the country by consignment
shipping by the personnel mentioned in the first paragraph of this Article
during their term of office, the Customs shall handle the case by applying
mutatis mutandis the second paragraph of this Article.

    Article 10  In case articles or pouches for official use are brought into
or out of the country by the representative offices of the United Nations or
its specialized agencies, or of other international organizations, in China,
as well as articles for personal use which are brought into or out of the
country by the representatives, the members of the administrative, technical
or service staff of the said representative offices and their spouses and
minor children living with them, the Customs shall handle them in accordance
with the relevant international conventions to which China is a party, and
also with the agreements signed between China and the international
organizations concerned; for cases which are not regulated by the aforesaid
conventions or agreements, the Customs shall handle them with reference to
relevant articles of these Provisions.

    Article 11  In case articles for official use and consular bags are
brought into or out of the country by foreign consular posts in China, and
articles for personal use brought into or out of the country by consular
officers, other members of the consular posts, or their spouses and minor
children living with them, the Customs shall handle them in accordance with
the relevant international conventions to which China is a party, and also
with the agreements signed between China and the countries concerned; for
the cases which are not regulated by the aforesaid conventions or agreements,
the Customs shall handle them in accordance with the principle of reciprocity
and with reference to the relevant Articles of these Provisions.

    Article 12  These Provisions shall go into effect as of the date of
promulgation.





PROCEDURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE CONTROL AND SUPERVISION OF TEMPORARILY IMPORTED GOODS

CIRCULAR OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE ON WHETHER THE LEASED EQUIPMENTS CAN BE INVESTED IN THE EQUITY JOINT VENTURES AS THE REGISTERED ASSETS BY THE EQUITY JOINT VENTURES OR THE INVESTORS HOME AND ABROAD OF THE EQUITY JOINT VENTURES

The Ministry of Foreign Economic Relations and Trade

Circular of the Ministry of Foreign Economic Relations and Trade on Whether the Leased Equipments Can Be Invested in the Equity Joint
Ventures as the Registered Assets by the Equity Joint Ventures or the Investors Home and Abroad of the Equity Joint Ventures

WaiJingMaoFaZi [1986] No.12

May 19, 1986

The Planning Commission of Nantong, and the departments (commissions, bureaus) economic relations and trade of various provinces,
autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan:

The equipments invested in the joint venture as the registered assets should be owed by the investors. For the leasing equipments,
the leasers are enpost_titled to use them only but do not share the ownership. So we think the leasing equipments from the leasing companies
cannot be invested in the joint ventures as the registered assets by the joint ventures or the investors home and abroad of the joint
ventures.



 
The Ministry of Foreign Economic Relations and Trade
1986-05-19

 






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS TO APPROVE THE OPENING OF THE NANJING PORT AT THE CHANGJIANG RIVER TO FOREIGN SHIPS

REGULATIONS OF THE GENERAL ADMINISTRATION OF CUSTOMS ON THE IMPORT AND EXPORT OF ARTICLES BY DIPLOMATIC MISSIONS AND THEIR MEMBERS IN CHINA

Regulations of the General Administration of Customs of the PRC on the Import and Export of Articles by Diplomatic Missions and Their
Members in China

     (Effective Date:1986.12.01–Ineffective Date:)

   Article 1. These Regulations are formulated in accordance with the Regulations of the People’s Republic of China on Diplomatic Privileges and
Immunities.

   Article 2. Articles for official use by diplomatic missions in China (hereinafter referred to as “missions”) and personal effects of members
of missions may only be imported in accordance with these Regulations except where bilateral agreements stipulate otherwise.

In the preceding paragraph, the term “articles for official use” refers to articles required for direct use by missions in the performance
of their functions including furniture, furnishings, office equipment and stationery, supplies fo receptions, and motor vehicles.
The term “personal effects” refers to articles required for direct personal use by members of missions, their spouses and children
who have not yet attained majority living with them during their stay in China, including furniture, household electrical appliances
and motor vehicles.

