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(Adopted at the 3rd Meeting of the Standing Committee of the Tenth National People’s Congress on June 28, 2003 and
promulgated by Order No.6 of the President of the People’s Republic of China on June 28, 2003)
Contents
Chapter I General Provisions
Chapter II Supervision over Prevention and Control of Radioactive Pollution
Chapter III Prevention and Control of Radioactive Pollution Caused by Nuclear Installations
Chapter IV Prevention and Control of Radioactive Pollution Caused by Utilization of Nuclear Technology
Chapter V Prevention and Control of Radioactive Pollution During Exploitation of Uranium (Thorium) and Accompanying
Radioactive Mines
Chapter VI Control of Radioactive Waste
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted to prevent and control radioactive pollution, protect the environment, ensure human health, and
promote the development and peaceful use of nuclear energy and technology.
Article 2 This Law shall be applicable to the prevention and control of radioactive pollution discharged in the course of site
selection, construction, operation and decommissioning of nuclear installations and in the cause of development and utilization of
nuclear technology, uranium (thorium) and accompanying radioactive mines in the territory of the People’s Republic of China and in
the territorial waters under its jurisdiction.
Article 3 In prevention and control of radioactive pollution, the State applies the principles of putting prevention first,
combining prevention and control measures, exercising rigorous control, and giving priority to safety.
Article 4 The State encourages and supports scientific research in, and the development and utilization of technology for,
the prevention and control of radioactive pollution, and the wide use of advanced technology in the effort.
The State supports international exchange and co-operation in prevention and control of radioactive pollution.
Article 5 People’s governments at or above the county level shall incorporate the work for prevention and control of radioactive
pollution into their plans for environmental protection.
People’s governments at or above the county level shall take charge of dissemination and education aimed at preventing and controlling
radioactive pollution, in order to keep the general public informed of the situation, and impart to them scientific knowledge, related
to the prevention and control of radioactive pollution.
Article 6 Every unit and individual shall have the right to report to the authorities and bring a charge against any act that
causes radioactive pollution.
Article 7 People’s government at or above the county level shall give rewards to units and individuals that make outstanding
achievements in prevention and control of radioactive pollution .
Article 8 The administrative department for environmental protection under the State Council shall, in accordance with law,
exercise unified supervision over the prevention and control of radioactive pollution throughout the country.
The administrative department for health under the State Council as well as the relevant departments shall, in compliance with their
duties defined by the State Council and in accordance with law, exercise supervision over the prevention and control of radioactive
pollution.
Chapter II
Supervision over Prevention and
Control of Radioactive Pollution
Article 9 The administrative department for environmental protection under the State Council shall, in accordance with the
requirements for environmental safety and on the basis of the economic and technological conditions of the State, formulate national
standards for prevention and control of radioactive pollution. Such standards shall jointly be issued by the administrative department
for environmental protection under the State Council and the administrative department for standardization under the State Council.
Article 10 The State establishes a system for monitoring radioactive pollution. The administrative department for environmental
protection under the State Council shall, in conjunction with the relevant departments under the State Council, form an environmental
monitoring network to monitor and control radioactive pollution.
Article 11 The administrative department for environmental protection under the State Council and the relevant departments under
the State Council shall, in accordance with their division of duties and respective responsibilities and by exchanging information
and acting in close co-ordination, conduct supervision and inspection of the prevention and control of radioactive pollution discharged
by nuclear installations and in the course of exploiting uranium (thorium) mines.
The administrative departments for environmental protection under the local people’s government at or above the county level and
the relevant departments at the same level shall, in accordance with their division of duties and respective responsibilities and
by exchanging information and acting in close co-ordination, conduct supervision and inspection of the prevention and control of
radioactive pollution discharge in the cause of utilizing nuclear technology and exploiting accompanying radioactive mines in their
respective administrative regions.
When conducting on-the-spot inspection, the supervisors and inspectors shall produce their identification documents. The units under
inspection shall give a truthful report of the situation and provide the necessary information. The supervisors and inspectors shall
keep confidential the technological and professional secrets of the units under inspection. When conducting inspection of the units
and locations related to State secrets, they shall observe relevant State regulations for guarding State secrets and go through the
relevant formalities of examination and approval in accordance with law.
Article 12 Units that operate nuclear installations, utilize nuclear technology, or exploit uranium (thorium) and accompanying
radioactive mines shall be responsible for prevention and control of radioactive pollution in their own units, subject themselves
to supervision by the administrative department for environmental protection and the relevant departments and, in accordance with
law, bear the responsibility for radioactive pollution caused.
Article 13 Units that operate nuclear installations, utilize nuclear technology, or exploit uranium (thorium) and accompanying
radioactive mines shall adopt safety and protective measures to prevent the occurrence of any kind of accident that may lead to radioactive
pollution and to avoid hazards incurred by such pollution.
Units that operate nuclear installations, utilize nuclear technology, or exploit uranium (thorium) and accompanying radioactive mines
shall provide their workers with education and training in safety from radiation and adopt effective protective and safety measures.
Article 14 The State applies a qualification control system among the professionals engaged in the prevention and control of
radioactive pollution, as well as among the institutions engaged in monitoring of radioactive pollution.
Article 15 For transport of radioactive material and radiation-emitting devices containing radioactive sources, effective measures
shall be adopted to prevent radioactive pollution. Specific measures shall be formulated by the State Council.
Article 16 Radioactive material and radiation-emitting devices shall be attached with clear radiation labels and warning descriptions
in Chinese. The places where radioactive material and radiation-emitting devices are produced, marketed, used, stored or disposed
of and the means of transport for radioactive material and radiation-emitting devices containing radioactive sources shall be put
with clear marks of radiation.
Article 17 Products containing radioactive material shall conform to national standards for prevention and control of radioactive
pollution; products that do not conform to such standards shall not leave the factory or be put on the market.
Slag from accompanying radioactive mines and stone materials containing natural radioactive substances shall be used for construction
and refurbishing in conformity with the national standards for the control of radioactive nuclides in construction materials.
Chapter III
Prevention and Control of Radioactive
Pollution Caused by Nuclear Installations
Article 18 The site for nuclear installations shall be selected on the basis of scientific demonstration, and the formalities
of examination and approval shall be gone through in accordance with relevant State regulations. Before going through the examination
and approval formalities for selection of the site for nuclear installations, an environmental impact report shall be prepared and
submitted to the administrative department for environmental protection under the State Council for examination and approval; without
approval, the relevant department shall not issue approval documents for selection of such a site.
Article 19 Before construction, fuel loading, operation or decommissioning of nuclear installations, the units that operates
nuclear installations shall, in accordance with regulations of the State Council on supervision of nuclear installation safety, apply
for a licence for construction and operation of nuclear installations and go through the formalities of examination and approval
for fuel loading and decommissioning.
The unit that operates nuclear installations shall, only after obtaining the relevant licence or approval document, proceed to construct
nuclear installations, load fuel, operate or decommission such installations accordingly.
