PRC Legal Provisions

Chinese Communist Party Central Committee Decision on Strengthening the Party's Ability To Govern

Anhui Province Regulation on Religious Affairs (Chinese Text)

The following text was retrieved from the law-lib.com <a href="https://www.law-lib.com/law/law_view.asp?id=34861">Web site</a> on August 24, 2006. Click <a href="https://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=67952">here</a> to access 2006 amendments to this regulation; <a href="https://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=93765">here</a> to access 2007 amendments; and <a href="https://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=93766">here</a> to access the full text of the regulation as amended in 2007.

Anhui Province Regulation on Religious Affairs (as Amended February 28, 2007) (Chinese Text)

The following text was retrieved from the Wuhu City Ethnic Affairs Commission and Religious Affairs Bureau <a href="https://www.wuhu.gov.cn:8080/smw/showart.asp?art_id=50&cat_id=9">Web site</a> on May 2, 2007.

Anhui Province People's Congress Standing Committee Decision on Amending the "Anhui Province Regulation on Religious Affairs" (2007 Amendments) (Chinese Text)

The following text was retrieved from the Anhui Province People's Government <a href="https://www.ah.gov.cn/showcontent.asp?newsid=%7B3E50E149-3573-4520-98BF-F9F9F26FDF76%7D">Web site</a> on May 2, 2007.

Anhui Province People's Congress Standing Committee Decision on Amending the "Anhui Province Regulation on Religious Affairs" (2006 Amendments) (Chinese Text)

The following text was retrieved from the law-lib.com <a href="https://www.law-lib.com/law/law_view.asp?id=166266">Web site</a> on August 24, 2006.

Circular on Launching Experimental Work on Community Corrections (Chinese Text)

The following <a href="https://www.legalinfo.gov.cn/moj/jcgzzds/2004-07/06/content_75571.htm">text</a> was retrieved on April 16, 2007, from the Web site of the Department Guiding Grassroots Work, Ministry of Justice.

General Principles of the Civil Law of the People's Republic of China (English Text)

