PRC Legal Provisions

Maternal and Infant Healthcare Law of the People's Republic of China

Xinjiang Uyghur Autonomous Region Regulation on the Management of Religious Affairs (Chinese Text)

The following text was retrieved from the China Ethnicities News <a href="https://www.mzb.com.cn/html/report/92606-1.htm">Web site</a> on April 7, 2010.

Notice Regarding Preventing State Secrets from Being Divulged in Publications (CECC Partial Translation)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Notice Regarding Preventing State Secrets from Being Divulged in Publications," issued by the General Administration for Press and Publication on March 12, 1994. The Chinese text was retrieved from the People's Daily <a href="https://www.people.com.cn/electric/flfg/d2/940312.html">Web site on February 16, 2006.</a> 3. Any publication having the following contents must strenuously implement a system for submission for examination and approval: important national policies, Party documents and files, the national defense establishment and military might situation, the nation's foreign policy and foreign propaganda work, statistics and data regarding the national economy and social development, materials for advanced technology and scientific achievements, surveys and maps, national security activities and the prosecution of criminal activities, any other important issues that government agencies and industries should not publicize, and any other issue that the publishing unit is unable to determine might be a state secret.

Teachers Law of the People's Republic of China (Chinese and English Text)

The following translation was retrieved from the China Trade in Services <A HREF="https://tradeinservices.mofcom.gov.cn/en/b/1993-10-31/13698.shtml">Web site</A> on February 23, 2011. Click "more" below for the complete Chinese text of the law, which was retrieved from the China Law Library <A HREF="https://www.law-lib.com/law/law_view.asp?id=551"> Web site</A> on February 23, 2011. <HR> Teachers Law of the People's Republic of China 1993-10-31 From: The National People's Congress (Adopted at the 4th Meeting of the Standing Committee of the Eighth National People's Congress on October 31, 1993 and promulgated by Order No.15 of the President of the People's Republic of China on October 31, 1993) Contents Chapter I General Provisions Chapter II Rights and Obligations Chapter III Qualifications and Employment Chapter IV Cultivation and Training Chapter V Assessment Chapter VI Material Benefits Chapter VII Rewards Chapter VIII Legal Liability Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purpose of safeguarding teachers' legitimate rights and interests, building up a contingent of teachers who are sound in moral character and good in professional competence, and promoting the development of socialist education. Article 2 This Law shall apply to teachers specifically engaged in education and teaching at schools of various levels and categories or other institutions of education. Article 3 Teachers are professionals who exercise the functions of education and teaching and are charged with the duty of imparting knowledge and educating people, training builders and successors for the socialist cause and enhancing the quality of the nation. Teachers shall devote themselves to the educational cause of the people. Article 4 People's governments at various levels shall adopt measures to strengthen ideological and political education and professional training of teachers, improve their working and living conditions, safeguard their legitimate rights and interests and raise their social status. Teachers shall be respected in the whole society. Article 5 The administrative department of education under the State Council shall be in charge of the work concerning teachers in the whole country. The departments concerned under the State Council shall, within the scope of their functions and powers, be responsible for the relevant work concerning teachers. Schools and other institutions of education shall administer the affairs of teachers on their own according to the relevant provisions of the State. Article 6 September 10 of each year is designated as Teachers' Day. Chapter II Rights and Obligations Article 7 Teachers shall enjoy the following rights: (1) to conduct educational and teaching activities and carry out reform. and experiment in education and teaching; (2) to engage in scientific research and academic exchanges, join professional academic societies and fully express their views in academic activities; (3) to give guidance to students in their studies and development and evaluate students' conduct and academic achievements; (4) to obtain salaries and remunerations on schedule and enjoy the welfare benefits prescribed by the State and the leave with pay in winter and summer vacations; (5) to put forward opinions and suggestions regarding education, teaching, management of schools and the work of the administrative departments of education; and to participate in the democratic management of schools through congresses of teachers, staff, and workers, or through other forms; and (6) to take refresher courses or other forms of training. Article 8 Teachers shall perform. the following obligations: (1) to abide by the Constitution, laws and professional ethics, and be paragons of virtue and learning; (2) to implement the educational policies of the State, observe relevant rules and regulations, carry out schools' teaching plans, fulfil teaching contracts and accomplish educational and teaching tasks; (3) to conduct education among students in the basic principles defined in the Constitution, education in patriotism, national unity and the legal system, and education in ideology, morality, culture, science and technology, and to organize and lead students to engage in beneficial social activities; (4) to concern themselves with all students, love them, respect their dignity and promote their all-round development in such aspects as morality, intelligence and physique; (5) to stop acts that are harmful to students and other acts that encroach upon students' legitimate rights and interests, criticize and combat the phenomena that impair the sound growth of students; and (6) to continuously raise their ideological level and political consciousness and improve their professional competence in education and teaching. Article 9 To guarantee that teachers complete their educational and teaching tasks, people's governments at various levels, administrative departments of education, relevant departments, schools and other institutions of education shall perform. the following functions and duties; (1) to provide educational and teaching facilities and equipment that are up to the safety standards set by the State; (2) to provide necessary books, reference materials and other articles for education and teaching; (3) to encourage and help teachers in their creative work in education, teaching and scientific research; and (4) to back up teachers in their efforts to stop acts that are harmful to students and other acts that encroach upon students' legitimate rights and interests. Chapter III Qualifications and Employment Article 10 The State shall institute a system of qualifications for teachers. All Chinese citizens, who abide by the Constitution and laws, take a keen interest in education, have sound ideological and moral character, possess a record of formal schooling as stipulated in this Law or have passed the national teachers' qualification examinations, have educational and teaching ability may, after being valuated as qualified, obtain qualifications for teachers. Article 11 To obtain qualifications for teachers, corresponding records of formal schooling are required as follows: (1) to obtain qualifications for a teacher in a kindergarten, one shall be a graduate of an infant normal school or upwards; (2) to obtain qualifications for a teacher in a primary school, one shall be a graduate of a secondary normal school or upwards; (3) to obtain qualifications for a teacher in a junior middle school, or a teacher for general knowledge courses and specialized courses in a primary vocational school, one shall be a graduate of a specialized higher normal school, or other colleges or universities with two or three years' schooling or upwards; (4) to obtain qualifications for a teacher in a senior middle school, or a teacher for general knowledge courses and specialized courses in a secondary vocational school, technical school or a vocational high school, one shall be a graduate of a normal college or other colleges or universities with four years' schooling, or upwards; the corresponding record of formal schooling for the qualifications of instructors who give guidance to students' fieldwork at secondary vocational schools, technical schools or vocational high schools shall be prescribed by the administrative department of education under the State Council; (5) to obtain qualifications for a teacher in an institution of higher learning, one shall be a postgraduate or university graduate; and (6) to obtain qualifications for a teacher for adult education, one shall be a graduate respectively of an institution of higher learning, a secondary school or upwards depending on the level and category of the adult education. Citizens who, without the records of formal schooling for teachers' qualifications as stipulated in this Law, apply for teacher's qualifications must pass the national teachers' qualification examinations. The national teachers' qualifications examination system shall be prescribed by the State Council. Article 12 The administrative department of education under the State Council shall work out transition measures on qualifications for teachers who, before the enforcement of this Law, have been teaching at schools or other institutions of education, but do not have the record of formal schooling as stipulated in this Law. Article 13 The qualifications for teachers in primary and middle schools shall be evaluated and approved by the administrative departments of education under the local people's governments at or above the county level. The qualifications for teachers in secondary vocational schools and technical schools shall be evaluated and approved by the relevant competent departments, under the auspices of the administrative departments of education under the local people's governments at or above the county level. The qualifications for teachers of regular institutions of higher education shall be evaluated and approved by the administrative departments of education under the State Council, or of provinces, autonomous regions, or municipalities directly under the Central Government, or by schools authorized by such departments. If a citizen who possesses a record of formal schooling as stipulated in this Law, or who has passed the national teachers' qualification examinations, requests the departments concerned to evaluate and approve his qualifications for teachers, the departments concerned shall give evaluation and approval in accordance with the requirements provided for in this Law. Those with qualifications for teachers who are for the first time appointed as teachers shall undergo a probation period. Article 14 Those who have been deprived of political rights or subjected to fixed-term imprisonment or even more severe punishment for intentional crime shall not be allowed to obtain qualifications for teachers; and those who have already obtained