Article 20 Before applying for a licence for construction and operation of nuclear installations or going through the formalities
of examination and approval for their decommissioning, the unit that operates the nuclear installations shall prepare an environmental
impact report and submit it to the administrative department for environmental protection under the State Council for examination
and approval; in the absence of such approval, the relevant department shall not issue the licence or approval document.
Article 21 The facilities for prevention and control of radioactive pollution in support of nuclear installations shall be designed,
constructed and put into operation simultaneously with the main part of the project.
The facilities for prevention and control of radioactive pollution shall be checked and accepted simultaneously with the main part
of the project. Only after they are accepted as qualified may the main part of the project be put into production or operation.
Article 22 Imported nuclear installations shall conform to the national standards for prevention and control of radioactive
pollution; where there are no such standards appropriate to the imported nuclear installations, relevant foreign standards designated
by the administrative department for environmental protection under the State Council shall be used.
Article 23 Planned restricted zones shall be delimited on the periphery of nuclear power plants and other important nuclear
installations. Measures for delimiting and controlling the planned restricted zones shall be formulated by the State Council.
Article 24 The unit that operates nuclear installations shall monitor the types and concentration of radioactive nuclides in
the environment surrounding the nuclear installations as well as the total quantity of the radioactive nuclides in the effluents
from the nuclear installations and shall, at regular intervals, report the monitoring results to the administrative department for
environmental protection under the State Council and to such department under the people’s government of a province, autonomous region,
or municipality directly under the Central Government where the unit is located.
The administrative department for environmental protection under the State Council shall be responsible for supervisory monitoring
of the nuclear power plants and other important nuclear installations and, where necessary, for monitoring of the effluents from
other nuclear installations. The expenses for establishment, operation and maintenance of the system for supervisory monitoring shall
be covered by the financial budget.
Article 25 The unit that operates nuclear installations shall set up a sound security and safeguard system, enhance security
and safeguard work, and accept supervision and guidance from public security departments.
To be fully prepared for an emergency, the unit that operates nuclear installations shall draw up an in-site emergency plan for nuclear
accident in conformity with the size and nature of the nuclear installations.
In the event of an instant nuclear accident, the unit that operates nuclear installations shall immediately take effective emergency
measures to keep the accident under control and shall report the matter to the department in charge of nuclear installations, the
administrative departments for environmental protection, for health and for public security and to the other departments concerned.
Article 26 The State establishes a sound emergency system for nuclear accidents.
The department in charge of nuclear installations, the administrative departments for environmental protection, for health and for
public security and the other departments concerned shall, under the coordination and leadership of the people’s government at the
same level, in compliance with their respective duties and in accordance with law, successfully cope with emergencies caused by nuclear
accidents.
The Chinese People’s Liberation Army and the Chinese People’s Armed Police Force shall, in accordance with the relevant regulations
of the State Council and the Central Military Commission, render effective assistance in emergency caused by nuclear accident.
Article 27 The unit that operates nuclear installations shall draw up plans for decommissioning of such installations.
The expanses for decommissioning of nuclear installations and for disposing of radioactive waste shall be withdrawn in advance and
shall be included in the budgetary estimates of investment or in production cost. The measures for withdrawal and control of the
money to defray the expenses for decommissioning of nuclear installations and for disposal of radioactive waste shall be formulated
by the department of finance and the department for pricing under the State Council, in conjunction with the administrative department
for environmental protection and the department in charge of nuclear installations under the State Council.
Chapter IV
Prevention and Control of Radioactive
Pollution Caused by Utilization of Nuclear Technology
Article 28 Any unit that produces, sells or uses radioisotopes and radiation-emitting devices shall, in accordance with the
regulations of the State Council regarding protection against radiation released by radioisotopes and radiation-emitting devices,
apply for a licence and go through the formalities of registration.
Any unit that transfers ownership of or imports radioisotopes and radiation-emitting devices and any unit that is equipped with radioisotope
instruments shall, in accordance with the regulations of the State Council regarding protection against radiation released by radioisotopes
and radiation-emitting devices, go through the relevant formalities.
Article 29 Any unit that produces, sells and uses radioisotopes, accelerators, neutron generators and radiation-emitting devices
containing radioactive sources shall, before applying for a licence, draw up an environmental impact assessment document and submit
it to the administrative department for environmental protection under the people’s government of a province, autonomous region,
or municipality directly under the Central Government for examination and approval; in the absence of such approval, the relevant
department shall not issue the licence.
The State establishes a system for radioisotope registration. Specific measures shall be formulated by the State Council.
Article 30 The facilities for protection against radiation at the workplace releasing radiation that is to be constructed, reconstructed,
or expanded shall be designed, constructed and put into operation simultaneously with the main part of the project.
The facilities for protection against radiation shall be checked and accepted simultaneously with the main part of the project; only
after they are accepted as qualified may the main part of the project be put into production or operation.
Article 31 Radioisotopes shall be stored separately and shall not be placed together with combustible, explosive, corrosive
substances, etc; at the places where they are stored, effective safety and protective measures shall be taken against fire, theft
and leakage of radioactive rays, and a person shall be designated to be in charge of the storage of the radioisotopes. When radioisotopes
are stored, taken, used and returned, they shall be registered and checked, so that the registration shall agree with the radioisotopes.
Article 32 Any unit that produces or uses radioisotopes and radiation-emitting devices shall, in accordance with the regulations
of the administrative department for environmental protection under the State Council, collect, package and store any radioactive
waste produced.
Any units that produces radioactive sources shall, in accordance with the regulations of the administrative department for environmental
protection under the State Council, retrieve and utilize disused radioactive sources; any unit that uses radioactive sources shall,
in accordance with the regulations of the administrative department for environmental protection under the State Council, return
disused radioactive sources to the unit that produces such sources or send such sources to the unit that is specialized in storing
or disposing of solid radioactive waste.
Article 33 Any unit that produces, sells, uses, or stores radioactive sources shall establish a sound security and safeguard
system, designate a person to take charge, implement the security responsibility system, and formulate necessary contingency measures
against accidents. When radioactive sources are missing or stolen or an accident causing radioactive pollution occurs, the
unit and individuals concerned shall immediately adopt contingency measures and report the matter to the public security department
and the administrative departments for health and for environmental protection.
After receiving the report of the missing or theft of radioactive sources or the accident causing radioactive pollution, the public
security department and the administrative departments for health and for environmental protection shall report the matter to the
people’s government at the same level and, in compliance with their respective responsibilities, immediately make arrangements and
take effective measures to prevent the spread of radioactive pollution and lighten the losses caused by the accident. The local people’s
government shall promptly inform the public of the situation and conscientiously investigate and deal with the accident.