The following text was retrieved from the Anhui provincial government <a href="https://www.ahga.gov.cn/government/fagui/mf1/low_view1.htm">Web site</a> on April 10, 2007. The following translation was retrieved from the PRC Supreme People's Court <a href="https://en.chinacourt.org/public/detail.php?id=2696">Web site</a> on October 21, 2004.<HR> General Principles of the Civil Law of the People's Republic of China (Adopted at the Fourth Session of the Sixth National People's Congress, promulgated by Order No. 37 of the President of the People's Republic of China on April 12, 1986, and effective as of January 1, 1987) CONTENTS: CHAPTER I Basic Principles CHAPTER II Citizen (Natural Person) Section 1 Capacity for Civil Rights and Capacity for Civil Conduct Section 2 Guardianship Section 3 Declarations of Missing Persons and Death Section 4 Individual Businesses and Lease-holding Farm Households Section 5 Individual Partnership CHAPTER III Legal Persons Section 1 General Stipulations Section 2 Enterprise as Legal Person Section 3 Official Organ, Institution and Social Organization as Legal Persons Section 4 Economic Association CHAPTER IV Civil Juristic Acts and Agency Section 1 Civil Juristic Acts Section 2 Agency CHAPTER V Civil Rights Section 1 Property Ownership and Related Property Rights Section 2 Creditors' Rights Section 3 Intellectual Property Rights Section 4 Personal Rights CHAPTER VI Civil Liability Section 1 General Stipulations Section 2 Civil Liability For Breach of Contract Section 3 Civil Liability For Infringement of Rights Section 4 Methods of Bearing Civil Liability CHAPTER VII Limitation of Action CHAPTER VIII Application of Law in Civil Relations with Foreigners CHAPTER IX Supplementary Provisions CHAPTER I Basic Principles Article 1. This Law is formulated in accordance with the Constitution and the actual situation in our country, drawing upon our practical experience in civil activities, for the purpose of protecting the lawful civil rights and interests of citizens and legal persons and correctly adjusting civil relations, so as to meet the needs of the developing socialist modernization. Article 2. The Civil Law of the People's Republic of China shall adjust property relationships and personal relationships between civil subjects with equal status, that is, between citizens, between legal persons and between citizens and legal persons. Article 3. Parties to a civil activity shall have equal status. Article 4. In civil activities, the principles of voluntariness, fairness, making compensation for equal value, honesty and credibility shall be observed. Article 5. The lawful civil rights and interests of citizens and legal persons shall be protected by law; no organization or individual may infringe upon them. Article 6. Civil activities must be in compliance with the law; where there are no relevant provisions in the law, they shall be in compliance with state policies. Article 7. civil activities shall have respect for social ethics and shall not harm the public interest, undermine state economic plans or disrupt social economic order. Article 8. The law of the People's Republic of China shall apply to civil activities within the People's Republic of China, except as otherwise stipulated by law. The stipulations of this Law as regards citizens shall apply to foreigners and stateless persons within the People's Republic of China, except as otherwise stipulated by law. CHAPTER II Citizen (Natural Person) Section I Capacity for Civil Rights and Capacity for Civil Conduct Article 9. A citizen shall have the capacity for civil rights from birth to death and shall enjoy civil rights and assume civil obligations in accordance with the law. Article 10. All citizens are equal as regards their capacity for civil rights. Article 11. A citizen aged 18 or over shall be an adult. He shall have full capacity for civil conduct, may independently engage in civil activities and shall be called a person with full capacity for civil conduct. A citizen who has reached the age of 16 but not the age of 18 and whose main source of income is his own labor shall be regarded as a person with full capacity for civil conduct. Article 12. A minor aged 10 or over shall be a person with limited capacity for civil conduct and may engage in civil activities appropriate to his age and intellect; in other civil activities, he shall be represented by his agent ad litem or participate with the consent of his agent ad litem. A minor under the age of 10 shall be a person having no capacity for civil conduct and shall be represented in civil activities by his agent ad litem. Article 13. A mentally ill person who is unable to account for his own conduct shall be a person having no capacity for civil conduct and shall be represented in civil activities by his agent ad litem. A mentally ill person who is unable to fully account for his own conduct shall be a person with limited capacity for civil conduct and may engage in civil activities appropriate to his mental health; in other civil activities, he shall be represented by his agent ad litem or participate with the consent of his agent ad litem. Article 14. The guardian of a person without or with limited capacity for civil conduct shall be his agent ad litem. Article 15. The domicile of a citizen shall be the place where his residence is registered; if his habitual residence is not the same as his domicile, his habitual residence shall be regarded as his domicile. Section II Guardianship Article 16. The parents of a minor shall be his guardians. If the parents of a minor are dead or lack the competence to be his guardian, a person from the following categories who has the competence to be a guardian shall act as his guardian: (1) paternal or maternal grandparent; (2) elder brother or sister; or (3) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval from the units of the minor's parents or from the neighborhood or village committee in the place of the minor's residence. In case of a dispute over guardianship, the units of the minor's parents or the neighborhood or village committee in the place of his residence shall appoint a guardian from among the minor's near relatives. If disagreement over the appointment leads to a lawsuit, the people's court shall make a ruling. If none of the persons listed in the first two paragraphs of this article is available to be the guardian, the units of the minor's parents, the neighborhood or village committee in the place of the minor's residence or the civil affairs department shall act as his guardian. Article 17. A person from the following categories shall act as guardian for a mentally ill person without or with limited capacity for civil conduct: (1) spouse; (2) parent; (3) adult child; (4) any other near relative; (5) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval from the unit to which the mentally ill person belongs or from the neighborhood or village committee in the place of his residence. In case of a dispute over guardianship, the unit to which the mentally ill person belongs or the neighborhood or village committee in the place of his residence shall appoint a guardian from among his near relatives. If disagreement over the appointment leads to a lawsuit, the people's court shall make a ruling. If none of the persons listed in the first paragraph of this article is available to be the guardian, the unit to which the mentally ill person belongs, the neighborhood or village committee in the place of his residence or the civil affairs department shall act as his guardian. Article 18. A guardian shall fulfil his duty of guardianship and protect the person, property and other lawful rights and interests of his ward. A guardian shall not handle the property of his ward unless it is in the ward's interests. A guardians's rights to fulfil his guardianship in accordance with the law shall be protected by law. If a guardian does not fulfil his duties as guardian or infringes upon the lawful rights and interests of his ward, he shall be held responsible; if a guardian causes any property loss for his ward, he shall compensate for such loss. The people's court may disqualify a guardian based on the application of a concerned party or unit. Article 19. A person who shares interests with a mental patient may apply to a people's court for a declaration that the mental patient is a person without or with limited capacity for civil conduct. With the recovery of the health of a person who has been declared by a people's court to be without or with limited capacity for civil conduct, and upon his own application or that of an interested person, the people's court may declare him to be a person with limited or full capacity for civil conduct. Section III Declarations of Missing Persons and Death Article 20. If a citizen's whereabouts have been unknown for two years, an interested person may apply to a people's court for a declaration of the citizen as missing. If a person's whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall begin on the final day of the war. Article 21. A missing person's property shall be placed in the custody of his spouse, parents, adult children or other closely connected relatives or friends. In case of a dispute over custody, if the persons stipulated above are unavailable or are incapable of taking such custody, the property shall be placed in the custody of a person appointed by the people's court. Any taxes, debts and other unpaid expenses owed by a missing person shall defrayed by the custodian out of the missing person's property. Article 22. In the event that a person who has been declared missing reappears or his whereabouts are ascertained, the people's court shall, upon his own application or that of an interested person, revoke the declaration of his missing-person status. Article 23. Under either of the following circumstances, an interested person may apply to the people's court for a declaration of a citizen's death: (1) if the citizen's whereabouts have been unknown for four years or (2) if the citizen's whereabouts have been unknown for two years after the date of an accident in which he was involved. If a person's whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall begin on the final day of the war. Article 24. In the event that a person who has been declared dead reappears or it is ascertained that he is alive, the people's court shall, upon his own application or that of an interested person, revoke the declaration of his death. Any civil juristic acts performed by a person with capacity for civil conduct during the period in which he has been declared dead shall be valid. Article 25. A person shall have the right to request the return of his property, if the declaration of his death has been revoked. Any citizen or organization that has obtained such property in accordance with the Inheritance Law shall return the original items or make appropriate compensation if the original items no longer exist. Section IV Individual Businesses and Lease-holding Farm Households Article 26. "Individual businesses" refers to businesses run by individual citizens who have been lawfully registered and approved to engage in industrial or commercial operation within the sphere permitted by law. An individual business may adopt a shop name. Article 27. "Lease-holding farm households" refers to members of a rural collective economic organization who engage in commodity production under a contract and within the spheres permitted by law. Article 28. The legitimate rights and interests of individual businesses and lease-holding farm households shall be protected by law. Article 29. The debts of an individual business or a lease-holding farm household shall be secured with the individual's property if the business is operated by an individual and with the family's property if the business is operated by a family. Section V Individual Partnership Article 30. "Individual partnership" refers to two or more citizens associated in a business and working together, with each providing funds, material objects, techniques and so on according to an agreement. Article 31. Partners shall make a written agreement covering the funds each is to provide, the distribution of profits, the responsibility for debts, the entering into and withdrawal from partnership, the ending of partnership and other such matters. Article 32. The property provided by the partners shall be under their unified management and use. The property accumulated in a partnership operation shall belong to all the partners. Article 33. An individual partnership may adopt a shop name; it shall be approved and registered in accordance with the law and conduct business operations within the range as approved and registered. Article 34. The operational activities of an individual partnership shall be decided jointly by the partners, who each shall have the right to carry out and supervise those activities. The partners may elect a responsible person. All partners shall bear civil liability for the operational activities of the responsible person and other personnel. Article 35. A partnership's debts shall be secured with the partners' property in proportion to their respective contributions to the investment or according to the agreement made. Partners shall undertake joint liability for their partnership's debts, except as otherwise stipulated by law. Any partner who overpays his share of the partnership's debts shall have the right to claim compensation from the other partners. CHAPTER III Legal Persons Section I General Stipulations Article 36. A legal person shall be an organization that has capacity for civil rights and capacity for civil conduct and independently enjoys civil rights and assumes civil obligations in accordance with the law. A legal person's capacity for civil rights and capacity for civil conduct shall begin when the legal person is established and shall end when the legal person terminates. Article 37. A legal person shall have the following qualifications: (1) establishment in accordance with the law; (2) possession of the necessary property or funds; (3) possession of its own name, organization and premises; and (4) ability to independently bear civil liability. Article 38. In accordance with the law or the articles of association of the legal person, the responsible person who acts on behalf of the legal person in exercising its functions and powers shall be its legal representative. Article 39. A legal person's domicile shall be the place where its main administrative office is located. Article 40. When a legal person terminates, it shall go into liquidation in accordance with the law and discontinue all other activities. Section II Enterprise as Legal Person Article 41. An enterprise owned by the whole people or under collective ownership shall be qualified as a legal person when it has sufficient funds as stipulated by the state; has articles of association, an organization and premises; has the ability to independently bear civil liability; and has been approved and registered by the competent authority. A Chinese-foreign equity joint venture, Chinese-foreign contractual joint venture or foreign-capital enterprise established within the People's Republic of China shall be qualified as a legal person in China if it has the qualifications of a legal person and has been approved and registered by the administrative agency for industry and commerce in accordance with the law. Article 42. An enterprise as legal person shall conduct operations within the range approved and registered. Article 43. An enterprise as legal person shall bear civil liability for the operational activities of its legal representatives and other personnel. Article 44. If an enterprise as legal person is divided or merged or undergoes any other important change, it shall register the change with the registration authority and publicly announce it. When an enterprise as legal person is divided or merged, its rights and obligations shall be enjoyed and assumed by the new legal person that results from the change. Article 45. An enterprise as legal person shall terminate for any of the following reasons: (1) if it is dissolved by law; (2) if it is disbanded; (3) if it is declared bankrupt in accordance with the law; or (4) for other reasons. Article 46. When an enterprise as legal person terminates, it shall cancel its registration with the registration authority and publicly announce the termination. Article 47. When an enterprise as legal person is disbanded, it shall establish a liquidation organization and go into liquidation. When an enterprise as legal person is dissolved or is declared bankrupt, the competent authority or a people's court shall organize the organs and personnel concerned to establish a liquidation organization to liquidate the enterprise. Article 48. An enterprise owned by the whole people, as legal person, shall bear civil liability with the property that the state authorizes it to manage. An enterprise under collective ownership, as legal person, shall bear civil liability with the property it owns. A Chinese-foreign equity joint venture, Chinese-foreign contractual joint venture or foreign-capital enterprise as legal person shall bear civil liability with the property it owns, except as stipulated otherwise by law. Article 49. Under any of the following circumstances, an enterprise as legal person shall bear liability, its legal representative may additionally be given administrative sanctions and fined and, if the offence constitutes a crime, criminal responsibility shall be investigated in accordance with the law: (1) conducting illegal operations beyond the range approved and registered by the registration authority; (2) concealing facts from the registration and tax authorities and practicing fraud; (3) secretly withdrawing funds or hiding property to evade repayment of debts; (4) disposing of property without authorization after the enterprise is dissolved, disbanded or declared bankrupt; (5) failing to apply for registration and make a public announcement promptly when the enterprise undergoes a change or terminates, thus causing interested persons to suffer heavy losses; (6) Engaging in other activities prohibited by law, damaging the interests of the state or the public interest. Section III Official Organ, Institution and Social Organization as Legal Person Article 50. An independently funded official organ shall be qualified as a legal person on the day it is established. If according to law an institution or social organization having the qualifications of a legal person needs not go through the procedures for registering as a legal person, it shall be qualified as a legal person on the day it is established; if according to law it does need to go through the registration procedures, it shall be qualified as a legal person after being approved and registered. Section IV Economic Association Article 51. If a new economic entity is formed by enterprises or an enterprise and an institution that engage in economic association and it independently bears civil liability and