   Article 3. Written declarations of articles for official use imported or exported by missions and personal effects conveyed into or out of China
by diplomatic agents through consignment shipping or by mail shall be made to Customs. A diplomatic agent entering or leaving China
shall make a verbal declaration to Customs of his personal baggage and effects accompanying him as hand luggage or on his means of
transport and the items shall be released by Customs without inspection.

If however there are serious grounds for presuming that amongst the items there are articles not for official or personal use or articles
the import or export of which is prohibited by Chinese laws and regulations, Customs shall be enpost_titled to make an inspection. The
inspection shall be conducted only in the presence of the diplomatic agent or his authorised representative.

   Article 4. Articles for official use declared for import by missions and personal effects declared for import by diplomatic agents shall be
released duty free by Customs after examination and verification that the quantity of the items does not exceed that required for
direct use.

Articles for official use and personal effects declared for export shall be released by Customs after examination and verification.

   Article 5. Articles the import or export of which is prohibited by the Law and regulations of the People’s Republic of China may not be carried
or conveyed into or out of China by missions and their members, except where special circumstances exist necessitating the import
or export of such article in which case the prior approval of the relevant departments of the Chinese Government shall be obtained
and the import or export shall be dealt with in accordance with the relevant provisions of the Chinese Government.

In order to import wireless transceivers and related equipment a written application must first be approved by the Chinese Ministry
of Foreign Affairs. Missions and their members shall make a declaration to Customs and present relevant documents of approval, and
customs shall clear the equipment for import following examination and verification.

Cultural relics to be carried or conveyed out of China shall first be declared to Customs and, following examination by the cultural
administration departments, as designated by the State cultural administration, of the province, autonomous region or directly administered
municipality, an Export Permit shall be issued. Missions and their members shall submit the relevant permits to Customs, which shall
clear the relics for export following examination and verification.

The carriage or conveyance of firearms and bullets into or out of China shall comply with the provisions of the Measures of the People’s
Republic of China on Firearms Control.

The carriage or conveyance of articles into or out of China which are subject to control under China’s statutory regulations on quarantine
shall be dealt with by Customs in accordance with the relevant statutory regulations.

   Article 6. Articles which are declared by missions and their members out which are prohibited by Chinese laws and regulations from being imported
or exported may be withheld by Customs, unless approved for import or export by the relevant departments of the Chinese Government,
and shall be returned to their place of despatch by the missions or their members within 90 days. Articles not returned within this
period shall be sold by Customs at their market value and the proceeds shall be paid to the State Treasury.

   Article 7. Articles imported duty free by missions or their members may not be transferred. Prior approval shall be obtained from Customs when
special reasons necessitate such a transfer.

The assignee or assignor of articles which have been approved for transfer shall complete tax payment or tax exemption formalities
with Customs in accordance with regulations.

   Article 8. The diplomatic bag of a mission, whether outbound or incoming, shall be released by Customs without inspection. The diplomatic bag
shall be sealed and bear visible external marks of its character, and may contain only diplomatic documents and articles intended
for official use.

A diplomatic courier, when conveying a diplomatic bag, shall be provided with a courier certificate issued by the competent authorities
of the sending State. The captain of a commercial aircraft may be entrusted with the task of conveying a diplomatic bag for a mission,
but he shall be provided with an official document issued by the consigning State (indicating the number of packages constituting
the bag). Where the diplomatic bag is conveyed by the captain of a commercial aircraft or through consignment shipping, the mission
shall send a staff member to complete the procedures for transfer,collection or despatch.

   Article 9. Members of the administrative and technical staff and service staff of missions shall, if they are not citizens or permanent residents
of China, make written declarations to Customs of personal effects to be carried or conveyed into China, including articles intended
for their establishment in China which are imported within six months of the time of installation of the staff members. These items
shall be released duty free by Customs after examination and verification that the quantity of the items does not exceed that required
for direct use by the persons concerned (except for motor vehicles, in which case there shall be a limit of one per family). Personal
effects declared for carriage or conveyance out of China shall be released by Customs after examination and verification.

