PRC Legal Provisions

Provisions on the Administration of Periodical Publishing (Chinese and English Text)

Regulation on the Administration of Direct Selling

Regulation Prohibiting Pyramid Selling

Public Security Administration Punishment Law of the People's Republic of China

Implementation of the Law on Water Pollution Prevention (2000)

Circular on the Immediate Closure and Rectification of Coal Mines Failing to Meet Safety Standards and Illegally Operating (Partial CECC Translation)

Article 3, paragraph 2: In regard to those who refuse to implement the order to suspend operations during rectification, illegally produce, or impede implementation of official work: their illegal earnings will be confiscated as determined by law, they will be fined, and those directly responsible as well as those involved will be thoroughly investigated. Those involved in criminal acts will be investigated and punished in the judicial system. Those responsible for administering strict production safety measures will conduct background investigations of mining accidents and prosecute those derelict in their duties, government-industry collusion, and corruption. Workers in government offices and employees in state-owned enterprises who hold stocks in mines, accept bribes, publicly or secretly shield and protect mines that circumvent orders to close or cease production to rectify, or contribute to accidents, will be thorough investigated and punished in accordance with the law. Those employees in government offices or state-owned enterprises who have already invested in mining stocks (other than those purchased legally on the open stock market) have one month from the issuance of this circular to withdraw their investments. Those who fail to divest by the deadline will be fined according to the relevant regulations.

Auto Industry Development Policy

Steel Industry Development Policy

Introduction For improving the steel industry's complete technology level; advancing restructuring; improving the industry's overall arrangment; developing a renewable economy; reducing consumption of resources and energy; valuing environmental protection; increasing enterprise comprehensive competitive power; realizing industrial upgrading; making the steel industry's development in amount, quality, and variety fundametally satisfy the national economic and social development requirements; possessing an internationally competitive industry; according to related laws and regulations and domestic and foreign conditions the steel industry is up against, formulating steel industry development policy; and guiding the healthy development of the steel industry. Article 1 According to China's economic and social development requirements and natural resource, energy resources, and environmental protection, the steel industy's capacity to maintain a rational scope and concrete form may in this plan resolve. Steel's comprehensive competitive capacity to achieve an international advanced standard, and to make China become the great country of world steel production and the strong country possessing competitive power. Article 18 Imports of technology and equipment policy: Encourage enterprises to use domestic facilities and technology and reduce imports. For equipment and technology that cannot be made domestically or for which domestic supply is unable to satisfy the requirements and therefore must be introduced from elsewhere, an enterprise should advance pragmatically. Hereafter, large-scale equipment should organize implementation of indigenous production. It is prohibited for enterprises to make use of either domestic or foreign worn-out, backwards, or second hand steel production facilities. Article 23 Building iron-smelting, steelmaking, rolling steel, etc projects, the enterprise must achieve a proportion of 40% or more from equity capital. Constructing a steel project, except for satisfying environmental protection, safety in production and other national legal and regulatory requirements, the enterprise still must possess relatively strong capital capacity, advanced technology and management capabilities as well as perfected market operations and distribution networks, water resources, ore, coal and electric power, transportation and other external conditions should be stable, reliable and fundamentally practicable. Steel enterprises exceeding the regional limits investing in the construction of steel incorporated business enterprise projects, general steel enterprises with prior year steel production must reach 5 million tons or more, special steel enterprises with 500,000 tons or more. Non-steel enterprises investing in steel incorporated business enterprise projects, must possess equity capital strength and a relatively high level of public reliability, must advance the experience and capital of the enterprise's registered capital, have proof of capital and credit furnished by a bank, an accounting office that supplies an outstanding report, and the one meeting the requirements, selected through a bidding process, will be the project's proprietor. A foreign steel enterprise investing in China's steel sector, must possess its own steel intellectual property rights technology, this enterprise's prior year ordinary steel production must reach 10 million tons or more, or high alloy special steel production must reach 1 million tons. Foreign non-steel enterprises investing in China's steel sector must posess strong capital capacity and relatively high public reliability, furnish proof that is issued by a bank and accounting firm of experience and capital and that the enterprise is outstanding. Foreign enterprises' investment in the domestic steel industry must be tied to implementing transformation and relocation of currently available domestic enterprises and not for the creation of new locations. Foreign commercial investment into the domestic steel industry in principle should not permit foreign holding.

Chongqing City Government Notice of Issuance of the City Public Security Bureau "Opinions Related to the Speeding Up of Municipal Urbanization and Steps Regarding the Reform of the Hukou System"

MOFCOM, PSB Notice on Prohibiting Overseas Laborers Leaving China to Work in the Gambling or Sex Industries

Susan, you might be interested in this.

Ministry of Finance and State Administration of Taxation Notice on Restructuring Some Products Export Tax Rebate Rate

Ministry of Finance and State Administration of Taxation Notice on Reducing the Export Tax Rebate Rate for Steel Products

Geographical Indication Product Protection Regulation

People's Bank of China Notice on the Bank Exchange Rate in Spot Foreign Currency Market Deals and Management of Foreign Currency Appointed Banks' Exchange Rate Items

This document was issued by the PBOC but published on the State Administration of Foreign Exchange website.

