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全国人民代表大会常务委员会关于修改《中华人民共和国归侨侨眷权益保护法》的决定 附:修正本 Decision of the Standing Committee of the National People's Congress on Revision of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese

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(Adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress on October 31, 2000)
颁布日期:20001031  实施日期:20001031  颁布单位:全国人大常委会

  Order of the President of the People' Republic of China

  No. 39

  The Decision of the Standing Committee of the National People's Congress on Revision of the Law of the People's republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family members of Overseas Chinese, adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 31, 2000, is hereby promulgated and shall go into effect as of the date of promulgation.

  Jiang Zemin

  President of the People's Republic of China

  October 31, 2000

  At its 18th meeting, the Standing Committee of the Ninth National People's Congress decided to make the following revisions of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese:

  1. One article is added as Article 4, which reads: "The people's governments at or above the county level and the departments under them in charge of the affairs of overseas Chinese shall enlist and coordinate the efforts of relevant departments to protect the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese."

  2. The first paragraph of Article 6 shall is changed to be the first paragraph of Article 7 and is revised to read: "Returned overseas Chinese and the family members of overseas Chinese shall have the right to apply for the establishment of public organizations in accordance with law and to conduct legitimate social activities suitable to their needs."

  3. One article is added as Article 8, which reads: "All-China Federation of Returned Overseas Chinese and local federations of returned overseas Chinese shall represent the interests of returned overseas Chinese and the family members of overseas Chinese and preserve their legitimate rights and interests in accordance with law."

  4. The second paragraph of Article 7 is changed to be the second paragraph of Article 9 and is revised to read: "In areas where enterprises such as agricultural and forest farms have provided placement for returned overseas Chinese, schools and medical care and health institutions may be set up in light of needs and in a rational way, to which the State shall give support and aid with respect to personnel, facilities and funds."

  5. One article is added as Article 10, which reads: "The State shall safeguard the rights and interests of social security for returned overseas Chinese and the family members of overseas Chinese in accordance with law. The employers and the returned overseas Chinese employed shall participate in local social insurance in accordance with law and pay the insurance premium.

  "To the returned overseas Chinese and the family members of overseas Chinese who are incapacitated and have no source of income or live in straitened circumstances, the local people's governments at all levels shall provide relief."

  6. Article 8 is changed to be Article 11 and is revised to read: "The State shall encourage and guide returned overseas Chinese and the family members of overseas Chinese to invest in the establishment of industrial enterprises, especially the establishment of enterprises that use new and high technologies; the local people's governments at various levels shall support them and their lawful rights and interests shall be protected by law."

  7. The second paragraph of Article 9 is changed to be the second paragraph of Article 12 and is revised to read: "Where returned overseas Chinese and the family members of overseas Chinese receive materials from donations made by their relatives or friends outside the country and will use them in domestic public welfare undertakings, the customs duty and the import value-added tax for the materials shall be reduced or exempted in accordance with the provisions of laws and administrative regulations."

  8. The second paragraph of Article 10 is changed to be the second paragraph of Article 13 and is revised to read: "Construction units shall, in accordance with the relevant regulations of the State, make reasonable compensation and appropriate arrangements for those returned overseas Chinese and the family members of overseas Chinese whose private houses are requisitioned, dismantled or removed in accordance with law."

  9. Article 11 is changed to be Article 14 and is revised to read: "People's government at all levels shall give special considerations in respect of the employment of returned overseas Chinese and the family members of overseas Chinese and provide them with the necessary guidance and services.

  "Students who are returned overseas Chinese, children of returned overseas Chinese and children, residing in the country, of overseas Chinese shall, in accordance with relevant State regulations, be given special considerations in respect of school admission."

  10. the first paragraph of Article 13 is changed to be the first paragraph of Article 16 and is revised to read: "Returned overseas Chinese and the family members of overseas Chinese shall have the right to accept the legacy and gift from their relatives or friends outside the country."

  One paragraph is added as the second paragraph of Article 16, which reads: "The rights and interests of returned overseas Chinese and the family members of overseas Chinese to inherit the estate outside the country shall be protected by Law."

  The second paragraph of Article 13 is changed to be the third paragraph of Article 16.

  11. Article 15 is changed to be Article 18 and is revised to read: " where returned overseas Chinese and the family members of overseas Chinese apply for exit from the country, the competent authorities concerned shall handle the procedures within the prescribed time limit.

