PRC Legal Provisions

Additional Laws and Regulations

Heilongjiang Province People's Congress Standing Committee Decision on Preventing and Stopping Domestic Violence (Chinese Text)

June 20, 2003

The following text was retrieved from the Heilongjiang People's Congress Standing Committee Web site (www.hljrd.gov.cn) on October 19, 2006.

2003 Provisions on Anti-Money Laundering for Financial Institutions (Chinese and English Text)

January 3, 2003

The following <a href="https://www.pbc.gov.cn/english/detail.asp?col=6800&ID=31">translation</a> was retrieved from the People's Bank of China Web site on December 1, 2006. The Chinese text was retrieved from the People's Bank of China Web site on May 5, 2006. <HR> Rules forAnti-money Laundering by Financial Institutions (2003-1-13) Article 1 These rules are formulated in line with the Law of the People's Republic of China on the People's Bank of China and other relevant laws, administrative rules and regulations to combat money laundering by criminals so as to safeguard the healthy operation of the financial industry. Article 2 These rules are applicable to all financial institutions involved in combating money laundering. Financial institutions hereunder refer to institutions legally established and engaged in financial business within the territory of the People's Republic of China, including policy banks, commercial banks, credit cooperatives, postal savings institutions, finance companies, trust and investment companies, financial leasing companies and foreign-funded financial institutions etc. Article 3 Money laundering in these rules refers to any action that legalize the ill-gotten income and yields generated from criminal activities like drug trafficking, gang violence, terrorist act, smuggling or other crimes through various means in which the source and origin of such income and yields are disguised. Article 4 Financial institutions and their employees shall abide by these rules to fulfill their due obligation to combat money laundering activities in real earnest and identify suspicious transactions on a prudent basis, and shall not engage in any unfair competition that may run counter to their anti-money laundering obligations. Article 5 Financial institutions and their employees shall abide by relevant rules and regulations to and refrain from disclosing any information on anti-money laundering activities to their customers and/or other personnel. Article 6 Financial institutions shall assist the judiciary and/or law enforcement departments including the customs and taxation authorities in combating money laundering in accordance to relevant laws and regulations through making inquiry of, freezing or suspending the transfer of suspicious customers' deposits. Overseas branch offices of the Chinese financial institutions shall abide by anti-money laundering laws and regulations of their host countries or regions and provide assistance to departments involved in anti-money laundering operation in these countries or regions. Article 7 The People's Bank of China is the supervisory authority for anti-money laundering operation by financial institutions. The People's Bank of China shall establish a leading group supervising the work of anti-money laundering by the financial institutions, which shall perform the following responsibilities: (1) Supervising and coordinating anti-money laundering activities of financial institutions; (2) Conducting research and formulating strategies, working plans and policies on anti-money laundering for financial institutions, establishing working mechanisms for anti-money laundering operation and reporting system for large-value and/or suspicious renminbi fund transactions; (3) Establishing a monitoring system to scrutinize payment transactions; (4) Working out proper solutions to major difficulties encountered by financial institutions in combating money laundering; (5) Participating in international anti-money laundering cooperation and providing guidance for international exchange in the areas of anti-money laundering by financial institutions; and (6) Other anti-money laundering functions of the People's Bank of China. The Sate Administration of Foreign Exchange is responsible for supervising reporting of large-value and/or suspicious foreign exchange transactions and shall establish a reporting arrangement to monitor such transactions. Article 8 Financial institutions shall establish and improve their internal anti-money laundering mechanisms and report such mechanisms to the People's Bank of China for record as required by the People's Bank of China. Article 9 Financial institutions shall establish or designate relevant internal departments to specialize in anti-money laundering efforts and equip these departments with managers and working staff as needed. Pursuant to concrete needs, financial institutions shall establish relevant departments or designate certain personnel in their branch offices to specialize in anti-money laundering activities, and shall conduct supervision over implementation of these rules and establishment of internal anti-money laundering mechanisms in their branch offices. Effective anti-money laundering measures shall be made when new financial institutions are incorporated or financial institutions set up new branch offices. Article 10 Financial institutions shall establish a customers' identity registry system to verify the identities of customers who process financial business including deposits and settlement with them. Financial institutions shall not be allowed to open anonymous accounts or accounts in obviously fictitious names for their customers, and/or provide financial services including deposits and settlement for customers whose identities are yet to be clarified. Article 11 When opening deposit accounts or providing settlement service for individual customers, financial institutions shall verify the customers' IDs and record the names and ID numbers. If a customer is represented by another person to open personal deposit account with a financial institution, the financial institution shall verify both the representative's and principal's IDs and record the names and ID numbers thereof. Financial institutions shall not open deposit accounts for customers who decline to show IDs or do not use names appeared in their IDs. Article 12 When opening accounts or providing financial services including deposits and settlement for institutional customers, financial institutions shall abide by relevant rules of the People's Bank of China and ask the customers to show valid documents for verification and recording. Financial institutions shall not provide financial services including deposits and settlement for institutional customers who fail to show valid documents as required by relevant rules. Article 13 Financial institutions shall abide by relevant rules and report to the People's Bank of China and/or the State Administration of Foreign Exchange of any large-value transactions detected in the process of providing financial services to customers. Classification of large-value transactions shall be determined in line with relevant rules made by the People's Bank of China and the State Administration of Foreign Exchange on reporting of fund transactions. Article 14 Financial institutions shall abide by relevant rules and report to the People's Bank of China and/or the State Administration of Foreign Exchange of any suspicious transactions detected in the process of providing financial services to customers. Reporting of suspicious transactions shall be determined in line with relevant rules made by the People's Bank of China and the State Administration of Foreign Exchange on reporting of fund transactions. Article 15 Branch offices of financial institutions shall report large-value and/or suspicious transactions to the local branch offices of the People's Bank of China or the State Administration of Foreign Exchange in line with relevant rules made by the People's Bank of China and the State Administration of Foreign Exchange on procedures of reporting of fund transactions, and at the same time keep their superior units informed of such transactions. Article 16 Financial institutions shall carry out examination and analysis on large-value and/or suspicious transactions, and shall report to the local public security departments if criminal activities are detected. Article 17 Financial institutions shall keep records on account information and transaction records of the customers in accordance with the following prescription: (1) Records of account information shall be kept for five years at minimum from the date of closing the account; (2) Transaction records shall be kept for five years at minimum from the date of booking the transaction. Transaction records in item (2) include information on the ownership of the account, amount of deposit or withdrawal effected through the account, time of transaction, source and destination of funds and the means of fund transfer etc. Account information and transaction records shall be kept in line with relevant state rules on management of accounting files. Article 18 The People's Bank of China or the State Administration of Foreign Exchange shall hand over the report and other related materials on large-value and/or suspicious transactions submitted by financial institutions to the judiciary departments in accordance with procedures laid by the Rules for Administrative Departments in Transferring Suspected Criminal Cases if criminal activities are suspected after conducting review of such report and related materials, and shall not disclose contents of the report to the customers of the financial institutions and other people. Article 19 The People's Bank of China shall provide guidance and organize training activities on the subject of anti-money laundering for financial institutions. Financial institutions shall launch anti-money laundering publicity among their customers and provide training for their staff on anti-money laundering so as to familiarize them with laws, administrative rule and regulations on anti-money laundering and strengthen their competence in combating money laundering activities. Article 20 The People's Bank of China shall issue a warning to and order a financial institution committing any of the following irregularities in violation of these rules to take remedial actions within a specified period of time, and if the financial institution fails to make corrections within the specified period of time, a fine of no more than RMB30,000 yuan may be imposed and its senior executives immediately accountable for such misconduct may be disqualified from holding any positions in the financial industry if the circumstances are serious: (1) failing to establish an internal anti-money laundering mechanism as required; (2) failing to establish or designate relevant departments to specialize in anti-money laundering efforts as required; (3) failing to ask institutional customers to show valid documents and other related materials for verification and recording as required; (4) failing to keep account information and transaction records of customers as required; (5) leaking anti-money laundering information to customers and other people in violation of rules; or (6) failing to report to the authorities of large-value and/or suspicious transactions as required. Article 21 When a financial institution engaged in foreign exchange operation fails to report on a timely basis to authorities of abnormal foreign exchange transactions such as purchase of foreign exchange in large value and/or high frequency and move of large amount of foreign currency cash in and out of account, it shall be penalized in line with Article 25 of the Rules on Penalizing Financial Irregularities. Article 22 Where a financial institution, in violation of relevant laws and administrative rules and regulations, engages in unfair competition which hampers the fulfillment of its anti-money laundering obligation, it shall be penalized in line with relevant provisions of the Rules on Penalizing Financial Irregularities. A disciplinary warning shall be issued for its staff held immediately accountable for such misconduct and the senior executives directly responsible for the misconduct shall be disqualified from holding any positions in the financial industry if the circumstances are serious. Article 23 Where a financial institution opens accounts for customers who have declined to show their personal IDs or use the names appeared in the personal IDs in opening bank accounts, the People's Bank of China shall give it a warning and impose concurrently a fine of not less than RMB1000 yuan but not more than RMB5000 yuan. If the circumstances are serious, its senior executives held immediately accountable for such misconduct shall be disqualified from holding any positions in the financial industry. Article 24 The China's Association of Banks, China's Association of Finance Companies and other self-regulatory organizations in the financial industry may formulate their own anti-money laundering work guidance in line with these rules. Article 25 These rules shall enter into effect on March 1, 2003.