Regulations on the Administration of Commercial Performances (CECC Partial Translation)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Regulations on the Administration of Commercial Performances" issued by the State Council on March 23, 2005. The Chinese text was retrieved from the <A HREF="https://news.xinhuanet.com/zhengfu/2005-07/20/content_3243851.htm">Xinhua News Agency</A> Web site on March 7, 2006. Article 3. Commercial performances must persist in the direction of serving the people and serving society, place the interests of society first and achieve unification of social effects and economic effects, and enrich the masses' cultural life. . . . Article 5. The department of the State Council responsible for culture shall perform the work of supervising and administering the entire nation's commercial performances. The State Council's public security departments and the industry and commercial executive administration departments shall, within their respective jurisdictions, be responsible for the work of supervising and administering the entire nation's commercial performances. . . . Article 11. Foreign investors may establish performance management agencies and performance venue operating units as sino-foreign investment joint ventures or sino-foreign cooperative joint ventures with Chinese investors in accordance with the law. They may not establish artistic performance groups as sino-foreign investment joint ventures, sino-foreign cooperative joint ventures, or foreign invested businesses, and may not establish performance management agencies or performance venue operating units as foreign invested businesses. . . .

Circular Regarding Promulgation of the "Provisions on the Administration of Radio, Film, and Television System's Local Foreign Affairs Work" (CECC Partial Translation)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the Circular Regarding Promulgation of the "Provisions on the Administration of Radio, Film, and Television System's Local Foreign Affairs Work" issued by the State Administration of Radio, Film and Television on July 6, 2005. The Chinese text was retrieved from the State Administration of Radio, Film and Television <A HREF="https://www.sarft.gov.cn/manage/publishfile/35/3030.html">Web site</A> on July 7, 2005. <HR> Article 2: Radio, film, and television local foreign affairs work shall serve propaganda work, serve the country's general foreign diplomacy, and serve the development of our country's radio, film, and television industry. Article 5: Provincial level radio, film, and television administration agencies shall designate one person as primarily responsible for foreign affairs work, establish necessary mechanisms for the administration of foreign affairs work, appoint a cadre who has good political quality, strong professional capabilities, a grasp of policy, and who strictly observes discipline to be responsible for foreign affairs work. Their foreign affairs work shall be subject to administration, guidance, and supervision by the local provincial level People's Government Foreign Affairs Office and the SARFT Foreign Affairs Department. Article 7: Radio stations and television stations may not lease radio or television channels (frequencies) to foreign agencies, may not cooperate or jointly invest with foreign agencies in the operation of radio or television channels (frequencies), and may not jointly invest or cooperate with foreign agencies to start radio or television regular programs and radio and television live programs. The introduction or broadcast of foreign television programs shall be implemented in accordance with the "<a href="/pages/virtualAcad/index.phpd?showsingle=2975">Broadcast Administration Regulations on the Introduction of Foreign Television Programs</a>" (SARFT Order No. 42). Article 12: The foreign activities of local radio, film, and television program production operation agencies shall be uniformly administered by the provincial level radio, film, and television administration agencies. Article 13: Provincial level radio, film, and television administration agencies and agencies under their jurisdiction shall not, as a general rule, organize inter-jurisdictional radio, film, and television representation groups to go abroad to conduct interviews. If it is absolutely necessary, it must be reported to SARFT for approval, and must undertake approval measures in accordance with relevant regulations. Other inter-jurisdictional radio, film, and television representative groups from agencies or local groups who go abroad to conduct interviews shall first seek approval from SARFT. Provincial level radio, film, and television administration agencies, radio, film, and television groups (main stations), radio stations, television channels, and broadcast television stations may not send their staff to participate in inter-jurisdictional or inter-industry groups to travel abroad to conduct interviews without first having approval from a local People's Government Foreign Affairs Office with authority to examine and approve travel abroad. Article 14: The provincial level People's government shall approve a responsible person from the provincial level radio, film, and television administration agency to lead radio, film, and television groups who go abroad to conduct interviews, and their identity shall be recorded with SARFT. Article 15: Employees of work units under the provincial level radio, film, and television administration agencies or groups (central stations) who are assigned to go abroad to conduct interviews or produce radio or television programs shall, if the material for the program is considered important, sensitive, or on a major subject shall, after being reported by the responsible provincial level radio, film, and television administration agency to the local provincial level People's Government Foreign Affairs Office for approval, be reported to SARFT for approval and, when necessary, be reported to the Ministry of Foreign Affairs for examination and approval. If local radio, film, and television agencies travel abroad to interview international organizations, they must request approval from the Ministry of Foreign Affairs through the local provincial level People's Government Foreign Affairs Office or the SARFT Foreign Affairs Department. Article 16: Any provincial level radio station or television station that invites a foreign ambassador or foreign provincial or ministerial level official to come to their radio station or television station to make a speech or participate in the recording of a program or a live broadcast shall, after being reported by the provincial level radio, film, and television administration agency to the local provincial level People's Government Foreign Affairs Office for examination and verification, be reported to SARFT for approval and, when necessary, be reported to the Ministry of Foreign Affairs for examination and approval. Invitations to other foreign personnel to participate in the aforementioned activities shall be reported by the provincial level radio, film, and television administration agency to the local provincial level People's Government Foreign Affairs Office for examination and approval. Article 17: Any provincial level radio, film, and television administration agency, provincial level radio, film, and television administration agencies or groups (central stations), provincial level radio station, or television station that invites responsible personnel from a foreign radio station or television station to lead a group to visit China to conduct friendly interviews or hold industry trade talks shall, after having reported to the provincial level radio, film, and television administration agency for examination and verification, report to the local provincial level People's Government Foreign Affairs Office for examination and approval, and record this with SARFT. Article 18: Applications for foreign radio and television journalists and other personnel engaged in film and television who come to our country temporarily to conduct interviews shall, after SARFT has received, examined, and verified them, be reported by SARFT to the Ministry of Foreign Affairs for examination and approval. If radio or television interviews are only to be carried out in Guangdong or Shanghai, they shall be reported to the local provincial level People's Government Foreign Affairs Office for examination and approval, and recorded with SARFT.