Chapter V
Prevention and Control of Radioactive Pollution
During Exploitation of Uranium (Thorium) and
Accompanying Radioactive Mines
Article 34 Any unit that intends to exploit or close down uranium (thorium) mines shall, before applying for a mining licence
or going through the formalities of examination and approval for decommissioning, prepare an environmental impact report and submit
it to the administrative department for environmental protection under the State Council for examination and approval.
Any unit that intends to exploit accompanying radioactive mines shall, before applying for a mining licence, prepare an environmental
impact report and submit it to the administrative department for environmental protection under the people’s government at or above
the provincial level for examination and approval.
Article 35 The facilities for prevention and control of radioactive pollution to be built in support of a construction project
for the exploitation of uranium (thorium) and accompanying radioactive mines shall be designed, constructed and put into operation
simultaneously with the main part of the project.
The facilities for prevention and control of radioactive pollution shall be checked and accepted simultaneously with the main part
of the project; and only after they are accepted as qualified may the main part of the project be put into production or operation.
Article 36 Any unit that exploits uranium (thorium) mines shall monitor the effluents from the uranium (thorium) mines and
the surrounding environment and shall, at regular intervals, report the monitoring results to the administrative department for environmental
protection under the State Council and to such a department under the people’s government of a province, autonomous region, or municipality
directly under the Central Government where the unit is located.
Article 37 Tailings repositories shall be constructed for the storage and disposal of tailings produced in the course of exploitation
of uranium (thorium) and accompanying radioactive mines; such repositories constructed shall conform to the requirements for prevention
and control of radioactive pollution.
Article 38 Any unit that exploits uranium (thorium) mine shall draw up plans for decommissioning of uranium (thorium) mines.
The expenses for decommissioning uranium mines shall be covered by the State financial budget.
Chapter VI
Control of Radioactive Waste
Article 39 Any unit that operates nuclear installations, utilizes nuclear technology, or exploits uranium (thorium) and accompanying
radioactive mines shall rationally select and use raw and processed materials and adopt advanced production techniques and equipment
in order to reduce as far as possible the quantity of radioactive waste produced.
Article 40 Any unit that discharges gaseous or liquid radioactive waste into the environment shall conform to the national
standards for prevention and control of radioactive pollution.
Article 41 Any unit producing gaseous or liquid radioactive waste that discharges such waste into the environment in conformity
with the national standards for prevention and control of radioactive pollution shall apply for discharge quantity of radionuclides
to the administrative department for environmental protection that is in charge of examination and approval of the environmental
impact assessment documents and shall, at regular intervals, report the discharge quantity calculated.
Article 42 Any unit that produces liquid radioactive waste shall, in accordance with the requirements of the national standards
for prevention and control of radioactive pollution, treat or store the liquid radioactive waste that is not allowed to be discharged
into the environment.
Any unit producing liquid radioactive waste that discharges such waste into the environment in conformity with the national standards
for prevention and control of radioactive pollution shall adopt the means of discharge that conforms to the regulations of the administrative
department for environmental protection under the State Council.
The use of seeping wells, seeping pits, natural crevices, limestone caves or other means of discharge forbidden by the State for
liquid radioactive waste is prohibited.
Article 43 Low- and intermediate- level solid radioactive waste shall be disposed of near the surface of the areas that conform
to State regulations.
High-level solid radioactive waste shall be disposed of in centralized deep geological disposal facility.
Solid alpha-radioactive waste shall be disposed of in accordance with the provisions of the preceding paragraph.
The disposal of solid radioactive waste in inland waters or oceans is prohibited.
Article 44 The department for nuclear installations under the State Council shall, in conjunction with the administrative department
for environmental protection under the State Council, on the basis of geological factors and the need of disposal of solid radioactive
waste and on the basis of the environmental impact assessment, draw up plans for selecting places for disposing of solid radioactive
waste, and shall have the plans implemented after obtaining approval of the State Council.
The local people’s governments concerned shall, in accordance with the plans for selecting places for disposing of solid radioactive
waste, provide land for construction of such places and adopt effective measures in support of the disposal of solid radioactive
waste.
Article 45 Any unit that produces solid radioactive waste shall, in accordance with the regulations of the administrative department
for environmental protection under the State Council and after treating the solid radioactive waste produced, send for disposal such
waste to a unit that disposes of solid radioactive waste and shall pay the fee for disposal.
Administrative measure for collection and use of the fees for disposal of solid radioactive waste shall be formulated by the department
of finance and the department for pricing, in conjunction with the administrative department for environmental protection under
the State Council.
Article 46 The establishment of a specialized unit for storage and disposal of solid radioactive waste shall be subject to
examination and approval by the administrative department for environmental protection under the State Council before obtaining a
licence. Specific measures shall be formulated by the State Council.
Engaging in activities for the storage or disposal of solid radioactive waste without a licence or at variance with the relevant
provisions of the licence is prohibited.
Sending solid radioactive waste to a unit without a licence for storage or disposal or entrusting such a unit with the same is prohibited.
Article 47 Importing into or transferring from the territory of People’s Republic of China radioactive waste or radioactive-
contaminated goods is prohibited.
Chapter VII
Legal Responsibility
Article 48 Any staff member exercising supervision over the prevention and control of radioactive pollution who, in violation
of the provisions of law, commits one of the following acts by taking advantage of his position to accept or receive money or things
of value from another person or seek other benefits, or neglecting his duty shall be given an administrative sanction in accordance
with law; and if the violation constitutes a crime, he shall be investigated for criminal responsibility in accordance with law:
(1) issuing a licence or approval document to a unit that does not meet the statutory requirements;
(2) failing to perform his supervisory duty in accordance with law; and
(3) failing to investigate and deal with an illegal act discovered.
Article 49 Any unit that, in violation of the provisions of this Law, commits one of the following acts shall be instructed
by the administrative department for environmental protection under the people’s government at or above the county level or by a
relevant department, in compliance with its functions and powers, to rectify within a time limit and it may be fined not more than
RMB 20,000yuan:
(1) failing to report the relevant environmental monitoring results in accordance with regulations; and
(2) refusing to accept on-the-spot inspection by the administrative departments for environmental protection and by relevant departments
or during inspection failing to give a truthful report of the situation and to provide the necessary data.
Article 50 Any unit that, in violation of the provisions of this Law, constructs or operates nuclear installations or produces
or uses radioisotopes or radiation-emitting devices, etc. , without drawing up an environmental impact assessment document or obtaining
approval of such document by the administrative department for environmental protection shall be instructed by the administrative
department for environmental protection, which examines and gives approval to environmental impact assessment documents, to cease
such violation, to go through the formalities within a time limit, or put the place back to its original state and shall, in addition,
be fined not less than 10,000 yuan but not more than 200,000 yuan.
Article 51 Where, in violation of the provisions of this Law, the facilities for prevention and control of radioactive pollution
or the facilities for protection against radiation are not constructed, or the main part of the project is put into production or
operation when the said facilities are not accepted as qualified, the administrative department for environmental protection, which
examines and gives approval to environmental impact assessment documents, shall order cessation of the violation, set a time limit
on its rectification and, in addition, impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.
