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全国人民代表大会常务委员会关于修改《中华人民共和国民族区域自治法》的决定 附:修正本 Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Regional National Autonomy

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颁布日期:20010228  实施日期:20010228  颁布单位:全国人大常委会

  Order of the President of the People's Republic of China

  No.46

  The Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Regional National Autonomy, adopted at the 20 th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on February 28,2001, is hereby promulgated and shall go into effect as of the date of promulgation.

  Jiang Zemin

  President of the People's Republic of China

  February 28,2001

  (Adopted at the 20th Meeting of the Standing Committee of the Ninth National People's Congress on February 28,2001)

  At its 20th Meeting, the Standing Committee of the Ninth National People's Congress made the decision on amending the Law of the People's Republic of China on Regional National Autonomy as follows:

  1.The first natural paragraph of the Preface is revised to read:“The People's Republic of China is a unitary multinational State created jointly by the people of all its nationalities. Regional national autonomy is the basic policy adopted by the Communist Party of China for the solution of the national question in China through its application of Marxism-Leninism; it is a basic political system of the State.”

  The third natural paragraph is revised to read:“Regional national autonomy has played an enormous role in giving full play to the initiative of all the nationalities as masters of the country, in developing among them a socialist relationship of equality, unity and mutual assistance, in consolidating the unification of the country and in promoting socialist construction in the national autonomous areas and the rest of the country. In the years to come, continued efforts shall be made to uphold and improve the system of regional national autonomy, so that it will play a greater role in the country's socialist modernization drive.”

  The fifth natural paragraph is revised to read:“Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, the people of various nationalities in the autonomous areas shall, together with the people of the whole country, adhere to the people's democratic dictatorship and to the policy of reform and opening to the outside world, march along the road of constructing socialism with Chinese characteristics, concentrate their efforts on the socialist modernization drive, develop the socialist market economy, foster the development of socialist democracy and the socialist legal system, enhance socialist cultural and ideological progress, speed up the economic and cultural development of the national autonomous areas, work towards their unity and prosperity and strive for the common prosperity of all the nationalities and for the transformation of China into a prosperous, powerful, democratic and culturally advanced socialist country.”

  2.The second paragraph of Article 14 is revised to read:“Once established, no national autonomous area may, without legal procedures, be abolished or merged. Once defined, no boundaries of a national autonomous area may, without legal procedures, be altered. Where abolition or merger or alteration is really required, it shall be proposed by the relevant department of the State organ at the next higher level after full consultation with the organ of self-government of the national autonomous area before it is submitted for approval according to legal procedures.”

  3.The first paragraph of Article 17 is revised to read:“The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned. Other posts in the people's government of an autonomous region, an autonomous prefecture or an autonomous county shall rationally be assumed by people of the nationality exercising regional autonomy and of the of other minority nationalities in the area concerned.”

  4.Article 18 is revised to read:“The cadres in the departments under the organs of self-government of a national autonomous area shall rationally be chosen from among citizens of the nationality exercising regional autonomy and of the other minority nationalities in the area.”

  5.Article 19 is revised to read:“The people's congresses of national autonomous areas shall have the power to enact regulations on the exercise of autonomy and separate regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The regulations on the exercise of autonomy and separate regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval before they go into effect. The regulations on the exercise of autonomy and separate regulations of autonomous prefectures and autonomous counties shall be submitted to the standing committees of the people's congresses of provinces, autonomous regions or municipalities directly under the Central Government for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress and the State Council for the record. ”And“municipalities directly under the Central Government”shall be added after“autonomous regions”in Articles 16,34and 35respectively.

  6.Article 20 is revised to read:“If a resolution, decision, order or instruction of a higher level does not suit the conditions in a national autonomous area, the organ of self-government of the area may either implement it with certain alterations or cease implementing it after reporting to and receiving the approval of the State organ at a higher level; the said State organ shall give a reply within 60 days from the date of receipt of the report.”

  7.One paragraph is added to Article 22 as the second paragraph, which reads:“When recruiting working staff, the organ of self-government of a national autonomous area shall give appropriate considerations people of the nationality exercising regional autonomy and of other minority nationalities in the area.”

  8.Article 23 is revised to read:“When recruiting personnel in accordance with State regulations, enterprises and institutions in national autonomous areas shall give priority to minority nationalities and may enlist them from the population of minority nationalities in rural and pastoral areas.”

  9.Article 25 and Article 26 are merged to be Article 25 and revised to read:“Under the guidance of State plans, organs of self-government of national autonomous areas shall, in the light of local characteristics and needs, work out the guidelines, policies and plans for economic development and independently arrange for and administer local economic development.”

  10.The first paragraph of Article 27 is changed to be Article 26, which is revised to read:“Given the prerequisite of adherence to the principles of socialism, the organs of self-government of national autonomous areas shall, in accordance with legal stipulations and in the light of the characteristics of local economic development, rationally readjust the relations of production and the economic structure, and work hard to develop the socialist market economy.”

  11.The second paragraph of Article 28 is changed to be the second paragraph of Article 27, which is revised to read:“The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and make arrangements for and encourage the planting of trees and grass. Destruction of grasslands and forests by any organization or individual by whatever means shall be prohibited. Reclamation of land from grasslands or forests by destroying grass or trees shall strictly be prohibited.”

  12.Article 31 is deleted.

  13.Article 32 is changed to be Article 31, and the third paragraph is revised to read:“While conducting and trade activities with foreign countries, the national autonomous areas shall enjoy preferential treatment by the State.”

  14.Article 33 is changed to be Article 32, and the third and fourth paragraphs are merged and revised to read:“Under the unified national financial system, a national autonomous area shall enjoy preferential treatment by the financial department at a higher level through the standard financial transfer payment system exercised by the State.”

  15.One article is added as Article 35, which reads:“A national autonomous area may, in the light of the needs of the local economic and social development and in accordance with the stipulations of laws, set up local commercial banks and urban and rural credit cooperative organizations.”