qualifications for teachers shall forfeit such qualifications. Article 15 Graduates of normal schools at various levels shall be engaged in education and teaching in accordance with the relevant provisions of the State. The State shall encourage graduates of non-normal schools of higher learning to teach at primary and secondary schools or vocational schools. Article 16 The State shall institute a system of professional titles for teachers. The specific measures shall be worked out by the State Council. Article 17 Schools and other institutions of education shall gradually institute a system of appointment for teachers. Appointment of teachers shall be based on the principle of equality between both parties. The school and the teacher shall sign an appointment contract defining each other's rights, obligations and responsibilities. Steps and measures for implementing the appointment system for teachers shall be formulated by the administrative department of education under the State Council. Chapter IV Cultivation and Training Article 18 People's governments at various levels and the departments concerned shall make a success of normal school education and adopt measures to encourage outstanding youth to study at normal schools at various levels. Schools for teachers' advanced studies at different levels shall undertake the task of training teachers for primary and secondary schools. Non-normal schools shall undertake the task of cultivating and training primary and secondary school teachers. Students of normal schools at various levels shall enjoy professional scholarships. Article 19 The administrative departments of education under the people's governments at various levels, the departments in charge of school affairs and the schools shall work out teachers' training programmes and conduct various forms of ideological, political and professional training among teachers. Article 20 State organs, enterprises, institutions and other social organizations shall provide convenience and assistance to teachers in their social investigation and social practice. Article 21 People's governments at various levels shall adopt measures to cultivate and train teachers for regions inhabited by national minorities and for outlying and poverty-stricken areas. Chapter V Assessment Article 22 Schools or other institutions of education shall conduct assessment of teachers' political awareness and ideological level, professional qualifications, attitude towards work and their performances. The administrative departments of education shall guide and supervise the assessment work for teachers. Article 23 Assessment shall be conducted in an objective, fair and accurate manner and in the process of assessment, opinions from teachers themselves, their colleagues and students shall be taken into full consideration. Article 24 The assessment results shall be the basis for teachers' appointment and pay rise as well as rewards and punishments. Chapter VI Material Benefits Article 25 Teachers' average salary shall not be lower or shall be higher than that of State public servants and shall be gradually raised. A regular system for promotion and pay rise shall be established, and the specific measures therefor shall be formulated by the State Council. Article 26 Teachers of primary and secondary schools and vocational schools shall enjoy allowances commensurate with the length of their teaching and other allowances, and the specific measures therefor shall be formulated by the administrative department of education under the State Council in conjunction with the departments concerned. Article 27 Local people's governments at various levels shall grant subsidies to teachers and graduates from secondary vocational schools or from schools at higher levels who engage themselves in education and teaching in regions inhabited by national minorities or in outlying and poverty-stricken areas. Article 28 Local people's governments at various levels and the departments concerned under the State Council shall give priority and preferential treatment to the construction, renting and sale of houses for teachers in urban areas. People's governments at the county and township levels shall provide conveniences for primary and secondary school teachers in rural areas in solving the housing problems. Article 29 Teachers shall enjoy equal treatment in medical care as the State public servants in the localities. They shall be given regular health check-ups and shall enjoy rest and recuperation holidays arranged in the light of local conditions. Medical institutions shall provide conveniences in medical care for teachers in the localities. Article 30 After retirement or quitting work, teachers shall enjoy the material benefits as prescribed by the State. Local people's governments at or above the county level may appropriately raise the ratio of pensions for the retired primary and secondary school teachers who have long been engaged in education and teaching. Article 31 People's governments at various levels shall adopt measures to improve the material benefits of teachers who are paid, with subsidies from the State, by the collectives, gradually making sure that such teachers receive equal pay for equal work with teachers who are paid by the State. The specific measures therefor shall be formulated by the local people's governments at various levels in the light of their actual local conditions. Article 32 The material benefits of teachers at schools run by different sectors of the society shall be determined and guaranteed by the sponsors themselves. Chapter VII Rewards Article 33 Teachers who have achieved excellent results in education and teaching, in the training of personnel, and in scientific research, educational reform, school development, social services and work-study programmes shall be commended and awarded by the schools which they belong to. Teachers who have made outstanding contributions shall be commended and awarded by the State Council, the local people's governments at various levels and the relevant departments under them. Teachers who have made major contributions shall be conferred honorary titles in accordance with relevant provisions of the State. Article 34 The State shall encourage and support social organizations and individuals to donate money to foundations established according to law for awarding teachers. Chapter VIII Legal Liability Article 35 Anyone who insults or assaults a teacher shall be given an administrative sanction or penalty depending on the different circumstances; those who have caused losses or injury shall be ordered to compensate for the losses; and if the circumstances are serious enough to constitute a crime, the offender shall be investigated for criminal responsibility according to law. Article 36 Anyone who retaliates against the teachers who have made complaints, charges against or exposures of, any organization or individual in accordance with the law shall be ordered by his or her unit or by the authorities at a higher level to make a rectification; if the circumstances are serious, the offender may be given an administrative sanction in the light of the actual conditions. State functionaries who retaliate against teachers, if the case constitutes a crime, shall be investigated for criminal responsibility in accordance with the provisions of Article 146 of the Criminal Law. Article 37 Teachers involved in any of the following circumstances shall be given administrative sanctions or dismissed by their schools, other institutions of education or administrative departments of education: (1) intentionally not accomplishing educational and teaching tasks and thus causing losses to educational and teaching work; (2) imposing corporal punishments on students and refusing to mend their way after being criticized; (3) having improper conduct and insulting students, thus making very bad impressions. Teachers who are involved in any of the circumstances specified in item (2) or (3) of the preceding paragraph, if the circumstances are serious enough to constitute a crime, shall be investigated for criminal responsibility according to law. Article 38 The local people's governments shall order anyone who, in violation of the provisions of this Law, defaults on paying teachers' salaries or infringes upon other legitimate rights and interests of teachers, to make a rectification within a specified time limit. Anyone who violates the State's financial and accounting rules and regulations, misappropriates the State's funds allocated for education, seriously hampers the work of education and teaching, defaults on paying teachers' salaries and impairs their legitimate rights and interests, shall be ordered by the authorities at a higher level to return the misappropriated funds within a specified time limit, and those who are held directly responsible shall be given administrative sanctions; and if the circumstances are serious enough to constitute a crime, the offenders shall be investigated for criminal responsibility according to law. Article 39 Teachers whose legitimate rights and interests are infringed upon by schools or other institutions of education or who are not satisfied with the settlement made by schools or other institutions of education may appeal to the administrative departments of education. The administrative departments of education shall deal with the matter within 30 days from receipt of the appeal. Teachers who hold that the administrative departments concerned under the local people's governments have infringed upon the rights they shall enjoy under this Law may appeal to the people's governments at the corresponding levels or to the departments concerned under the people's governments at the next higher levels. The departments concerned under the people's governments at the corresponding levels or the departments concerned under the people's governments at the next higher levels shall deal with the appeals. Chapter IX Supplementary Provisions Article 40 The meanings of the following expressions as used in this Law are: (1) "Schools of various levels and categories" refers to the schools that carry out pre-school education, regular primary education, regular secondary education, vocational education, regular higher education, special education or adult education. (2) "Other institutions of education" refers to children's palaces, local teaching and research sections and institutions that conduct audio-visual education. (3) "Primary and secondary school teachers" refers to teachers working in kindergartens, institutions of special education, regular primary and secondary schools, institutions of primary and secondary education for adults, secondary vocational schools and other institutions of education. Article 41 The relevant provisions of this Law may be applied mutatis mutandis in the light of the actual conditions to the educational and teaching assistants of schools or other institutions of education, as well as teachers and the educational and teaching assistants of schools of other categories. Relevant regulations governing the teachers and the educational and teaching assistants of colleges and schools of the Army shall be formulated by the Central Military Commission on the basis of this Law. Article 42 The measures for the employment of foreign teachers shall be formulated by the administrative department of education under the State Council. Article 43 This Law shall go into effect as of January 1, 1994.