Article 52 Any unit operating nuclear installations that, in violation of the provisions of this Law and without obtaining
a license or approval, constructs, loads fuel into, operates or decommissions nuclear installations shall be instructed by the administrative
department for environmental protection under the State Council to cease the violation and to rectify within a time limit and shall,
in addition, be fined not less than 200,000 yuan but not more than 500,000 yuan. If the violation constitutes a crime, it shall be
investigated for criminal responsibility in accordance with law.
Article 53 Any unit that, in violation of the provisions of this Law, produces, sells, uses, transfers ownership of, imports
or stores radioisotopes or radiation-emitting devices or is equipped with instruments
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The Standing Committee of the Tenth National People’s Congress
Order of the President of the People’s Republic of China
No. 8
The “Law of the People’s Republic of China on Road Traffic Safety”, which was adopted at the 5th Session of the Standing Committee
of the Tenth National People’s Congress of the People’s Republic of China on October 28, 2003, is hereby promulgated, and shall come
into force on May 1, 2004.
Hu Jintao,President of the People’s Republic of China
October 28, 2003
Law of the People’s Republic of China on Road Traffic Safety ContentsChapter I General Principles
Chapter II Vehicles and Drivers
Section 1 Motor Vehicles and Non-Motor Vehicles
Section 2 Motor Vehicle Drivers
Chapter III Conditions for Road Passage
Chapter IV Provisions on Road Passage
Section 1 General Provisions
Section 2 Provisions on Passage of Motor Vehicles
Section 3 Provisions on Passage of Non-motor Vehicles
Section 4 Provisions on Passage of Pedestrians and Passengers
Section 5 Particular Provisions on Expressways
Chapter V Handling of Traffic Accidents
Chapter VI Supervision over Law Enforcement
Chapter VII Legal LiabilitiesChapter VIII Supplementary Provisions
Chapter I General Principles
Article 1
The present Law is formulated with a view to maintaining the road traffic order, preventing and reducing traffic accidents, protecting
personal safety, protecting the safety of properties of citizens, legal persons and other organizations, and also other lawful rights
and interests, as well as improving the passage efficiency.
Article 2
All vehicle drivers, pedestrians, passengers, road traffic activity-related entities and individuals inside the territory of the People’s
Republic of China shall abide by the present Law.
Article 3
The work of road traffic safety shall be in compliance with the principles of administration according to law and facilitating the
masses, and shall guarantee the orderliness, safety, and smooth going of the road traffic.
Article 4
The people’s governments at all levels shall guarantee that the administration of road traffic safety suits the economic construction
and social development.
The local people’s governments at the county level or above shall adapt to the needs in road traffic development, and shall, in accordance
with the road traffic safety laws and regulations as well as the relevant policies of the State, formulate the administrative planning
on road traffic safety, and arrange for the implementation thereof.
Article 5
The public security institution under the State Council shall be responsible for the administration of road traffic safety nationwide.
The traffic administrative departments of the public security organs under the local people’s governments at the county level or
above shall be responsible for the administration of road traffic safety within their respective jurisdictions.
The traffic and construction administrative departments under the people’s governments at the county level and above shall, upon their
respective duties, be responsible for the relevant work on road traffic.
Article 6
The people’s governments at all levels shall educate people regularly about road traffic safety so to improve the citizens’ consciousness
of road traffic safety.
The traffic administrative departments of the public security organs and their traffic policemen shall, when exercising their functions,
strengthen propaganda of road traffic safety laws and regulations, and set examples in abiding to the road traffic safety laws and
regulations.
State organs, armed forces, enterprises, public institutions, public organizations and other organizations shall educate their own
staff members about road traffic safety.
The administrative departments of education and the schools shall incorporate the education of road traffic safety into legal education.
News agencies, publishing entities, broadcasting and television stations, and other relevant entities are obligated to educate people
about road traffic safety.
Article 7
For the administration of road traffic safety, scientific researches shall be strengthened, meanwhile, advanced administrative methods,
techniques and equipment shall be extended and used.
Chapter II Vehicles and Drivers
Section 1 Motor Vehicles and Non-Motor Vehicles
Article 8
The State applies a system of registration to motor vehicles. A motor vehicle is not allowed to run on road until it has been registered
by the traffic administrative department of the public security organ. If an unregistered motor vehicle needs to temporarily run
on road, it shall have a temporary passage certificate.
Article 9
Whoever applies for the registration of a motor vehicle shall submit the following proofs and certificates:
(1)
identification proof of the owner of the motor vehicle;
(2)
proof on the provenance of the motor vehicle;
(3)
proof on being qualified when the whole motor vehicle left factory or import documentation on the imported motor vehicle;
(4)
proof on payment of vehicle purchase tax or documentation on tax-exemption;
(5)
other proofs and certificates prescribed by any law or administrative regulation to be submitted for the registration of the motor
vehicle.
The traffic administrative department of the public security organ shall, within 5 working days as of accepting an application, complete
the registration and examination of the motor vehicle, and shall issue the motor vehicle registration certificate, the plate and
the driving permit if the said vehicle meets the conditions prescribed in the preceding paragraph; or shall state the reason of rejecting
registration to the applicant if the said vehicle fails to meet the conditions prescribed in the preceding paragraph.
Any entity or individual other than the traffic administrative department of the public security organ shall not issue a motor vehicle
plate or demand that a motor vehicle carry any other plate, unless otherwise prescribed by the present Law.
The pattern of the registration certificate, plate and driving permit of a motor vehicle shall be prescribed by and their production
shall be supervised by the public security institution under the State Council.
Article 10
A motor vehicle which is permitted to be registered shall meet the national technical standards for the safety of motor vehicles.
At the time of application for the registration of a motor vehicle, the applicant shall accept the technical inspection of safety
on the motor vehicle. However, if a type of new motor vehicle which is produced by an enterprise ascertained by the administrative
department of the State for motor vehicle products according to the national technical standards of safety of motor vehicles is found
upon inspection to have met such national technical standards when it leaves the factory and a conformity inspection certificate
has been obtained, the technical inspection of safety may be exempted.
Article 11
Whoever drives a motor vehicle on road shall hang a motor vehicle plate, place the conformity inspection mark and the insurance sign,
as well as bring with him the driving permit for the motor vehicle.
A motor vehicle plate shall be hung in accordance with the provisions and be kept clear and integral, instead of being intentionally
sheltered or smeared.
No entity or individual shall confiscate or detain any motor vehicle plate.
Article 12
In case any of the following circumstances occurs, the corresponding registration shall be made:
(1)
The ownership of a motor vehicle is transferred;
(2)
Any registered content of a motor vehicle is modified;
(3)
A motor vehicle is mortgaged; or
(4)
A motor vehicle is discarded as unserviceable.