has the qualifications of a legal person, the new entity shall be qualified as a legal person after being approved and registered by the competent authority. Article 52. If the enterprises or an enterprise and an institution that engage in economic association conduct joint operation but do not have the qualifications of a legal person, each party to the association shall, in proportion to its respective contribution to the investment or according to the agreement made, bear civil liability with the property each party owns or manages. If joint liability is specified by law or by agreement, the parties shall assume joint liability. Article 53. If the contract for economic association of enterprises of an enterprise and an institution specifies that each party shall conduct operations independently, it shall stipulate the rights and obligations of each party, and each party shall bear civil liability separately. CHAPTER IV Civil Juristic Acts and Agency Section I Civil Juristic Acts Article 54. A civil juristic act shall be the lawful act of a citizen or legal person to establish, change or terminate civil rights and obligations. Article 55. A civil juristic act shall meet the following requirements: (1) the actor has relevant capacity for civil conduct; (2) the intention expressed is genuine; and (3) the act does not violate the law or the public interest. Article 56. A civil juristic act may be in written, oral or other form. If the law stipulates that a particular form be adopted, such stipulation shall be observed. Article 57. A civil juristic act shall be legally binding once it is instituted. The actor shall not alter or rescind his act except in accordance with the law or with the other party's consent. Article 58. Civil acts in the following categories shall be null and void: (1) those performed by a person without capacity for civil conduct; (2) those that according to law may not be independently performed by a person with limited capacity for civil conduct; (3) those performed by a person against his true intentions as a result of cheating, coercion or exploitation of his unfavorable position by the other party; (4) those that performed through malicious collusion are detrimental to the interest of the state, a collective or a third party; (5) those that violate the law or the public interest; (6) economic contracts that violate the state's mandatory plans; and (7) those that performed under the guise of legitimate acts conceal illegitimate purposes. Civil acts that are null and void shall not be legally binding from the very beginning. Article 59. A party shall have the right to request a people's court or an arbitration agency to alter or rescind the following civil acts: (1) those performed by an actor who seriously misunderstood the contents of the acts; (2) those that are obviously unfair. Rescinded civil acts shall be null and void from the very beginning. Article 60. If part of a civil act is null and void, it shall not affect the validity of other parts. Article 61. After a civil act has been determined to be null and void or has been rescinded, the party who acquired property as a result of the act shall return it to the party who suffered a loss. The erring party shall compensate the other party for the losses it suffered as a result of the act; if both sides are in error, they shall each bear their proper share of the responsibility. If the two sides have conspired maliciously and performed a civil act that is detrimental to the interests of the state, a collective or a third party, the property that they thus obtained shall be recovered and turned over to the state or the collective, or returned to the third party. Article 62. A civil juristic act may have conditions attached to it. Conditional civil juristic acts shall take effect when the relevant conditions are met. Section II Agency Article 63. Citizens and legal persons may perform civil juristic acts through agents. An agent shall perform civil juristic acts in the principal's name within the scope of the power of agency. The principal shall bear civil liability for the agent's acts of agency. Civil juristic acts that should be performed by the principal himself, pursuant to legal provisions or the agreement between the two parties, shall not be entrusted to an agent. Article 64. Agency shall include entrusted agency, statutory agency and appointed agency. An entrusted agent shall exercise the power of agency as entrusted by the principal; a statutory agent shall exercise the power of agency as prescribed by law; and an appointed agent shall exercise the power of agency as designated by a people's court or the appointing unit. Article 65. A civil juristic act may be entrusted to an agent in writing or orally. If legal provisions require the entrustment to be written, it shall be effected in writing. Where the entrustment of agency is in writing, the power of attorney shall clearly state the agent's name, the entrusted tasks and the scope and duration of the power of agency, and it shall be signed or sealed by the principal. If the power of attorney is not clear as to the authority conferred, the principal shall bear civil liability towards the third party, and the agent shall be held jointly liable. Article 66. The principal shall bear civil liability for an act performed by an actor with no power of agency, beyond the scope of his power of agency or after his power of agency has expired, only if he recognizes the act retroactively. If the act is not so recognized, the performer shall bear civil liability for it. if a principal is aware that a civil act is being executed in his name but fails to repudiate it, his consent shall be deemed to have been given. An agent shall bear civil liability if he fails to perform his duties and thus causes damage to the principal. If an agent and a third party in collusion harm the principal's interests, the agent and the third party shall be held jointly liable. If a third party is aware that an actor has no power of agency, is overstepping his power of agency, or his power of agency has expired and yet joins him in a civil act and thus brings damage to other people, the third party and the actor shall be held jointly liable. Article 67. If an agent is aware that the matters entrusted are illegal but still carries them out, or if a principal is aware that his agent's acts are illegal but fails to object to them, the principal and the agent shall be held jointly liable. Article 68. If in the principal's interests an entrusted agent needs to transfer the agency to another person, he shall first obtain the principal's consent. If the principal's consent is not obtained in advance, the matter shall be reported to him promptly after the transfer, and if the principal objects, the agent shall bear civil liability for the acts of the transferee; however, an entrusted agency transferred in emergency circumstances in order to safeguard the principal's interests shall be excepted. Article 69. An entrusted agency shall end under any of the following circumstances: (1) when the period of agency expires or when the tasks entrusted are completed; (2) when the principal rescinds the entrustment or the agent declines the entrustment; (3) when the agent dies; (4) when the principal loses his capacity for civil conduct; or (5) when the principal or the agent ceases to be a legal person. Article 70. A statutory or appointed agency shall end under any of the following circumstances: (1) When the principal gains or recovers capacity for civil conduct; (2) When the principal or the agent dies; (3) When the agent loses capacity for civil conduct; (4) When the people's court or the unit that appointed the agent rescinds the appointment; or (5) When the guardian relationship between the principal and the agent ends for other reasons. CHAPTER V Civil Rights Section I Property Ownership and Related Property Rights Article 71. "Property ownership" means the owner's rights to lawfully possess, utilize, profit from and dispose of his property. Article 72. Property ownership shall not be obtained in violation of the law. Unless the law stipulates otherwise or the parties concerned have agreed on other arrangements, the ownership of property obtained by contract or by other lawful means shall be transferred simultaneously with the property itself. Article 73. State property shall be owned by the whole people. State property is sacred and inviolable, and no organization or individual shall be allowed to seize, encroach upon, privately divide, retain or destroy it. Article 74. Property of collective organizations of the working masses shall be owned collectively by the working masses. This shall include: (1) Land, forests, mountains, grasslands, unreclaimed land, beaches and other areas that are stipulated by law to be under collective ownership; (2) Property of collective economic organizations; (3) Collectively owned buildings, reservoirs, farm irrigation facilities and educational, scientific, cultural, health, sports and other facilities; and (4) Other property that is collectively owned. Collectively owned land shall be owned collectively by the village peasants in accordance with the law and shall be worked and managed by village agricultural production cooperatives, other collective agricultural economic organizations or villager' committees. Land already under the ownership of the township (town) peasants' collective economic organizations may be collectively owned by the peasants of the township (town). Collectively owned property shall be protected by law, and no organization or individual may seize, encroach upon, privately divide, destroy or illegally seal up, distrain, freeze or confiscate it. Article 75. A citizen's personal property shall include his lawfully earned income, housing, savings, articles for daily use, objects d'art, books, reference materials, trees, livestock, as well as means of production the law permits a citizen to possess and other lawful property. A citizen's lawful property shall be protected by law, and no organization or individual may appropriate, encroach upon, destroy or illegally seal up, distrain, freeze or confiscate it. Article 76. Citizens shall have the right of inheritance under the law. Article 77. The lawful property of social organziations, including religious organizations, shall be protected by law. Article 78. Property may be owned jointly by two or more citizens or legal persons. There shall be two kinds of joint ownership, namely co-ownership by shares and common ownership. Each of the co-owners by shares shall enjoy the rights and assume the obligations respecting the joint property in proportion to his share. Each of the common owners shall enjoy the rights and assume the obligations respecting the joint property. Each co-owner by shares shall have the right to withdraw his own share of the joint property or transfer its ownership. However, when he offers to sell his share, the other co-owners shall have a right of pre-emption if all other conditions are equal. Article 79. If the owner of a buried or concealed object is unknown, the object shall belong to the state. The unit that receives the object shall commend or give a material reward to the unit or individual that turns in the object. Lost-and-found objects, flotsam and stray animals shall be returned to their rightful owners, and any costs thus incurred shall be reimbursed by the owners. Article 80. State-owned land may be used according to law by units under ownership by the whole people; it may also be lawfully assigned for use by units under collective ownership. The state shall protect the usufruct of the land, and the usufructuary shall be obligated to manage, protect and properly use the land. The right of citizens and collectives to contract for management of land under collective ownership or of state-owned land under collective use shall be protected by law. The rights and obligations of the two contracting parties shall be stipulated in the contract signed in accordance with the law. Land may not be sold, leased, mortgaged or illegally transferred by any other means. Article 81. State-owned forests, mountains, grasslands, unreclaimed land, beaches, water surfaces and other natural resources may be used according to law by units under ownership by the whole people; or they may also be lawfully assigned for use by unit under collective ownership. The state shall protect the usufruct of those resources, and the usufructuary shall be obliged to manage, protect and properly use them. State-owned mineral resources may be mined according to law by units under ownership by the whole people and units under collective ownership; citizens may also lawfully mine such resources. The state shall protect lawful mining rights. The right of citizens and collectives to lawfully contract for the management of forests, mountains, grasslands, unreclaimed land, beaches and water surfaces that are owned by collectives or owned by the state but used by collectives shall be protected by law. The rights and obligations of the two contracting parties shall be stipulated in the contract in accordance with the law. State-owned mineral resources and waters as well as forest land, mountains, grasslands, unreclaimed land and beaches owned by the state and those that are lawfully owned by collective may not be sold, leased, mortgaged or illegally transferred by any other means. Article 82. Enterprises under ownership by the whole people shall lawfully enjoy the rights of management over property that the state has authorized them to manage and operate, and the rights shall be protected by law. Article 83. In the spirit of helping production, making things convenient for people's lives, enhancing unity and mutual assistance, and being fair and reasonable, neighboring users of real estate shall maintain proper neighborly relations over such matters as water supply, drainage, passageway, ventilation and lighting. Anyone who causes obstruction or damage to his neighbor, shall stop the infringement, eliminate the obstruction and compensate for the damage. Section II Creditors' Rights Article 84. A debt represents a special relationship of rights and obligations established between the parties concerned, either according to the agreed terms of a contract or legal provisions. The party entitled to the rights shall be the creditor, and the party assuming the obligations shall be the debtor. The creditor shall have the right to demand that the debtor fulfil his obligations as specified by the contract or according to legal provisions. Article 85. A contract shall be an agreement whereby the parties establish, change or terminate their civil relationship. Lawfully established contracts shall be protected by law. Article 86. When there are two or more creditors to a deal, each creditor shall be entitled to rights in proportion to his proper share of the credit. When there are two or more debtors to a deal, each debtor shall assume obligations in proportion to his proper share of the debt. Article 87. When there are two or more creditors or debtors to a deal, each of the joint creditors shall be entitled to demand that the debtor fulfil his obligations, in accordance with legal provisions or the agreement between the parties; each of the joint debtors shall be obliged to perform the entire debt, and the debtor who performs the entire debt shall be entitled to ask the other joint debtors to reimburse him for their shares of the debt. Article 88. The parties to a contract shall fully fulfil their obligations pursuant to the terms of the contract. If a contract contains ambiguous terms regarding quality, time limit for performance, place of performance, or price, and the intended meaning cannot be determined from the context of relevant terms in the contract, and if the parties cannot reach an agreement through consultation, the provisions below shall apply: (1) if quality requirements are unclear, state quality standards shall apply; if there are no state quality standards, generally held standards shall apply. (2) if the time limit for performance is unclear, the debtor may at his convenience fulfil his obligations towards the creditor; the creditor may also demand at any time that the debtor perform his obligations, but sufficient notice shall be given to the debtor. (3) if the place of performance is unclear, and the payment is money, the performance shall be effected at the seat or place of residence of the party receiving the payment; if the payment is other than money, the performance shall be effected at the seat or place of residence of the party fulfilling the obligations. (4) if the price agreed by the parties is unclear, the state-fixed price shall apply. If there is no state-fixed price, the price shall be based on market price or the price of a similar article or remuneration for a similar service. If the contract does not contain an agreed term regarding rights to patent application, any party who has completed an invention-creation shall have the right to apply for a patent. If the contract does not contain an agreed term regarding rights to the use of scientific and technological research achievements, the parties shall all have the right to use such achievements. Article 89. In accordance with legal provisions the agreement between the parties on the performance of a debt may be guaranteed using the methods below: (1) A guarantor may guarantee to the creditor that the debtor shall perform his debt. If the debtor defaults, the guarantor shall perform the debt or bear joint liability according to agreement. After performing the debt, the guarantor shall have the right to claim repayment from the debtor. (2) The debtor or a third party may offer a specific property as a pledge. If the debtor defaults, the creditor shall be entitled to keep the pledge to offset the debt or have priority in satisfying his claim out of the proceeds from the sale of the pledge pursuant to relevant legal provisions. (3) Within the limits of relevant legal provisions, a party may leave a deposit with the other party. After the debtor has discharged his debt, the deposit shall either be retained as partial payment of the debt or be returned. If the party who leaves the deposit defaults, he shall not be entitled to demand the return of the deposit; if the party who accepts the deposit defaults, he shall repay the deposit in double. (4) If a party has possession of the other party's property according to contract and the other party violates the contract by failing to pay a required sum of money within the specified time limit, the possessor shall have a lien on the property and may keep the retained property to offset the debt or have priority in satisfying his claim out of the proceeds from the sale of the property pursuant to relevant legal provisions. Article 90. Legitimate loan relationships shall be protected by law. Article 91. If a party to a contract transfers all or part of his contractual rights or obligations to a third party, he shall obtain the other party's consent and may not seek profits