Measures on the Administration of Reporting of Large Value and Suspicious Renminbi Transactions (Chinese Text)

January 3, 2003

The following text was retrieved from the People's Bank of China Web site on May 5, 2006.

Measures on the Administration of Reporting of Large Value and Suspicious Foreign Currency Cash Transactions (Chinese and English Text)

January 3, 2003

The following translation was retrieved from the People's Bank of China Web site on December 1, 2006. The Chinese text was retrieved from the People's Bank of China Web site on May 5, 2006. <HR> Administrative Rules for the Reporting by Financial Institutions of Large-Value and Suspicious Foreign Exchange Transactions Article 1 These Rules are formulated in accordance with Regulations of the People's Republic of China on Foreign Exchange Administration and other regulations in order to monitor large-value and suspicious foreign exchange transactions. Article 2 Financial institutions located in the territory of China that run foreign exchange business (hereinafter referred to as financial institutions) shall report, in accordance with these Rules, to foreign exchange administration authorities large-value and suspicious foreign exchange transactions. Large-value foreign exchange transaction refers to foreign exchange transactions above a specified amount made by transactions parties in any form of settlement through financial institutions. Suspicious foreign exchange transaction refers to foreign exchange transaction with abnormal amount, frequency, source, direction, use or any other such nature. Article 3 State Administration of Foreign Exchange and its branches (hereinafter referred to as SAFE) are responsible for supervising and administering the reporting of large-value and suspicious foreign exchange transactions. Article 4 When opening foreign exchange accounts for customers, financial institutions shall abide by Rules on Using Real Name for Opening Individual Deposit Account and Rules on Administration of Foreign Exchange Account within the Territory of People's Republic of China and shall not open anonymous foreign exchange accounts or accounts in obviously fictitious names for their customers. When processing foreign exchange transactions for customers, financial institutions shall verify information about the customer's real identity, including the name of work unit, name of the legal representative or person-in-charge, ID and its number, supporting documents for account opening, organization registration code, address, registered capital, business scope, size of business operation, average daily transaction volume of the account and in the case of an individual customer, name of the depositor, ID and its number, address, occupation, household income and other information about the customer's family. Article 5 Financial institutions shall record all large-value and suspicious foreign exchange fund transactions and keep the record for a minimum of five years as of the day of transaction. Article 6 Financial institutions shall establish and improve internal anti-money laundering post responsibility system, formulate internal anti-money laundering procedure and, have specified staff record, analyze and report large-value and suspicious foreign exchange transactions. Article 7 Financial institutions shall not disclose to any agency or individual information about large-value and suspicious foreign exchange transactions, unless otherwise provided for by laws. Article 8 The following foreign exchange transactions constitute large-value foreign exchange transactions: (1) Any single deposit, withdrawal, purchase or sale of foreign exchange cash above US$10,000 or its equivalent, or the accumulated amount of multiple deposit, withdrawal, purchase or sale transactions of foreign exchange within one day above US$10,000 or its equivalent; (2) Foreign exchange non-cash receipt and payment transactions made through transfer, bills, bank card, telephone-banking, internet banking or other electronic transactions or other new financial instruments in which a single transaction volume or accumulated transaction volume within one day exceeding US$100,000 or its equivalent by individual customers, and in the case of corporate customers, a single transaction volume or accumulated transaction volume within one day exceeding US$500,000 or its equivalent. Article 9 The following foreign exchange transactions constitute suspicious foreign exchange cash transactions: (1) Frequent deposit and/or withdrawal of large amount of foreign exchange cash from an individual bankcard or individual deposit account that are apparently not commensurate with the identity of or use of fund by the cardholder or account owner; (2) An individual resident transferring to or withdrawing cash in large amount in a foreign country after depositing large amount of foreign exchange cash in a bankcard in China; (3) Frequent depositing, withdrawal or sale of foreign exchange through an individual foreign exchange cash account below the SAFE validated threshold; (4) Non-resident individual requiring banks to open traveler's check or draft to convert large amount of foreign exchange cash he/she has brought into China in order to take the fund out of China; (5) Frequently depositing large amount of foreign exchange cash in a bankcard held by non-resident individual; (6) Frequent and large-amount fund movement through a corporate foreign exchange account not commensurate with the business activities of the account owner; (7) Regular and large-amount cash deposit into a corporate foreign exchange account without withdrawal of large amount of cash from the said account; (8) An enterprise frequently receiving export proceeds in cash that is apparently not commensurate with the range and size of its business; (9) The RMB fund that an enterprise uses to buy foreign exchange for overseas investment is mostly in cash or has been transferred from a bank account not belonging to the said enterprise; (10) The RMB fund that a foreign-funded enterprise uses to buy foreign exchange for repatriation of profit is mostly in cash or has been transferred from a bank account not belonging to the said enterprise; (11) A foreign-funded enterprise making investment in foreign exchange cash. Article 10 The following foreign exchange transactions constitute suspicious foreign exchange non-cash transactions: (1) Foreign exchange account of an individual resident frequently receiving fund from domestic accounts that are not under the same name; (2) An individual resident frequently receiving large amount of foreign exchange remittance from abroad before remitting the total amount out in the original denomination, or frequently remitting foreign exchange fund of the same denomination that is transferred from abroad in large amount; (3) Non-resident individual frequently receiving remittance in large amount from abroad, especially from countries (regions) with serious problems of narcotics production and trafficking; (4) Foreign exchange account of a resident or non-resident individual with a regular pattern of receiving large amount of fund which is withdrawn in several transactions the next day, and then receiving large amount of fund again which is withdrawn in several transactions the next day; (5) An enterprise making frequent and large advance payment for import and commission under trade account below the SAFE validated threshold through its foreign exchange account; (6) An enterprise frequently receiving, through its foreign exchange account, export payment in bills (such as check, draft and promissory note) in large amount; (7) Dormant foreign exchange accounts or foreign exchange accounts usually with no large fund movement suddenly receiving abnormal foreign exchange fund inflow, and the inflow gradually becoming larger in a short period of time; (8) An enterprise having frequent and large amount fund transactions through its foreign exchange account not commensurate with the nature and size of its business operation; (9) The foreign exchange account of an enterprise becoming inactive abruptly following frequent and large amount inflow and outflow of fund; (10) Frequent fund movement through the foreign exchange account of an enterprise in amounts divisible by thousand; (11) Rapid inflow and outflow of fund through the foreign exchange account of an enterprise, the amount of which is big within one day but the outstanding balance of the account is very small or nil; (12) The foreign exchange account of an enterprise remitting abroad the bulk of balance received in multiple small amount electronic transfers, check or draft deposits; (13) A domestic enterprise opening an offshore account in the name of an overseas legal person or natural person, and the said offshore account experiencing regular fund movement; (14) An enterprise remitting fund to many domestic residents through an offshore account and surrendering foreign exchange to banks in the name of donation, the transfer of fund and foreign exchange sales all done by one person or few persons; (15) The annual expatriation of profit by a foreign-funded enterprise exceeding the amount of originally invested equity by a large margin and obviously not commensurate with its business operation; (16) A foreign-funded enterprise rapidly moving the fund abroad in a short period of time after receiving the investment, which is not commensurate with the payment demand of its business operation; (17) Offsetting deposit and loan transactions with affiliates or connected companies of financial institutions located in regions with serious smuggling, drug trafficking or terrorist activities or other crimes; (18) Securities institutions ordering banks to transfer foreign exchange fund not for the purpose of securities dealing or settlement; (19) Securities institutions that engages in B share trading business frequently borrowing large amount of foreign exchange fund through banks; and (20) Insurance institutions frequently making compensation payment in large amount to or discharging insurance in large amount for the same overseas policy holder through banks. Article 11 Financial institutions shall report the large-value or suspicious foreign exchange fund transactions as defined by Articles 8, 9 and 10 monthly in hard copy as well as in electronic copy. Article 12 Financial institutions shall examine the following foreign exchange cash transactions and report promptly any discovery of suspected money laundering in hard copy with relevant documents attached. (1) Amount of expenditure of foreign exchange account roughly tallying with the amount of deposit in the previous day; (2) Depositing foreign exchange or renminbi cash in many transactions in the foreign exchange deposit accounts of other individuals and receiving at the same time renminbi or foreign exchange of equivalent amount; (3) An enterprise frequently purchasing foreign exchange with renminbi cash. Article 13 Financial institutions shall conduct verification over the following non-cash foreign exchange transactions, and shall promptly report any discovering of suspected money laundering activity and attach related files to the superior authorities: (1) An individual resident frequently switching from one denomination to another when conducting foreign exchange transactions apparently with no profit-seeking purpose; (2) An individual resident asking a bank to issue traveler's check or draft after frequently receiving foreign exchange remittance from abroad; (3) A non-resident individual frequently ordering traveler's check or cashing traveler's check or draft in large amount through foreign exchange account; (4) When opening foreign exchange account, an enterprise declining to provide supporting documents or general information on different occasions; (5) An enterprise group making internal foreign exchange fund transfer exceeding the volume of actual business operation; (6) An enterprise providing incomplete documents when surrendering to or purchasing foreign exchange from a bank, or the amount of buying or selling suddenly expanding, selling and buying becoming more frequent, or the amount of foreign exchange sold to the bank apparently exceeding the normal level of its business operation; (7) When entering an item of export revenue into an account in a bank, an enterprise failing to provide valid documents but frequently collecting foreign exchange sales statement (for verification purpose), or rejecting to provide valid documents but frequently collecting foreign exchange sales statement (for verification purpose); (8) An enterprise frequently receiving foreign exchange, making foreign exchange payment or frequently selling foreign exchange to banks, all in large amount, for the purpose of donation, advertising, sponsoring conference or exhibition, which is apparently not commensurate with its range of business; (9) An enterprise frequently receiving foreign exchange, making foreign exchange payment, or frequently selling foreign exchange to banks, all in large amount, for the purchase of buying or selling technology or trade mark right or other intangible assets, which is apparently not commensurate with its range of business; (10) Freight, premium and commission paid by an enterprise apparently not commensurate with its import and export trade; (11) An enterprise often depositing traveler's check or foreign exchange draft, especially those issued abroad and not commensurate with its business operation; (12) An enterprise suddenly paying its overdue foreign exchange loan in full with fund whose source is unspecified or not commensurate with the background of the said enterprise; (13) An enterprise applying for a loan guaranteed by assets or credit belonging to itself or a third party, the source of which is unspecified or not commensurate with the background of the customer; (14) Raising fund abroad through letter of credit with no foreign trade background or other means; (15) An enterprise knowingly conducting loss-making sales or purchase of foreign exchange; (16) An enterprise seeking to conduct a swap between the local currency and foreign currency for a fund whose source and use is unspecified; (17) The capital invested by the foreign partner of a foreign-funded enterprise exceeding the approved amount or direct external borrowing of a foreign-funded enterprise being remitted from a third country where there is no connected enterprise; (18) Local currency fund converted from capital invested by the foreign partner of a foreign-funded enterprise or external borrowing being diverted to bank accounts for securities and other investment, which is not commensurate with its business operation; (19) Fund movement in and out of the foreign exchange cash account of an financial institution apparently not commensurate with the size of the deposit in the account, or the fluctuation of fund movement apparently exceeding the change in the size of deposit; (20) Fund movement of the internal foreign exchange transaction accounts of a financial institution apparently not commensurate with its daily business operation; (21) Fund movement of the inter-bank foreign exchange transaction account, onshore and offshore business transaction account, or account for transactions with overseas affiliates apparently not commensurate with the daily business operation of the financial institution; (22) Foreign exchange credit or settlement between a financial institution and its connected enterprises fluctuating by a large margin within a short period of time; (23) A financial institution buying an insurance policy with large value foreign currency cash; and (24) Any foreign exchange fund transaction being suspected with proper reasons by the staff of a bank or other financial institutions as money laundering. Article 14 Tier-one branches located in provincial capital, capital of autonomous region and municipality directly under the central government of a financial institution shall act as the major reporting unit and the head office of the financial institution shall designate a major reporting unit if there is no such branch in these places. Sub-branches and offices of a financial institution shall report, within the first five work days of every month, large-value and suspicious foreign exchange fund transactions of the preceding month through their superior office to the major reporting unit and at the same time to the local branch office of SAFE. Each major reporting unit shall summarize large-value and suspicious foreign exchange fund transactions that take place in the province, autonomous region or municipality directly under central government in the preceding month and report, within the first 15 work days of every month, to the local branch office of SAFE. The head office of each financial institution shall report, within the first five days of every month, large-value and suspicious foreign exchange fund transactions that take place within the head office in the preceding month to the local branch office of SAFE. Article 15 When a financial institution discovers suspected crime during the examination and analysis of large-value and suspicious foreign exchange fund transactions, it shall report to the local public security authority and local SAFE office within three work days as of the day of discovery. Article 16 SAFE branch offices in every province, autonomous region, and municipality directly under the central government shall summarize large-value and suspicious foreign exchange fund transactions reported by financial institutes and report to SAFE head office within the first 20 work days of every month; when a foreign exchange transaction is suspected as crime, the case shall be transferred promptly to local public security authority and to the SAFE head office. Article 17 In the case of any of the following misconduct by a financial institution, the SAFE shall issue a warning, order the financial institution to take remedial action, and impose a fine between RMB10,000 yuan to RMB30,000 yuan. (1) Failing to report, according to relevant rules and regulations, large-value or suspicious foreign exchange fund transactions; (2) Failing to keep large-value or suspicious foreign exchange transactions in record as stipulated by relevant rules and regulations; (3) Disclosing large-value or suspicious foreign exchange fund transactions in violation of relevant rules and regulations; and (4) Opening foreign exchange account without examining account-opening document. Article 18 When a financial institution opens a foreign exchange account for an individual customer without examining account-opening documents, the SAFE shall issue a warning, order it to take remedial action and may impose a fine between RMB1,000 yuan and RMB5,000 yuan. Article 19 When a financial institution brings about grave loss as a result of its serious violation of these Rules, the SAFE may cease or revoke its approval for foreign exchange purchase and sales business in part or in full. Article 20 Disciplinary penalty shall be imposed on the staff of a financial institution who provides assistance to money-laundering activities; when the misconduct constitutes a violation of the criminal law, the case shall be transferred to judiciary authorities. Article 21 "Frequent" in these Rules means foreign exchange fund transactions occurring at least three times each day or occurring daily for at least five days in a row. "Large amount" in these Rules refers to amount close to the threshold amount for reporting as a large-value foreign exchange transaction. "A short period of time" in these Rules means within 10 business days. When "above", "between" and "up to" are used to indicate a threshold number, a floor or a ceiling, the number that ensues any of them is also included. Article 22 These Rules shall enter into effect as of March 1, 2003.