Articles for personal use mailed into or out of China by the mission staff mentioned in the previous paragraph shall be handled by
Customs in accordance with the relevant provisions on private postal articles.

Articles for personal use conveyed into China through consignment shipping during the tenure of office of the mission staff mentioned
in the first paragraph of this Article shall be handled by Customs in accordance with the provisions of the second paragraph of this
Article.

   Article 10. Articles for official use and mailbags of the offices of organisations of the United Nations and its special agencies and representative
offices in China of other international organisations and articles for personal use conveyed into or out of China by their representatives
and member of their administrative and technical staff and service staff, their spouses and children who have not yet attained majority
living with them shall be handled by who Customs in accordance with the relevant international conventions to which China has acceded
and in accordance with the agreements China has concluded with the international organisations concerned. Matters not covered in
these conventions and agreements shall be dealt with having reference to the relevant provisions of these Regulations.

   Article 11. Articles for official use and consular bags imported or exported by foreign consulates in China and articles for personal use conveyed
into or out of China by consular officers and members of consular staff, their spouses and children who have not yet attained majority
living with them shall be handled by Customs in accordance with the relevant international conventions to which China has acceded
and in accordance with the agreements China has concluded with the countries concerned. Matters not covered in these conventions
and agreements shall be dealt with having reference to the relevant provisions of these Regulations on a reciprocal basis.

   Article 12. These Regulations shall take effect from the date of promulgation.

    





PROVISIONAL MEASURES FOR THE ADMINISTRATION OF THE REPRODUCTION OF TRADEMARK

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL FOR TRANSMITTING THE REQUEST SUBMITTED BY THE CHINA NATIONAL PETROCHEMICALS CORPORATION AND THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE FOR INSTRUCTIONS ON CHECKING THE ACTIVITIES BY SOME UNITS IN THE COASTAL AREAS THAT TAKE ADVANTAGE OF REFUELLING AT SEA TO ENGAGE IN ILLEGAL TRANSACTION OF FOREIGN EXCHANGE

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1985-07-17 Effective Date  1905-07-17  


Circular of the General Office of the State Council for Transmitting the Request Submitted by the China National Petrochemicals Corporation
and the Ministry of Foreign Economic Relations and Trade for Instructions on Checking the Activities by Some Units in the Coastal
Areas That Take Advantage of Refuelling at Sea to Engage in Illegal Transaction of Foreign Exchange

Circular
Request of the China National Petrochemicals Corporation and the Ministry

(July 17, 1985)

Circular

    The State Council has approved the Request for Instructions on Checking,
the Activities by Some Units in the Coastal Areas That Take Advantage of
Refuelling at Sea to Engage in Illegal Transaction of Foreign Exchange, which
was submitted by the China National Petrochemicals Corporation and the
Ministry of Foreign Economic Relations and Trade and hereby transmits it to
you for you to act upon accordingly.

    Petroleum and its products are important means of production and export
materials, for which there shall be a unified policy and strengthened
administration. The activities by some units in the coastal areas of Guangdong
Province and of the Guangxi Zhuang Nationality Autonomous Region that take
advantage of refuelling at sea to engage in illegal transaction of foreign
exchange have not only caused economic losses to the State but also adversely
affected the normal petroleum business operations in the region encompassing
Hong Kong and Macao. Resolute measures shall therefore be adopted to check
these activities. The People’s Governments of Guongdong Province and the
Guangxi Zhuang Nationality Autonomous Region shall organize the units
concerned to earnestly investigate and rectify the situation and seriously
study and carry out the four measures put forward by the China National
Petrochemicals Corporation and the Ministry of Foreign Economic Relations and
Trade, which shall in turn send their personnel to assist the Province and the
Region in doing a good job of this work.
Request of the China National Petrochemicals Corporation and the Ministry
of Foreign Economic Relations and Trade for Instructions on Checking the
Activities by Some Units in the Coastal Areas That Take Advantage of
Refuelling at Sea to Engage in Illegal Transaction of Foreign Exchange
(Excerpts)