Measures Regarding Chinese Muslims Registering To Go Abroad on Pilgrimages (Trial) (Chinese Text)

Circular Regarding Calling for Resolutely Strengthening and Improving Radio and Television Public Opinion Supervision Work (CECC Partial Translation)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Circular Regarding Calling for Resolutely Strengthening and Improving Radio and Television Public Opinion Supervision Work" issued by the State Administration of Radio, Film, and Television on May 10, 2005. The Chinese text was retrieved from the www.chinalawedu.com <A HREF="https://www.chinalawedu.com/news/1200/22598/22619/22876/2006/3/cd7686635381313600219584-0.htm">Web site</A> on October 18, 2006. <HR> Article 2. Fully understand important principles and make efforts to improve [radio and television public opinion supervision] work. Radio and television organizations at all levels should correctly carry out public opinion supervision work. Be willing to supervise, be adept at supervision, and strengthen and improve supervision. Public opinion supervision work must uphold the Party's principles, seek truth from facts, and serve the people, socialism, and the overall work of the Party and state. It is also necessary to firmly grasp the correct guidance of public opinion. To serve this purpose, it is necessary to maintain consistency between responsibilities to both the Party and the people, and to pay attention to improving [public opinion supervision] work. Firmly grasp problems that capture the attention of the masses, that the government sees as serious, and that are of universal significance. Promote reform and development, and protect the basic rights of the people. In order to prevent inaccurate reports and overgeneralization, get the facts straight, conduct in-depth investigations and research, and listen to each side's opinion. In order to avoid subjective assumptions and being swayed by emotions, be objective and impartial, convince people through reason, fully consider the complexity of the actual situation, and be good at considering different viewpoints. Pay close attention to the [potential] impact on society, be aware of solving practical problems, and follow the results of how reports are handled. Actively lead, but do not engage in malicious speculation or report on issues that at their current stage are unable to be solved. Abide by news laws and regulations and scrupulously abide by journalism ethics. Seek instruction when uncertain about an issue, and submit for examination and approval manuscripts that involve major or sensitive issues. Issues not suitable for public reporting can be reported through internal channels for feedback. In order to perform radio and television public opinion supervision well, it is currently necessary to improve work in the three following areas: . . . Third, it is necessary to carry out supervision in accordance with the law. Radio and television public opinion supervision work must be carried out within the parameters of the Constitution and other laws. It must not slander the socialist system, violate the Party's line, orientation, or policies, endanger state security, or involve Party or state secrets. Use facts as the basis and law as the measure, and resolutely protect the dignity of the law. Reports on trials must take into account the [potential] impact on society, resolving contradictions in society, and preserving social stability. Do not interfere with the normal functioning of the judiciary, i.e., the judicial organs, the prosecutorial organs, or the public security organs, etc. Do not interfere with judicial organs' ability to handle cases independently according to the law or with mediations relating to civil or commercial disputes. Do not violate the legal rights of the state, groups, or individuals. Do not publicly report on the circumstances of a trial before it is concluded. Strictly adhere to the central government's unified management and relevant demands to properly carry out the propaganda reporting work for trials of major and special cases that receive a great deal of attention and cause strong reverberations throughout society. Promptly seek instruction when uncertain [about reporting]. Radio and television public opinion supervision programs that relate to sensitive areas such as the military, the paramilitary police, nationalities, religion, Hong Kong, Macao, Taiwan, and foreign governments and groups, as well as programs that relate to major emergencies [<I>zhongda tufa shijian</I>], or [events] that may easily trigger mass incidents, must be submitted to the relevant department for approval. Radio and television public opinion supervision work must be carried out through legal channels and in appropriate ways in order to obtain source materials for news. Do not use illegal or immoral methods to carry out interview reports. Do not to engage in hidden filming or taping.