Article 13
For the motor vehicles running on road after registration, technical inspections of safety shall be carried out in accordance with
the laws and administrative regulations and in light of such different particulars as the purpose of use, the number of passengers
or quantity of goods carried, the service life, etc. of the vehicles. If a driving permit or a compulsory third party liability insurance
policy for a motor vehicle is provided, the institution for the technical inspection of safety of motor vehicles shall carry out
the inspection, and no entity may set any other conditions. If a motor vehicle meets the national technical standards for safety,
the traffic administrative department of the public security organ shall issue the conformity inspection mark.
The technical inspections of safety for motor vehicles shall be conducted by non-government institutions. The specific measures shall
be formulated by the State Council.
In the regions where technical inspections of safety of motor vehicles are conducted by non-government institutions, no entity may
demand any motor vehicle to be inspected at any designated place.
The traffic administrative department of the public security organ or the institution for technical inspections of motor vehicle safety
shall not demand any motor vehicle to be repaired or maintained at any designated place.
The institution for technical inspections of motor vehicle safety shall, if charging fees for the inspections of motor vehicles, strictly
comply with the charging rates ratified by the price administrative institution under the State Council.
Article 14
The State applies a system of compulsory discarding unserviceable to motor vehicles, and prescribes different standards for discarding
motor vehicles as unserviceable in light of their safety and technical conditions as well as their different purposes of use.
For a motor vehicle which ought to be discarded as unserviceable, it must be deregistered in good time.
A motor vehicle which reaches the standards for being discarded as unserviceable shall not run on road. The large passenger vehicles,
wagons and other commercial operating vehicles which have been discarded as unserviceable shall be disassembled under the supervision
of the traffic administrative department of the public security organ.
Article 15
Police cars, fire engines, ambulances and engineering emergency vehicles shall be painted with marked patterns and be installed with
alarms and identification lamps in accordance with relevant provisions. Other motor vehicles shall not be painted or installed with
or use any of the marked patterns, alarms or identification lamps specifically used by or similar to those of the aforementioned
vehicles.
Police cars, fire engines, ambulances and engineering emergency vehicles shall be used strictly pursuant to the prescribed purposes
and conditions.
The special vehicles for highway supervision and inspection shall be set up with uniform marks and warning lamps in accordance with
the provisions of the Highway Law.
Article 16
No entity or individual may:
(1)
assemble any motor vehicle or discretionally change the registered structure, framework or features of any motor vehicle;
(2)
change the motor vehicle type, engine number, chassis number or vehicle identification number;
(3)
forge, alter or use forged or altered registration certificate, plate, driving permit, conformity inspection mark or insurance sign
of any motor vehicle; or
(4)
use the registration certificate, plate, driving permit, conformity inspection mark or insurance sign of any other motor vehicle.
Article 17
The State applies a compulsory third party liability insurance system to motor vehicles, and establishes social assistance funds for
road traffic accidents. The specific measures shall be formulated by the State Council.
Article 18
A non-motor vehicle which ought to be lawfully registered may not run on road until it has been registered by the traffic administrative
department of the public security organ.
The categories of the non-motor vehicles which ought to be lawfully registered shall be prescribed by the people’s governments of
the provinces, autonomous regions, and municipalities directly under the Central Government in light of their respective local actual
situations.
The external size, quality, brakes, bell and night retroreflecting device of a non-motor vehicle shall meet the technical standards
for safety of non-motor vehicles.
Section 2 Motor Vehicle Drivers
Article 19
Whoever drives a motor vehicle shall have lawfully obtained a motor vehicle driving license.
Whoever applies for a motor vehicle driving license shall meet the conditions for driving permission as prescribed by the public security
institution under the State Council; after he is found upon examination be qualified, the traffic administrative department of the
public security organ shall issue a motor vehicle driving license of the corresponding category.
Whoever holds an overseas motor vehicle driving license may, if meeting the conditions for driving permission as prescribed by the
public security institution under the State Council, and assessed by the traffic administrative department of the public security
organ to be qualified, be issued a Chinese motor vehicle driving license.
A driver shall drive a motor vehicle of the permitted type as stated on his driving license; and shall, when driving the motor vehicle,
bring with him his motor vehicle driving license.
No entity or individual other than the traffic administrative department of the public security organ may confiscate or detain a motor
vehicle driving license.
Article 20
The trainings on motor vehicle driving shall be conducted by non-government institutions. For this purpose, the traffic administrative
department shall apply qualification administration to the driving training schools and driving training classes, among which, the
qualification administration of driving training schools and driving training classes for special tractors shall be carried out by
the agricultural (agricultural machinery) administration.
The driving training schools and driving training classes shall, in strict accordance with the relevant provisions of the State, hold
trainings on road traffic safety laws and regulations as well as driving skills for the students and trainees, and guarantee the
training quality.
No State organ or administrative department for driving trainings and examinations may hold or participate in holding driving training
schools or driving training classes.
Article 21
A driver shall, before driving a motor vehicle on road, carefully examine the safety and technical performance of the motor vehicle;
and shall not drive a motor vehicle with hidden safety perils, for example, the safety facilities are incomplete or the components
do not meet the technical standards, and so on.
Article 22
Motor vehicle drivers shall abide by road traffic safety laws and regulations, and drive the vehicle safely and courteously according
to the operation rules.
Whoever has drunk alcohol or taken psychotropic drugs or narcotics controlled by the State, or is suffering from a disease which impedes
him from driving a motor vehicle safely, or is too tired to drive safely, shall not drive a motor vehicle.
No one shall force, instigate or connive at a driver to violate the road traffic safety laws and regulations or the driving requirements
on motor vehicle safety to drive a motor vehicle.
Article 23
The traffic administrative department of the public security organ shall, in accordance with the laws and administrative regulations,
inspect the motor vehicle driving licenses at regular intervals.
Article 24
The traffic administrative department of the public security organ shall apply a system of keeping accumulative scores to the motor
vehicle drivers who violate the road traffic safety laws and regulations in addition to imposing administrative penalties upon them
in accordance with the law. The traffic administrative department of the public security organ shall detain the motor vehicle driving
licenses of those whose accumulative scores have reached the prescribed limit, arrange for the education of road traffic safety laws
and regulations and the corresponding re-examinations for them; the motor vehicle driving licenses shall be returned to those who
are examined to be qualified.
For the motor vehicle drivers who abide by the road traffic safety laws and regulations, and have no accumulative scores within one
year, the period for inspection of their motor vehicle driving licenses may be extended. The specific measures shall be formulated
by the public security institution under the State Council.
Chapter III Conditions for Road Passage
Article 25
The uniform road traffic signals shall be applied throughout the country.
Traffic signals include traffic signal lamps, traffic signs, traffic line markings and the command of traffic policeman.
The traffic signal lamps, traffic signs and traffic line markings shall be set up in conformity with the requirements on safe and
smooth road traffic and the national standards, and be kept clear, eye-catching, accurate and integral.