Regulations on the Administration of Internet Access Service Business Establishments (Chinese and English Text)

September 29, 2002

The following translation was retrieved from the <a href="https://english.njfiw.gov.cn/article.htm1?id=935">Nanjing City Web site</a> on February 4, 2007. The Chinese text was retrieved from the <A HREF="https://www.isc.org.cn/20020417/ca102648.htm">Internet Society of China</A> Web site on March 7, 2006. <HR> Regulations on the Administration of Business Sites of Internet Access Services (05-13 14:58) Order [2002] No.363 of the State Council September 29, 2002 Chapter 1 General Provisions Article 1 The present Regulations have been formulated to strengthen the administration of business sites of Internet access services, to regulate the business actions of the operators, to safeguard the legal rights and interests of the public and the operators, to guarantee the healthy development of the business activities of Internet access services and to promote the building of socialist spiritual civilization. Article 2 Business sites of Internet access services in these Measures shall mean the sites of a profit-making nature, such as network bars, computer lounges etc, which provide the public with Internet access services through computer and other equipment. The sites that are affiliated to schools and libraries and that provide certain objects with Internet access services for obtaining the materials and information shall not be governed by the present Regulations, but shall conform to the relevant laws and regulations. Article 3 The operating entities of business sites of Internet access services (hereinafter referred to as operating entities) shall abide by the relevant laws and regulations, enhance the industrial self-discipline, voluntarily accept the supervision and administration by the relevant governmental departments in accordance with law and provide good services to the Internet users. The Internet users in the business sites of Internet access services shall abide by the relevant laws and regulations, comply with social ethics, and access to the Internet in a civilized and healthy way. Article 4 The departments of cultural administration of the people's governments at or above the county level shall be in charge of the examination and approval of the establishment of operating entities, and shall be in charge of the supervision and administration of the business activities of those operating entities established pursuant to law; the departments of public security shall be in charge of the supervision and administration of the security of information and networks, public security and fire control of the operating entities; the departments of industry and commerce administration shall be in charge of the registration and the management of business licenses of the operating entities, and shall investigate and punish the unlicensed business activities pursuant to law; the departments of telecommunication administration and other relevant departments shall, within their respective scope of duties, supervise and administer the operating entities in accordance with the present Regulations, and the relevant laws and administrative regulations. Article 5 The personnel of the departments of cultural administration, public security, industry and commerce administration and other relevant departments may not engage in any business activities of Internet access services or do so in a disguised form, neither may they participate in any business activities conducted by the operating entities or do so in a disguised form. Article 6 The state encourages the citizens, legal persons and other organizations to supervise the business activities of the operating entities, and will reward those with outstanding contributions. Chapter 2 Establishment Article 7 The state applies a permission system with respect to the operating entities. Without permission, no organization or individual may establish any business site of Internet access services or engage in any business activities of Internet access services. Article 8 To establish an operating entity, one shall employ the organizational form of enterprise and meet the following conditions: (1) Having the name, domicile, organizational structures and articles of association of an enterprise; (2) Having the funds that match its business activities; (3) Having the business sites that match its business activities and in conformity with the conditions for fire control provided for by the state; (4) Having a sound and perfect management system for security of information and networks and the corresponding technical measures for security; (5) Having fixed net addresses, and computers and subsidiary equipment that match its business activities; (6) Having the personnel for operation and management, for security management and the technical professionals that match its business activities and having obtained the practicing qualifications; (7) Other conditions provided for by laws, administrative regulations and the relevant departments under the State Council. The minimum area for business operations, the quantities of computers and subsidiary equipment, and the standard for the area of a single seat in the business sites of Internet access services shall be provided for by the department of cultural administration under the State Council. In the examination and approval of operating entities, apart from the conditions provided for in Paragraphs 1 and 2 of this Article, the total number of operating entities and the requirements for their layout provided for by the department of cultural administration under the State Council and the departments of cultural administration of the people's governments of the provinces, autonomous regions and municipalities directly under the central government shall also be met. Article 9 No business site of Internet access services may be set up within 200 meters around the campus of any secondary or elementary schools or in any residential buildings (yards). Article 10 To establish an operating entity, one shall file an application with the department of cultural administration of the local people's governments at or above the county level, and shall submit the following documents: (1) Notice of the approval-in-advance of the enterprise name and the articles of association; (2) Identification certifications of the legal representatives or the major principals; (3) Credit certifications; (4) Title certifications or the letter of intent on lease of the business sites; (5) Other documents need to be submitted pursuant to law. Article 11 The department of cultural administration shall make the decision within 20 workdays from the day of receipt of the application for establishment; and issue the documents of approval for preparation to those that meet the conditions after examination. After finishing the preparation, an applicant shall, by taking with it the documents of approval for preparation, apply for the examination of security of information and networks and fire control security with the department of public security at the corresponding level. The department of public security shall make the decision within 20 workdays from the day of receipt of the application; and shall issue the documents of approval if the applicant passes the examination of spot inspection. The applicant shall, by taking with it the documents of approval produced by the departments of public security, apply for the final examination with the department of cultural administration, which shall make the decision within 15 workdays from the day of receipt of the application pursuant to Article 8 of the present Regulations; and issue the Permit for Network Cultural Business Operations to those passing the examination of spot inspection. If the department of cultural administration finds out that an application fails to meet the conditions, or the department of public security finds out the application is unqualified, they shall respectively explain the reasons to the applicant by written form. The applicant may not start its business before it, by taking with it the Permit for Network Cultural Business Operations, applies for registration with the department of industry and commerce administration and draws the business license according to law. Article 12 An operating entity may not alter, lease, lend or assign through other forms the Permit for Network Cultural Business Operations. Article 13 If an operating entity is to change the address of a business site or to rebuild or expand a business site, to change the number of computers or other important matters, it shall obtain the consent of the original organ of examination. If an operating entity is to change its name, domicile, legal representative or major principal, registered capital, net address or to terminate the business activities, it shall make the alteration registration or written-off registration with the department of industry and commerce administration pursuant to law, and shall go through the relevant formalities or put that on record with the departments of cultural administration and public security. Chapter 3 Business Operations Article 14 Neither an operating entity nor an Internet user shall make use of a business site of Internet Access Services to produce, download, reproduce, consult, promulgate, spread or use through other forms the information containing any of the following contents: (1) Opposing the basic principles set up by the Constitution; (2) Endangering the unification, sovereignty and territorial integrity of the state; (3) Divulging state secrets, endangering state security or humiliating the national honor or damaging the interests of the state; (4) Inciting national enmity or discrimination, undermining solidarity of nationalities, or infringing upon the customs and habits of the nationalities; (5) Destroying State policies on religions, or spreading cults or superstitions; (6) Disseminating rumors, disturbing public order, or destroying social stability; (7) Disseminating obscenity, gambling, violence, or instigating others to commit crimes; (8) Humiliating or defaming others, or infringing upon the legitimate rights and interests of others; (9) Harming the social ethics or the excellent cultural traditions of the nationalities; (10) Other contents prohibited by laws or administrative regulations. Article 15 Neither an operating entity nor an Internet user shall conduct any of the following acts that endanger the security of information or networks: (1) Internationally producing or spreading computer virus and other destructive programs; (2) Illegally intruding into a computer information system or destroying the functions, data or applications of a computer information system; (3) Other activities prohibited by laws or administrative regulations. Article 16 An operating entity shall link to the Internet through the Internet service provider that has acquired the business permit pursuant to law, and no other method shall be used to link to the Internet. The computers provided by an operating entity to the Internet users to use must be linked to the Internet through local area network, and may not be linked to the Internet directly. Article 17 An operating entity may not operate any non-net games. Article 18 Neither an operating entity nor an Internet user may make use of the net games or other methods to gamble or gamble in a disguised form. Article 19 An operating entity shall use technical measures for its management, establish the system of in-house patrol, and if finding out any act listed in Articles 14, 15, 18 of the present Regulations or other illegal acts by the Internet users, stop such acts immediately and report to the departments of cultural administration and public security. Article 20 An operating entity shall hang the Permit for Network Cultural Business Operations and the business license up at an eye-catching position at the business site. Article 21 An operating entity may not accept any minors to enter its business site. An operating entity shall hang up a sign prohibiting minors from entering