Xinjiang Uighur Autonomous Region Implementing Measures for the Law on the Protection of Minors (CECC Partial Translation)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Implementing Measures of the Law on the Protection of Minors," issued by the Xinjiang Uigher Autonomous Region's People's Standing Committee on September 25, 1993. The Chinese text was retrieved from the Law-Lib.com <a href="https://www.law-lib.com/law/law_view.asp?id=23714">Web site</a> on February 14, 2006.<br> Article 14: Parents or other guardians may not permit minors to be engaged in religious activities.

Unfair Competition Law of the People's Republic of China (English and Chinese Text)

The following translation was retrieved from the from the <A HREF="https://www.sipo.gov.cn/sipo_English/flfg/xgflfg/t20020420_34756.htm" TARGET="_blank">State Intellectual Property Office</A> Web site on February 28, 2006. The Chinese text was retrieved from the <A HREF="https://www.law-lib.com/law/law_view.asp?id=245" TARGET="_blank">LawLibDB</A> Web site on February 28, 2006. Law Against Unfair Competition of the People's Republic of China (Adopted at the Third Session of the Standing Committee of the Eighth National People's Congress on September 2, 1993. Promulgated by Order No.10 of the President of the People's Republic of China on September 2, 1993. and Effectives of December 1, 1993) Chapter I General Provisions Article 1. This Law is formulated with a view to safeguarding the healthy development of the socialist market economy, encouraging and protect fair competition, preventing acts of unfair competition, and defending the lawful rights and interests of operators and consumers. Article 2. An operator shall, in transactions in the market, follow the principle of voluntariness, equality, fairness, honesty and credibility, and observe generally recognized business ethics. "Unfair competition" in this Law refers to acts of operator which contravene the provisions of this Law, damage the lawful rights and interests of other operator, and disturb the socio-economic order. "Operator" in this Law refers to a legal person or other economic organization or individual engaging in the trading of goods or profit-making services. ("Goods" mentioned hereinafter include services.) Article 3. The People's Governments at various levels shall adopt measures to prevent acts of unfair competition and create a favorable environment and conditions for fair competition. The administrative authorities for industry and commerce in the People' s Governments above the county level shall supervise and inspect acts of unfair competition. In respect of those acts which, according to the provisions of various laws and administrative regulations, are subject to supervision and inspection by other departments, these provisions shall be abided by. Article 4. The state encourages, supports and protects all organizations and individuals in carrying out social supervision over acts of unfair competition. Staff members of State organs shall not support or cover up acts of unfair competition. Chapter II Acts of Unfair Competition Article 5. An operator may not adopt the following unfair means to carry to transactions in the market and cause damage to competitors: (1) passing off the registered trademark of another person; (2) using, without authorization, the name, packaging or decoration peculiar to well-known goods or using a name, packaging or decoration similar to that of well-known goods, so that his goods are confused with the well-known goods of another person, causing buyers to mistake them for the well-known goods of the other person; (3) using, without authorization, the business name or personal name of the other person on his own goods, leading people to mistake them for the goods of the other person; (4) forging or falsely using, on his goods, symbols of quality such as symbols of certification and symbols of famous and high-quality goods, falsifying the origin of his goods, and making false representations which are misleading as to the quality of the goods. Article 6. A public utility enterprise or any other operator having monopolistic status according to law may not restrict others to buying the goods of operators designated by it so as to exclude other operators from competing fairly. Article 7. Governments and their subordinate departments may not abuse their administrative powers to restrict others to buying the goods of operators designated by them and to restrict the lawful business activities of other operators. Governments and their subordinate departments shall not abuse their administrative powers to restrict the entry of goods from other parts of the country into the local market or the flow of local goods to markets in other parts of the country. Article 8. An operator may not practice bribery by using money, gifts or other means to sell or buy goods. Where an operator secretly pays a kickback to the other party, be it an entity or individual, without accounting for it in the books, he shall be punished for offering a bribe; where the other party, be it an entity or individual, secretly accepts a kickback without accounting for it in the books, it or he shall be punished for taking a bribe. In the selling or buying of goods, an operator may express clearly his intention to offer a discount to the other party and pay a commission to the middleman. Where an operator gives a discount to the other party and pays a commission to the middleman, he must enter the items in the books factually. An operator accepting a discount or commission must enter it in the books factually. Article 9. An operator may not use advertisements or other meas to give false, misleading publicity as to the quality, composition, performance, use, manufacturer, useful life, origin, etc. , of the goods. An advertisement operator shall not act as an agent for, or design, produce or release advertisements contatning false representations of which he is obviously aware or should be aware. Article 10. An operator may not adopt the following means to infringe business secrets: (1) obtaining business secrets from the owners of rights by stealing, promising of gain, resorting to coercion or other improper means; (2) disclosing, using, or allowing others to use business secrets of the owners of rights obtained by the means mentioned in the preceding item; (3) disclosing, using or allowing others to use business secrets that he has obtained by breaking an engagement or disregarding the requirement of the owners of the rights to maintain the business secrets in confidence. Where a third party obtains, uses or discloses the business secrets of others when he obviously has or should have full awareness of the illegal acts mentioned in the preceding paragraph, he shall be deemed to have infringed the business secrets of others. "Business secret" in this Article means technical information and operational information which is not known to the public, which is capable of bringing economic benefits to the owner of rights, which has practical applicability and which the owner of rights has taken measures to keep secret. Article 11. An operator may not sell goods at a price below cost for the purpose of excluding his competitors. None of the following acts constitute acts of unfair competition: (1) selling fresh or live goods; (2) disposing of goods the useful life of which is about to expire or other overstocked goods; (3) reducing prices seasonably; (4) selling goods at reduced prices for paying off debts, changing the line of production or closing the business. Article 12. An operator may not, in sales of goods, make a tie-in sale against the wish of the buyer or attach other unreasonable conditions. Article 13. An operator may not make the following kinds of sales with prizes attached: (1) making sales with prizes attached by the fraudulent method of falsely claiming the existence of prizes or intentionally causing internally chosen people to win the prizes; (2) promoting the sale of inferior but high-priced goods by offering prizes; (3) making sales with prizes attached in the form of a lottery where the amount for the highest prize exceeds 5,000 yuan (RMB). Article 14. An operator may not utter or disseminate falsehoods to damage the goodwill of a competitor or the reputation of his goods. Article 15. Tenderers may not submit tenders in collusion with one another to force the tender price up or down. A tenderer shall not collaborate with the party inviting tenders to exclude competitors from fair competition. Chapter III Supervision and Inspection Article 16. The supervising and inspecting authorities above the county level may exercise supervision over and carry out inspection of acts of unfair competition. Article 17. In exercising supervision over and carrying Out inspection of acts of unfair competition, the supervising and inspecting authorities are entitled to exercise the following functions and powers: (1) questioning operators under scrutiny, interested parties and witnesses, and requiring them to provide evidential material or other information related to acts of unfair