  16.The first paragraph of Article 37 is revised to read:“The organs of self-government of national autonomous areas shall independently develop education for the nationalities by eliminating illiteracy, setting up various kinds of schools, spreading nine-year compulsory education, developing regular senior secondary education and secondary vocational and technical education in various forms, and developing higher education, where possible and necessary, so as to train specialized people from among all the minority nationalities.”

  The second paragraph is revised to read:“The organs of self-government of national autonomous areas shall set up public primary schools and secondary schools, mainly boarding schools and schools providing subsidies, in pastoral areas and economically underdeveloped, sparsely populated mountain areas inhabited by minority nationalities, so as to ensure that the students at school accomplish their schooling at the compulsory education stage. The expenses for running schools and for subsidies shall be handled by the local governments. If it is difficult for the local governments to do so, the governments at a higher level shall give them allowances.”

  The third paragraph revised to read:“School(classes and grades)and other institutions of education where most of the students come from minority nationalities shall, whenever possible, use textbooks in their own languages and use their languages as the media of instruction. Classes for the teaching of Chinese (the Han language)shall, where possible, be opened for junior or senior grades of primary schools to popularize putonghua(the common speech based on Beijing pronunciation)and standard Chinese characters.”

  One paragraph is added as the fourth paragraph, which reads:“People's governments at various levels shall give financial support to the compilation translation and publishing of teaching materials and publications in languages of minority nationalities.”

  17.The first paragraph of Article 38 is revised to read:“The organs of self-government of national autonomous areas shall independently develop literature, art the press, publishing, radio broadcasting, the film industry, television and other cultural undertakings in forms and with characteristics unique to the nationalities, and increase their input in cultural undertakings, provide improved cultural facilities and speed up the development of various cultural undertakings.”

  The second paragraph is revised to read:“The organs of self-government of national autonomous areas make arrangements for the units or departments concerned and support them in their efforts to collect, sort out, translate and publish historical and cultural books of minority nationalities and protect the scenic spots and historical sites in their areas their precious cultural relics and their other important historical and cultural legacies, so as to inherit and develop their outstanding traditional culture.”

  18.The second paragraph of Article 40 is revised to read:“The organs of self-government of national of national autonomous areas shall see to a more effective prevention and control of contagious and endemic diseases, provide better protection for the health of women and children, and improve medical and sanitary conditions.”

  19.One paragraph is added to Article 44 as the first paragraph, which reads:“The policy of family planning and good prenatal and postnatal care shall be carried out in national autonomous areas in order to enhance the population quality of all the nationalities.”

  20.Article 45 is revised to read:“The organs of self-government of national autonomous areas shall protect and improve the living environment and the ecological environment and shall prevent and control pollution and other public hazards, so as to bring about the coordinated development of population, resources and environment.”

  21.Article 47 is revised to read:“In the prosecution and trial of cases, the People's Courts and People's Procuratorates in national autonomous areas shall use the language commonly used in the locality, and they shall rationally be manned with persons who are familiar with the spoken and written languages of minority nationalities commonly used in the locality. The People's Courts and People's Procuratorates shall provide translation and interpretation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality. Legal documents shall be prepared, in the light of actual needs, in the language or languages commonly used in the locality. The right of citizens of the various nationalities to use the spoken and written languages of their own nationalities in court proceedings shall be safeguarded.”

  22.The second paragraph of Article 50 is revised to read:“The organ of self-government of a national autonomous area shall help the various nationalities in the area develop their economic, educational, scientific and technological, cultural, public health and physical culture affairs.”

  23.The title of Chapter Vi is changed:“Responsibilities of State Organs at Higher Levels.”

  24.The first paragraph of Article 55 is revised to read:“State organs at higher levels shall give assistance and guidance to national autonomous areas in research, formulation and implementation of their economic development strategy, and provide financial, monetary, material and technical assistance and skilled people to them to help accelerate the development of their economic, educational, scientific and technological, cultural, pubic health and physical culture affairs.”

  One paragraph is added as the second, which reads:“The State shall formulate preferential policy to guide and encourage investment of domestic and foreign capital in national autonomous areas.”

  25.One article is added as Article 56,which reads:“The State shall, in accordance with unified planning and market demand, give first priority to national autonomous areas when making rational arrangements for resource development projects and infrastructure projects, The State shall appropriately increase the proportion of investment and the proportion of policy-oriented bank loans in the investment in major infrastructure projects.”“Where counterpart funding is required of national autonomous areas for infrastructure projects arranged by the State there, the State may give them preferential treatment by reducing or exempting the counterpart funding, as the case may be,”“The State shall help national autonomous areas to speed up the development of applied science and technology and the transformation of scientific and technological achievements, vigorously spread the use of applied technology and develop new and high technology, where conditions permit, and actively guide the rational flow of talented scientists and technologists into national autonomous areas, When transferred construction projects are provided to national autonomous areas, the State shall, in the light of local conditions, provide advanced and suitable equipment and techniques to them.”

  26.One article is added as Article 57, which reads:“The State shall, in the light of the characteristics and needs of economic development in national autonomous areas, made comprehensive use of the monetary market and the capital market to increase its monetary support to the areas. Banking institutions shall focus their support on the projects of investment in fixed assets and the enterprises conforming to projects of State industrial policy in national autonomous areas by meeting their rational need of funds in the fields of resource exploitation and diversified economic development.”“The State shall encourage commercial banks to increase their credit input to national autonomous areas and actively satisfy the rational need for funds by local enterprises.”

  27.One article is added as Article 58, which reads:“State organs at higher levels shall help the enterprises in national autonomous areas to make technical innovation and upgrade their industrial structure in the financial, monetary and skilled personnel fields.”“State organs at higher levels shall make arrangements for and encourage the managerial and technical personnel of enterprises in national autonomous areas to go to the economically developed areas and learn from them, and at the same time guide and encourage the managerial and technical personnel of enterprises in the economically developed areas to go and work in enterprises in national autonomous areas.”