at an eye-catching position at the entrance of its business site. Article 22 The business hours of an operating entity shall be limited to 8:00 to 24:00 in a day. Article 23 An operating entity shall verify and register the identification cards or other valid certificates of the Internet users, and shall record the relevant net information. The registration and records reserved shall be kept for at least 60 days, and shall be provided when the departments of culture administration or public security consult them pursuant to law. The registration and records reserved may not be modified or deleted during the period of keeping. Article 24 An operating entity shall perform its duties with respect to the security of information and networks, the public security and the fire control, and shall observe the following provisions: (1) To prohibit lighting by fire or smoking, and hang the signs of no smoking; (2) To prohibit carrying in and keeping inflammable and explosive articles; (3) Not to install fixed and closed doors, windows or fences; (4) To prohibit blocking or locking the doors and windows, the protected channels for evacuation or the safety exits; (5) Not to stop using safety technical measures without permission. Chapter 4 Rules for Punishment Article 25 If any department of cultural administration, public security, industry and commerce administration or other relevant departments and the personnel thereof take advantage of their posts to accept property or other benefits from others and illegally approve any operating entity that fails to meet the legal conditions for establishment, or fail to perform their supervisory duties pursuant to law, or fail to investigate and punish the illegal acts found out, and thus violate the criminal law, the directly responsible personnel in charge and other directly responsible personnel shall be prosecuted for criminal responsibilities according to the provisions of the criminal law on the crimes of accepting bribes, abusing powers, neglecting duties or other crimes; those whose circumstances are not serious enough for criminal punishment shall be given the administrative sanctions of demotion, removal or dismiss. Article 26 If the personnel of the departments of cultural administration, public security, industry and commerce administration or other relevant departments engage in the business activities of Internet access services or do so in a disguised form, participate in the business activities conducted by the operating entities or do so in a disguised form, they shall be given the administrative sanctions of demotion, removal or dismiss. If the departments of cultural administration, public security, industry and commerce administration or other relevant departments conduct any of the acts listed in the preceding paragraph, the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions pursuant to law. Article 27 If anyone, in violation of the present Regulations, establishes a business site of Internet access services without permission, or engages in the business activities of Internet access services without permission, the department of industry and commerce administration shall, or together with the departments of public security, ban the offender, close down the site of illegal business activities, seize the special tools and equipment for illegal business activities; and the criminal responsibilities of those violating the criminal law shall be prosecuted; for those whose circumstances are not serious enough for criminal punishment, the department of industry and commerce administration shall confiscate their illegal gains and the special tools and equipment used in the illegal business activities; if the illegal business income is more than 10,000 yuan, a fine of more than 5 times but less than 10 times of the illegal business income shall be imposed on the offender concurrently; if the illegal business income is less than 10,000 yuan, a fine of more than 10,000 yuan but less than 50,000 yuan shall be imposed on the offender concurrently. Article 28 If an operating entity, in violation of the present Regulations, alters, leases, lends or assigns through other forms the Permit for Network Cultural Business Operations and violates the criminal law, it shall be prosecuted for criminal responsibilities pursuant to the provisions of the criminal law on the crimes of forging, altering or trading official documents, credentials and seals of the state organs; for those whose circumstances are not serious enough for criminal punishment, the department of cultural administration shall revoke their Permit for Network Cultural Business Operations and confiscate the illegal gains; if the illegal business income is more than 5,000 yuan, a fine of more than 2 times but less than 5 times of the illegal business income shall be imposed on the offender concurrently; if the illegal business income is less than 5,000 yuan, a fine of more than 5,000 yuan but less than 10,000 yuan shall be imposed on the offender concurrently. Article 29 If an operating entity, in violation of the present Regulations, makes use of the business site to produce, download, reproduce, consult, promulgate, spread or use through other forms the information containing the contents prohibited as provided for by Article 14 and violates the criminal law, it shall be prosecuted for criminal responsibilities; for those whose circumstances are not serious enough for criminal punishment, the organs of public security shall give a warning and confiscate the illegal gains; if the illegal business income is more than 10,000 yuan, a fine of more than 2 times but less than 5 times of the illegal business income shall be imposed on the offender concurrently; if the illegal business income is less than 10,000 yuan, a fine of more than 10,000 yuan but less than 20,000 yuan shall be imposed on the offender concurrently; if the circumstances are serious, the offender shall be ordered to stop the business for rectification, or even be deprived of its Permit for Network Cultural Business Operations by the department of cultural administration. An Internet user who commits any of the illegal acts listed in the preceding paragraph and violates the criminal law shall be prosecuted for criminal responsibilities pursuant to law; those whose circumstances are not serious enough for criminal punishment may be given punishments by the department of public security pursuant to the regulations on administrative punishments concerning public security. Article 30 If an operating entity, in violation of the present Regulations, commits any of the following acts, the department of cultural administration shall give it a warning and may impose on it a fine of less than 15,000 yuan concurrently; if the circumstances are serious, the offender shall be ordered to stop the business for rectification or even be deprived of its Permit for Network Cultural Business Operations: (1) Running business during the period other than the prescribed business hours; (2) Accepting minors to enter the business site; (3) Operating non-net games; (4) Stopping using technical measures for management without permission; (5) Failing to hang the Permit for Network Cultural Business Operations or the signs prohibiting minors from entering. Article 31 An operating entity that, in violation of the present Regulations, commits any of the following acts shall be given a warning by the department of cultural administration or public security pursuant to their respective authorities, and may be imposed on a fine of less than 15,000 yuan concurrently; if the circumstances are serious, the offender shall be ordered to stop its business for rectification and even be deprived of its Permit for Network Cultural Business Operations by the department of cultural administration: (1) Failing to link the computers provided to the Internet users to use to the Internet through local area network; (2) Failing to establish the system of in-house patrol, or failing to stop and report the illegal acts of Internet users to the departments of cultural administration and public security; (3) Failing to verify and register the valid identification certificates or record the relevant Internet access information of the Internet users; (4) Failing to keep the registrations and records for the prescribed period, or modifying, deleting the registrations or records within the period of keeping; (5) Failing to go through the relevant formalities or put on record with the departments of cultural administration and public security when altering the name, domicile, legal representative or major principal, registered capital, net address or termination of business activities. Article 32 An operating entity that, in violation of the present Regulations, commits any of the following acts shall be given a warning by the department of public security and may be imposed on a fine of less than 15,000 yuan concurrently; if the circumstances are serious, the offender shall be ordered to stop the business for rectification or even be deprived of the Permit for Network Cultural Business Operations by the department of cultural administration: (1) Lighting by fire or failing to stop the smoker smoking, or failing to hang the signs of no smoking; (2) Allowing the inflammable or explosive articles to be carried in or kept; (3) Installing fixed and closed doors, windows or fences at the business sites; (4) Blocking or locking the doors and windows, protected channels for evacuation or safety exits during the business period; (5) Stopping using the security technical measures. Article 33 Those violating the provisions of the state on the security of information and networks, public security administration, fire control administration, industry and commerce administration, and telecommunication administration and thus violating the criminal law shall be prosecuted for the criminal responsibilities pursuant to law; those whose circumstances are not serious enough for criminal punishments shall be punished by the public security organ, the department of industry and commerce administration and the body of telecommunication administration; those whose circumstances are serious shall be deprived of their permits by the organ originally issued the permits. Article 34 If an operating entity has been given the administrative punishment of revocation of the Permit for Network Cultural Business Operations for violation of the present Regulations, it shall make the alteration registration or written-off registration with the department of industry and commerce administration; if it fails to do so within the prescribed time limit, its business license shall be revoked by the department of industry and commerce administration. Article 35 If an operating entity has been deprived of its Permit for Network Cultural Business Operations for violation of the present Regulations, its legal representative or major principal may not be the legal representative or major principal of any operating entity within 5 years from the day of revocation of the Permit for Network Cultural Business Operations. If an operating entity established without permission has been banned pursuant to law, its major principal may not be the legal representative or major principal of any operating entity within 5 years from the day of the banning. Article 36 With respect to the administrative punishments executed pursuant to the present Regulations, the decision on fine and the collection of fine shall be separated pursuant to the relevant laws and administrative regulations; all the fines collected and the illegal gains confiscated must be handed over to the state treasury. Chapter 5 Supplementary Provisions Article 37 The present Regulations shall enter into force on November 15, 2002. And the Measures for the Administration of Business Sites of Internet Access Services promulgated by the Ministry of Information Industry, the Ministry of Public Security, the Ministry of Culture and the State Administration for Industry and Commerce shall be abolished simultaneously. Promulgated by The State Council on 2002-9-29