competition in accordance with prescribed procedure; (2) consulting and copying written agreements, account books, receipts, bills, vouchers, invoices, documents, records, business correspondence and other material related to acts of unfair competition; (3) inspecting property related to acts of unfair competition as stipulated in Article 5 of this Law and, where necessary, ordering the operator under investigation to explain the source and quantity of the goods, temporarily stop selling them pending inspection, and not to remove, conceal or destroy them. Article 18. When exercising supervision over and carrying Out inspection of acts of unfair competition, members of the supervising and inspecting authorities shall produce warrants of inspection. Article 19. When the supervising and inspecting authorities are exercising supervision over and carrying out inspection of acts of unfair competition, the operators under investigation, interested parties and witnesses shall truthfully provide them with relevant data or information. Chapter IV Legal Responsibility Article 20. Where an operator, in contravention of the provisions of this Law, causes damage to the injured operator, he shall bear the responsibility for compensating the damages. Where the losses suffered by the injured operator are difficult to calculate, the amount of damages shall be the profits gained by the infringer during the period of infringement through the infringing act. The infringer shall also bear all reasonable costs paid by the injured operator in investigating the acts of unfair competition committed by the operator suspected of infringing his lawful rights and interests. Where the lawful rights and interests of the injured operator are damaged by the acts of unfair competition, he may institute proceedings before a People' s Court. Article 21. Where an operator passes off the registered trademark of another person, uses the business name or personal name of another person without authorization, forges or falsely uses symbols of quality such as symbols of certification and symbols of famous and high-quality goods, falsifies the origin of the goods and makes false representations which are misleading as to the quality of the goods, he shall be punished in accordance with the provisions of the Trademark Law and the Product Quality Law of the People' s Republic of China. Where an operator uses, without authorization, the name, packaging or decoration peculiar to well-known goods or uses the name, packaging or decoration similar to that of well-known goods so that his goods are confused with the well-known goods of another person, causing buyers to mistake them for the well-known goods, the relevant supervising and inspecting authority shall order him to cease the offense, confiscate the illegal income, and may impose, according to circumstances, a fine of more than twice and less than three times the amount of illegal income; where the circumstances are serious, the said authority may revoke his business license; where an operator sells goods which are counterfeit or of inferior quality, constituting a crime, his criminal responsibilities shall be investigated according to law. Article 22. Where an operator practices bribery, by using money, gifts or other means to sell or buy goods, constituting a crime, his criminal responsibilities shall be investigated according to law; where the act does not constitute a crime, the relevant supervising and inspecting authority may, according to circumstances, impose a fine of more than 10,000 yuan (RMB) and less than 200,000 yuan (RMB). His illegal income, if any, shall be confiscated. Article 23. Where a public utility enterprise or any other operator having monopolistic status according to law restricts others to buying the goods of operators designated by it so as to exclude other operators from competing fairly, the supervising and inspecting authorities at the level of provinces or municipalities which are divided into districts shall order it to desist from the illegal acts and may punish it by imposing, according to circumstances, fines of more than 50,000 yuan (RMB) and less than 200,000 yuan (RMB). Where the designated operators take advantage of the arrangement to foist inferior but high-priced goods on buyers or make exorbitant charges, the supervising and inspecting authorities shall confiscate the illegal income and may, according to circumstances, impose fines of more than twice and less than three times the illegal income. Article 24. Where an operator uses advertisement or other means to give false, misleading publicity to his goods, the relevant supervising and inspecting authority shall order him to desist from the illegal act, dispel the bad influence, and may, according to circumstances, impose a fine of more than 10,000 yuan (RMB) and less than 200,000 yuan (RMB). Where an advertisement operator acts as an agent for, or designs, produces or releases advertisements containing false representations of which he is obviously aware or should be aware, the relevant supervising and inspecting authority shall order him to desist from the illegal act, confiscate his illegal income, and impose a fine on him according to law. Article 25. Where any party infringes the business secret of another person in contravention of the provisions of Article 10 of this Law, the relevant supervising and inspecting authority shall order him to desist from the illegal act and may, according to circumstances, impose on him a fine of more than 10,000 yuan (RMB) and less than 200,000 yuan (RMB). Article 26. Where an operator makes sales with prizes attached in contravention of the provisions of Article 13 of this Law, the relevant supervising and inspecting authority shall order him to desist from the illegal act and may, according to circumstances, impose on him a fine of more than 10,000 yuan (RMB) and less than 100,000 yuan (RMB). Article 27. Where tenderers submit tenders in collusion with one another to force the tender price up or down, or where a tenderer collaborates with the party inviting tenders to exclude competitors from competing fairly, his successful bid is null and void. The supervising and inspecting authority may, according to circumstances, impose on them a fine of more than 10,000 yuan (RMB) and less than 200,000 yuan (RMB). Article 28. Where an operator commits an act in contravention of an order to temporarily stop selling, and not to remove, conceal or destroy, property related to acts of unfair competition, the relevant supervising and inspecting authority may, according to circumstances, impose on him a fine of more than twice and less than three times the price of the property which has been sold, removed, concealed or destroyed. Article 29. Where a party is not satisfied with the decision on punishment made by the relevant supervising and inspecting authority, he may, within 15 days from the date of receipt of the decision on punishment, apply to the competent authority at the next highest level for reconsideration; where the party is not satisfied with the decision made after reconsideration, he may, within 15 days from the date of receipt of the written decision made after reconsideration, institute proceedings before a People's court. The party may also directly institute proceedings before a People's Court. Article 30. Where a government and its subordinate departments, in contravention to the provisions of Article 7 of this Law, restrict others to buying the goods of operators designated by them, restrict the legitmate business activities of other operators, or restrict the normal flow of goods between regions, the higher authorities shall order them to rectify the situation; where the circumstances are serious, the competent authorities at the same level or the next highest level shall impose disciplinary sanctions on the persons directly responsible. Where the designated operators, taking advantage of this arrangement, foist inferior but high-priced goods on buyers or make exorbitant charges, the supervising and inspecting authorities shall confiscate the illegal income and may, according to circumstances, impose a fine of more than twice and less than three times the illegal income. Article 31. Where a staff member of the State organ responsible for supervision over and inspection of acts of unfair competition abuses his powers and neglects his duty, constituting a crime, his criminal responsibilities shall be investigated according to law; where the act does not constitute a crime, he shall be subject to disciplinary sanction. Article 32. Where a staff member of the State organ responsible for supervision over and inspection of acts of unfair competition practices illegally out of personal consideration, intentionally covers up for an operator and causes him to avoid prosecution, obviously knowing that he has contravened the provisions of this Law, constituting a crime, the said staff member's criminal responsibilities shall be investigated according to law. Chapter V Supplementary Provision Article 33. This Law shall enter into force as of December 1, 1993.