  28.Article 57 is changed to be Article 60 and is revised to read:“In accordance with the State policy for trade with the minority nationalities and in the light of the need of national autonomous areas, State organs at higher levels shall support the commercial, supply and marketing, and medical and pharmaceutical enterprises in national autonomous areas in the fields of investment, finance and taxation.”

  29.One article is added as Article 61, which reads:“The State shall formulate preferential policies to support national autonomous areas in their efforts to develop economic relations and trade with foreign countries, extend decision-making power of the manufacturing enterprises of national autonomous areas in the management of foreign trade enterprises, encourage them to develop their local superstandard products for export, and carry out the preferential policy for border trade.”

  30.Article 58 is changed to be Article 62 and is revised to read:“As the national economy grows and financial revenues increase, governments at higher levels shall gradually increase the financial transfer payment with regard to national autonomous areas. Through general financial transfer payment, special financial transfer payment, financial transfer payment governed by preferential policy towards minority nationalities, and through other means adopted by the State, more funds shall be put into national autonomous areas, to be used for speeding up economic development and social progress in the said areas, so as to gradually narrow the gap between such areas ad the economically developed areas.”

  31.Article 59 is deleted.

  32.Article 60 is changed to be Article 63 and is revised to read:“In matters of investment, finance, taxation, etc., State organs at higher levels shall support national autonomous areas in their efforts to improve the production conditions of agriculture, animal husbandry and forestry as well as infrastructure such as water conservancy, transportation, energy and communications; they shall help national autonomous areas in the rational exploitation of local resources to develop local industry, town and township enterprises, small and medium-sized enterprises as well as the production of goods specially needed by minority nationalities and of their traditional handicrafts.”

  33.Article 61 is changed to be Article 64 and is revised to read:“State organs at higher levels shall enlist the efforts of, support and encourage the economically developed areas in pursuing economic and technological cooperation with national autonomous areas and giving assistance to their counterparts there at different levels and in many-sided ways, so as to help promote the development of the economic, educational, scientific and technological, cultural, public health and physical culture affairs there.”

  34.Article 62 is changed to be Article 65, and the first paragraph is revised to read:“While exploiting resources and undertaking construction in national autonomous areas, the State shall give consideration to the interests of these areas, make arrangements favorable to the economic development there and pay proper attention to the productive pursuits and the life of the minority nationalities there. The State shall take measures to give due benefit compensation to the national autonomous areas from which the natural resources are transported out.”

  One paragraph is added as the second paragraph, which reads:“The State shall guide and encourage enterprises in the economically developed areas to make inveltment in national autonomous areas and carry out economic cooperation in various forms on the principle of reciprocity and mutual benefit.”

  35.One article is added as Article 66, which reads:“State organs at higher levels shall incorporate major construction projects designed to maintain ecological balance and protect the environment in an all-round way in national autonomous areas into the national economic and social development plan for the benefit of unified arrangements.”“Where national autonomous areas make contribution to the ecological balance and environmental protection of the State, the State shall give them due benefit compensation.”“While exploiting resources and undertaking construction in national autonomous areas, the organizations or individuals shall take effective measures to protect and improve local living and ecological environment and to prevent and control pollution and other public hazards.”

  36.The second and third paragraphs of Article 62 are merged to be Article 67 and revised to read:“Enterprises and institutions affiliated to State organs at higher levels but located in national autonomous areas shall give priority to local minority nationalities when recruiting personnel in accordance with the regulations of the State.”“Enterprises and institutions in national autonomous areas shall respect the power of autonomy of local organs of self-government, observe the local regulations on the exercise of autonomy and separate regulations as well as the local rules and regulations, and subject themselves to supervision by such organs.”

  37.One article is added is Article 69,which reads:“The State and the people's governments at higher levels shall provide greater support to the poverty-stricken areas in national autonomous areas in the financial, monetary, material, technological and trained personnel fields so as to help the poor population there to shake off poverty as soon as possible and to become well off.”

  38.Article 65 is changed to be Article 71 and is revised to read:“The State shall increase its input to education in autonomous areas and take special measures to help them speed up the popularization of nine-year compulsory education and develop other educational undertakings, in order to raise the scientific and cultural levels of the people of local nationalities.”“The State shall set up institutes of nationalities and, in other institutions of higher education, nationality-oriented classes and preparatory classes that exclusively or mainly enroll students from minority nationalities. Preferred enrollment and preferred assignment of jobs may also be introduced. Inenrollment, institutions of higher education and secondary technical school shall appropriately set lower standards and requirements for the admission of students from minority nationalities, and special consideration shall be given to the admission of students from minority nationalities with thin populations. People's governments at various levels and schools shall take various measures to help the minority nationality students from families in financial difficulties to accomplish their schooling.”“The State shall set up secondary schools of nationalities or nationality-oriented classes in regular secondary schools in the economically developed areas to enroll students from minority nationalities and provide them with secondary education.”“The State shall help national autonomous areas to cultivate and train teachers of all nationalities, The State shall make arrangements for and encourage teachers of all nationalities and graduates of all nationalities who are qualified for such jobs to be engaged in educational and teaching work in national autonomous areas, and shall afford them appropriate preferential treatment.”

  39.One article is added to the “Supplementary Provisions”of Chapter VII as Article 73,which reads:“The State Council and the relevant departments under it shall, within the limits of their functions and powers, respectively formulate administrative rules and regulations, specific measures and methods for the implementation of this Law.”“The people's congresses and their standing committees of autonomous regions, and of provinces and municipalities directly under the Central Government with autonomous prefectures or autonomous counties under them shall, in the light of the actual local circumstances, formulate specific methods for the implementation of this Law.”

  This Decision shall be implemented as of the date of its issuance.

  Corresponding revisions shall, in accordance with this Decision, he made to the “Law of the People's Republic of China on Regional National Autonomy”, and the order of articles of he Law shall be rearranged accordingly before the Law is promulgated anew.