therefrom. Contracts which according to legal provisions are subject to state approval, such as transfers, must be approved by the authority that originally approved the contract, unless the law or the original contract stipulates otherwise. Article 92. If profits are acquired improperly and without a lawful basis, resulting in another person's loss, the illegal profits shall be returned to the person who suffered the loss. Article 93. If a person acts as manager or provides services in order to protect another person's interests when he is not legally or contractually obligated to do so, he shall be entitled to claim from the beneficiary the expenses necessary for such assistance. Section III Intellectual Property Rights Article 94. Citizens and legal persons shall enjoy rights of authorship (copyrights) and shall be entitled to sign their names as authors, issue and publish their works and obtain remuneration in accordance with the law. Article 95. The patent rights lawfully obtained by citizens and legal persons shall be protected by law. Article 96. The rights to exclusive use of trademarks obtained by legal persons, individual businesses and individual partnerships shall be protected by law. Article 97. Citizens who make discoveries shall be entitled to the rights of discovery. A discoverer shall have the right to apply for and receive certificates of discovery, bonuses or other awards. Citizens who make inventions or other achievements in scientific and technological research shall have the right to apply for and receive certificates of honor, bonuses or other awards. Section IV Personal Rights Article 98. Citizens shall enjoy the rights of life and health. Article 99. Citizens shall enjoy the right of personal name and shall be entitled to determine, use or change their personal names in accordance with relevant provisions. Interference with, usurpation of and false representation of personal names shall be prohibited. Legal persons, individual businesses and individual partnerships shall enjoy the right of name. Enterprises as legal persons, individual businesses and individual partnerships shall have the right to use and lawfully assign their own names. Article 100. Citizens shall enjoy the right of portrait. The use of a citizen's portrait for profit without his consent shall be prohibited. Article 101. Citizens and legal persons shall enjoy the right of reputation. The personality of citizens shall be protected by law, and the use of insults, libel or other means to damage the reputation of citizens or legal persons shall be prohibited. Article 102. Citizens and legal persons shall enjoy the right of honor. It shall prohibited to unlawfully divest citizens and legal persons of their honorary titles. Article 103. Citizens shall enjoy the right of marriage by choice. Mercenary marriages, marriages upon arbitrary decision by any third party and any other acts of interference in the freedom of marriage shall be prohibited. Article 104. Marriage, the family, old people, mothers and children shall be protected by law. The lawful rights and interests of the handicapped shall be protected by law. Article 105. Women shall enjoy equal civil rights with men. CHAPTER VI Civil Liability Section I General Stipulations Article 106. Citizens and legal persons who breach a contract or fail to fulfil other obligations shall bear civil liability. Citizens and legal persons who through their fault encroach upon state or collective property or the property or person of other people shall bear civil liability. Civil liability shall still be borne even in the absence of fault, if the law so stipulates. Article 107. Civil liability shall not be borne for failure to perform a contract or damage to a third party if it is caused by force majeure, except as otherwise provided by law. Article 108. Debts shall be cleared. If a debtor is unable to repay his debt immediately, he may repay by instalments with the consent of the creditor or a ruling by a people's court. If a debtor is capable of repaying his debt but refuses to do so, repayment shall be compelled by the decision of a people's court. Article 109. If a person suffers damages from preventing or stopping encroachment on state or collective property, or the property or person of a third party, the infringer shall bear responsibility for compensation, and the beneficiary may also give appropriate compensation. Article 110. Citizens or legal persons who bear civil liability shall also be held for administrative responsibility if necessary. If the acts committed by citizens and legal persons constitute crimes, criminal responsibility of their legal representatives shall be investigated in accordance with the law. Section II Civil Liability for Breach of Contract Article 111. If a party fails to fulfil its contractual obligations or violates the terms of a contract while fulfilling the obligations, the other party shall have the right to demand fulfilment or the taking of remedial measures and claim compensation for its losses. Article 112. The party that breaches a contract shall be liable for compensation equal to the losses consequently suffered by the other party. The parties may specify in a contract that if one party breaches the contract it shall pay the other party a certain amount of breach of contract damages; they may also specify in the contract the method of assessing the compensation for any losses resulting from a breach of contract. Article 113. If both parties breach the contract, each party shall bear its respective civil liability. Article 114. If one party is suffering losses owing to the other party's breach of contract, it shall take prompt measures to prevent the losses from increasing; if it does not promptly do so, it shall not have the right to claim compensation for the additional losses. Article 115. A party's right to claim compensation for losses shall not be affected by the alteration or termination of a contract. Article 116. If a party fails to fulfil its contractual obligations on account of a higher authority, it shall first compensate for the losses of the other party or take other remedial measures as contractually agreed and then the higher authority shall be responsible for settling the losses it sustained. Section III Civil Liability for Infringement of Rights Article 117. Anyone who encroaches on the property of the state, a collective or another person shall return the property; failing that, he shall reimburse its estimated price. Anyone who damages the property of the state, a collective or another person shall restore the property to its original condition or reimburse its estimated price. If the victim suffers other great losses therefrom, the infringer shall compensate for those losses as well. Article 118. If the rights of authorship (copyrights), patent rights, rights to exclusive use of trademarks, rights of discovery, rights of invention or rights for scientific and technological research achievements of citizens or legal persons are infringed upon by such means as plagiarism, alteration or imitation, they shall have the right to demand that the infringement be stopped, its ill effects be eliminated and the damages be compensated for. Article 119. Anyone who infringes upon a citizen's person and causes him physical injury shall pay his medical expenses and his loss in income due to missed working time and shall pay him living subsidies if he is disabled; if the victim dies, the infringer shall also pay the funeral expenses, the necessary living expenses of the deceased's dependents and other such expenses. Article 120. If a citizen's right of personal name, portrait, reputation or honor is infringed upon, he shall have the right to demand that the infringement be stopped, his reputation be rehabilitated, the ill effects be eliminated and an apology be made; he may also demand compensation for losses. The above paragraph shall also apply to infringements upon a legal person's right of name, reputation or honor. Article 121. If a state organ or its personnel, while executing its duties, encroaches upon the lawful rights and interests of a citizen or legal person and causes damage, it shall bear civil liability. Article 122. If a substandard product causes property damage or physical injury to others, the manufacturer or seller shall bear civil liability according to law. If the transporter or storekeeper is responsible for the matter, the manufacturer or seller shall have the right to demand compensation for its losses. Article 123. If any person causes damage to other people by engaging in operations that are greatly hazardous to the surroundings, such as operations conducted high aboveground, or those involving high pressure, high voltage, combustibles, explosives, highly toxic or radioactive substances or high-speed means of transport, he shall bear civil liability; however, if it can be proven that the damage was deliberately caused by the victim, he shall not bear civil liability. Article 124. Any person who pollutes the environment and causes damage to others in violation of state provisions for environmental protection and the prevention of pollution shall bear civil liability in accordance with the law. Article 125. Any constructor who engages in excavation, repairs or installation of underground facilities in a public place, on a roadside or in a passageway without setting up clear signs and adopting safety measures and thereby causes damage to others shall bear civil liability. Article 126. If a building or any other installation or an object placed or hung on a structure collapses, detaches or drops down and causes damage to others, its owner or manager shall bear civil liability, unless he can prove himself not at fault. Article 127. If a domesticated animal causes harm to any person, its keeper or manager shall bear civil liability. If the harm occurs through the fault of the victim, the keeper or manager shall not bear civil liability; if the harm occurs through the fault of a third party, the third party shall bear civil liability. Article 128. A person who causes harm in exercising justifiable defense shall not bear civil liability. If justifiable defense exceeds the limits of necessity and undue harm is caused, an appropriate amount of civil liability shall be borne. Article 129. If harm occurs through emergency actions taken to avoid danger, the person who gave rise to the danger shall bear civil liability. If the danger arose from natural causes, the person who took the emergency actions may either be exempt from civil liability or bear civil liability to an appropriate extent. If the emergency measures taken are improper or exceed the limits of necessity and undue harm is caused, the person who took the emergency action shall bear civil liability to an appropriate extent. Article 130. If two or more persons jointly infringe upon another person's rights and cause him damage, they shall bear joint liability. Article 131. If a victim is also at fault for causing the damage, the civil liability of the infringer may be reduced. Article 132. If none of the parties is at fault in causing damage, they may share civil liability according to the actual circumstances. Article 133. If a person without or with limited capacity for civil conduct causes damage to others, his guardian shall bear civil liability. If the guardian has done his duty of guardianship, his civil liability may be appropriately reduced. If a person who has property but is without or with limited capacity for civil conduct causes damage to others, the expenses of compensation shall be paid from his property. Shortfalls in such expenses shall be appropriately compensated for by the guardian unless the guardian is a unit. Section IV Methods of Bearing Civil Liability Article 134. The main methods of bearing civil liability shall be: (1) cessation of infringements; (2) removal of obstacles; (3) elimination of dangers; (4) return of property; (5) restoration of original condition; (6) repair, reworking or replacement; (7) compensation for losses; (8) payment of breach of contract damages; (9) elimination of ill effects and rehabilitation of reputation; and (10) extension of apology. The above methods of bearing civil liability may be applied exclusively or concurrently. When hearing civil cases, a people's court, in addition to applying the above stipulations, may serve admonitions, order the offender to sign a pledge of repentance, and confiscate the property used in carrying out illegal activities and the illegal income obtained therefrom. It may also impose fines or detentions as stipulated by law. CHAPTER VII Limitation of Action Article 135. Except as otherwise stipulated by law, the limitation of action regarding applications to people's court for protection of civil rights shall be two years. Article 136. The limitation of action shall be one year in cases concerning the following: (1) Claims for compensation for bodily injuries; (2) Sales of substandard goods without proper notice to that effect; (3) Delays in paying rent or refusal to pay rent; or (4) Loss of or damage to property left in the care of another person. Article 137. A limitation of action shall begin when the entitled person knows or should know that his rights have been infringed upon. However, the people's court shall not protect his rights if 20 years have passed since the infringement. Under special circumstances, the people's court may extend the limitation of action. Article 138. If a party chooses to fulfil obligations voluntarily after the limitation of action has expired, he shall not be subject to the limitation. Article 139. A limitation of action shall be suspended during the last six months of the limitation if the plaintiff cannot exercise his right of claim because of force majeure or other obstacles. The limitation shall resume on the day when the grounds for the suspension are eliminated. Article 140. A limitation of action shall be discontinued if suit is brought or if one party makes a claim for or agrees to fulfilment of obligations. A new limitation shall be counted from the time of the discontinuance. Article 141. If the law has other stipulations concerning limitation of action, those stipulations shall apply. CHAPTER VIII Application of Law in Civil Relations with Foreigners Article 142. The application of law in civil relations with foreigners shall be determined by the provisions in this chapter. If any international treaty concluded or acceded to by the People's Republic of China contains provisions differing from those in the civil laws of the People's Republic of China, the provisions of the international treaty shall apply, unless the provisions are ones on which the People's Republic of China has announced reservations. International practice may be applied to matters for which neither the law of the People's Republic of China nor any international treaty concluded or acceded to by the People's Republic of China has any provisions. Article 143. If a citizen of the People's Republic of China settles in a foreign country, the law of that country may be applicable as regards his capacity for civil conduct. Article 144. The ownership of immovable property shall be bound by the law of the place where it is situated. Article 145. The parties to a contract involving foreign interests may choose the law applicable to settlement of their contractual disputes, except as otherwise stipulated by law. If the parties to a contract involving foreign interests have not made a choice, the law of the country to which the contract is most closely connected shall be applied. Article 146. The law of the place where an infringing act is committed shall apply in handling compensation claims for any damage caused by the act. If both parties are citizens of the same country or have established domicile in another country, the law of their own country or the country of domicile may be applied. An act committed outside the People's Republic of China shall not be treated as an infringing act if under the law of the People's Republic of China it is not considered an infringing act. Article 147. The marriage of a citizen of the People's Republic of China to a foreigner shall be bound by the law of the place where they get married, while a divorce shall be bound by the law of the place where a court accepts the case. Article 148. Maintenance of a spouse after divorce shall be bound by the law of the country to which the spouse is most closely connected. Article 149. In the statutory succession of an estate, movable property shall be bound by the law of the decedent's last place of residence, and immovable property shall be bound by the law of the place where the property is situated. Article 150. The application of foreign laws or international practice in accordance with the provisions of this chapter shall not violate the public interest of the People's Republic of China. CHAPTER IX Supplementary Provisions Article 151. The people's congresses of the national autonomous areas may formulate separate adaptive or supplementary regulations or provisions in accordance with the principles of this Law and in light of the characteristics of the local nationalities. Those formulated by the people's congresses of autonomous regions shall be submitted in accordance with the law to the Standing Committee of the National People's Congress for approval or for the record. Those formulated by the people's congresses of autonomous prefectures or autonomous counties shall be submitted to the standing committee of the people's congress in the relevant province or autonomous region for approval. Article 152. If an enterprise owned by the whole people has been established with the approval of the competent authority of a province, autonomous region or centrally administered municipality or at a higher level and it has already been registered with the administrative agency for industry and commerce, before this Law comes into force, it shall automatically quality as a legal person without having to re-register as such. Article 153. For the purpose of this Law, "force majeure" means unforeseeable, unavoidable and insurmountable objective conditions. Article 154. Time periods referred to in the Civil Law shall be calculated by the Gregorian calendar in years, months, days and hours. When a time period is prescribed in hours, calculation of the period shall begin on the prescribed hour. When a time period is prescribed in days, months and years, the day on which the period begins shall not be counted as within the period; calculation shall begin on the next day. If the last day of a time period falls on a Sunday or an official holiday, the day after the holiday shall be taken as the last day. The last day shall end at 24: 00 hours. If business hours are applicable, the last day shall end at closing time. Article 155. In this Law, the terms "not less than," "not more than," "within" and "expires" shall include the given figure; the terms "under" and "beyond" shall not include the given figure. Article 156. This Law shall come into force on January 1, 1987.