Road traffic signals shall be added, changed or renewed in time upon the need of passage. The add, change or renewal of restrictive
road traffic signals shall be announced to the public in advance, and propaganda shall be carried out extensively.
Article 26
The traffic signal lamps shall be composed of red light, green light and amber light. The red light means prohibition of passage,
the green light means permission of passage, while the amber light means a warning.
Article 27
Warning lights, warning marks or safety protection facilities shall be set up at a crossing where a railway and a road intersects
on a plane. At a railway crossing not watched by any one, warning marks shall be set up at a certain distance from the crossing.
Article 28
No entity or individual may discretionally set up, remove, occupy or damage any traffic signal lamp, traffic sign or traffic line
marking.
The trees and other plants along both sides of the road or along the median strip, as well as the installed advertisement boards and
pipelines, etc., shall be kept a necessary distance away from the traffic facilities, and shall not shelter road lamps, traffic signal
lamps or traffic signs, or impede the safe range of visibility, or affect the passage.
Article 29
The planning, design and construction of roads, parking lots and auxiliary road facilities shall meet the requirements on safe and
smooth road traffic, and be adjusted in time where the traffic so requires.
Where the traffic administrative department of the public security organ finds that a road which has been put into use contains any
section where traffic accidents often occur, or that any serious hidden trouble of traffic safety exists in a parking lot or the
auxiliary road facilities, it shall report to the local people’s government in time, and render suggestions on preventing the traffic
accidents and eliminating the hidden trouble, while the local people’s government shall make a handling decision in time.
Article 30
Where a road collapses, pits, is damaged by water, protrudes or is damaged otherwise, or any of such traffic facilities as a traffic
signal lamp, a traffic sign or the traffic line markings are damaged or lost, the maintenance department or administrative department
of road or traffic facilities shall set up warning marks and restore the road or repair the facilities in time.
Where the traffic administrative department of the public security organ finds any circumstance in the preceding paragraph, which
endangers the traffic safety, and no warning mark is set up, it shall take safety measures in time, direct the flow of traffic, and
notify the maintenance department or administrative department of road or traffic facilities.
Article 31
No entity or individual may, without permission, occupy the road to engage in non-traffic activities.
Article 32
Where, due to the needs in project construction, a road has to be occupied or dug, or pipeline facilities have to be put up over or
through a road, it shall obtain the consent of the road administrative department in advance; if the traffic safety is affected,
it shall also obtain the consent of the traffic administrative department of the public security organ as well.
A construction entity shall work on the approved road section and within the approved time, and set up an obvious safety warning mark
at a safe distance from the workplace facing the coming vehicles, and take prevention measures, as well; after the work, it shall
promptly clean up the obstacles on the road, and eliminate the hidden trouble of safety, and may not restore the passage until the
road has been inspected by the road administrative department and the traffic administrative department of the public security organ
to be qualified for the passage.
With respect to the road under construction where the traffic is not suspended, the traffic administrative department of the public
security organ shall strengthen the supervision and inspection of the traffic safety, and maintain the road traffic order.
Article 33
The newly-built, rebuilt or extended public buildings, commercial blocks, residential quarters and large (medium) sized buildings,
etc. shall be equipped or added with parking lots; if the parking area is insufficient, it shall be rebuilt or extended in time;
no one shall discretionally suspend the use of a parking lot which has been put into use or use it for any other purpose.
Where the passage of pedestrians and vehicles is not affected, the relevant government department may delimit parking area within
the scope of urban roads.
Article 34
Where a road in front of the gate of a school, kindergarten, hospital or a home for the aged has no pedestrian crossing facilities,
crosswalk lines shall be delimited, and indication marks shall be set up.
On the pavements of the major urban roads, blind tracks shall be set up pursuant to the planning. The setup of the blind tracks shall
meet the national standards.
Chapter IV Provisions on Road Passage
Section 1 General Provisions
Article 35
Both motor vehicles and non-motor vehicles shall pass on the right side.
Article 36
Where, as road conditions and passage so requires, a road is divided into motor vehicle driveways, non-motor vehicle driveways and
pavements, motor vehicles, non-motor vehicles and pedestrians shall pass along the road in their respective lanes. Where the road
is not divided into motor vehicle driveways, non-motor vehicle driveways and pavements, motor vehicles shall pass along the middle
of the road, while non-motor vehicles and pedestrians shall pass along both sides of the road.
Article 37
Where a special driveway is delimited on a road, only prescribed vehicles are allowed to pass within the special driveway, and no
other vehicle may drive into the special driveway.
Article 38
Vehicles and pedestrians shall pass according to the traffic signals; or pass according to on-the-spot command of the traffic policeman,
if any; or shall, if along a road without any traffic signal, pass pursuant to the principle of guaranteeing the safety and smooth
going.
Article 39
The traffic administrative department of the public security organ may, in light of the specific circumstance of the road and the
traffic flow, take such measures against the motor vehicles, non-motor vehicles and pedestrians as directing the flow, restricting
the passage or prohibiting the passage, etc. If, in the event of a large mass activity or large-scope construction, etc., it is necessary
to take measures restricting the traffic, or to make a decision directly relating to the road traffic activities of the public, it
shall be announced to the public in advance.
Article 40
If, in the event of any circumstance which seriously affects the traffic safety such as natural disasters, atrocious weather conditions
or major traffic accidents, etc., it is difficult to guarantee the traffic safety by taking other measures, the traffic administrative
department of the public security organ may practice traffic control.
Article 41
Other specific provisions on the relevant road passage shall be formulated by the State Council.
Section 2 Provisions on Passage of Motor Vehicles
Article 42
A motor vehicle shall not, if driving on the road, exceed the maximum speed per hour as indicated on the speed limitation mark; or
shall, if on a road section without any speed limitation mark, keep a safe speed.
When a vehicle is driving at night or on a road section where dangers are easy to occur, or in case of such weather conditions as
dust, hailstorm, rain, snow, fog, freezing, etc., it shall run at a lower speed.
Article 43
For any two motor vehicles running in a same driveway, the vehicle at the back shall keep a safe distance from the vehicle ahead enough
for taking emergency braking measures. Overtaking is not allowed under any of the following circumstances:
(1)
The vehicle ahead is turning left, turning around or overtaking another vehicle ahead;
(2)
The vehicle concerned is possible to meet another vehicle coming from the opposite direction;
(3)
The vehicle ahead is a police car, fire engine, ambulance or engineering emergency vehicle that is performing an urgent task;
(4)
The vehicle concerned is passing a railway crossing, intersection, narrow bridge, curved road, steep slope, tunnel, crosswalk, or
a downtown road section with large traffic flow, etc., where there is no condition for overtaking.
Article 44
A motor vehicle shall pass an intersection according to the traffic signal lamps, traffic signs, traffic line markings or the command
of the traffic policeman; or shall, when passing an intersection without any traffic signal lamp, traffic sign, traffic line markings
or command of traffic policeman, slow down to run slowly, and let the pedestrians and the vehicles with passage priority to pass
first.