  Where returned overseas Chinese and the family members of overseas Chinese desire to leave the country urgently because of special circumstances such as critical illness(es)or death(s)of their direct lineal relatives and the need for disposition of property outside the country within a prescribed time limit, the competent authorities concerned shall give them priority when handling the procedures on the basis of the valid certificates provided by the applicants."

  12. The second paragraph of Article 16 is changed to be the second paragraph of Article 19 and is revised to read: "Employees who are returned overseas Chinese or family members of overseas Chinese shall enjoy the treatment as provided in the relevant regulations of the State in respect of leaving the country for the purpose of visiting their relatives."

  13. Article 17 is changed to be Article 20 and is revised to read: "Returned overseas Chinese and the family members of overseas Chinese may, in accordance with relevant State regulation, apply to leave the country and settle down abroad. No organization or individual may impair the lawful rights and interests of those who have obtained approval to leave the country for settling down abroad.

  Returned overseas Chinese and the family members of overseas Chinese who retire as or not as veteran cadres or quit their posts for justified reasons shall continue to receive their pensions after leaving the country for settling down abroad."

  14. Article 18 is changed to be Article 21 and is revised to read: "For returned overseas Chinese and the family members of overseas Chinese who apply to go abroad for the purpose of study or lecturing at their own expense or for business purposes, the units to which they belong or the departments concerned shall provide convenience to them."

  15. Article 20 is changed to be Article 23 and is revised to read: "Where the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese are violated, the victims shall have the right to request the relevant competent departments to handle the matter in accordance with law, or bring a suit in a people's court. Federations of returned overseas Chinese shall give them support and help."

  16. One article is added as Article 24, which reads: "If any State functionary neglects his duty or abuses his power and thus impairs on the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese, the unit to which he belongs or the competent authorities at a higher level shall order him to set it right or give him an administrative sanction. If a crime is constituted, he shall be investigated for criminal responsibility in accordance with law."

  17. One article is added as Article 25, which reads: "Any organization or individual that infringes upon the lawful rights and interests of returned overseas Chinese or the family members of overseas Chinese and thus causes losses to their property or other damages shall bear civil liability in accordance with law. If a crime is constituted, it or he shall be investigated for criminal responsibility in accordance with law."

  18. One article is added as Article 26, which reads: "If anyone, in violations of the provisions of the first paragraph Article 9 of this Law, occupies the land lawfully used by agricultural or forest farms that provide placement for returned overseas Chinese, the competent authorities concerned shall order him to return the land. Where losses are caused, the person shall bear the liability to pay compensation in accordance with law."

  19. One article is added as Article 27, which reads: "If anyone, in violation of the provisions of Article 13 of this Law, appropriates the houses in the country privately owned by returned overseas Chinese or the family members of overseas Chinese, the competent authorities concerned shall order him to return the houses; if any losses are caused , the person shall bear the liability to pay compensation in accordance with law."

  20. One article is added as Article 28, which reads: "If any unit, in violation of the provisions of the second paragraph of Article 20, ceases to provide, deducts, takes away or misappropriates the pensions of the returned overseas Chinese and the family members of overseas Chinese who have retired as or not as veteran cadres or quitted their posts for justified reasons and have left the country for settling down abroad, the unit or the competent authorities concerned shall order it to repay the pensions and make compensation in accordance with law. The persons who are directly in charge and the other person who are directly responsible shall be given administrative sanctions in accordance with law. If a crime is constituted, criminal responsibility shall be investigated in accordance with law."

  In addition, on the basis of this Decision, corresponding readjustment shall be made to the wording and the order of certain articles.

  This Decision shall go into effect as of the date of promulgation.

  The Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese shall be promulgated anew after the revisions are made according to this Decision.

  Appendix:

  Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese

  (Adopted at the 15th Meeting of the Standing Committee of the Seventh National People's Congress on September 7, 1990 and amended according to the Decision on Revision of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 31, 2000)

  Article 1 This Law is enacted in accordance with the Constitution with a view to protecting the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese.

  Article 2 Returned overseas Chinese denote overseas Chinese who have returned to the country and taken it as their place of permanent residence. Overseas Chinese denote Chinese citizens who have settled down abroad.

  Family members of overseas Chinese denote the family members, residing in the country, of overseas Chinese and returned overseas Chinese.

  The family members of overseas Chinese referred to in this Law include overseas Chinese's and returned overseas Chinese's spouses, Parents, children and their spouses, brothers and sisters, paternal grand-parents, maternal grand-parents, grand-children and other relations who have long supported or been supported by overseas Chinese or returned overseas Chinese.