  Appendix:

  Law of the People's Republic of China on Regional National Autonomy

  (Adopted at the Second Session of the Sixth National People's Congress on May 31, 1984, amended in accordance with the Decision on the Amending the Law of the People's Republic of China on Regional National Autonomy made at the 20th Meeting of the Standing Committee of the Ninth National People's Congress on February 28,2001)

  Contents

  Preface

  Chapter I General Provisions

  Chapter II Establishment of National Autonomous Areas and the Structure of the Organs of Self-Government

  Chapter III The Power of Autonomous of the Organs of Self-Government

  Chapter IV The People's Courts and People's Procuratorates of National Autonomous Areas

  Chapter V Relations Among Nationalities Within a National Autonomous Area

  Chapter VI Responsibilities of State Organs at Higher Levels

  Chapter VII Supplementary Provisions

  Preface

  The People's Republic of China is a unitary multinational State created jointly by the people of all its nationalities. Regional national autonomy is the basic policy adopted by the Communist Party of China for the solution of the national question in China through its application of Marxism-Leninism; it is a basic political system of the State.

  Regional national autonomy means that the minority nationalities, under unified State leadership, practise regional autonomy in areas where they live in concentrated communities and set up organs of self-government for the exercise of the power of autonomy. Regional national autonomy embodies the State's full respect for and guarantee of the right of the minority nationalities to administer their internal affairs and its adherence to the principle of equality, unity and common prosperity for all the nationalities.

  Regional national autonomy has played an enormous role in giving full play to the initiative of all the nationalities as masters of the country, in developing among them a socialist relationship of equality, unity and mutual assistance, in consolidating the unification of the country and in promoting socialist construction in the national autonomous areas and the rest of the country. In the years to come, continued efforts shall be made to uphold and improve the system of regional national autonomy, so that it will play a greater role in the country's socialist modernization drive.

  It has been proven by practice that adherence to regional national autonomy requires that the national autonomous areas be given effective guarantees for implementing State laws and policies in the light of existing local conditions; that large numbers of cadres at various levels and specialized personnel and skilled workers of various professions and trades be trained from among the minority nationalities; that the national autonomous areas strive to promote local socialist construction in the spirit of self-reliance and hard work and contribute to the nations construction as a whole; and that the State strive to help the national autonomous areas speed up their economic and cultural development in accordance with the plans for national economic and social development. In the effort to maintain the unity of the nationalities, both big-nation chauvinism, mainly Han chauvinism, and local national chauvinism must be opposed.

  Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, the people of various nationalities in the autonomous areas shall, together with the people of the whole country, adhere to the people's democratic dictatorship and to the policy of reform and opening to the outside world, march along the road of constructing socialism with Chinese characteristics, concentrate their efforts on the socialist modernization drive, develop the socialist market economy, foster the development of socialist democracy and the socialist legal system, enhance socialist cultural and ideological progress, speed up the economic and cultural development of the national autonomous areas, word towards their unity and prosperity and strive for the common prosperity of all the nationalities and for the transformation of China into a prosperous, powerful, democratic and culturally advanced socialist country.

  The“Law of the People's Republic of China on Regional National Autonomy ”is the basic law for the implementation of the system of regional national autonomy prescribed in the Constitution.

  Chapter I

  General Provisions

  Article 1 The Law of the people's Republic of China on Regional National Autonomy is formulated in accordance with the Constitution of the people's Republic of China.

  Article 2 Regional autonomy shall be practiced in areas where minority nationalities live in concentrated communities.

  National autonomous areas shall be classified into autonomous regions autonomous prefectures and autonomous counties.

  All national autonomous areas are integral parts of the People's Republic of China.

  Article 3 Organs of self-government shall be established in national autonomous areas as local organs of the State power at a particular level.

  The organs of self-government of national autonomous areas shall apply the principle of democratic centralism.

  Article 4 The organs of self-government of national autonomous areas shall exercise the functions and powers of local organs of the State as specified in Section 5 of Chapter Ⅲ of the Constitution. At the same time, they shall exercise the power of autonomy within the limits of their authority as prescribes by the Constitution, by this Law and other laws, and implement the laws and policies of the State in the light of existing local conditions.

  The organs of self-government of autonomous prefectures shall exercise the functions and powers of local State organs over cities divided into districts and cities with counties under theirs jurisdiction and, at the same time, exercise the power of autonomy.

  Article 5 The organs of self-government of national autonomous areas must uphold the unity of the country and guarantee that the Constitution and other laws are observed and implemented in these areas.

  Article 6 The organs of self-government of national autonomous areas shall lead the people of the various nationalities in a concentrated effort to promote socialist modernization.

  On the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall have the power to adopt special policies and flexible measures in the light of local conditions to speed up the economic and cultural development of these areas.

  Under the guidance of State plans and on the basis of actual conditions, the organs of self-government of national autonomous areas shall steadily increase labor productivity and economic results, develop social productive forces and gradually raise the material living standards of the people of the various nationalities.

  The organs of self-government of national autonomous areas shall inherit and carry forward the fine traditions of national cultures, build socialist society with an advanced culture and ideology and with national characteristics, and steadily raise the socialist consciousness and scientific and cultural levels of the people of the various nationalities.

  Article 7 The organs of self-government of national autonomous areas shall place the interests of the State as a whole above anything else and male positive efforts to fulfill the tasks assigned by State organs at higher levels.

  Article 8 State organs at higher levels shall guarantee the exercise of the power of autonomy by the organs of self-government of national autonomous areas and shall, in accordance with the characteristics and needs of these areas strive to help them speed up their socialist construction.

  Article 9 State organs at higher levels and the organs of self-government of national autonomous areas shall uphold and develop the socialist relationship of equality, unity and mutual assistance among all of China's nationalities. Discrimination against and oppression of any nationality shall be prohibited; any act that undermines the unity of the nationalities or instigates national division shall also be prohibited.

  Article 10 The organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas to use and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs.

  Article 11 The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various nationalities.

  Article 11 The organs of self-government of national of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various nationalities.

  No State organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may they discriminate against citizens who believe in ,or do not believe in, any religion.

  The State shall protect normal religious activities.

  No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the State.

  Religious bodies and religious affairs shall not be subject to any foreign domination.