Regulations on Human Organ Transplantation

State Council General Office Circular on Printing and Issuing the 11th 5-Year Program for Ethnic Minority Undertakings (Chinese Text)

The following text was retrieved from the PRC Central Government <a href="https://www.gov.cn/zwgk/2007-03/08/content_545955.htm">Web site</a> on March 29, 2007.

Henan Province Regulation on Prohibiting Non-Medically Necessary Fetal Sex Determination and Sex-Selective Abortion (Chinese Text)

The following text was retrieved from the Xinhua <a href="https://www.ha.xinhuanet.com/add/zfzx/2006-12/15/content_8789764.htm">Web site</a> on March 28, 2007.

Implementing Rules for the Henan Province Population and Family Planning Regulation (Chinese Text)

The following text was retrieved from the Henan Province Government <a href="https://www.henan.gov.cn/zwgk/system/2007/01/04/010019041.shtml">Web site</a> on March 27, 2007.

Henan Province Population and Family Planning Regulation (Chinese Text)

The following text was retrieved from the law-lib.com <a href="https://www.law-lib.com/lawhtm/2002/74461.htm">Web site </a>on March 27, 2007.

Opinions on Strengthening Handling Cases in Strict Accordance with Law and Guaranteeing the Quality of Handling Death Penalty Cases (Chinese Text)

The following text was retrieved from the Xinhua Web <A HREF="https://news.xinhuanet.com/legal/2007-03/12/content_5833204.htm">site</A> on August 31, 2010.

Regulation for the Implementation of the Trademark Law (Chinese and English Text)