Tibet Autonomous Region Temporary Measures on the Management of Religious Affairs (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Tibet Autonomous Region Temporary Measures on the Management of Religious Affairs' issued by the Tibet Autonomous Region People's Government on December 9, 1991. The Chinese text was retrieved from the United Front <a href="https://www.zytzb.org.cn/zytzbwz/flfg/zj6ae.htm">Web site</a> on January 8, 2007. Tibet Autonomous Region Temporary Measures on the Management of Religious Affairs (Adopted by the Standing Committee of the Tibet Autonomous Region People's Government on December 9, 1991, and promulgated by the Tibet Autonomous Region People's Government on December 20, 1991.) These temporary measures are specially formulated in accordance with the Constitution, laws, regulations, and relevant policies, and by integrating our region’s actual management of religious affairs, for the purposes of ensuring citizens' freedom of religious belief; safeguarding the lawful rights and interests of religious organizations and venues for religious activities, safeguarding the unification of the motherland, the unity of ethnic minorities, and social stability; and constructing a socialist new Tibet. Article 1 The government respects and protects citizens' freedom of religious belief. All religions, religious sects, religious organizations, and venues for religious activities are equal. Religious believers and non-religious believers, and the masses who believe in different religions and different religious sects shall respect each other, mutually unite, and jointly devote themselves to social stability and the construction of spiritual and material civilizations in our region. Article 2 All the activities of every religious organization and venue for religious activities must be conducted within the scope of the state’s Constitution, laws, regulations, and policies. The government protects normal religious and religious affairs activities carried out by religious personnel. Article 3 The government protects the lawful rights and interests of religious organizations and venues for religious activities. All religious organizations, venues for religious activities, and individuals shall accept the leadership of the Party and the government, and support the socialist system. Religion must not interfere with the administration of the state, the judiciary, school education, or social public education, and must not reestablish previously abolished feudal privileges and oppressive exploitative systems, as well as subordinate relationships between temples. Article 4 On the whole, all venues for religious activities of every religion and religious sect that have been restored and opened throughout the region have basically satisfied the necessities of the normal religious activities of the masses who believe in religion. Henceforth, new venues for religious activities must not be restored and opened without obtaining approval from the autonomous region people’s government. Within the borders of the autonomous region, restored and opened venues for religious activities shall register in accordance with the measures of State Religious Affairs Bureau Circular No. 110 (1991) and establish various records. Registered venues for religious activities receive the protection of the law. Article 5 A venue for religious activities is managed by the government where it is located, and this government must earnestly formulate concrete administrative management measures for the venue for religious activities under its management, and pragmatically supervise well. Article 6 Outside of ordinary religious activities, every venue for religious activities must report to the local government and relevant departments when holding any large religious activity or large-scale religious festival, and coordinate with the relevant departments to preserve order during the activity. Article 7 Determinations are made of the size of the roster and [specific] Buddhist monk and nun personnel at venues for religious activities. Every prefecture (city) shall, on the basis of thorough investigation and research and in consultation with the local Buddhist Association, determine numbers for the size of the roster, and execute it to the letter after undergoing examination and approval. 1. For a roster sized at more than 100 people (including 100), the prefecture (city) puts forth an opinion, [and the matter] undergoes examination and verification by the region's ethnic and religious affairs commission, and is reported to the autonomous region's people's government for examination and approval. 2. For a roster sized at more than 50 people (including 50), the prefecture (city) puts forth an opinion, and [the matter is] reported to the region's ethnic and religious affairs commission for examination and approval. 3. For a roster sized at more than 5 people and under 50 people, the prefecture's (city) ethnic and religious affairs bureau puts forward an opinion, and [the matter is] reported to the provincial administrative office and municipal government for examination and approval. 4. For a roster sized at 1 to 5 people at ordinary lhakhang [temples] and ritro [mountain hermitages], [the matter is] examined and approved by the county people's government. Article 8 When temples absorb Buddhist monks and nuns within the scope of their roster, examination and registration must be carried out for the purpose of ensuring quality. 1. Those who voluntarily request to enter a temple as a Buddhist monk or nun must be patriotic and law-abiding, pious believers, and abide by Buddhist canons and every aspect of the temple system. The individual [who requests to enter a temple] first puts forth a written application, and also seeks instructors and scripture teachers as guarantors. 2. After receiving the application, the Democratic Management Committee (group) must strictly examine [such matters as] the applicant's goals and reasons for entering the temple and whether his or her behavior is upright. 3. The instructor and scripture teacher acting as guarantors must be responsible for the guarantee's moral education and the teaching of Buddhist and temple canons, and ensure that she or he observes discipline and law, and is patriotic and devout. 4. After the above conditions exist, those who have spent more than a year being examined and meeting qualifications fill out a registration form in triplicate, and the instructor and scripture teacher acting as guarantors sign and seal it. The Democratic Management Committee (group) reports to the responsible religious affairs department for examination and approval within its quota for designating a roster, issues a unified certificate or credentials, and places [the applicant] into the temple registry. Only then can she or he become formal Buddhist monk and nun personnel of the temple. 5. A temple’s Buddhist monk and nun personnel enjoy all the rights of a citizen, and must fulfill all the duties of a citizen. 6. Buddhist monk and nun personnel who violate Buddhist or temple rules shall, according to the degree of seriousness of the circumstances, respectively be given education, warning, or expulsion, or have their certificate or credentials revoked. 7. Tibetan compatriot monks and nuns outside the borders returning to China to reside who request to enter a temple must undertake procedures for residence according to the pertinent regulations for Tibetan compatriots from outside China returning to China to reside, and only then can they undertake the procedures for entering a temple as stipulated. 8. Buddhist monk and nun personnel have the freedom to voluntarily withdraw from their temple. Those who withdraw from their temple must undertake the procedures for leaving a temple and return to their original residence. Article 9 Concerning the management of interaction between religious personnel from our region and outside provincial areas: 1. All monks and nuns from Tibetan Buddhist temples in outside provincial areas who come to our region to engage in advanced study of scripture must obtain consent from the religious affairs department of the provincial area where the visiting monk or nun resides, in consultation with the religious affairs department of our region, and only then, while bearing proof [of this], can [the person] pursue advanced studies at a designated temple in our region. While engaging in advanced studies, he or she must submit to the arrangements of the temple's Democratic Management Committee and abide by the regulations of the temple. 2. When religious personnel from outside provincial areas come to our region or our region’s religious personnel go to outside provincial areas to engage in such religious activities as expounding Buddhist sutras, or transmitting doctrine, it is necessary to contact in advance the religious affairs department in the provincial area where they reside, and after both sides consent, only then can proof for travel be provided. 