  Chapter Ⅱ

  Establishment of National Autonomous Areas and the Structure of the Organs of Self-government

  Article 12 Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the light of local conditions such as the relationship among the various nationalities and the level of economic development, and with due consideration for historical background.

  Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority nationalities live in concentrated communities.

  Some residential areas and towns of the Han nationality or other nationalities may be in a national autonomous area in consideration of actual local conditions.

  Article 13 With the exception of special cases, the name of a national autonomous area shall be composed of the name of the locality and the name of the nationality and the administrative status, in that order.

  Article 14 The establishment of national autonomous area, the delineation of its boundaries and the elements of its name shall be proposed by the State organ at the nest higher level jointly with the State organ in the relevant locality, after full consultation with representatives of the relevant nationalities, before they are submitted for approval according to the procedures prescribed by law.

  Once established, no national autonomous area may, without legal procedures, be abolished or merged. One defined, no boundaries of a national autonomous area may, without legal procedures, be altered, Where abolition or merger or alteration is really required, it shall be proposed by the relevant department of the State organ at the next higher lever after full consultation with the organ of self-government of the national autonomous area before it is submitted for approval according to legal procedures.

  Article 15 The organs of self-government of national autonomous areas shall be the people's congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties.

  The people's governments of national autonomous areas shall be responsible to and report on their work to the people's congresses at corresponding levels and to the administrative organs of the State at the next higher level. When the people's congresses at corresponding levels are not in session, they shall be responsible to and report on their work to the standing committees of these people's congresses, The people's governments of all national autonomous areas shall be administrative organs of the State under the unified leadership of the State Council and shall be subordinate to it .

  The organization and work of the organs of self-government of national autonomous areas shall be specified in these areas' regulations on the exercise of autonomy or separate regulations, in accordance with the Constitution and other laws.

  Article 16 In the people's congress of a national autonomous areas, in addition to the deputies from the nationality exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation.

  The number and proportion of deputies to the people's congress of a national autonomous area from the national exercising regional autonomy and from the other minority nationalities shall be decided upon by the standing committee of the people's congress of a province, an autonomous region or a municipality directly under the Central Government, in accordance with the principles prescribed by law, and shall be reported to the Standing Committee of the National People's Congress of the record.

  Among the chairman and rice-chairmen of the standing committee of the people's congress of a national autonomous area shall be one or more citizens of the nationality exercising regional autonomy in the area.

  Article 17 The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned. Other posts in the people's government of an autonomous region, an autonomous prefecture or an autonomous county shall rationally be assumed by people of the nationality exercising regional autonomy and of other minority nationalities in the area concerned.

  The people's governments of national autonomous areas shall apply the system of giving overall responsibility to the chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county, who shall direct the work of the people's governments at their respective levels.

  Article 18 The cadres in the departments under the organs of self-government of a national autonomous area shall rationally be chosen from among citizens of the nationality exercising regional autonomy and of the other minority nationalities in the area.

  Chapter III

  The Power of Autonomy of the Organs of Self-Government

  Article 19 The people's congresses of national autonomous areas shall have the power to enact regulations on the exercise of autonomy and separate regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The regulations on the exercise of autonomy and separate regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval before they go into effect. The regulations on the exercise of autonomy and separate regulations of autonomous prefectures and autonomous counties shall be submitted to the standing committees of the people's congresses of provinces, autonomous regions or municipalities directly under the Central Government for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress and the State Council for the record.

  Article 20 If a resolution, decision, order or instruction of a State organ at a higher level does not suit the conditions in a national autonomous area, the organ of self-government of the area may either implement it with certain alterations or cease implementing it after reporting to and receiving the approval of the State organ at a higher level; the said State organ shall give a reply within 60 days from the date of receipt of the report.

  Article 21 While performing its functions, the organs of self-government of a national autonomous area shall, in accordance with the regulations on the exercise of autonomy of the area, use one or several languages commonly used in the locality; where several commonly used languages are used for the performance of such functions, the language of the nationality exercising regional autonomy may be used as the main language.

  Article 22 In accordance with the needs of socialist construction, the organs of self-government of national autonomous areas shall take various measures to train large numbers of cadres at different levels and various kinds of specialized personnel, including scientists, technicians and managerial executives, as well as skilled workers from among the local nationalities, giving full play to their roles, and shall pay attention to the training of cadres at various levels and specialized and technical personnel of various kinds from among the women of minority nationalities.

  When recruiting working staff, the organ of self-government of a national autonomous area shall give appropriate considerations to people of the nationality exercising regional autonomy and of other minority nationalities in the area.

  The organs of self-government of national autonomous areas may adopt special measures to provide preferential treatment and encouragement to specialized personnel joining in the various kinds of construction in these areas.

  Article 23 When recruiting personnel in accordance with State regulations, enterprises and institutions in national autonomous areas shall give priority to minority nationalities and may enlist them from the population of minority nationalities in rural and pastoral areas.

  Article 24 The organs of self-government of national autonomous areas may, in accordance with the military system of the State and practical local need and with the approval of the State Council, organized local public security forces for the maintenance of public order.

  Article 25 Under the guidance of State plans, the organs of self-government of national autonomous areas shall, in the light of local characteristics and needs, work out the guidelines, policies and plans for economic development and independently arrange for administer local economic development.

  Article 26 Given the prerequisite of adherence to the principles of socialism, the organs of self-government of national autonomous areas shall, in accordance with legal stipulations an in the light of the characteristics of local economic development, rationally readjust the relations of production and the economic structure, and work hard to develop the socialist market economy.

  The organs of self-government of national autonomous areas shall uphold the basic economic system, under which public ownership is the mainstay and the economic sectors under different types of ownership develop together, and encourage the development of the economic sectors under non-public ownership.

  Article 27 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall define the ownership of, and the right to use, the pastures and forests within these areas.

  The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and make arrangements for and encourage the planting of trees and grass. Destruction of grasslands and forests by any organization or individual by whatever means shall be prohibited. Reclamation of land from grasslands or forests by destroying grass or trees shall strictly be prohibited.