    Since the beginning of last year, the phenomenon has become extremely
striking in which some units and unlawful merchants take advantage of
refuelling at sea to engage in illegal transaction of foreign exchange. In
order to seek exorbitant profit, some units have, without authorization,
installed offshore filling points (or stations). Among these units, there
are commercial departments, departments for aquatic products, enterprises
jointly run by the special economic zones and the inland areas, offshore
petroleum service companies as well as enterprises run by rural people’s
communes and production brigades and teams.

    At present, such illegal activities are continuing to spread. Refuelling
at sea has been developed to the extent that not only fishing boats but also
oil tankers are involved and the fuels involved include not only diesel oil
for fishing boats but also kerosene. As a result of the speculative buying
and reselling on the part of unlawful merchants, such illegal activities have
developed to the extent that they are conducted not only at sea but also on
land and the amounts of foreign exchange involved are ceaselessly increasing.
In view of the above-stated situation, drastic measures must be adopted to
resolutely ban such illegal activities. Towards this end, we propose to adopt
the following 4 measures:

    1. Petroleum is an important means of production and export material and
it is therefore imperative to strengthen the administration in this respect.
From now on, the units that shall be enpost_titled to handle the business of
refuelling at sea shall be restricted to the sales companies affiliated to
the China National Petrochemicals Corporation or the associated units of
these sales companies and the China Vessel Fuel Supplying Corporation only
(and the fuels shall only be used for refuelling sea vessels and may not be
sold to any other units). No other units shall have a hand in the handling of
this business. It is imperative for units that are authorized to handle the
business to strengthen the administration in this respect, perfect their
management system, stop loopholes and make a special effort to prevent the
occurrence of the phenomenon in which fuels to be sold at listed prices are
sold at negotiated prices. The State Administration for Industry and Commerce
shall, in accordance with the above provisions, check up on the units engaged
in petroleum business in the offshore areas of Guangdong Province and of the
Guangxi Zhuang Nationality Autonomous Region. Any units that are found at
variance with the above provisions shall be resolutely banned and units that
are in conformity with the above provisions shall go through the procedures
of registration and be issued with business licences.

    2. With respect to the supply of fuels to fishing boats of the fishermen
with dual domicile in the coastal areas of Guangdong Province, fuels that are
supplied at listed prices shall be handled in accordance with the existing
procedures whereas high-price fuels shall, without exception, be paid in
foreign exchange. All the foreign exchange revenue therefrom shall be handed
over to the Bank of China to be changed into Renminbi. With respect to the
supply of fuels to fishing boats of inland fishermen and vessels for
communications and transportation (and, it is imperative to make a distinction
between vessels engaged in inland navigation and those engaged in ocean
transportation), the departments for aquatic products and the departments for
oil supply shall formulate supply procedures so as to prevent fuels from being
smuggled out.

    3. The supply prices of fuels to be used for refuelling fishing boats at
sea shall be exclusively administered by the China National Petrochemicals
Corporation. The various offshore filling stations shall in principle fix
their prices with reference to the prevailing market prices in Hong Kong and
Macao to be published daily by the local petroleum company. The China National
Petrochemicals Corporation shall make co-ordinations between the prevailing
oil market prices in Hong Kong and Macao and the negotiated prices of fuels to
be used for refuelling fishing boats at sea. No units may compete by lowering
selling prices.

    4. The State Administration for Industry and Commerce shall strengthen the
supervision and inspection of the offshore filling stations and the Customs
shall strengthen its anti-smuggling work.

    If there is nothing inappropriate with the above proposed measures, it is
hereby requested that they be approved and transmitted to the people’s
governments at various levels in the coastal areas and the units concerned
for implementation.





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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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