The following translation was retrieved from the <a href="https://english.njfiw.gov.cn/article.htm1?id=936">Nanjing City Web site</a> on February 4, 2007. The Chinese text was retrieved from the Ministry of Justice Web site on March 7, 2006. <HR> Regulation for the Implementation of the Trademark Law of the People's Chapter I General Provisions Article 1 The present Regulation has been enacted on the basis of the Trademark Law of the People's Republic of China (hereafter referred to as the Trademark Law). Article 2 The provisions of the present Regulation concerning relevant commodities trademarks shall be applicable to service trademarks. Article 3 The use of trademarks as mentioned in the Trademark Law and the present Regulation refers to affixing trademarks to commodities, commodity packages or containers as well as commodity exchange documents or using trademarks to advertisements, exhibitions and other commercial activities. Article 4 The "commodities to which registered trademarks must be used according to the provisions of the State" as mentioned in Article 6 of the Trademark Law refers to the commodities to which registered must be used according to the provisions of laws or administrative regulations. Article 5 According to the provisions of the Trademark Law and the present Regulation, when a dispute arises in the process of trademark registration or trademark appraisal and the relevant party concerned believes that the trademark thereof constitutes a well-known one, he may apply to the corresponding Trademark Office or Trademark Appraisal Committee for recognition and reject the trademark registration application that violates Article 13 of the Trademark Law or cancel the trademark registration that violates Article 13 of the Trademark Law. When filing the application, the party concerned shall submit evidential materials to prove that the trademark thereof constitutes a well-known trademark. The Trademark Office or Trademark Appraisal Committee shall, upon the request of the party concerned and on the basis of finding out facts, decide whether the trademark constitutes a well-known trademark or not according to the provisions of Article 14 of the Trademark Law. Article 6 The geographic marks as mentioned in Article 16 of the Trademark Law may, according to the provisions of the Trademark Law and the present Regulation, be registered as a certification mark or collective mark. Where a geographic mark is registered as a certification mark, the natural person, legal person or other organization whose commodities meets the conditions for using the geographic mark may request for using the certification mark, and the organization that controls the certification mark shall consent. Where a geographic mark is registered as a collective mark, the natural person, legal person or other organization whose commodities meets the conditions for using the geographic mark may request for becoming a member of the body, society or other organization that has registered the geographic mark as a collective mark, and the body, society or other organization shall accept him or it to be a member according to the constitutions thereof. Any one who does not request for becoming a member of the body, society or other organization that has registered the geographic mark as a collective one, he or it may be justified in using the geographic mark, and the body, society or other organization shall not interdict. Article 7 To entrust a trademark agency to apply for trademark registration or handle other trademark matters, the party concerned shall present a power of attorney. The power of attorney shall clearly specify the content of agency and the limit of power. If the client is a foreigner or foreign enterprise, the power of attorney shall specify the nationality thereof. The principle of reciprocity shall be followed in the notarization or attestation of powers of attorney of foreigners or foreign enterprises as well as other relevant certification documents. A foreigner or foreign enterprise as mentioned in Article 18 of the Trademark Law refers to a foreigner or foreign enterprise that does not have a permanent residence or site of business within China. Article 8 The Chinese language shall be used in the applications for trademark registration or in the handling of other trademark matters. If any of the certificates, certification documents or evidential materials submitted as pursuant to the provisions of the Trademark Law and the present Regulation is in a foreign language, a Chinese version shall be submitted at the same time. If no Chinese version is submitted, it shall be deemed that the certificate, certification document or evidential material has not been submitted. Article 9 A working staff of the Trademark Office or Trademark Appraisal Committee shall withdraw, and the party concerned or interested parties may request him to withdraw if he: a. is the party concerned or a close relative of the party concerned or the agent thereof; b. has other relationship with the party concerned or the agent thereof so that impartiality may be affected; c. has an interest in the application for trademark registration or in the handling of other trademark matters. Article 10 Unless it is otherwise provided, where the parties concerned submits documents or materials to the Trademark Office or Trademark Appraisal Committee directly, the day when he submits shall be the day of submission. If the documents or materials are submitted by post, the post stamp date for sending out shall be the day of submission. Where the post stamp date is not clear or there is no post stamp date, the submission date shall be the day when the Trademark Office or Trademark Appraisal Committee actually receives the documents or materials unless the parties concerned can prove the actual post stamp date for sending out. Article 11 The various kinds of documents of the Trademark Office or Trademark Appraisal Committee may be serviced to the parties concerned directly or by post or by any other means. Where the party concerned has entrusted a trademark agency, the service of documents to the trademark agent shall be deemed as having been serviced to the party concerned. As for the date of service of the various kinds of documents to the parties concerned by the Trademark Office or Trademark Appraisal Committee, if the documents are serviced by post, it shall be the post stamp date when the party concerned receives the document. Where the post stamp date is not clear or there is no post stamp date, it shall be deemed as having been serviced to the party concerned 15 days after the document is sent out. If the document is serviced directly, it shall be the day when it is serviced. Where it is impossible to service directly or by post, it may be serviced to the parties concerned by public announcement. The document shall be deemed as having been serviced 30 days after the public announcement is made. Article 12 International trademark registrations shall be handled according to the international treaties to which China has acceded. The detailed specific measures shall be formulated by the administrative department of industry and commerce under the State Council. Chapter II Application for Trademark Registration Article 13 An application for trademark registration shall be made according to the published table of classification of commodities and services. For each trademark registration application, the applicant shall submit to the Trademark Office a copy of Application for Trademark Registration, 5 copies of the trademark design, and, in the case of decided colors, 5 copies of colored design and a copy of black and white design. The trademark designs shall be conspicuous and easy to be attached. They shall be printed on smooth and durable paper or be replaced by photos, the size of which shall be no more than 10 centimeters but no less than 5 centimeters in length or width. Where an application is made for a three-dimensional mark, it shall be clearly stated in the application and a design shall be submitted according to which three-dimensional shape could be determined. Where an application is made for the registration of a color group as a trademark, it shall be clearly specified in the application and a written explanation shall be submitted. Where an application is made for the registration of a collective trademark or certification mark, it shall be specified in the application, and a certification document concerning the qualifications of the subject as well as the rules of the administration of use shall be submitted. Where a trademark is in a foreign language or involves a foreign language, the meanings of the foreign language shall be explained. Article 14 To apply for trademark registration, the applicant shall submit a photocopy of the effective certificates that can prove his identification. The name of the trademark registration applicant shall be identical to the certificates submitted. Article 15 The name of a commodity or service to be filled in shall be based on the table of classification of commodities and services. Where the name of a commodity or service is not included in the table of classification of commodities and services, an explanation shall be made concerning the commodity or service. The trademark registration applications and other relevant documents shall be typewritten or printed. Article 16 To jointly apply for the registration of a same trademark, a representative shall be designated in the application. In the absence of a representative, the first sequence person in the application shall be the representative. Article 17 Where the applicant alters his name, address or agent, or deletes any of the designated commodities, he may apply to the Trademark Office for alterations. Where the applicant transfers his application for trademark registration, he shall go through transfer procedures at the Trademark Office. Article 18 The day of application for trademark registration shall be the day when the Trademark Office receives the application documents. If the application procedures are complete and application documents have been filled in according to relevant provisions, the Trademark Office shall accept and notify the applicant in writing. If the application procedures are incomplete or application documents fail to be filled in according to relevant provisions, the Trademark Office shall refuse to accept and inform the applicant in writing together with an explanation of the reasons. If the application procedures are basically complete or the application documents are basically in conformity with relevant provisions but need supplementing, the Trademark Office shall inform the applicant to make supplements, and demand him to make up the designated contents and send back to the Trademark Office within 30 days after receiving the notice. If supplements are made within the required time period and sent back to the Trademark Office, the date of application shall be retained. If the applicant fails to make the supplement within the required time period, it shall be deemed that he has given up the application, and the Trademark Office shall inform the applicant in writing. Article 19 If two or more applicants apply on the same day for registration of identical or similar trademarks for the same kind of commodity or similar commodity, each applicant shall submit, within 30 days and as notified by the Trademark Office, proof of the date of the first use of its trademark. In case the trademarks were first used on the same day, or neither is yet in use, the applicants shall settle the matter by negotiations within 30 days after receiving the notice of the Trademark Office, and the agreement shall be submitted to the Trademark Office in writing. If they refuse to negotiate or if they fail to enter into any agreement, the Trademark Office shall inform them to decide the applicant by drawing lots, and the application of other applicants shall be rejected. Where any applicant has been notified by the Trademark Office but fails to draw lots, he shall be deemed as giving up his application, and the Trademark Office shall inform the applicant failing to draw lots in writing. Article 20 Where an applicant requests for priority according to the provisions of Article 24 of the Trademark Law, the reproduction of the documents submitted thereby for the first time for trademark registration shall be subject to the certification of the administrative department of trademark affairs that has accepted the application which shall mark the date and sequence number of application. Where an applicant requests for priority according to the provisions of Article 25 of the Trademark Law, the certification documents submitted by the applicant shall be subject to the attestation of an institution as designated by the administrative department of industry and commerce under the State Council, with the exception of international commodity fairs held within the territory of China on which his commodities have been exhibited. Chapter III Examination of Applications for Trademark Registration Article 21 The Trademark Office shall examine the applications for trademark registration that it has accepted according to the relevant provisions of the Trademark Law and the present Regulation, and grant initial approval by public announcement to those applications that meet the requirements and those applications that meet the requirements for registration of trademarks to be used on some of the designated commodities. If the application does not meet the requirements or the application for registration of a trademark to be used on some of the designated commodities does not meet the requirements, it shall be rejected, and the applicant shall be informed with an explanation of the reasons. Where the Trademark Office grants initial approval to an application for the registration of a trademark to be used on some of the designated marks, the applicant may, prior to the expiration of the demurral period, request for giving up the application. Where the applicant gives up his application for registering a trademark to be used on some of the designated commodities, the Trademark Office shall cancel the original initial approval and terminate the examination procedures and make a new announcement. Article 22 If demurral is raised against a trademark to which the Trademark Office has granted initial approval by public announcement, the demurrer shall submit a letter of demurral in duplicate to the Trademark Office. The letter of demurral shall clearly specify the issue number of the Trademark Announcements on which the demurred mark is published and the number of initial approval. The letter of demurral shall include specific claims, be supported by facts and be accompanied by relevant evidential materials. The Trademark Office shall send a reproduction of the letter of demurral in good time to the demurred party, demanding him to give a reply within 30 days after receiving the reproduction of the letter of demurral. In case the demurred party fails to make a reply, the Trademark Office shall not be affected in making a ruling concerning the demurral. Where any of the parties concerned needs to supplement relevant evidential materials after filing the request for demurral or after making a reply, he shall make a statement in the request or reply, and submit them within 3 months after filing the request or making the reply. Failure to submit at the expiration of the prescribed time period shall be deemed that the party concerned has quitted the supplementation of relevant evidential materials. Article 23 The term "justification of demurral" as mentioned in Article 34 (b) of the Trademark Law shall include the justification on some of the designated commodities. Where the demurral is justified on some of the designated commodities, the application for registering a trademark to be used on some of the designated commodities shall not be approved. Where public announcement has already been made for the registration of the demurred mark before the ruling of demurral takes effect, the original registration announcement shall be canceled, and a new announcement shall be made for the mark approved for registration by the ruling of demurral. The mark which is approved for registration by the ruling of demurral shall not have retrospective force against other persons' use of the same or similar mark on identical or similar products after the period of trademark demurral expires but before the ruling of demurral takes effect. However, if any loss has been caused by the vicious use of the user to the trademark registrant, such loss shall be compensated. The time period for requesting appraisal of a trademark which is approved for registration by the ruling of demurral shall commence on the day when the ruling of demurral is announced. Chapter IV Alteration, Transfer and Renew of Registered Trademarks Article 24 To alter the name, address or other registration matters of a trademark registrant, the applicant shall file an application for alteration to the Trademark Office. The Trademark Office shall, upon approving the application, issue a corresponding certificate to the trademark registrant and make a public announcement. In approval is not to be granted, it shall inform the applicant in written form. To alter the name of a trademark registrant, the applicant shall also submit relevant certification documents of alteration as issued by the business registration authority. If he fails to submit the certification documents, he may make it up within 30 days after filing the application. If he fails to submit when the prescribed time period expires, it shall be deemed that he has quitted the application, and the Trademark Office shall inform the applicant in written form. To alter the name or address of a trademark registrant, the registrant shall alter all of his registered trademarks. Failing to alter all his registered trademarks, it shall be deemed that he has quitted the application, and the Trademark Office shall inform the applicant in written form. Article 25 To transfer a registered trademark, the transferrer and the transferee shall file an application to the Trademark Office for the transfer of the registered mark. The application procedures for the transfer shall be gone through by the transferee. The Trademark Office shall, after granting approval to the transfer of registered trademark, issue corresponding certificates to the transferee and make a public announcement. To transfer a registered trademark, the registrant shall transfer all his identical or similar marks that are used on identical or similar commodities. If he fails to transfer all his marks, the Trademark Office shall inform him to mend up within a prescribed time period. If he fails to mend up during the time period, it shall be deemed that he has quitted the application for transferring the mark, and the Trademark Office shall inform the applicant in written form. If the transfer of registered trademark may be misleading, confusing or causing other unfavorable effects, the application for such transfer shall not be approved by the Trademark Office and shall inform the applicant in written form together with an explanation of the reasons. Article 26 If the exclusive right to use a registered trademark is transferred due to any matter other than trademark transfer, the party concerned that accepts the exclusive right to use the registered trademark shall handle the procedures of transferring the exclusive right by presenting relevant certification documents or legal documents at the Trademark Office. If the exclusive right to use a registered trademark is transferred, the identical or similar trademarks that the right holder registers on the identical or similar commodities shall be transferred at the same time. If he fails to transfer at the same time, the Trademark Office shall order him to mend up. If he fails to mend up during the prescribed time period, it shall be deemed that he has quitted the application for transferring the registered trademark, and the Trademark Office shall inform the applicant in writing. Article 27 Where the registration of a registered mark needs to be renewed, an application shall be filed to the Trademark Office for renewal. The Trademark Office shall, upon approving the application for renewing the registration, issue a certificate and make a public announcement. The valid period of time of the renewed registered trademark shall be calculated from the day when the preceding period of the mark expires. Chapter V Trademark Appraisal Article 28 The Trademark Appraisal Committee accepts applications for trademark appraisal filed according to the provisions of Articles 32, 33, 41 and 49. The Trademark Appraisal Committee makes appraisals lawfully and on the basis of facts. Article 29 The phrase "having different opinions about a registered trademark" as mentioned in Article 41, Paragraph 3 of the Trademark Law refers to that the prior trademark registrant believes that the trademark of a latter applicant is identical or similar to his trademark used on identical or similar commodities. Article 30 To apply for trademark appraisal, the applicant shall file an application to the Trademark Appraisal Committee and submit as many reproductions as the number of parties concerned. If an application for reconsideration is filed on the basis of the decision or ruling of the Trademark Office, a reproduction of the decision or ruling of the Trademark Office shall be attached at the same time. After receiving the application, the Trademark Appraisal Committee shall accept it if it is found to be eligible upon examination. If it is found to be not eligible for acceptance, the Trademark Appraisal Committee shall not accept it, but shall inform the applicant in writing together with an explanation of the reasons. If the application needs to be mended up, the applicant shall be informed to mend up within 30 days after receiving the notice. If the application is still not eligible after being mended up, the Trademark Appraisal Committee shall reject it and inform the applicant in writing together with an explanation of the reasons. If the applicant fails to mend up during the prescribed time period, it shall be deemed that he has withdrawn the application, and the Trademark Appraisal Committee shall inform the applicant in writing. If the Trademark Appraisal Committee finds the application for trademark appraisal does not meet the requirements for acceptance after it is accepted, it shall reject it and inform the applicant in writing. Article 31 After accepting the application for trademark appraisal, the Trademark Appraisal Committee shall send a reproduction of the application to the opposite party in good time, and demanding him to make a reply within 30 days after receiving the reproduction. If he fails to make a reply within the prescribed time period, the appraisal of the Trademark Appraisal Committee shall not be affected. Article 32 Where any party concerned needs to supplement relevant evidential materials after filing the application for appraisal or making a reply, he shall make a statement in the application or reply, and shall submit them within 3 months after filing the application or making a reply. If he fails to submit within the prescribed period, it shall be deemed that he has quitted the supplementation of relevant evidential materials. Article 33 The Trademark Appraisal Committee may, according to the request of the parties concerned or the actual need, decide whether to appraise the application in public. Where the Trademark Appraisal Committee decides to appraise the application in public, it shall inform the parties concerned in writing, 15 days prior to the public appraisal, of the date, venue and appraisers. The parties concerned shall make a reply within the time period as prescribed in the notice. If the applicant neither makes a reply nor attends the public appraisal, it shall be deemed that he has withdrawn his application, and the Trademark Appraisal Committee shall inform the parties concerned in writing. If the party against whom the application is filed neither makes a reply nor attends the public appraisal, the Trademark Appraisal Committee may make a default appraisal. Article 34 If the applicant requests to withdraw his application before the Trademark Appraisal Committee makes a decision or ruling, he may withdraw it after making a written explanation to the Trademark Appraisal Committee. The appraisal procedures shall be terminated when the application is withdrawn. Article 35 Where any applicant withdraws his application for trademark appraisal, he may not file any further applications on the same facts and reasons. If the Trademark Appraisal Committee has made a decision or ruling about the application, no one may file further applications on the same facts and reasons. Article 36 In case a registered trademark is canceled according to the provisions of Article 41 of the Trademark Law, the exclusive right to use the trademark shall be deemed as not existing from the very beginning. The decisions or rulings about canceling a registered trademark shall not have retrospective force against the decisions made and enforced by the administrative department of industry and commerce concerning trademark infringement cases or contracts for the transfer of trademark or licensed use of trademark which has already been performed. However, if any loss has been caused by the trademark registrant to any other party, such loss shall be compensated. Chapter VI Administration of the Use of Trademarks Article 37 For the use of a registered trademark, it may be marked with the words "registered trademark" or a mark of registration on the commodities, commodity packages, specifications or other adhesive substances. Marks of registration include the encircled Chinese character "zhu" (注) or encircled letter "R" (?). The mark of registration shall be used at the upper right or lower right corner of the trademark used. Article 38 In case the certificate of trademark registration is missing damaged, the registrant shall apply to the Trademark Office for reissuance. If the certificate of trademark registration is missing, a lost property notice shall be published in the Trademark Announcements. The damaged certificate of trademark registration shall be returned to the Trademark Office when the registrant files an application for reissuing a certificate. Any one who forges or alters a certificate of trademark registration shall be subject to criminal liabilities according to the provisions of the Criminal Law concerning the crime of forging or altering certificates of state organs or other crimes. Article 39 Any trademark registrant who does any of the acts as mentioned in Items 1, 2 or 3 of Article 44 of the Trademark Law shall be ordered by the administrative department of industry and commerce to mend up within a prescribed time period. If he refuses to mend up, the administrative department of industry and commerce shall report to the Trademark Office for canceling the registered trademark thereof. Where any of the acts as mentioned in Item 4 of Article 44 of the Trademark Law, any one may request the Trademark Office to cancel the registered trademark and narrate the relevant facts. The Trademark Office shall inform the trademark registrant and order him to submit, within 2 months after receiving the notice, evidential materials for using the trademark before withdrawing his application or to state the justifications for not using it. If he fails to submit evidential materials for using it or if the evidential materials are invalid and he has not justified reasons, the registered trademark shall be canceled by the Trademark Office. The term "evidential materials" as mentioned in the preceding paragraph shall include the evidential materials for the trademark registrant's use of the registered trademark and the evidential materials for registrant's licensing other people to use it. Article 40 In case a registered trademark is canceled according to the provisions of Articles 44 and 45 of the Trademark Law, a public announcement shall be made by the Trademark Office, and the exclusive right to use the registered trademark shall be terminated as of the day when the Trademark Office makes the decision of cancellation. Article 41 If the reasons of the Trademark Office or Trademark Appraisal Committee for canceling a registered trademark concern only some of the designated commodities, the registered trademark that is used on this part of designated commodities shall be canceled. Article 42 A fine to be imposed according to the provisions of Articles 45 and 48 of the Trademark Law shall be less than 20% of the unlawful turnover or less than 2 times the unlawful profits obtained. A fine to be imposed according to the provisions of Article 47 of the Trademark Law shall be less than 10% of the unlawful turnover. Article 43 In the case of licensing other people to use his registered trademark, the licensor shall submit, within 3 months after the contract for licensed use of trademark is concluded, a reproduction of the contract to the Trademark Office for archivist purposes. Article 44 Any one who violates the provisions of Article 40, Paragraph 2 of the Trademark Law shall be ordered by the administrative department of industry and commerce to mend up within a prescribed time period. If he fails to mend up during the prescribed time period, the trademark signs thereof shall be confiscated. If the trademark signs are indispensable from the commodities, they shall be confiscated and destroyed together. Article 45 In case any use of trademarks violates Article 13 of the Trademark Law, the relevant parties concerned may request the administrative department of industry and commerce to interdict the use. When making the request, the parties concerned shall submit evidential materials to prove that the trademark thereof constitutes a well-known one. If the Trademark Office affirms on the basis of Article 14 of the Trademark Law that the trademark constitutes a well-known one, the administrative department of industry and commerce shall order the infringer to stop his acts of using the well-known trademark which is against the provisions of Article 13 of the Trademark Law. The trademark signs thereof shall be confiscated and destroyed. If the trademark signs are indispensable from the commodities, they shall be confiscated and destroyed together. Article 46 To apply for writing off a registered trademark or the registration of a trademark on some of the designated commodities, the trademark registrant shall file an application to the Trademark Office and return the original certificate of trademark registration. Where the trademark registrant requests for writing off a registered trademark or writing off the registration of a trademark on some of the designated commodities, the exclusive right to use the registered trademark or to use on some of the designated commodities shall be terminated as of the day when the Trademark Office receives its request for writing off. Article 47 In case the trademark registrant dies or is terminated and the registered trademark has not been transferred within 1 year after the death or termination, any one may request the Trademark Office for writing office the registered trademark. To apply for writing off the registered trademark, one shall submit evidences to prove that the relevant trademark registrant has died or been terminated. Where a registered trademark is written off due to the death or termination of registrant, the exclusive right to use the registered trademark shall be terminated as of the day when the registrant dies or is terminated. Article 48 Where a registered trademark is canceled or is written off according to the provisions of Articles 46 and 47 of the present Regulation, the original certificate of trademark registration shall be invalidated. If the registration of the trademark on some of the designated commodities is canceled or if the registrant requests for writing off his registration on some of the designated commodities, the Trademark Office shall make a remark on the original certificate of trademark registration and return it to the registrant or reissue a certificate of trademark registration and make a public announcement. Chapter VII Protection of the Exclusive Right to Use Registered Trademarks Article 49 The exclusive right holder of a registered trademark shall not be entitled to prohibit other people from using in normal ways the common name, logo, model which is implied in the registered trademark or the quality, main raw materials, functions, uses, weight, quantity or other features or the geographic name which is directly expressed by the registered trademark. Article 50 Any of the following acts shall be an act of infringing upon the exclusive right to use a registered trademark as mentioned in Item 5 of the Article 52 of the Trademark Law: a. Using on identical or similar commodities or using a sign which is identical or similar to the registered trademark of other people as the name of commodity or as the decoration of commodity so that the general public are misled; b. Intentionally facilitating any other's act of infringing upon the exclusive right to use a registered trademark such as storage, transportation, postage, concealing, etc. Article 51 With regard to any act of infringing upon the exclusive right to use a registered mark, any one may report or file a complaint to the administrative department of industry and commerce. Article 52 For the acts of infringing upon the exclusive right to use a registered trademark, the infringer may be fined a sum of up to 3 times of the unlawful turnover. If the unlawful turnover cannot be calculated, the fine may be up to 100,000 yuan. Article 53 Where the owner of a trademark believes that his well-known trademark is registered as the name of enterprise by any other person and the general public might be cheated or be misled, he may apply to the administrative department in charge of the registration of enterprise names to cancel the registration of the enterprise name. The administrative department in charge of the registration of enterprise names shall deal with it according to the Provisions on the Registration of Enterprise Names. Chapter VIII Supplementary Provisions Article 54 If a service mark which had been used incessantly up to July 1, 1993 is identical or similar to the service mark that was registered for identical or similar services by any other person, it may continue to be used. However, if it had been ceased from use for up to 3 years after July 1, 1993, it may not continue to be used. Article 55 The detailed measures for the administration of trademark agency shall be separately formulated by the State Council. Article 56 The table of classification of commodities and services for the registration of trademarks shall be formulated and promulgated by the administrative department of industry and commerce under the State Council. The documentary formats for the application for trademark registrations or handling other trademark matters shall be formulated and promulgated by the administrative department of industry and commerce under the State Council. The rules for the appraisal of the Trademark Appraisal Committee shall be formulated and promulgated by the administrative department of industry and commerce under the State Council. Article 57 A Directory of Trademark Registration shall be prepared by the Trademark Office to record registered marks and other registration-related matters. The Trademark Office compiles and publishes the Trademark Announcements to publish trademark registrations and other relevant matters. Article 58 Fees shall be paid for the applications for trademark registration or for handling other trademark matters. The items and rates for paying fees shall be formulated and promulgated by the administrative department of industry and commerce under the State Council in collaboration with the administrative department of price affairs under the State Council. Article 59 The present Regulation shall enter into force as of September 15, 2002. The Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China which was promulgated by the State Council on March 10, 1983 and amended upon the ratification of the State Council for the first time on January 3, 1988 and for the second time on July 15, 1993 as well as the Official Reply of the State Council on the Issue of Certificates to Be Attached for the Handling of Trademark Registrations which was published on April 23, 1995 shall be repealed concurrently.