[Repealed] CNNIC Implementing Rules of Domain Name Registration (Chinese Text)

September 12, 2002

The following text was retrieved from the Intellectual Property Protection in China Web site on January 27, 2010.

Beijing Municipal Regulation on Religious Affairs (CECC Partial Translation)

July 18, 2002

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Beijing Municipality Regulation on Religious Affairs" adopted by the Beijing Municipality People's Congress Standing Committee on July 18, 2002. The Chinese text was retrieved from the law-lib.com <a href="https://www.law-lib.com/law/law_view.asp?id=41560">Web site</a> on April 5, 2006. Click <a href="https://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=69845">here</a> to access amendments to this regulation. Article 9 Religious organizations can open and operate religious schools in accordance with relevant national and city regulations. To open and operate a religious school, the consent of the city government shall be obtained, and then this shall be reported to the state religious affairs bureau for examination and approval. Religious organizations, religious schools, and venues for religious activities can hold religious training classes in accordance with relevant city and national regulations. To hold religious training classes, the consent of the relevant religious organization shall be received, and then this shall be reported for the record to the city, district, or county religious affairs bureau. Except for the aforementioned two clauses, no other organization or individual may open and operate religious schools or hold religious training classes. Article 14 Those who are confirmed and put on record as religious personnel can lead religious activities within venues for religious activities. Those not confirmed and put on record as religious personnel, or those who have had their status as religious personnel revoked, may not lead religious activities. Article 20 Venues for religious activities shall establish and strengthen management groups and management systems. They shall also accept annual inspections by the district or county religious affairs bureau. Article 25 The consent of the management group of a venue for religious activities and the city, district, or county religious affairs bureau shall be sought [to carry out] such activities as [the following] that fall within the parameters of the management of venues for religious activities: new construction, renovation, and expansion of buildings; establishing business or service facilities; holding displays and exhibitions; and filming movies and television programs. The required procedures also shall be completed at the relevant departments. Article 26 To hold a large-scale religious activity, the consent of the city religious organization shall be obtained. Then, after reporting to and receiving approval from the city, district, or county religious affairs bureau in accordance with city regulations, the relevant procedures are to be completed. Article 34 In accordance with relevant national and city regulations, religious organizations and venues for religious activities can rent out or transfer religious property, or use religious property to undertake other business activities. Article 47 Regarding violations of Article 14, Article 16, and Article 36 of this regulation that fit one of the circumstances provided below, the city, district, or county religious affairs bureau and other relevant departments can order a correction, give a warning, and confiscate illegal gains, as well as assess a fine in the amount between 500 and 5000 yuan. (1) persons who have not been confirmed and put on record as religious personnel, or persons who have had their status as religious personnel revoked, leading religious activities; (2) outside religious personnel leading religious activities in the city or city religious personnel leading religious activities in outside areas without this first being consented to by the city religious organization and reported to the city, district, or county religious affairs bureau for the record; (3) non-religious organizations or venues not for religious activity receiving or using deception to receive donations, <I>niyah</I>, tributes, or other religious contributions. Article 48 Regarding violations of Article 9, Article 18, and Article 27 of this regulation that fit one of the circumstances provided below, the city, district, or county religious affairs bureau and other relevant departments can order a correction, order a ban in accordance with the law, demolish illegal buildings and facilities, and confiscate illegal gains, as well as assess a fine in the amount between 3,000 and 30,000 yuan. (1) opening and running a religious school or holding religious training classes without authorization; (2) establishing a venue for religious activities without authorization; (3) undertaking proselytizing activities outside of venues for religious activities, or establishing religious facilities or erecting religious statues in public places without authorization.