  Article 28 In accordance with legal stipulation, the organs of self-government of national autonomous areas shall manage and protect the natural resources of these areas.

  In accordance with legal stipulations and unified State plans, the organs of self-government of national autonomous areas may give priority to the rational exploitation and utilization of the natural resources that the local authorities are entitled to develop.

  Article 29 Under the guidance of State plans, the organs of self-government of national autonomous areas shall independently arrange local capital construction projects according to their financial and material resources and other specific local conditions.

  Article 30 The organs of self-government of national autonomous areas shall independently administer the enterprises and institutions under local jurisdiction.

  Article 31 In accordance with State provisions, the organs of self-government of national autonomous areas may pursue foreign economic and trade activities and may, with the approval of the State Council, open foreign trade ports.

  National autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council.

  While conducting economic and trade activities with foreign countries, the national autonomous areas shall enjoy preferential treatment by the State.

  Article 32 The finance of a national autonomous area constitutes a particular level of finance and is a component of State finance.

  The organs of self-government of national autonomous areas shall have the power of autonomy in administering the finances of their areas, All revenues accruing to the national autonomous areas under the financial system of the State shall be managed and used by the organs of self-government of these areas on their own.

  Under the unified national financial system, a national atonement area shall enjoy preferential treatment by the financial department at a higher level through the standard financial transfer payment system exercised by the State.

  A national autonomous area shall, in accordance with State stipulations, lay aside a reserve fund for expenditure in its budget. The proportion of the reserve fund in its budget shall be higher than that in the budgets of other areas.

  While implementing its fiscal budget, the organ of self-government of a national autonomous area shall arrange for the use of extra income and savings from expenditures at its own discretion.

  Article 33 In accordance with the principles set by the State and in the light of local conditions, the organs of self-government of national autonomous areas may work out supplementary provisions and concrete procedures with regard to the standards of expenditure, the sizes of the staff and the quotas of work for their respective areas. The supplementary provisions and concrete procedures worked out by autonomous regions shall be reported to the State Council for the record; those worked out by autonomous prefectures and autonomous counties shall be reposed to the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central General Government for approval.

  Article 34 While implementing the tax laws of the State, the organs of self-government of national autonomous areas may grant tax exemptions or reductions for certain items of local financial income which should be encouraged or given preferential consideration in taxation, in addition to items on which tax reduction or exemption requires unified examination and approval by the State. The decisions of autonomous prefectures and autonomous counties on tax reduction and exemption shall be reported to the people's government of the relevant provinces, autonomous regions or municipalities directly under the Central Government for approval.

  Article 35 A national autonomous area may, in the light of the needs of the local economic and social development and in accordance with the stipulations of laws, set up local commercial banks and urban and rural credit cooperative organizations.

  Article 36 In accordance with the guidelines of the State on education and with the relevant stipulations of the law, the organs of self-government of national autonomous areas shall decide on plans for the development of education in these areas, on the establishment of various kinds of schools at different levels, and on their educational system, forms, curricula, the language used in instruction and enrollment procedures.

  Article 37 The organs of self-government of national autonomous areas shall independently develop education for the nationalities by eliminating illiteracy, setting up various kinds of schools, spreading nine-year compulsory education, developing regular senior secondary education and secondary vocational and technical education in various forms, and developing higher education, where possible and necessary, so as to train specialized people from among all the minority nationalities.

  The organs of self-government of national autonomous areas shall set up public primary schools and secondary schools, mainly boarding schools and schools providing subsidies, in pastoral areas and economically underdeveloped, sparsely populated mountain areas inhabited by minority nationalities, so as to ensure that the students at school accomplish their schooling at the compulsory education stage. The expenses for running schools and for subsidies shall be handled by the local governments. If it is difficult for the local governments to do so, the governments at a higher level shall give them allowances.

  Schools(classes and grades)and other institutions of education where most of the students come from minority nationalities shall, whenever possible, use textbooks in their own languages and use their languages as the media of instruction. Classes for the teaching of Chinese(the Han language)shall, where possible, be opened for junior of senior grades of primary schools to popularize putonghua(the common speech based on Beijing pronunciation)and popularize Chinese characters.

  People's government at various levels shall give financial support to the compilation translation and publishing of teaching materials and publications in languages of minority nationalities.

  Article 38 The organs of self-government of national autonomous areas shall independently develop literature, art, the press, publishing, radio broadcasting, the film industry, television and other cultural undertakings in forms and with characteristics unique to the nationalities, and increase their input in cultural undertakings, provide improved cultural facilities and speed up the development of various cultural undertaking.

  The organs of self-government of national autonomous areas shall make arrangements for the units or departments concerned and support them in their efforts to collect, sort out, translate and publish historical and cultural books of minority nationalities and protect the scenic spots and historical sites in their areas, their precious cultural relics and their other important historical and cultural legacies, so as to inherit and develop their outstanding traditional culture.

  Article 39 The organ of self-government on national autonomous areas shall make independent decisions on local plans for developing science and technology and spreading knowledge of science and technology.

  Article 40 The organs of self-government of national autonomous areas shall make independent decisions on plans for developing local medical and health services and for advancing both modern medicine and the traditional medicine of the nationalities.

  The organs of self-government of national autonomous areas shall see to a more effective prevention and control of contagious and endemic diseases, provide better protection for the health of women and children, and improve medical and sanitary conditions.

  Article 41 The organs of self-government of national autonomous areas shall independently develop sports, promote the traditional sports of the nationalities and improve the physical fitness of the people of the various nationalities.

  Article 42 The organs of self-government of the national autonomous areas shall strive to develop exchanges and cooperation with other areas in education, science and technology, culture and art, public health, sport, etc.

  In accordance with relevant State provisions, the organs of self-government of national autonomous regions and autonomous prefectures may conduct exchanges with foreign countries in education, science and technology, culture and art, public health, sports, etc.

  Article 43 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall work out measures for control of the transient population.

  Article 44 The policy of family planning and good prenatal and postnatal care shall be carried out in national autonomous areas in order to enhance the population quality of all the nationalities.