Article 45
When a motor vehicle meets the vehicles ahead which are waiting in a queue or are running slowly, it shall not overtake the vehicle(s)
ahead or occupy the driveway on the other side, nor shall it pass through the waiting vehicles.
The motor vehicles shall, when driving on a road section or at a road junction where the driveways are decreasing, or when parked
for waiting in a queue or running slowly at an intersection without any traffic signal lamp, traffic sign, traffic line markings
or command of traffic policeman, pass alternatively in turn.
Article 46
A motor vehicle shall pass a railway crossing according to the traffic signals or the traffic manager’s command; if there is no traffic
signal or traffic manager, it shall slow down or stop, and may not pass until believing that it is safe to do so.
Article 47
A motor vehicle shall slow down when passing a crosswalk; or shall stop to give way when a pedestrian is passing the crosswalk.
When a motor vehicle is passing a road without traffic signal and a pedestrian is crossing the road, it shall give way.
Article 48
A motor vehicle that carries goods shall conform to the ratified load capacity, and it is strictly prohibited to be overloaded; the
length, width and height of the carried goods shall not violate the loading requirements, and the carried goods shall not be dropped
or scattered.
A motor vehicle carrying overloaded articles which cannot be dismantled, thus affecting the traffic safety shall run according to
the time, route and speed designated by the traffic administrative department of the public security organ, and carry an obvious
mark. If it carries on the highway the overloaded articles which cannot be dismantled, it shall comply with the provisions of the
Highway Law as well.
If a motor vehicle carries explosives, inflammable or explosive chemicals, virulent or radioactive substances or other dangerous substances,
it shall obtain the approval of the public security organ for running according to the designated time, route and speed, carry a
warning mark, and necessary safety measures shall be taken accordingly.
Article 49
A motor vehicle shall not carry persons by exceeding the ratified number, and a passenger transport motor vehicle shall not violate
the provisions regarding the carriage of goods.
Article 50
Freight motor vehicles are prohibited to carry passengers.
If a freight motor vehicle needs to bring workers, safety measures shall be taken to protect the workers.
Article 51
When a motor vehicle is running, the driver and the passengers shall use the safety belts in accordance with the provisions. A motorcycle
driver and the passenger shall wear the safety helmets in accordance with the provisions.
Article 52
When a motor vehicle meets with a breakdown on road, and needs to be parked for elimination of the breakdown, the driver shall immediately
turn on the danger emergency alarm flash light, and move the motor vehicle to be parked at a place where the traffic will not be
impeded; if the motor vehicle is difficult to be moved, the driver shall continuously turn on the danger emergency alarm flash light,
and set up a warning mark towards the direction facing the coming vehicles, or take other measures to enlarge the warning distance,
and shall, when necessary, promptly call the police.
Article 53
When a police car, fire engine, ambulance or engineering emergency vehicle is performing an urgent task, it may use the alarm or the
identification lamps; on the premise of guaranteeing safety, it is not subject to the restriction of driving route, driving direction,
driving speed or signal lamp, and other vehicles and pedestrians shall give way.
When a police car, fire engine, ambulance or engineering emergency vehicle is not performing any urgent task, it may not use the alarm
or the identification lamps, and does not have the priority to pass on road as prescribed in the preceding paragraph.
Article 54
When a road maintenance vehicle or an engineering operation vehicle is working, its driving route and direction shall not be restricted
by traffic signs or line markings it does not affect the passage of the passing vehicles, and the passing vehicles and pedestrians
shall give way.
Such motor vehicles as watering carts, sweeping vehicles, etc. shall work according to the standards for safe operation; under the
circumstance of not affecting the passage of other vehicles, they are not restricted by the rule that vehicles shall run along the
road in their respective lanes, provided that they do not run in an opposite direction.
Article 55
Tractors are prohibited to pass along expressways or roads in central areas of large and medium-sized cities. Other roads where tractors
are prohibited to pass shall be prescribed by the people’s governments of the provinces, autonomous regions, and municipalities directly
under the Central Government in light of their respective local actual situations.
Tractors may be used to engage in freight transportation on the roads where tractors are permitted to pass, but may not be used to
carry persons.
Article 56
Motor vehicles shall be parked at the prescribed places. It is prohibited to park any motor vehicle on the pavement; except for the
parking areas designated in accordance with Article 33 of the present Law.
Whoever temporarily parks a vehicle on road shall not impede the passage of other vehicles or pedestrians.
Section 3 Provisions on Passage of Non-m
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Ministry of Justice
Order of the Ministry of Justice of the People’s Republic of China
No. 81
The Measures for the Management of Residents of Hong Kong and Macao Special Administrative Regions Holding the Legal Profession Qualification
of the Mainland and Engaging in Legal Practice in the Mainland were deliberated and adopted at the ministerial meeting on November
27th, 2003.They are hereby promulgated and shall take effect as of January 1st, 2004.
Zhang Fusen, Minister of the Ministry of Justice
November 30th, 2003
Measures for the Management of Residents of Hong Kong and Macao Special Administrative Regions Holding the Legal Profession Qualification
of the Mainland and Engaging in Legal Practice in the Mainland
Chapter I. General Provisions
Article 1
With a view to carrying out the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and Macao Closer Economic
Partnership Arrangement approved by the State Council, and to regulating and administering the activities of Hong Kong residents
holding the legal profession qualification of the Mainland and engaging in legal practice in the Mainland, the present Measures are
formulated in accordance with the Lawyers Law of the People’s Republic of China (hereinafter referred to as Lawyers Law) and other
relevant regulations.
Article 2
The residents of Hong Kong and Macao who have taken the National Uniform Judicial Examination held in the Mainland and have acquired
the Legal Profession Qualification Certificate of the People’s Republic of China may apply for practicing law in the Mainland.
Article 3
A resident of Hong Kong or Macao who applies for practicing law in a Mainland law firm shall complete an internship according to relevant
regulations of the Ministry of Justice, and shall apply for the legal profession qualification certificate.
Article 4
A resident of Hong Kong or Macao who practices law in a Mainland law firm shall only engage in non-litigation matters.
Article 5
A resident of Hong Kong or Macao who practices law in a Mainland law firm shall comply to the laws, regulations and rules of the state,
shall strictly abide by the lawyers’ professional moral and disciplinary code, shall be subject to the supervision and administration
of the judicial administrative organs in the Mainland and the management of Mainland law society.
Chapter II. Internship Management
Article 6
A resident of Hong Kong or Macao who applies for practicing law in a Mainland law firm shall, according to the relevant regulations
of the Ministry of Justice, have completed internship of one year in a Mainland law firm in advance.
Article 7
A resident of Hong Kong or Macao holding the legal profession qualification who serves as an intern, shall file an application to
the judicial administrative organ of the prefecture level where the future firm of internship is located. The judicial administrative
organ shall arrange for or recommend a Mainland law firm to accept him as a legal intern.