Public Pledge of Self-Regulation and Professional Ethics for China's Internet Industry (Chinese and English Text)

March 27, 2002

The following translation and Chinese text were retrieved from the Internet Society of China Web site on September 16, 2004. <HR> Public Pledge of Self-Regulation and Professional Ethics for China Internet Industry (Revised July 19, 2002) Chapter I General Article 1 This pledge is made in accordance with the basic principle of "to develop vigorously, improve administration, go for its benefits while steering clear of its undesirables and use it to our benefit. in order to establish a self-regulating mechanism for China's Internet Industry, improve the conduct of Internet Industry Participants and promote and ensure the sound development of the Internet Industry consistent with the law. Article 2 The term "Internet Industry" as used herein refers to all the activities related to Internet businesses including operation, application, information, development and production of network products and information resources, scientific research, education and customer services. Article 3 The basic principles of Self-regulation and Professional Ethics for Internet the Industry are being patriotic observance of law, equitableness, trustworthiness and honesty. . Article 4 All Participants are called upon to accede to and actively implement this Pledge on Self-regulation and Professional Ethics and create a favorable environment for the development of Internet businesses consistent with the fundamental interests of the nation and the entire Internet Community. Article 5 The Internet Society of China, is the self-enforcement agency for purposes of this Pledge, and shall be responsible for its implementation. Chapter II Provisions of Self-Regulation and Professional Ethical Conduct Article 6 We pledge that in promoting the development of professional ethics of the Internet sector, the state laws, regulations and policies governing the development and administration of the Internet shall be observed consistent with and to carry forward the rich cultural tradition of the Chinese nation and the moral code of socialist spiritual civilization?] Article 7 We pledge to encourage lawful, equitable and orderly competition and we pledge to oppose unfair competitive practices. Article 8 We pledge to respect the lawful rights and interests of consumers and we shall protect the confidentiality of their information. We pledge not to use the information provided by users for any activity other than those as promised to users, and no technology or any other advantage may be used to infringe upon the lawful rights and interests of the consumers or users. Article 9 We Internet information service providers pledge to abide by the state regulations on Internet information service management conscientiously and shall fulfill the following disciplinary obligations in respect of Internet information service: 1. Refraining from producing, posting or disseminating pernicious information that may jeopardize state security and disrupt social stability, contravene laws and regulations and spread superstition and obscenity. Monitor the information publicized by users on websites according to law and remove the harmful information promptly; 2. Refraining from establishing links to the websites that contain harmful information so as to ensure that the content of the network information is lawful and healthy; 3. Observing laws and regulations concerning intellectual property rights in the course of producing, posting and propagating information on Internet; 4. Encouraging people to use the Internet in an ethical way, to enhance the Internet ethical sense and reject the spread of harmful information on the Internet. 5. If the Internet service provider discovers information which is inconsistent with the law on its website, it will remove it. Article 10 We Internet access service providers pledge to inspect and monitor information on domestic and foreign websites when it provides access to those sites and refuse access to those websites that disseminate harmful information. Article 11 We Operators of Internet access venues pledge to use our best efforts to take effective measures to create a healthy and civilized environment for Internet usage and to assist the users, especially the teenagers to use the Internet in a healthy manner. Article 12 We Producers of Internet information and network products pledge to l respect the intellectual property rights of others and to refrain from producing products that contain harmful information or infringe upon the intellectual property right of others. Article 13 All the Participants who sign this Pledge to work together to prevent malicious "hacking" and introducing damaging computer code and disruptive programs from spreading on the Internet. We pledge to oppose production and dissemination of computer programs that are capable of malicious attack against computer networks and the computer information systems of others and oppose illegal intrusion into and damaging computer information systems of others. Article 14 We pledge to use our best efforts to strengthen communication and collaboration, study and formulate strategies for the development of Internet businesses in China and to encourage policy and legislative recommendations for the establishment, development and management of Internet businesses. Article 15 We pledge to support and encourage effective measures to collaborate in areas such as research, production and service in the Internet Industry and to create a favorable environment for Internet development. Article 16 We pledge to encourage enterprises, research, education and other institutions as well as individuals to develop computer software, hardware and various network products and to protect self-owned intellectual property rights as well as to encourage "open source development" so as to provide strong support to the further development of China's Internet industry. Article 17 We pledge to actively participate in international cooperation and exchanges, involving in the development of international rules and standards for the Internet Industry and to observe the international rules to which China has acceded. Article 18 We pledge to l accept supervision and criticism over the Internet Industry from the public and to jointly resist and correct unethical practices in the Internet Industry. Chapter III Implementation of the Pledge Article 19 The Internet Society of China shall be responsible for organizing the implementation and administering this Pledge, communicating to the member organizations the information related to Internet laws, policies and industry self-regulation, reporting to the competent authority of the government the wishes and requirements of our members, upholding their lawful interests, organizing the implementation of Internet Industry self-regulation and ethical conduct and supervise and inspect the implementation of this Pledge by our members. Article 20 We pledge to abide by and comply with the various self-self regulation and ethical principles embodied in this Pledge. Article 21 In the event that dispute arises among the parties to this Pledge, they shall try to seek solutions to the dispute through consultation according to the principle of mutual understanding and compromise, or they may refer the dispute to the administering agency for mediation, with the purpose of safeguarding the industrial unity and the overall interests of the entire industry and the Internet Community Article 22 If any party to this Pledge violates the provisions of this Pledge, any other party may report the violations to the administrating agency promptly and may require the administering agency investigate. The administering agency may also conduct investigations directly and shall make public the findings of such investigations to all the member organizations. Article 23 Where violations of this Pledge are found to be true by the administering agency and to have a negative impact then the administering agency will l announce its findings to the member organizations. In addition the administering agency may revoke the Participant's membership, in light of specific circumstances. Article 24 All the parties to this Pledge may monitor the fairness and impartiality of the administering agency in implementing this Pledge and may report violations of this Pledge by the agency or its staff to a higher-level department of the agency. Article 25 The administering agency and its member organizations must abide by state laws and regulations in the course of implementing this Pledge. Chapter IV Supplementary provisions Article 26 This Pledge shall become effective after being signed by the legal persons or the representatives of the first group member organizations and each signor shall be made public by Internet Society of China within 30 days after the member's pledge becomes effective. e. Article 27 In the effective period, this Pledge can be amended only when such amendments are proposed by the administering agency or one tenth or above of the member organizations and supported by two thirds or above of the member organizations. Article 28 The Internet Industry Participants of China that accept the self-regulation and Code of Professional and Ethical conduct and the related disciplinary rules can apply for accession to this Pledge; the parties to this Pledge may also secede from this Pledge and shall notify the administering agency of such accordingly; and the executing agency shall publish the list of the members that accede to or secede from this Pledge on periodic basis. Article 29 The member organizations of this Pledge may reach self-regulation and ethical conduct agreements specific to different segments of the Internet industry under the general framework of this Pledge and may publish for implementation such agreements as attachments to this Pledge with the agreement of its member organizations. Article 30 The right of interpretation of this Pledge lies with Internet Society of China. Article 31 This Pledge shall be implemented as of the date of its promulgation.