3. Various kinds of Buddhist activities at venues for religious activities must be led by qualified Buddhist monk or nun personnel from the temple. Religious followers from outside provincial areas may go to venues for religious activities to live a religious life [guo zongjiao shenghuo], but if they have not obtained permission from the government at the county level or above, must not assemble a crowd to carry out such activities as expounding the Buddhist sutras or transmitting Buddhist doctrine without authorization. Article 10 Among Tibetan compatriots from outside China, religious personnel who return to China to visit relatives or for travel may go to the region’s open venues for religious activities to live a religious life, but are forbidden from convening Buddhist monks and nuns and the masses to lead religious activities; are forbidden from performing meeting and sending off or head-touching [blessing] activities; and are forbidden from receiving alms. Venues for religious activities that have not been opened, and have not been approved by the relevant department, must prohibit without exception foreign tour groups, individual visits, pilgrimages, and sightseeing. Article 11 Venues for religious activities shall gradually walk the path of self-sustainability. They shall, in accordance with their specific conditions, and within their power, engage in such service industries as secondary farming and herding, industry and commerce, and tourism and hospitality; run a number of social welfare services appropriate to the characteristics of a venue for religious activities; increase income and improve livelihoods; and progressively achieve self-sustainability. All levels of government should give preferential policies to various enterprises such as production and service whose goal is self-sustainability, and support and assist them in achieving self-sustainability. Article 12 Where old, weak, sick, and disabled Buddhist monks and nuns from venues for religious activities of every religious sect have no one to depend on, the government's Ministry of Civil Affairs shall treat them equally without discrimination under the five welfare guarantees of society. Article 13 Venues for religious activities approved to be opened, and their Buddhist monks and nuns, may receive voluntary alms and tribute from followers, under the principle of not influencing production or livelihoods. But they are forbidden to go to agricultural and pastoral areas and cities and towns to obtain property and labor in the name of [doing such things as] restoring a temple or casting an image of the Buddha, and are also forbidden to accept contracted land from the masses. Article 14 All levels of government and residence (village) committees shall earnestly bear responsibility and adopt measures for strengthening the management of Buddhist monks and nuns scattered amidst society. Article 15 The Buddhist Association is a mass organization of personages from religious circles and religious believers, and a bridge for the Party and government to unite and educate personages from religious circles and the believing masses. Its effectiveness shall be vigorously brought into play under the administrative leadership of the government's religious affairs department. Article 16 The Buddhist Association shall carry on the tradition of self-education; take the initiative to organize members and working personnel for regular study of current political affairs; carry out education in such [topics] as patriotism, socialism, ethnic unity, and national laws and regulations, and continuously heighten consciousness on safeguarding unification of the motherland, opposing separatism, being patriotic and abiding by the law, and strengthening ethnic unity. Article 17 The Buddhist Association shall, according to the tasks stipulated in the constitution of the association, research and formulate a work plan. [The Buddhist Association] shall focus work on guiding and helping the Democratic Management Committee (group) of each venue for religious activities earnestly implement the "Rules for Democratic Management of Tibetan Buddhist Temples" (trial rules); strengthen relations between Buddhist monks and nuns and the believing masses; guide the Buddhist activities of temples; and assist in planning such matters as the livelihoods of Buddhist monks and nuns, production, public order in the temple, and the study of current political affairs. It shall also positively assist the government in doing work pertaining to unity between the believing and non-believing masses. Article 18 The autonomous region's ethnic and religious affairs commission shall help support the Chinese Buddhist Association's Tibet branch earnestly manage the scripture study classes at the Tibetan Institute of Buddhism and each temple, and in a planned manner foster a religious personnel team that has an ardent love of the motherland, accepts party and government leadership, supports the socialist system, safeguards unification of the motherland and ethnic unity, possesses religious knowledge, and can connect with the masses. Article 19 Our region’s religious organizations shall, on the basis of equality and friendship and independence and autonomy, actively take the initiative to develop religion-related foreign exchanges. During these exchanges, they shall not accept the domination of foreign forces. Article 20 When our region’s religious organizations invite foreign religious organizations, or receive an invitation to make a visit or to participate in such exchange activities as academic exchanges, it is necessary to obtain approval from the autonomous region's people's government or the State Council's Religious Affairs Bureau. Major activities involving foreign affairs shall be reported to the State Council for examination and approval. Article 21 In the process of developing foreign exchange and cooperation, when the relevant department signs the relevant items involving foreign religious organizations and their subsidiary organizations or people, terms with religious content such as related to proselytizing, establishing religious organizations, and constructing temples are forbidden. Article 22 When non-religious organizations invite or receive various organizations with a religious background or an influential religious personage to visit, travel, etc., they shall promptly inform the autonomous region's ethnic and religious affairs commission of the situation. Article 23 Our region’s religious organizations and venues for religious activities shall resolutely resist all sorts of illegal activities carried out by foreign forces utilizing such methods as constructing temples, leading religious activities, or confirming soul boys [children who are the reincarnations of lamas] in an attempt to control our region’s temples. Article 24 All religious organizations, venues for religious activities, and persons are forbidden from accepting foreign funds with conditions attached such as subsidies and those for proselytizing. Religious organizations, venues for religious activities, and individuals receiving large donations from foreign religious organizations and believers shall obtain approval from the autonomous region's people's government or the State Council's Religious Affairs Bureau. Article 25 Resolutely attack such criminal activities as using religion to incite a disturbance, manufacturing chaos, carrying out the separation of the motherland, destroying ethnic unity, and throwing public order into chaos. Where a small number of Buddhist monks and nuns from specific venues for religious activities repeatedly participate in creating a disturbance, those who carry out separatist sabotage activities shall be handled by looking at the situation, distinguishing circumstances, and separately adopting such measures as education or rectification. Article 26 As for religious books and periodicals, and religious audio and video appliances with reactionary content such as [that which] incites "Tibetan Independence," [the matter] shall be strictly examined and handled in accordance with the measures stipulated in Document No. 35 (1990) issued by the six units including the autonomous region ethnic and religious affairs commission. Article 27 When publishing works touching upon religion, the propaganda and publishing departments shall do a rigorous final check, and not permit violations of party and state religious policy, or harm to the religious sentiments of the believing masses, nor permit utilizing religion to distort history, or harm national unification and ethnic unity. Article 28 According to the "decentralize custody, active use" principle, every venue for religious activities shall strengthen its management of religious relics, and emphasize guarding against theft and fire. Religious relics must not be presented as gifts, be transferred, or be offered for sale as one pleases. All levels of the cultural relics department shall help venues for religious activities protect religious relics, and every venue for religious activities shall also assist all levels of the cultural relics department with their work on the use of religious relics, letting religious relics play their due role in safeguarding unification of the motherland, publicizing Tibet, and expanding influence abroad. Article 29 The right to interpret these measures rests with the autonomous region's ethnic and religious affairs commission. Article 30 These measures enter into force on the day that they are promulgated.