Regulation on the Implementation of the Copyright Law (Chinese and English Text)

The following translation was retrieved from the <a href="https://english.njfiw.gov.cn/article.htm1?id=937">Nanjing City Web site</a> on February 4, 2007. The Chinese text was retrieved from the National Copyright Administation Web site on March 7, 2006. <HR> Regulation on the Implementation of the Copyright Law of the People's Republic of China Article 1 The present Regulation has been enacted on the basis of the Copyright Law of the People's Republic of China (hereafter "the Copyright Law"). Article 2 The term "works" used in the Copyright Law refers to original intellectual creations in the literary, artistic and scientific domain, in so far as they are capable of being reproduced in a certain tangible form. Article 3 The term "creation" mentioned in the Copyright Law refers to intellectual activities from which literary, artistic and scientific works are directly resulted. The making of arrangement and the provision of consultation, material means or supporting service, done for others in their creating activities, shall not be deemed as acts of creating. Article 4 Definitions of the following works mentioned in the Copyright Law and the present Regulation are: (1) Written works are works expressed in writing, such as novels, poems, pieces of prose and treatises; (2) Oral works are works, such as impromptu speeches, lectures and court debates, which are created in spoken language; (3) Musical works are works, with or without accompanying words, which can be sung or performed, such as songs and symphonies; (4) Dramatic works are works, such as dramas, operas and local art forms, which are created for stage performance; (5) Qu Yi works are works created mainly for performance in a way involving recitation, singing, or both, such as xiangsheng (cross talk), kuaishu (clapper talk), dagu (story singing with the accompaniment of a small drum) and pingshu (story telling); (6) Choreographic works are works which express ideas and emotions by means of successive body movements, gestures and facial movements; (7) Acrobatic works are works which are expressed through shapes and acts of body and other skills, such as acrobatics, magic, circus, etc. (8) Works of fine art are two- or three-dimensional works created in lines, colors or other medium which, when being viewed, impart esthetic effects, such as paintings, works of calligraphy, sculptures, etc.; (9) Architectural works are works that are represented by buildings or forms of buildings and that, when viewed, could impart esthetic effects; (10) Photographic works are the kind of artistic works created by recording the images of objective objects on light-sensitive materials or other media with the aid of devices; (11) Cinematographic works and works created by methods similar to producing movies refer to those that are created by shooting on some medium and that consist of a series of frames of images, with or without accompanying sound, and can be screened with the aid of devices or transmitted by other means; (12) Works of drawing include engineering designs and product designs created for the purpose of constructions and productions and atlases or sketch maps that show geographic phenomena or demonstrate the elements or structures of things; (13) Model works are three-dimensional works that are created in certain proportions according to the shapes and structures of objects for the purpose of demonstration, experiment or observation, etc. Article 5 Definitions of the following terms as mentioned in the Copyright Law and the present Regulation are: (1) News of current events refers to the mere report of facts or happenings conveyed by mass media including newspapers, periodicals and radios and television stations, etc.; (2) Sound recordings are the recordings of any sounds performed or other sounds; (3) Video recordings are recordings of a series of related images or pictures, with or without accompanying sounds, other than cinematographic works and works that are created by ways similar to shooting movies; (4) Producer of sound recordings refers to the original producer of the sound recordings; (5) Producer of video recordings refers to the original producer of the video recordings; (6) Performer refers to actors or acting entities or other persons who perform literary and artistic works. Article 6 Copyright originates as of the day when the creation of a work is completed. Article 7 The works of foreigners or stateless persons that are published for the first time without the territory of China as mentioned in Article 2, Paragraph 3 of the Copyright Law shall be subject to protection on the day when they are published for the first time. Article 8 Where any of the works of any foreigner or stateless person is published within the territory of China within 30 days after being published for the first time without the territory of China, it shall be deemed as being published within the territory of China simultaneously. Article 9 The copyright to co-authored works that cannot be used piecemeal shall be shared by the co-authors and exercised through negotiations. Where an agreement fails and there is no good reason, no co-author may stop any other co-author from exercising his rights other than assignment, but the gains acquired shall be shared by the co-authors in a reasonable way. Article 10 Where the copyright owner has authorized the making of cinematographic works or works created in ways similar to shooting movies on the basis of his or her work, it shall be implied that he or she has granted permission to make necessary alterations to his or her work, in so far as such alteration does not distort or mutilate the original work. Article 11 The term "work assignment" as used in Article 16, Paragraph 1 of the Copyright Law concerning assignment works refers to the duties that a citizen should fulfill for the legal person or organization. The term "material and technical conditions" as mentioned in Article 16, Paragraph 2 of the Copyright Law concerning assignment works refers to the funds, equipments or materials specially provided by the legal person or organization for the citizen to complete the creation of the work. Article 12 The remunerations that the author obtains from a third party by permit him to use his assignment work in similar ways as the entity uses it within two years after the work is completed and upon the consent of the entity where he works shall be shared by the entity according to the proportion as agreed upon by the author and the entity. The aforementioned 2 years' period after the creation of the work shall be calculated from the date on which the work concerned is submitted to the entity. Article 13 In the case of a work of unknown authorship, the copyright thereof shall be exercised by the holder of the original copy of the work except the right of authorship. After the authorship has been ascertained, the copyright shall be exercised by the author or the heirs thereof. Article 14 Where any of the coauthors dies and the copyright thereof as mentioned in Article 10, Paragraph 1, Items 5 through 17 of the Copyright Law which there is no one to inherit or to be bequeathed, it shall be enjoyed by other coauthors. Article 15 The right of authorship, the right of revision and the right of keeping the integrity of the work shall, after the author dies, be protected by the inheritor or bequeathed. In the absence of inheritors or bequeathed, right of authorship, right of revision and right of keeping the integrity of the work shall be protected by the copyright administrative authority. Article 16 The copyright enjoyed by the State shall be enforced by the copyright administrative authority on behalf of the State. Article 17 In the case of posthumous works, the right of publication may be exercised by the inheritor or the bequeathed within 50 years after the author's death if the author has not explicitly expressed that the work shall not be published. In the absence of any inheritor of bequeathed, the said right may be exercised by the lawful holder of the original work. Article 18 In the case of a work of unknown authorship, the term of protection of the rights as provided in Article 10, Paragraph 1, Items 5 through 17 of the Copyright Law, shall be 50 years ending on December 31 of the fiftieth year after the first publication of the work. The provisions of Article 21 of the Copyright Law shall be applicable after authorship of the work has been ascertained. Article 19 When using other author's work, the name of the author and the title of the work shall be specified unless it has been otherwise agreed upon by the parties concerned or it cannot be specified due to the peculiarity of the way of use. Article 20 The term "published work" as mentioned in the Copyright Law refers to a work which has been made known to the public by the holder of copyright or by permission. Article 21 According to the relevant provisions of the Copyright Law, the use of any published work for which it is permitted not to obtain the permission of the holder of copyright shall not affect the normal use of the work, and shall not unreasonably impair the lawful rights of the holder of copyright. Article 22 The rate of royalties for the use of work in ways as provided in Articles 23, 32 (2), and 39 (3) of the Copyright Law shall be formulated and promulgated by the administrative authority of copyright under the State Council in collaboration with the administrative authority of price affairs under the State Council. Article 23 For the use of other author's work, agreements for permitted use of work shall be concluded with the holder of copyright. Where the permitted use right is an exclusive one, the agreement shall be in writing, however, with the exception of the works published in newspapers and magazines. Article 24 The exclusive use as provided in Article 24 of the Copyright Law shall be subject to the stipulations of agreements. If it is not stipulated or not clearly stipulated in any agreement, it shall be deemed that the party permitted shall have the right to exclude any one including the holder of copyright to use the work in the same ways as he does. Unless it is otherwise stipulated in the contract, the party permitted must obtain the permission of the holder of copyright before permitting any third party to exercise the same right. Article 25 The contracts concluded with the holder of copyright for the exclusive use or transfer of the work may be submitted to the administrative authority of copyright for archivist purposes. Article 26 The term "copyright-related rights" as mentioned in the Copyright Law and the present Regulation mean the right enjoyed by publishers as to the format design of the books and magazines published thereby, the right enjoyed by performers as to their performances, the right enjoyed by producers of audio and video recordings as to their products of audio-video recordings, and the rights enjoyed by radio and television stations as to the programs in their broadcasts. Article 27 The publishers, performers, producers of audio-video recordings, broadcasting and televisions stations shall not, in their exercise of rights, infringe upon the rights of the holder of copyright to the works used and the original work. Article 28 Where it is stipulated in the contract for publishing books that the publisher has the right to publication but such right is not specified in detail, it shall be deemed that the publisher has the exclusive right to publish the original or revised versions of the book in the same languages within the valid term of the contract and within the geographic areas as stipulated in the contract. Article 29 Where two orders of the copyright holder sends to the publisher have not been performed within 6 months, it shall be deemed as the sellout as mentioned in Article 31 of the Copyright Law. Article 30 Where the holder of copyright announces that his work may not be reprinted or compiled in extracts according to Article 32, Paragraph 2 of the Copyright Law, he shall make the announcement in the newspaper or magazine when the work is published. Article 31 Where the holder of copyright announces that no audio recordings may be made to his work as pursuant to Article 39, Paragraph 3 of the Copyright Law, he shall make the announcement when the work is lawfully made into a product of audio recordings. Article 32 According to the provisions of Articles 23, 32 (b), 39 (c) of the Copyright Law, for any use of the work of any other person, payment of royalty shall be made to the holder of copyright within 2 months after the work is used. Article 33 Performances of foreigners and stateless persons within the People's Republic of China shall be subject to the protection of the Copyright Law. The right which a foreigner or stateless person enjoys in his performances according to the international treaties to which China has acceded to shall be subject to the protection of the Copyright Law. Article 34 The audio recordings produced or published by a foreigner or stateless person within the territory of the People's Republic of China shall be subject to the Copyright Law. The rights that a foreigner or stateless person enjoys in the audio recordings he produces or publishes according to the international treaties to which China has acceded to shall be subject to the Copyright Law. Article 35 The rights that a foreign radio broadcasting station or television station enjoys in any of its programs according to the international treaties to which China has acceded to shall be subject to the protection of the Copyright Law. Article 36 For any of the tortious acts as mentioned in Article 47 of the Copyright Law which at the same time injures the social public good, a fine of up to three times the illegal proceeds shall be imposed upon the tort-feasor by the administrative authority of copyright. If it is not easy to calculate the illegal proceeds, a fine of up to 100,000 yuan may be imposed upon the tort-feasor. Article 37 Any tortious act as mentioned in Article 47 of the Copyright Law that injures the social public good at the same time shall be investigated and punished by the administrative authority of copyright under the local people's government. The administrative department of copyright under the State Council may investigate and punish a tortious act of national influence. Article 38 The present Regulation shall enter into force as of September 15, 2002. The Regulation for the Implementation of the Copyright Law of the People's Republic of China which was ratified by the State Council on May 24, 1991 and promulgated by the State Copyright Administration on May 30, 1991 shall be concurrently be repealed.