Implementing Measures for the Maternal and Infant Healthcare Law of the People's Republic of China (Chinese and English Text)

June 20, 2001

<hr> Measures for Implementation of the Law of the People's Republic of China on Maternal and Infant Care (Promulgated by Decree No.308 of the State Council of the People's Republic of China on June 20, 2001, and effective as of the date of promulgation) Chapter I General Provisions   Article 1These Measures are formulated in accordance with the Law of the People's Republic of China on Maternal and Infant Health Care (hereinafter referred to as the Law on Maternal and Infant Health Care).   Article 2Institutions engaged in maternal and infant health care services within the territory of the People's Republic of China and their staff shall observe the Law on Maternal and Infant Health Care and these Measures.   The family planning technical services performed by institutions engaged in family planning technical services are governed by the Regulations on Administration of Technical Services for Family Planning.   Article 3Technical services for maternal and infant health care mainly include the following items:   (1) popular science dissemination, education and consultation on maternal and infant health care;   (2) pre-marital medical examination;   (3) prenatal diagnosis and genetic disease diagnosis;   (4) skills of midwifery;   (5) performance of birth control surgery according to medical needs;   (6) disease screening for newborn babies;   (7) other reproductive health care services on childbearing, birth control and infertility.   Article 4Citizens have the right to learn the truth of and to choose maternal and infant health care. The State guarantees its citizens' right to gain access to appropriate maternal and infant health care services.   Article 5Maternal and infant health care shall focus on health care for the purpose of safeguarding reproductive health, and implement the policy of combining health care with clinic treatments, meeting the needs of various groups and the needs of citizens at the grass-roots level, and giving priority to prevention.   Article 6People's governments at various levels shall include maternal and infant health care into their plans for economic and social development, provide necessary economic, technical and material conditions for the development of maternal and infant health care, and give special support to the maternal and infant health care in areas inhabited by national minorities and in poverty-stricken areas.   People's governments at or above the county level may, in the light of the particular conditions and needs of their respective localities, set up special fund for development of maternal and infant health care.   Article 7The administrative department of public health under the State Council takes charge of the work of maternal and infant health care throughout the country, and performs the following duties:   (1) to formulate supporting rules and technical norms for the Law on Maternal and Infant Health Care and these Measures;   (2) to formulate national development plan and implementing procedures for the maternal and infant health care on the principal of guiding the work in the light of the particular conditions of different areas and different administrative levels;   (3) to organize the popularization of appropriate technologies for maternal and infant health care and other reproductive health services;   (4) to exercise supervision over the work of maternal and infant health care.   Article 8Departments of finance, public security, civil affairs, education, labor security and family planning of people's governments at or above county level shall, within the scope of their respective duties, coordinate efforts with the administrative departments of public health at the same levels in the work of maternal and infant health care. Chapter II Pre-marital Health Care   Article 9The pre-marital health instructions as referred to in article 7 of the Law on Maternal and Infant Health Care include the following items:   (1) health care and education on sexual hygiene;   (2) contraception and family planning instructions for newly-married couples;   (3) pre-conception health care knowledge such as preparation for pregnancy and the influence of environment and diseases on offspring;   (4) basic knowledge on genetic diseases;   (5) basic knowledge on diseases affecting marriage and childbearing;   (6) other knowledge on reproductive health.   Doctors shall, when conducting pre-marital health consultations, provide scientific information to their clients, give instructions on possible consequences and offer appropriate advice.   Article 10In regions operating a system of pre-marital medical examination, both the male and the female planning to get married shall, before marriage registration, undergo pre-marital medical examination in medical and health care institutions.   Article 11Medical and health care institutions conducting pre-marital medical examinations are subject to the examination of the administrative departments of public health of the people's governments of the cities divided into districts where such institutions are located; those medical and health care institutions meeting the requirements shall be given a clear indication on the Practicing License of the Medical Institution.   Article 12Medical and health care institutions applying for conducting pre-marital medical examination shall meet the following conditions:   (1) having separate examination rooms for male and female, and fitted with equipment for routine and special examinations;   (2) having a room for pre-marital reproductive health publicity and education;   (3) being staffed with licensed doctors qualified for pre-marital medical examination for male and female.   Article 13A pre-marital medical examination includes inquiry on medical history, physical examination and other relevant examinations.   Pre-marital medical examination shall conform to the work norms for pre-marital health care, and be conducted in accordance with the items of pre-marital medical examination. The work norms of pre-marital health care and the items of pre-marital medical examination shall be provided by the administrative department of public health under the State Council.   Article 14After pre-marital medical examination, medical and health care institutions shall issue a pre-marital medical examination certificate to the persons who have undergone such examination.   The pre-marital medical examination certificate shall state whether the following diseases are detected:   (1) designated infectious diseases in the infectious period;   (2) relevant mental diseases in the morbid period;   (3) serious genetic diseases inappropriate for childbearing;   (4) other diseases that are medically considered inappropriate for marriage.   Doctors shall, upon detection of the diseases referred to in the item (1), (2) or (3) of the preceding paragraph, explain the situation to the parties concerned, give advice on the prevention and treatment of such diseases, and propose corresponding medical measures. The parties concerned may, in accordance with the medical advice of doctors, postpone the marriage or voluntarily take long-acting contraceptive measures or undergo ligature operations; the medical and health care institutions shall provide medical consultations and services for them.   Article 15Where a medical and health care institution, after pre-marital medical examination, fails to make a definite diagnosis, the case shall be transferred to a medical and health care institution designated by the administrative department of public health under the people's government at or above the level of city divided into districts for a definite diagnosis.   Article 16In regions operating a system of pre-marital medical examination, the marriage registration organ shall, when handling marriage registration, examine the pre-marital medical examination certificate or the certificate of medical appraisement set forth in Article 11 of the Law on Maternal and Infant Health Care. Chapter III Health Care During Pregnant and Perinatal Period   Article 17Medical and health care institutions shall provide consultation and medical health care services on contraception, birth control, childbearing, infertility, and reproductive health to women in their childbearing age.   Where a doctor detects or suspects that a married couple in their childbearing age contract a serious genetic disease, the doctor shall give them medical advice; where a doctor fails to make a definite diagnosis due to limited medical technology, the doctor shall explain the situation to the parties concerned. Married couples in their childbearing age may choose corresponding medical measures for contraception, birth control or infertility.   Article 18Medical and health care institutions shall provide the following medical health care services for women during the pregnant and perinatal period:   (1) to make health-care booklet (card) and conduct regular prenatal physical examination for women during the pregnant and perinatal period;   (2) to provide medical instructions and consultation on hygiene, nutrition and psychology. for women during the pregnant and perinatal period;   (3) to perform intensive management, follow-up visits and medical health-care services to high-risk pregnant women;   (4) to provide safe delivery technique services for women during the pregnant and perinatal period;   (5) to conduct regular post-partum visits and give instructions on the scientific way of baby-feeding;   (6) to provide consultation, instructions and technique services of contraception;   (7) to give education on reproductive health and the scientific way of rearing babies to post-partum women and their family members;   (8) other health care services for women during pregnancy and the perinatal period;   Article 19Medical and health care institutions shall, upon detecting that a pregnant woman contracts any of the following serious illnesses, or contacts with physically, chemically or biologically toxic or harmful substances which might jeopardize her life or seriously affect her health or the normal development of the fetus, give her medical instruction and conduct necessary medical examination for her:   (1) serious pregnancy complications;   (2) serious mental diseases;   (3) other diseases seriously affecting childbearing as set forth by the administrative department of public health under the State Council.   Article 20Doctors shall make a prenatal diagnosis where a pregnant woman falls under one of the following circumstances:   (1) polyhydramnios or anhydramnios;   (2) abnormal development of fetus or being suspected of fetal malformation;   (3) contacting with a substance that might cause congenital defects;   (4) having family history of genetic diseases or history of giving birth to an infant with a serious congenital defect;   (5) being a primipara in excess of 35 years old.   Article 21The catalogues of the serious genetic diseases of fetus, the serious defects of fetus and the serious diseases of the pregnant women which might jeopardize the health of the pregnant woman as set forth by Article 18 of the Law on Maternal and Infant Health Care shall be compiled by the administrative department of public health under the State Council.   Article 22Where a woman has given birth to an infant with a serious genetic disease or a serious defect, both the husband and wife shall, prior to the wife's second pregnancy, undergo medical examination in a medical and health care institution in accordance with the relevant provisions of the State. A medical and health care institution shall communicate knowledge on genetic diseases to the parties concerned and give them consultation and instructions. Where a person is diagnosed with certain genetic disease medically considered inappropriate for childbearing, the doctor shall explain the situation to the parties concerned and give them medical advice.   Article 23Gender identification of fetus by technical means is strictly prohibited.   