Gansu Province Temporary Provisions on Management of Religious Affairs (Chinese Text)

People's Republic of China General Administration of Customs Regulations on the Administration of Printed Materials and Audio/Visual Materials Imported or Exported by Individuals Via Carriage or Post (Partial CECC Translation and Chinese Text)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Regulations on Customs' Administration of Printed Materials and Audio/Visual Materials Imported or Exported by Individuals Via Carriage or Post," issued by the General Administration of Customs, on June 11, 1991. The Chinese text was retrieved from the China Customs <a href="https://www.customs.gov.cn/Default.aspx?TabID=433&InfoID=4409&SettingModuleID=1429">Web site</a> on February 22, 2006.<br> Article 4: Any printed materials or audio/visual materials with any of the following contents shall be prohibited from being brought into China: 1. Attacking any relevant regulations of the Constitution of the People's Republic of China; slandering any policies of the nation currently in effect; defaming any Party or national leaders; inciting the carrying out of subversion or destruction of the People's Republic of China or creating division among ethnic groups; or advocating "two Chinas" or "Taiwan independence." 4. Anything else that is harmful to the government, economy, culture, or morals of the People's Republic of China.

Interim Provisions on the Administration of Newspapers (Superseded 2005-12-01) (CECC Partial Translation)

NOTE: These Provisions were superseded by the 报纸出版管理规定 (<a href="/pages/virtualAcad/index.phpd?showsingle=26930">Rules on the Administration of Newspaper Publishing</a>) which became effective on December 1, 2005. The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Interim Provisions on the Administration of Newspapers" issued by the General Administration for Press and Publication on December 25, 1990. The Chinese text was retrieved from the General Administration for Press and Publication Web site. Article 2: As used in these rules, a 'newspaper' refers to an unbound serial publication with a fixed name, period, and commencement date that has news as its primary content and which is published at least once a week. With respect to the administration of existing publications that are unbound serial publications in the form of newspapers that do not have news as their primary content or which are published less than once a week, these rules shall also be applicable. Article 7: The nation's newspaper enterprises constitute an important part of the Communist Party's socialist news enterprise, and shall persistently adhere to the path of serving socialism and serving the people, and persistently adhere to the highest standards for the benefit of society, propagate Marxism and Maoist thought, propagate the path and policies of the Chinese Communist Party and the People's Republic of China; transmit information and scientific technology, cultural knowledge, and provide healthy entertainment for the masses of people; reflect the opinions and suggestions of the masses of people, and bring about the fruits of monitoring the news consensus. Article 24: Newspapers must undergo authorization by, and registration with, the relevant press and publication administrative management agency, otherwise it shall be deemed illegal publishing.

Measures for the Implementation of the Law on the Protection of State Secrets (CECC Partial Translation and Chinese text)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Measures for the Implementation of the Law on the Protection of State Secrets" issued by the National Administration for Protection of State Secrets on April 25, 1990. <HR> Article 4: Any matter which would give rise to any of the following consequences if it were divulged, shall be brought within the scope of a state secret and a specific secrecy classification: (i) jeopardizes the ability of the national government to maintain stability and defend itself; (ii) affects the integrity of the nation's unity, solidarity among peoples or social stability; (iii) harms political or economic interests of the nation with respect to the outside world; (iv) affects the safety of any national leader or foreign dignitary; (v) hinders important national safety or health work; (vi) causes a reduction in the effectiveness or reliability of any measures to protect state secrets; (vii) weakens the nation's economy or technological strength; (viii) causes any national organ to lose its ability to exercise its legal authority. Article 13. Documents, data, and other materials that are considered state secrets shall be affixed with a secrecy classification by the agency which determines its secrecy classification. Those which have their secrecy classification determined in accordance with Articles 10 and 11 of these Measures shall be affixed with a secrecy classification by the agency or work unit which submitted the application for its secrecy classification. For items that are considered state secrets that cannot be affixed with a secrecy classification, the agency or work unit that produced the item shall be responsible for notifying personnel of the scope of its distribution.

Regulations Concerning Foreign Journalists and Permanent Offices of Foreign News Agencies (Chinese and English Text)