  In accordance with legal stipulations, the organs of self-government of national autonomous areas shall, in the light of local conditions, work out measures for family planning.

  Article 45 The organs of self-government of national autonomous areas shall protect and improve the living environment and the ecological environment and shall prevent and control pollution and other public hazards, so as to bring abut the coordinated development of population, resources and environment.

  Chapter IV

  The People's Courts and People's Procuratorates of Notional Autonomous Areas

  Article 46 The People's Courts and People's Procuratorates of national autonomous areas shall be responsible to the people's congresses at corresponding levels and their standing committees. The People's Procuratorates of national autonomous areas shall be responsible to the People's Procuratorates at higher levels.

  The administration of justice by the People's Courts of national autonomous areas shall be supervised by the Supreme People's Court and by People's Courts at higher levels. The work of the People's Procuratorates of national autonomous areas shall be directed by the Supreme People's Procuratorates and by the People's Procuratorates at higher levels.

  Members of the leadership and of the staff of the People's Court and of the People's Procuratorates of a national autonomous area shall include people from the nationality exercising regional autonomy in that area.

  Article 47 In the prosecution and triad of cases, the People's Courts and People's Procuratorates in national autonomous areas shall use the language commonly used in the locality, and they shall rationally be manned with persons who are familiar with the spoke and written languages of minority nationalities commonly used in the locality. The People's Courts and People's Procuratorates shall provide translation and interpretation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality. Legal documents shall be prepared, in the light of actual needs, in the language or languages commonly used in the locality. The right of citizens of the various nationalities to use the spoken and written languages of their own nationalities in court proceedings shall be safeguarded.

  Chapter V

  Relations Among Nationalities Within a National Autonomous Area

  Article 48 The organ of self-government of a national autonomous area shall guarantee equal rights for the various nationalities in the area.

  The organ of self-government of a national autonomous area shall unite the cadres and masses of the various nationalities and give full play to their initiative in a joint effort to develop the area.

  Article 49 The organ of self-government of a national autonomous area shall persuade and encourage cadres of the various nationalities to learn each other's spoken and written languages. Cadres of Han nationality should learn the spoken and written languages of the local minority nationalities. While learning and using the spoken and written languages of their own nationalities, cadres of minority nationalities should also learn putonghua and the standard written Chinese(Han)language commonly used throughout the country.

  Awards should be given to State functionaries in national autonomous areas who can use skillfully two or more spoken or written languages that are commonly used in the locality.

  Article 50 The organ of self-government of a national autonomous area shall help other minority nationalities living in concentrated communities in the area establish appropriate autonomous areas or nationality townships.

  The organ of self-government of a national autonomous area shall help the various nationalities in the area develop their economic, educational, scientific and technological, cultural, public health and physical culture affairs.

  The organ of self-government of a national autonomous area shall give consideration to the characteristics and needs of nationalities living in settlements scattered over the area.

  Article 51 In dealing with special issues concerning the various nationalities within its area, the organ of self-government of a national autonomous area must conduct full consultation with their representatives and respect their opinions.

  Article 52 The organ of self-government of a national autonomous area shall guarantees that citizens of the various nationalities in the area enjoy the rights of citizens prescribed in the Constitution and shall educate them in the need to perform their duties as citizens.

  Article 53 The organ of self-government of a national autonomous area shall promote the civic virtues of love of the motherland, of the people, of labor, of science and of socialism and conduct education among the citizens of the various nationalities in the area in patriotism, communism and State policies concerning the nationalities. The cadres and masses of the various nationalities must be educated to trust, learn from and help one another and to respect the spoken and written languages, folkways and customs and religious beliefs of one another in a joint effort to safeguard the unification of the country and the unity of all the nationalities.

  Chapter VI

  Responsibilities of State Organs at Higher Levels

  Article 54 The resolutions, decisions, orders and instructions concerning national atonement area adopted by the State organs at higher levels should suit the conditions in these areas.

  Article 55 State organs at higher levels shall give assistance and guidance to national autonomous areas in research, formulation and implementation of their economic development strategy, and provide financial, monetary, material and technical assistance and skilled people to them to help accelerate the development of their economic, educational, scientific and technological, cultural, public health and physical culture affairs.

  The State shall formulate preferential policy to guide and encourage investment of domestic and foreign capital in national autonomous areas.

  In making plans for national economic and social development, State organs at higher levels should take should take into consideration the characteristic and needs of national autonomous areas.

  Article 56 The State shall, in accordance with unified planning and market demand, give first priority to national autonomous area when making rational arrangements for resource development projects and infrastructure projects. The State shall appropriately increase the proportion of investment and the proportion of policy-oriented bank loans in the investment in major infrastructure projects.

  Where counterpart funding is required of national autonomous areas for infrastructure projects arranged by the State there, the State may give them preferential treatment by reducing or exempting the counterpart funding, as the case may be.

  The State shall help national autonomous areas to speed up the development of applied science and technology and the transformation of scientific and technological achievements, vigorously spread the use of applied technology and develop new high technology, where conditions permit, and actively guide the rational flow of talented scientists and technologists into national autonomous areas, When transferred construction projects are provided to national autonomous areas, the State shall, in the light of local conditions, provide advanced and suitable equipment and techniques to them.

  Article 57 The State shall, in the light of the characteristics and needs of economic development in national autonomous areas, make comprehensive use of the monetary market and the capital market to increase its monetary support to the areas. Banking institutions shall focus their support on the projects of investment in fixed assets and the enterprises conforming to State industrial policy in national autonomous areas by meeting their rational need of funds in the fields of resource exploitation and diversified economic development.

  The State shall encourage commercial banks to increase their credit input to national autonomous areas and actively satisfy the rational need for funds by local enterprises.

  Article 58 State organs at higher levels shall help the enterprises in national autonomous areas to make technical innovation and upgrade their industrial structure in the financial, monetary and skilled personnel fields.