Provisions on the Administration of Telecommunications Enterprises with Foreign Investment (Chinese and English Text)

The following translation was retrieved from the <a href="https://english.njfiw.gov.cn/article.htm1?id=942">Nanjing City Web site</a> on February 4, 2007. The Chinese text was retrieved from the <A HREF="https://202.99.23.199/page/secondbrw.cbs?rid=2&order=4&result=c%3A%5Ctemp%5Ctbsbase%5CC0448B1%2Etmp&page=allindex&f=&field=&transword=++%B5%E7%D0%C5&dkall=1">Ministry of Justice</A> Web site on March 7, 2006. <HR> Provisions on the Administration of Telecommunications Enterprises with Foreign Investment (05-13 15:13) Article 1 The present Provisions have been formulated according to relevant laws and administrative regulations concerning foreign investment and the Telecommunications Regulation of the People's Republic of China for the purpose of satisfying the demand of opening the telecommunications industry to the outside world and promoting the development of the telecommunications industry. Article 2 A foreign-funded telecom enterprise is one established by foreign investors and Chinese investors within the territory of the People's Republic of China by way of a sino-foreign equity joint venture for engagement in the telecom services. Article 3 Foreign-funded telecom enterprises shall, apart from observing the present Provisions in their telecom business activities, abide by the provisions of the Telecommunications Regulation and other relevant laws and administrative regulations. Article 4 Foreign-funded telecom enterprises may be engaged in the basic telecom services and value-added services, the specific business classifications shall be implemented according to the provisions of the Telecommunications Regulation. The geographical areas in which foreign-funded telecom enterprises may do business shall be provided by the administrative department of the information industry under the State Council according to relevant provisions. Article 5 A foreign-funded telecom enterprise shall meet the following provisions in terms of its registered capital: 1. If the enterprises is engaged in the basic telecom business of the whole country or involving more than 1 province or autonomous region or municipality directly under the Central Government shall have a registered capital of not less than 2 billion yuan; if it is engaged in the value-added telecom businesses, it shall have a registered capital of not less than 10 million yuan; 2. If the enterprise is engaged in the basic telecom business of a province or autonomous region or municipality directly under the Central Government, it shall have a registered capital of not less than 200 million yuan; if it is engaged in the value-added businesses, it shall have a registered capital of not less than 1 million yuan; Article 6 The ultimate proportion of contribution of the foreign investors of a foreign-funded telecom enterprise that is engaged in the basic telecom services (except the radio paging services) shall not be more than 49%. The ultimate proportion of contribution of the foreign investors of a foreign-funded telecom enterprise that is engaged in the value-added services (including the radio paging business in the basic telecom services) shall not be more than 50%. The different proportions of contribution of the Chinese and foreign investors in a foreign-funded telecom enterprise at different stages shall be determined by the administrative department of the information industry under the State Council according to relevant provisions. Article 7 In order to engage in the telecom businesses, a foreign-funded telecom enterprise shall not only meet the conditions as mentioned in Articles 4, 5 and 6 of the present Provisions but also those as provided in the Telecommunications Regulation for engaging in the basic telecom businesses and value-added telecom businesses. Article 8 The major Chinese investor of a foreign-funded telecom enterprise that is engaged in the basic telecom businesses shall meet the conditions as mentioned below: 1. It is a legally established company; 2. It has capitals and a staff that suit its business operations; 3. It satisfies the requirements of the administrative department of the information industry under the State Council for discreet and special industries. The term "major Chinese investor in a foreign-funded telecom enterprise" as mentioned in the preceding paragraph shall be the investor that makes the largest contribution among all the Chinese investors and has a share of over 30% of the total investment made by all the Chinese investors. Article 9 The major foreign investor of a foreign-funded telecom enterprise that is engaged in the basic telecom businesses shall meet the conditions as mentioned below: 1. It has the status of a legal person enterprise; 2. It has obtained a license for engaging in the basic telecom businesses in the country or region where it is registered; 3. It has the capitals and a staff that suit its business operations; 4. It has good performances and operation experiences in the basic telecom businesses. The term "major foreign investor of a foreign-funded telecom enterprise" as mentioned in the preceding paragraph shall refer to one that makes the largest contribution among all the foreign investors and has a share of more than 30% of the total investment made by all the foreign investors. Article 10 The major foreign investor of a foreign-funded telecom enterprise that is engaged in the value-added telecom businesses shall have good performances and operation experiences in managing the value-added telecom businesses. Article 11 To establish a foreign-funded telecom enterprise for engaging in the basic telecom businesses or in value-added telecom businesses within the area of more than 1 province, autonomous region or municipality directly under the Central Government, the major Chinese investor shall file an application to the administrative department of the information industry under the State Council and submit the documents as mentioned below: 1. A project proposal; 2. A feasibility study report; 3. Credentials of qualifications of the investors of the joint venture or other relevant certification documents as mentioned in Article 8, 9 and 10 of the present Provisions: 4. Certificates of meeting other conditions for engaging in the business of the basic telecom businesses or value-added telecom businesses and other certification documents as mentioned in the Telecommunications Regulation. The department of the information industry under the State Council shall examine the relevant documents as mentioned in the preceding paragraph as of the day when the application is received. If the application is for engaging in the basic telecom businesses, the examination shall be completed within 180 days and a decision shall be made concerning whether to approve or disapprove the application; if the application is for engaging the value-added telecom businesses, the examination shall be completed within 90 days and a decision shall be made whether to approve or disapprove the application. If the application is to be approved, an Examination Decision of Foreign Investment in the Telecommunications; if the application is to be disapproved, the applicant shall be inform in writing together with a statement of the reasons. Article 12 To establish a foreign-funded telecom enterprise for engaging in the basic telecom businesses or the value-added telecom businesses within an area of more than 1 province, autonomous region or municipality directly under the Central Government, the major Chinese investor may, when filing an application according to Article 11 of the present Provisions, submit documents other than the feasibility report according to the practical situations and, after being approved and informed in writing by the administrative department of the information industry under the State Council after examination beforehand, then submit a feasibility study report. However, the time period between the day when the applicant is informed in writing of approval and the day when the applicant files a feasibility study report shall not be longer than 1 year, and this time period shall not be included in the time period for examination. Article 13 To establish a foreign-funded telecom enterprise for engaging in the value-added telecom businesses within a province, autonomous region or municipality directly under the Central Government, the major Chinese investor shall file an application to the telecom administrative organ of the provinces, autonomous region or municipality directly under the Central Government concerned together with the documents as mentioned below: 1. A feasibility study report; 2. Credentials of qualifications or certification documents as provided in Article 10 of the present Provisions; 3. Certificates or other certification documents of meeting the other conditions for engaging in the value-added telecom businesses as mentioned in the Telecommunications Regulation. The administrative organ of the provinces, autonomous regions and municipalities directly under the Central Government shall make a decision within 60 days after receiving the application. If application is to be approved, it shall be transferred to the administrative department of the information industry under the State Council; if the application is to be disapproved, the applicant shall be informed in writing together with a statement of the reasons. The administrative department of the information industry under the State Council shall, within 30 days after receiving the decision of approving the application made by the telecom administrative organ of the provinces, autonomous regions and municipalities directly under the Central Government, complete the examination and decide whether to approve or disapprove. If approval is to be granted, an Examination Decision of Foreign Investment in the Telecommunications; if the application is to be disapproved, the applicant shall be inform in writing together with a statement of the reasons. Article 14 The main contents of the project proposal for establishing a foreign-funded telecom enterprise shall include: the titles and basic information of the parties to the joint venture, the total amount of investment and registered capital of the joint venture to be established, the proportion of contributions to be made by the parties concerned, the type of business to be engaged in and the term of the joint venture, etc. The main contents of the feasibility study report for establishing a foreign-funded telecom enterprise shall include: the basic information to the enterprise to be established, the items of services, prediction of business and development planning, analysis of investment results, predicted time for starting business, etc. Article 15 To establish a foreign-funded telecom enterprise, if the investment project shall be subject to the examination and approval of the administrative department of planning under the State Council or the comprehensive administrative department of economy under the State Council as pursuant to the provisions of the State, the administrative department of the information industry under the State Council shall, prior to issuing an Examination Decision of Foreign Investment in the Telecommunications, transfer the application materials to the administrative department of planning under the State Council or the comprehensive administrative department of economy under the State Council for examination and approval. If the application materials are transferred to the administrative department of planning under the State Council or the comprehensive administrative department of economy under the State Council for examination and approval, the time limit for examination and approval as stipulated in Articles 11 and 13 of the present Provisions may be extended for 30 days. Article 16 To establish a foreign-funded telecom enterprise that is to be engaged in the basic telecom businesses or the value-added telecom businesses within an area of more than 1 province, autonomous region or municipality directly under the Central Government, the major Chinese investor shall, on the basis of the Examination Decision of Foreign Investment in the Telecommunications, submit to the administrative department of foreign trade and economic cooperation under the State Council the contracts and articles of association of the foreign-funded telecom enterprise to be established; if the foreign-funded telecom enterprise is to be engaged in the value-added telecom businesses within the area of a province, autonomous region or municipality directly under the Central Government, the major Chinese investor shall, on the basis of the Examination Decision of Foreign Investment in the Telecommunications, submit to the administrative department of foreign trade and economic cooperation of the people's government of the province, autonomous region or municipality directly under the Central Government the contracts and articles of association of the foreign-funded telecom enterprise to be established. The administrative department of foreign trade and economic cooperation under the State Council and the administrative department of foreign trade and economic cooperation of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall, within 90 days after receiving the contracts and articles of association of the foreign-funded telecom enterprise to be established, complete the examination and decide whether to approve or disapprove. If approval is to be granted, an Approval Certificate of Establishing A Foreign-funded Enterprise shall be issued; if disapproval is to be granted, the applicant shall be informed in writing together with a statement of the reason. Article 17 The major Chinese investor of a foreign-funded telecom enterprise shall apply for a License of Telecom Business Operations at the administrative department of the information industry under the State Council on the basis of the Approval Certificate of Establishing A Foreign-funded Enterprise. The major Chinese investor of the foreign-funded telecom enterprise shall apply to the administrative department for industry and commerce for registration as a foreign-funded telecom enterprise on the basis of the Approval Certificate of Establishing A Foreign-funded Enterprise and the License of Telecom Business Operations. Article 18 To engage in cross-border telecom business, a foreign-funded telecom enterprise shall obtain the approval of the administrative department of the information industry under the State Council and does the business through the Entry and Exit Bureau of International Telecommunications established upon the approval of the administrative department of the information industry under the State Council. Article 19 Any one who violates Article 6 of the present Provisions shall be ordered by the administrative department of the information industry under the State Council to make corrections and be fined not less than 100,000 yuan but not more than 500,000 yuan. In case the violator fails to make the corrections within the time limit, the administrative department of the information industry under the State Council shall revoke the License of Telecom Business Operations and the department of foreign trade and economic cooperation that issued the Approval Certificate of Establishing A Foreign-funded Enterprise shall revoke the Approval Certificate of Establishing A Foreign-funded Enterprise. Article 20 Any one who violates Article 18 of the present Provisions shall be ordered by the administrative department of the information industry under the State Council to make corrections and be fined not less than 200,000 yuan but not more than 1 million yuan. In case the violator fails to make the corrections within the time limit, the administrative department of the information industry under the State Council shall revoke the License of Telecom Business Operations and the department of foreign trade and economic cooperation that issued the Approval Certificate of Establishing A Foreign-funded Enterprise shall revoke the Approval Certificate of Establishing A Foreign-funded Enterprise. Article 21 Any one who obtains approval by presenting false or counterfeited credentials or certification materials in its application for establishing a foreign-funded telecom enterprise, the approval shall be invalidated and the violator shall be fined not less than 200,000 yuan but not more than 1 million yuan by the administrative department of the information industry under the State Council, its License of Telecom Business Operations shall be revoked and the department of foreign trade and economic cooperation that issued the Approval Certificate of Establishing A Foreign-funded Enterprise shall revoke the Approval Certificate of Establishing A Foreign-funded Enterprise. Article 22 Any foreign-funded telecom enterprise violates the Telecommunications Regulation and other relevant laws or administrative regulations in its telecom business operations shall be punished by relevant administrative organs. Article 23 Any intra-territorial telecom enterprise that applies for getting listed in overseas stock exchanges shall obtain the consent of the administrative department of the information industry under the State Council after examination and shall obtain the approval of relevant administrative organs according to relevant provisions. Article 24 The present Provisions shall be applicable, by reference, to the companies and enterprises from the Hong Kong and Macao Special Administrative Regions and Taiwan in their investment in the Mainland of China to engage in the telecom businesses. Article 25 The present Provisions shall take effect as of January 1, 2002. Promulgated by The State Council on 2001-12-11

Decision Concerning the Overall Strengthening of the Population and Family Planning Work Plan to Resolve Population Problems (Chinese Text)

The following text was retrieved from the Ministry of Justice <a href="https://www.legalinfo.gov.cn/misc/2007-01/24/content_524003.htm">Web site</a> on March 1, 2007.

Regulations on the Administration of Commercial Franchise Operations (Chinese Text)

The following text was retrieved from the Xinhua Web site on February 15, 2007.