The following <A HREF="https://www.fmprc.gov.cn/eng/xwfw/jzfw/3635/Part%20V/t25155.htm">translation</A> was retrieved from the Ministry of Foreign Affairs Web site on December 30, 2006. The <A HREF="https://www.gdfao.gov.cn/zcfg/xwfg/200605160038.htm">Chinese text</A> was retrieved from the People's Government of Guangdong Province, Foreign Affairs Office Web site on October 31, 2007. <HR> Regulations Concerning Foreign Journalists and Permanent Offices of Foreign News Agencies 2003/08/20 Article 1: The present Regulations are formulated for the purpose of promoting international exchanges and the dissemination of information and regulating the activities in China of foreign journalists and permanent offices of foreign news agencies so as to facilitate their journalistic work. Article 2: The present Regulations shall apply to resident foreign correspondents, foreign reporters for short-term news coverage (both of whom are referred to as foreign journalists) and permanent offices of foreign news agencies. Resident foreign correspondents refer to the career journalists dispatched by foreign news agencies, in accordance with the present Regulations, to be stationed in China for more than six months for news coverage and reporting. Foreign reporters for short-term news coverage refer to the career journalists who come to China and stay for six months or less for news coverage and reporting in accordance with the present Regulations. Permanent offices of foreign news agencies refer to branch offices with one or more staff members established in China by foreign news agencies for news coverage and reporting in accordance with the present Regulations. Articles 3: The Government of the People's Republic of China shall protect according to law the legitimate rights and interests of foreign journalists and of the permanent offices of foreign news agencies and provide them with facilities for their normal journalistic activities. Foreign journalists and permanent offices of foreign news agencies must abide by the laws and regulations of the People's Republic of China. Article 4: The Ministry of Foreign Affairs of the People's Republic of China (hereinafter referred to as the Foreign Ministry) is the competent authority in charge of the foreign journalists and the permanent offices of foreign news agencies in China. Article 5: Foreign news agencies wishing to send resident correspondents to China shall submit their applications to the Information Department of the Foreign Ministry (hereinafter referred to as the Information Department). Their applications shall be signed by heads of their respective headquarters and shall contain the following elements and papers: 1.)Basic facts about the news agency concerned; 2.)The name, sex, age, nationality, position, curriculum vitae and the place of intended residence of the correspondent to be sent; and 3.)The career correspondent certificate of the said correspondent. In case of one resident correspondent to be sent by two or more foreign news agencies, these agencies shall submit separate applications according to the provisions of the preceding paragraph and indicate in their respective applications the posts held concurrently by the said correspondent. Article 6: Upon approval of the application, the resident foreign correspondent to be sent shall, within 7 days of his/her arrival in China, register with the Information Department on presentation of an appointment letter signed by head of the headquarters of the said news agency and his/her passport, and obtain his/her Foreign Journalist Card. Resident foreign correspondents to reside in places beyond Beijing shall, within 7 days of their arrival in China, go through the procedures as prescribed by the preceding paragraph at the relevant foreign affairs offices of the local people's governments entrusted by the Information Department (hereinafter referred to as the authorities entrusted by the Information Department). Article 7: Foreign news agencies shall apply to the Information Department in order to set up their permanent offices in China. Their applications shall be signed by their legal representatives and shall contain the following elements and papers: 1.)Basic facts about the news agency concerned; 2.)The name of the office to be set up in China, the place of intended residence, business scope, number of staff, and the name, sex, age, nationality, position and c. v. of the head of the office and other members; and 3.)A copy of the registration certificate of the said news agency issued by its home country. Article 8: Upon approval of the application, head of the permanent office to be set up shall, within 7 days of his/her arrival in China, register with the Information Department on presentation of an appointment letter signed by the legal representative of the foreign news agency concerned and his/her passport and the passports of other members, and obtain the Certificate for Permanent Office of Foreign News Agency in China. Head of a permanent office of a foreign news agency in a place beyond Beijing shall, within 7 days of his/her arrival in China, go through the procedures as prescribed by the preceding paragraph at the authorities entrusted by the Information Department. Article 9: If a foreign news agency wishes to send an acting correspondent in the absence of its resident correspondent in China for a period of more than one month and less than six months, head of the agency's headquarters shall in advance submit to the Information Department or the authorities entrusted by it a written application plus a document containing the name, sex, age, nationality, position, c. v. of the acting correspondent and his/her career correspondent certificate. The acting correspondent may not engage in journalistic activities unless he/she obtains approval and the necessary documents. Article 10: Resident foreign correspondents shall apply to the Information Department or the authorities entrusted by it for examination and renewal of their Foreign Journalist Cards once every full year. Whoever fails to go through such procedure 30 days after the prescribed time without valid reasons will automatically forfeit his/her status of resident foreign correspondent. A permanent office of a foreign news agency shall submit an application to the Information Department for any replacement of its head, change in the size of its staff and other important changes, and upon approval, go through the necessary procedures accordingly. Article 11: For foreign journalists wishing to come to China to cover a visit by head of state or government or foreign minister of a country, the Ministry of Foreign Affairs of that country shall apply in advance to the Chinese Foreign Ministry for approval on their behalf. Article 12: Foreign reporters or journalist groups who wish to come to China for news coverage on a short-term basis shall file applications to a Chinese embassy or consulate abroad or to the departments concerned in China. Upon approval, the said reporters or groups shall go through the procedures for visas at a Chinese embassy or consulate abroad or a visa-issuing organ authorized by the Foreign Ministry. Foreign reporters or journalist groups that are invited by a Chinese organization for short-term news coverage in China shall apply for visas at a Chinese embassy or consulate abroad or a visa-issuing organ authorized by the Foreign Ministry on presentation of an invitation letter or cable. Article 13: A Chinese host organization shall be responsible for the arrangements of the short-term news coverage activities in China by foreign journalists and render them assistance in this regard. Foreign reporters for short-term news coverage shall obtain permission from their host organization for news coverage on extended stay in China with valid reasons and shall go through formalities for extension of their visas in accordance with the relevant regulations. Article 14: Foreign journalists and permanent offices of foreign news agencies shall conduct journalistic activities within the scope of business as registered or within the mutually agreed plan for news coverage. Foreign journalists and permanent offices of foreign news agencies shall observe journalistic ethics and shall not distort facts, fabricate rumors or carry out news coverage by foul means. Foreign journalists and permanent offices of foreign news agencies shall not engage in activities which are incompatible with their status or tasks, or which endanger China's national security, unity or community and public interests. Article 15: Foreign journalists shall apply for approval through the Information Department to interview top leaders of China, and shall apply to the relevant foreign affairs departments for approval for news coverage regarding China's government departments or other departments. Foreign journalists shall obtain in advance permission from the foreign affairs office of the people's government of a province, autonomous region or municipality directly under the Central Government for news coverage in an open area in China. They shall submit a written application to the Information Department for permission to cover news in a non-open area in China. Upon approval, they shall go through formalities for travel documents from the relevant public security organ. Article 16: Resident foreign correspondents and permanent offices of foreign news agencies shall rent living and office spaces in accordance with the relevant Chinese regulations. Resident foreign correspondents and permanent offices of foreign news agencies may employ Chinese citizens as staff members or service personnel through local foreign affairs service departments, and employ citizens of their home country or a third country as staff members or service personnel subject to approval from the Information Department. Article 17: Foreign journalists and permanent offices of foreign news agencies shall not install transceivers or satellite communications facilities in China. They shall apply to the competent telecommunications department of the Chinese Government for approval to use walkie-talkie or similar facilities. Foreign reporters for short-term news coverage in China shall apply to the Foreign Ministry for approval to carry with them or install satellite communications facilities for special reasons. Article 18: Resident foreign correspondents shall notify in writing the Information Department of their departure 30 days before they leave their posts and have their Foreign Journalist Cards cancelled in the Information Department or the authorities entrusted by it before their departure from China. A permanent office of a foreign news agency in China shall notify the Information Department of its closure 30 days beforehand and, after closure, hand in the Certificate for Permanent Office of Foreign News Agency to the Information Department or the authorities entrusted by it for cancellation. Article 19: In case of violation of the present Regulations by foreign journalists or permanent offices of foreign news agencies in China, the Information Department may, on the merits of each case, give them warning, suspend or stop their journalistic activities in China, or revoke their Foreign Journalist Cards or Certificate for Permanent Office of Foreign News Agency. Cases involving violations of the "Law of the People's Republic of China on Control of the Entry and Exit of Aliens" or other laws and regulations shall be dealt with by the competent Chinese authorities according to law. Article 20: Foreigners and foreign agencies other than the foreign journalists and permanent offices of foreign news agencies as specified in the present Regulations shall not engage in journalistic activities in China. Appropriate penalties shall be meted out to any violators by the Chinese public security organs in the light of the extent of seriousness of each case. Article 21: The power to interpret the present Regulations is vested in the Ministry of Foreign Affairs of the People's Republic of China. Provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures in accordance with the present Regulations. The present Regulations shall come into force on the day of its promulgation. The Provisional Regulations of the State Council of the People's Republic of China Concerning Resident Correspondents of Foreign News Agencies promulgated by the State Council on 9 March 1981 shall expire as of the same day.

Interim Provisions on the Administration of Periodicals (CECC Partial Translation)

NOTE: These Provisions were superseded by the 期刊出版管理规定 (Rules on the Administration of Periodical Publishing) which became effective on December 1, 2005. <HR>The following is a CECC staff partial translation.<HR> Article 6: The administration of periodicals shall adopt the method of separation of systems and unification of channels of the exececutive management agencies of news publishing. The Party's and State Council's ministries, commissions, agencies, all democratic parties people's organizations, and all systems of the localities shall earnestly implement the administration of the periodicals of their respective units. All periodicals shall also accept the guidance and administration of the press and publication executive administration agency. Article 38: Anyone engaging in periodical publishing, printing, or distribution activities who, in violation of national regulations, fails to get authorization and register, presumes to engage in periodical publishing activities, or who buys, counterfeits, or forges a periodical name, registration number or other instrument shall have criminal responsibility investigated by the justice department in accordance with law. Where the behavior does not constitute a crime, it shall be subject to punishment in accordance with relevant regulations by the press and publication executive administration agency, the industry and commerce executive administration agency, and the public security bureau within their jurisdiction.

1989 Law on Guarding State Secrets (Chinese and English Text)

Organic Law of the National People's Congress of the People's Republic of China

Organic Law of the State Council of the People's Republic of China