  State organs at higher levels shall make arrangements for and encourage the managerial and technical personnel of enterprises in national autonomous areas to go to the economically developed areas and learn from them, and at the same time guide and encourage the managerial and technical personnel of enterprises in the economically developed areas to go and work in enterprises in national autonomous areas.

  Article 59 The State shall set aside special funds to help national autonomous areas develop their economy and culture.

  The special funds set aside by the State and its provisional grants to the nationalities shall not be deducted, withheld or misappropriated by any State organs, or shall they be used to substitute for the normal budgetary revenues of national autonomous areas.

  Article 60 In accordance with the State policy for trade with the minority nationalities and in the light of the need of national autonomous areas, State organs at higher levels shall support the commercial, supply and marketing, and medical and pharmaceutical enterprises in national autonomous areas in the fields of investment, finance and taxation.

  Article 61 The State shall formulate preferential policies to support national autonomous areas in their efforts to develop economic relations and trade with foreign countries, extend decision-making power of the manufacturing enterprises of national autonomous areas in the management of foreign trade, encourage them to develop their local superstandard products for export, and carry out the preferential policy for border trade.

  Article 62 As the national economy grows and financial revenues increase, governments at higher levels shall gradually increase the financial transfer payment with regard to national autonomous areas. Through general financial transfer payment, special financial transfer payment, financial transfer payment governed by preferential policy towards minority nationalities, and through other means adopted by the State. More funds shall be put into national autonomous areas, to be used for speeding up economic development and social progress in the said areas, so as to gradually narrow the gap between such areas and the economically developed areas.

  Article 63 In matters of investment, finance, taxation, etc., State organs at higher levels shall support national autonomous areas in their efforts to improve the production conditions of agriculture, animal husbandry and forestry as well as infrastructure such as water conservancy, transportation, energy and communications; they shall help national autonomous areas in the rational exploitation of local resources to develop local industry, town and township enterprises, smell and medium-sized nationalities and of their traditional handicrafts.

  Article 64 State organs at higher levels shall enlist the efforts of, support and encourage the economically developed areas in pursuing economic and technological cooperation with national autonomous areas and giving assistance to their counterparts there at different levels and in many-sided ways, so as to help promote the development of the economic, educational, scientific and technological, cultural, public health and physical culture affairs there.

  Article 65 While exploiting resources and undertaking construction in national autonomous areas, the State shall give consideration to the interests of these areas, make arrangements favorable to the economic development there and pay proper attention to the productive pursuits and the life of the minority nationalities there. The State shall take measures to give due benefit compensation to the national autonomous areas from which the natural resources are transported out.

  The State shall guide and encourage enterprises in the economically developed areas to make investment in national autonomous areas and carry out economic cooperation in various forms on the principle of reciprocity and mutual benefit.

  Article 66 State organs at higher levels shall incorporate major construction projects designed to maintain ecological balance and protect the environment in an all-round way in national autonomous areas into the national economic and social development plan for the benefit of unified arrangements.

  Where national autonomous areas make contribution to the ecological balance and environmental protection of the State, the State shall give them due benefit compensation.

  While exploiting resources and undertaking construction in national autonomous areas, the organizations or individuals shall take effective measures to protect and improve local living and ecological environment and to prevent and control pollution and other public hazards.

  Article 67 Enterprises and institutions affiliated to State organs at higher levels but located in national autonomous areas shall give priority to local minority nationalities when recruiting personnel in accordance with the regulations of the State.

  Enterprises and institutions in national autonomous areas shall respect the power of autonomy of local organs of self-government, observe the local regulations on the exercise of autonomy and separate regulations as well as the local rules and regulations, and subject themselves to supervision by such organs.

  Article 68 Without the consent of the organ of self-government of a national autonomous area, no State organ at a higher level may change the affiliation of an enterprise under the administration of the local government.

  Article 69 The State and the people's governments at higher levels shall provide greater support to the poverty-stricken areas in national autonomous areas in the financial, monetary, material, technological and trained personnel fields so as to help the poor population there to shake off poverty as soon possible and to become well off.

  Article 70 State organs at higher levels, shall help national autonomous areas train, from among local nationalities, large numbers of cadres at various levels and specialized and skilled workers of different professions and trades; in accordance with local needs and in various forms, they shall send appropriate numbers of teachers, doctors, scientists and technicians as well as managerial executives to work in national autonomous areas and provide them with proper benefits.

  Article 71 The State shall increase its input to education in national autonomous areas and take special measures to help them speed up the popularization of nine-year compulsory education and develop other educational undertakings, in order to raise the scientific and cultural levels of the people of local nationalities.

  The State shall set up institutes of nationalities and, in other institutions of higher education, nationality-oriented classes and preparatory classes that exclusively or mainly enroll students from minority nationalities. Preferred enrollment and preferred assignment of jobs may also be introduced. In enrollment, institutions of higher education and secondary technical schools shall appropriately set lower standards and requirements for the admission of students from minority nationalities, and special consideration shall be given to the admission of students from minority nationalities with thin populations, People's governments at various levels and schools shall take various measures to help the minority nationality students from families in financial difficulties to accomplish their schooling.

  The State shall set up secondary schools of nationalities or nationality-teachers of all nationalities. The State shall make arrangements for and encourage teachers of all nationalities and graduates of all nationalities who are qualified for such jobs to be engaged in educational and teaching work in national autonomous areas, and shall afford them appropriate preferential treatment.

  Article 72 State organs at higher levels shall intensify education among cadres and masses of the various nationalities in the government's policies concerning nationalities and frequently review the observance and implementation of these policies and relevant laws.

  Chapter VII

  Supplementary Provisions

  Article 73 The State Council and the relevant departments under it shall, within the limits of their functions and powers, respectively formulate administrative rules and regulations, specific measures and methods for the implementation of this Law.

  The people's congresses and their standing committees of autonomous regions, and of provinces and municipalities directly under the Central Government with autonomous prefectures or autonomous counties under them shall, in the light of the actual local circumstances, formulate specific methods for the implementation of this Law.

  Article 74 This Law has been adopted by the National People's Congress and shall go into effect on October 1,1984.

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