Where a fetus is suspected of contracting sex-linked genetic diseases therefore gender identification is needed, such gender identification shall be made by a medical and health care institution designated by the administrative department of public health of the people's government of the province, autonomous region or municipality directly under the Central Government in accordance with the provisions of the administrative department of the health of the State Council.   Article 24The State advocates delivery in hospital. Medical and health care institutions shall, in accordance with the technical operational procedures formulated by the administrative department of public health under the State Council, provide aseptic midwifery and resuscitation for newborn babies, prevent obstetric complications such as birth injury and post-partum hemorrhage, and reduce the morbidity and mortality rate of women during the pregnant and perinatal period and newborn infants.   Pregnant women who do not have the option of delivery in hospital shall receive midwifery services by midwives who are approved by the administrative departments of public health of the people's governments at the country level and hold technical certificates of home midwifery,.   High-risk pregnant women shall be hospitalized for delivery in medical and health institutions. Chapter IV Infant Health Care   Article 25Medical and health care institutions shall, in accordance with the relevant provisions of the State, screen, diagnose, treat and monitor the congenital and genetic metabolic diseases of newborn babies.   Article 26Medical and health care institutions shall, in accordance with the relevant provisions, visit newborn babies, make child health care booklets (card), conduct regular physical examination to newborn babies, give advice on disease prevention, appropriate diet, and stimulation of intelligence development, and provide medical and health care services for prevention and treatment of frequently-encountered diseases of infants.   Article 27Medical and health care institutions shall, in accordance with specified procedures and items, give preventive inoculation to infants.   The guardian of an infant shall ensure that the infant receives on-time preventive inoculation.   Article 28The State endorses breastfeeding. Medical and health care institutions shall give technical guidance on breastfeeding and provide necessary conditions for the breastfeeding of post-partum women hospitalized for delivery.   Medical and health care institutions shall not promote or recommend breast milk substitutes to women during the pregnant and perinatal period or to families with infants.   Article 29Advantages of breastfeeding shall be indicated at a prominent position on package labels of breast milk substitutes.   Manufacturers and sellers of breast milk substitutes shall not donate samples of their products to medical and health care institutions, or to conditionally provide equipment, funds or materials for the purpose of promoting the sale of their products.   Article 30Women enjoy maternity leave as set forth by the State. Where a unit has a female employee with an infant under the age of one year old, the unit shall allocate a certain period of time from the working time for her to breastfeed the infant. Chapter V Technical Appraisement   Article 31Medical technical appraisement committees for maternal and infant health care are classified into three levels: province, city and county.   Members of medical technical appraisement committees for maternal and infant health care shall meet the following conditions:   (1) Members of the medical technical appraisement committee for maternal and infant health care at the county level shall have the professional title of doctor-in-charge or above;   (2) Members of the medical technical appraisement committee for maternal and infant health care at the provincial level or at the level of city divided into districts shall have the professional title of associate chief doctor or above.   Article 32Where the parties concerned disagree with the result of the pre-marital examination, the genetic disease diagnosis or the prenatal diagnosis therefore a further definite diagnosis is needed, the parties concerned may, within 15 days form the date of receiving the result of the examination or the diagnosis, submit a written application for appraisement to the local medical technical appraisement committee for maternal and infant health care at the county level or at the level of city divided into districts.   The medical technical appraisement committee for maternal and infant health care shall issue the medical technical appraisement opinions within 30 days from the date of receiving the application for appraisement and promptly notify the applicant.   The parties concerned who disagree with the appraisement opinions may, within 15 days from the date of receiving the notice of such appraisement opinions, apply for a re-appraisement to the technical appraisement committee for maternal and infant health care at the next higher level.   Article 33Where the medical technical appraisement committee for maternal and infant health care conduct a medical appraisement, not less than five members of the medical technical appraisement committees of related fields shall take part in the appraisement.   Members of the appraisement committee shall sign their names on the appraisement conclusion; different opinions shall be recorded accurately. The appraisement committee shall issue the appraisement opinions to the parties concerned in accordance with the appraisement conclusion.   The administrative measures for medical technical appraisement for maternal and infant health care shall be formulated by the administrative department of public health under the State Council. Chapter VI Supervision and Administration   Article 34Administrative departments of public health of the people's governments at or above the county level are responsible for the work of supervision and administration of the maternal and infant health care in their respective administrative areas and perform the following supervision and administration duties:   (1) to institute a licensing system to institutions and persons engaged in maternal and infant health care and to issue corresponding licenses in accordance with the Law on Maternal and Infant Health Care, these Measures, and the conditions and standards set forth by the administrative department of public health under the State Council;   (2) to supervise and inspect the implementation of the Law on Maternal and Infant Health Care and these Measures;   (3) to impose, according to law, administrative penalties on acts in violation of the Law on Maternal and Infant Health Care and these Measures;   (4) other matters related with supervision and administration of maternal and infant health care.   Article 35Medical and health care institutions and persons engaged in genetic disease diagnosis and prenatal diagnosis shall be licensed by the administrative department of public health of the people's government of the province, autonomous region or municipality directly under the Central Government.   Medical and health care institutions and persons engaged in pre-marital medical examinations shall be licensed by the administrative department of public health of the people's government of the city divided into districts.   Medical and health care institutions and persons engaged in midwifery services, ligature operations or operations for termination of gestation, and persons engaged in home delivery shall be licensed by the administrative department of public health of the people's government at the county level or above and obtain the corresponding qualification certificates.   Article 36Health supervision personnel shall show their identifications when performing their duties.   Health supervision personnel may inquire medical and health care institutions, ask for necessary materials, supervise or inspect maternal and infant health care; the medical and health care institutions shall not refuse or make concealment.   Health supervision personnel are responsible for maintaining in confidence the technical materials provided by medical and health care institutions.   Article 37Medical and health care institutions shall, in accordance with the profession they engage in, be staffed with appropriate personnel and equipped with appropriate medical instruments, provide professional training and professional moral education to personnel engaged in maternal and infant health care, and conduct regular inspections and examinations to the persons engaged in maternal and infant health care.   Doctors and midwives (including midwives engaged in home delivery) shall strictly observe the relevant technical operational procedures, make various records carefully, and improve midwifery techniques and service quality.   Administration of midwives shall be implemented in accordance with the provisions of the administrative department of public health under the State Council.   Licensed doctors engaged in maternal and infant health care shall obtain the corresponding qualifications in accordance with the provisions of the Law on Maternal and Infant Health Care.   Article 38Medical and health care institutions shall provide professional guidance for the health care of kindergartens in accordance with the provisions of the administrative department of public health under the State Council.   Article 39The State institutes a monitoring and reporting system for maternal mortality, infant mortality and birth defects in newborn babies. Chapter VII Penalty Provisions   Article 40Any medical and health care institution or person, in absence of a technique license for maternal and infant health care, conducts pre-marital medical examination, genetic disease diagnosis, prenatal diagnosis, operation for termination of gestation or medical technical appraisement, or issues relevant medical certifications, shall be given a warning, be ordered to stop the illegal act and have the illegal income confiscated by the administrative departments of public health; where the illegal income is not less than 5,000 yuan, a fine of not less than three times nor more than five times the illegal income shall be imposed concurrently; where there is no illegal income, or the illegal income is less than 5,000 yuan, a fine of not less than 5,000 yuan nor more than 20,000 yuan shall be imposed concurrently.   Article 41Any person engaged in maternal and infant health care technical services who issues fraudulent medical certification documents shall be given administrative sanction according to law; if he falls under one of the following circumstance, his technical qualification certificate for practicing maternal and infant health care or doctor practice certificate shall be revoked by the original departments which issued such certificates:   (1) causing serious consequence due to delay of diagnosis and treatment;   (2) causing serious consequence on the body or psychological health of the parties concerned;   (3) causing other serious consequences.   Article 42Those who, in violation of these Measures, conduct gender identification of fetus shall be given a warning and ordered to stop the illegal acts by the administrative departments of public health; the person directly in charge and other persons directly responsible for conducting such identifications in the medical and health institutions shall be imposed administrative sanctions. Those who conduct gender identification of fetus for two or more times, or those who conduct such identification for the purpose of making profits, their technical qualification certificate for practicing maternal and infant health care or doctor practice certificates shall be revoked by the original departments which issued the certificates concurrently. Chapter VIII Supplementary Provisions   Article 43The format of the pre-marital medical examination certificates shall be specified by the administrative department of public health under the State Council.   Article 44The Medical and health care institutions, as referred to in the Law on Maternal and Infant Health Care and these Measures, mean the medical organizations of various levels and various kinds that have obtained practice license from the administrative departments of public health in accordance with the Regulations on Administration of Medical Institutions.   Article 45These Measures shall be effective as of the date of promulgation.

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