Article 8
A resident of Hong Kong or Macao who serves as a legal intern, shall undergo the internship according to the general outline of the
practical training and the guidebook of practical drillings. He shall lay emphasis on the handling of non-litigation matters in practical
drillings, and shall abide by the provisions and disciplines on internship.
The Mainland law firms that accept Hong Kong or Macao residents as interns shall assign lawyers who are good at handling non-litigation
matters to instruct the interns in the practical drillings. Each instructing lawyer may only instruct one Hong Kong or Macao intern.
Article 9
A Hong Kong or Macao resident who serves as a legal intern in the Mainland shall ensure adequate time to complete the internship.
No one may suspend the internship for more than 3 months for any reasons. The Mainland law firm that accepts a legal intern shall
report the reason and time of the suspension of internship to the local judicial administrative organ at the place where it is located.
Article 10
A Hong Kong and Macao resident who serves as legal interns in a Mainland law firm shall be subject to the supervision and management
of the local judicial administrative organ at the place where it is located. The name list of the interns, relevant materials and
the internship evaluations shall be reported to the provincial judicial administrative organs for archival purposes.
Chapter III. Legal Profession Management
Article 11
A Hong Kong or Macao resident qualified to engage in legal practice in the Mainland may, after having completed internship in a law
firm and having been determined as qualified upon evaluation, apply for practicing law in the Mainland.
Article 12
A Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland may practice in only one Mainland law firm.
A Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland may not be employed in Hong Kong, Macao,
Taiwan or foreign law firms at the same time.
Article 13
A Hong Kong or Macao resident who applies for practicing law in the Mainland shall, in accordance with Lawyers Law and the Measures
for the Administration of Legal Professional Qualification Certificates issued by the Ministry of Justice, file an application for
a Legal Professional Qualification Certificate to the provincial judicial administrative organ where the Mainland law firm that intends
to employ him is located.
Among the documents submitted by an applicant, the copies of his identity certification and the evidential materials that demonstrate
that he has never been punished for criminal offences shall be subject to the notarization of a notary acknowledged by the Mainland,
and shall, at the same time, state the information about whether he has obtained Hong Kong, Macao, Taiwan or foreign legal professional
qualification and whether he is employed by a Hong Kong, Macao, Taiwan or Foreign law firm.
Where the provincial judicial administrative organs issue legal profession certificates upon examination, they shall, within 30 days
from the issuance of the certificates, submit to the Ministry of Justice the name list of Hong Kong and Macao residents who are admitted
to practice law in the Mainland and the legal profession registration materials for archival purposes.
Article 14
A Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland may engage in Mainland non-litigation matters
by taking the position of a legal advisor, agent, consultant or scrivener and shall enjoy the rights of a Mainland lawyer, and perform
the statutory obligations of a lawyer.
Article 15
Where a Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland satisfies the specific conditions,
he may act as a partner of a Mainland law firm.
Article 16
A Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland shall be a member of the law society of
the Mainland, shall be enpost_titled to enjoy the rights of a member, shall perform the obligations of a member, and shall take part in
the professional trainings and exchanges organized by the Mainland law society.
Article 17
Where a Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland violates the Lawyers Law or the administrative
regulations or rules governing the legal profession or any of the provisions of the present Measures shall be given a corresponding
administrative punishment. Where he violates the lawyers’ professional moral and disciplinary code, he shall be given a corresponding
sanction of the guild.
Article 18
Any functionary of the judicial administrative organs who commits any act in violation of the laws, regulations and rules shall be
given an administrative sanction. Where he constitutes a crime, the criminal liabilities shall be prosecuted for.
Chapter IV. Supplementary Provisions
Article 19
The present Measures shall be applicable to Hong Kong and Macao residents who have acquired Mainland legal professional qualification
before the implementation of the National Uniform Judicial Examination of the Mainland when they apply for completing the internship
or practicing law in Mainland law firms.
Article 20
The responsibility to interpret the present Measures shall remain with the Ministry of Justice.
Article 21
The present Measures shall take effect as of January 1st, 2004.
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Ministry of Justice
2003-11-30
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e02885
Ministry of Construction, Ministry of Commerce
Decree of the Ministry of Construction and the Ministry of Commerce
No. 121
The Supplementary Provisions of the Provisions on the Administration of Foreign-funded Construction Enterprises were deliberated and
adopted on December 9th, 2003 at the 24th executive meeting of the Ministry of Construction and the Ministry of Commerce, which are
hereby promulgated and shall come into force as of January 1st, 2004.
Wang Guangtao, Minister of the Ministry of Construction
Lv Fuyuan, Minister of the Ministry of Commerce
December 19, 2003
Supplementary Provisions of the Provisions on the Administration of Foreign-funded Construction Enterprises
With a view to promoting the development of the economic & trade relations between the Mainland and Hong Kong/Macao and to encouraging
service providers from Hong Kong and Macao to establish construction enterprises in the Mainland, the following supplementary provisions
are formulated in accordance with the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and Macao Closer
Economic Partnership Arrangement approved by the State Council, and the Provisions on the Administration of the Foreign-funded Construction
Enterprises (Decree No. 113 of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation):
1.
When a service provider from Hong Kong or Macao files an application for establishing a construction enterprise, its performance records
in Hong Kong, Macao and the Mainland shall all be taken into consideration for the purpose of assessing its qualifications for establishing
such an enterprise in the Mainland. The number of its managerial and technical personnel shall be based on the actual number of personnel
in the construction enterprise established in the Mainland for its qualifications assessment.
2.
A service provider from Hong Kong or Macao is permitted to wholly purchase a Mainland construction enterprise.
3.
Where a construction enterprise established by a service provider from Hong Kong or Macao in the Mainland undertakes Sino-foreign
construction projects, it shall not be subject to the restrictions on Chinese and foreign investment percentages.
4.
Where a construction enterprise invested in the Mainland by a Hong Kong provider or Macao service provider applies for a qualification
certificate, the relevant regulations of the Mainland shall be followed. If it has acquired the qualifications of a construction
enterprise, it may participate in the nationwide project tenders in pursuance of law.
5.
Where a service provider from Hong Kong or Macao invests in establishing a construction enterprise in the Mainland and applies for
the corresponding qualifications, the Provisions on the Administration of Foreign-funded Enterprises and the relevant provisions
on the administration of the qualifications of construction enterprises shall be followed.
6.
The terms of “Hong Kong service providers” and “Macao service providers” as mentioned in the present Supplementary Provisions shall
be in conformity with the definitions and meet the relevant requirements as respectively provided in the Mainland and Hong Kong Closer
Economic and Trade Partnership Arrangement and the Mainland-Macao Closer Economic and Trade Partnership Arrangement.
7.
The responsibility to interpret the present Supplementary Provisions shall remain with the Ministry of Construction and the Ministry
of Commerce according to their respective functions.
8.
The present Supplementary Provisions shall come into force as of January 1st, 2004.
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