  Article 3 Returned overseas Chinese and the family members of overseas Chinese shall be entitled to the citizen's rights prescribed by the Constitution and the law and at the same time shall perform the citizen's duties prescribed by the Constitution and the law. No organization or individual may discriminate against them.

  The State shall, in accordance with the actual conditions and the characteristics of returned overseas Chinese and the family members of overseas Chinese, give them appropriate preferential treatment, and the specific measures thereof shall be formulated by the State Council or the relevant competent departments under the State Council.

  Article 4 The people's governments at or above the county level and the departments under them in charge of the affairs of overseas Chinese shall enlist and coordinate the efforts of relevant departments to protect the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese.

  Article 5 The State shall make arrangements for overseas Chinese who have returned to the country and taken it as their place of permanent residence.

  Article 6 Returned overseas Chinese shall be entitled to appropriate representation on the National People's Congress and local people's congresses in places where there are relatively large numbers of returned overseas Chinese.

  Article 7 Returned overseas Chinese and the family members of overseas Chinese shall have the right to apply for the establishment of public organizations in accordance with law and to conduct legitimate social activities suitable to their needs.

  The property of the public organizations established according to law by returned overseas Chinese and the family members of overseas Chinese shall be protected by law, and shall not en infringed upon by any organization or individual.

  Article 8 All-China Federation of Returned Overseas Chinese and local federations of returned overseas Chinese shall represent the interests of returned overseas Chinese and the family members of overseas Chinese and preserve their legitimate rights and interests in accordance with law.

  Article 9 The State shall give support to enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese. No organization or individual may appropriate the land lawfully used by such enterprises or infringe upon their lawful rights and interests.

  In areas where enterprises such as agricultural and forest farms have provided placement for returned overseas Chinese, schools and medical care and health institutions may be set up in light of needs and in a rational way, to which the State shall give support and aid with respect to personnel, facilities and funds.

  Article 10 The State shall safeguard the rights and interests of social security for returned overseas Chinese and the family members of overseas Chinese in accordance with law. The employers and the returned overseas Chinese employed shall participate in local social insurance in accordance with law and pay the insurance premium.

  To the returned overseas Chinese and the family members of overseas Chinese who are incapacitated and have no source of income or live in straitened circumstances, the local people's governments at all levels shall provide relief.

  Article 11 The State shall encourage and guide returned overseas Chinese and the family members of overseas Chinese to invest in the establishment of industrial enterprises, especially the establishment of enterprises that use new and high technologies; the local people's governments at various levels shall support them and their lawful rights and interests shall be protected by law.

  Article 12 People's governments at various levels shall support returned overseas Chinese and the family members of overseas Chinese to set up public welfare establishments in the country. Their lawful rights and interests shall be protected by law.

  Where returned overseas Chinese and the family members of overseas Chinese receive materials form donations made by their relatives or friends outside the country and will use them in domestic public welfare undertakings, the customs duty and the import value-added tax for the materials shall be reduced or exempted in accordance with the provisions of laws and administrative regulations.

  Article 13 The State shall, in accordance with law, protect the ownership of private horses, in the country, of returned overseas Chinese and the family members of overseas Chinese.

  Construction units shall, in accordance with the relevant regulations of the State, make reasonable compensation and appropriate arrangements for those returned overseas Chinese and the family members of overseas Chinese whose private houses are requisitioned, dismantled or removed in accordance with law.

  Article 14 People's governments at all levels shall give special considerations in respect of the employment of returned overseas Chinese and the family members of overseas Chinese and provide them with the necessary guidance and services.

  Students who are returned overseas Chinese, children of returned overseas Chinese and children, residing in the country, of overseas Chinese shall, in accordance with relevant State regulations, be given special considerations in respect of school admission.

  Article 15 The State shall protect the income of returned overseas Chinese and the family members of overseas Chinese from remittance sent by overseas Chinese.

  Article 16 Returned overseas Chinese and the family members of overseas Chinese shall have the right to accept the legacy and gift from their relatives or friends outside the country.

  The rights and interests of returned overseas Chinese and the family members of overseas Chinese to inherit the estate outside the country shall be protected by Law.

  Returned overseas Chinese and the family members of overseas Chinese shall have the right to dispose of their property outside the country.

  Article 17 Contacts and communications between returned overseas Chinese and the family members of overseas Chinese and their relatives and friends outside the country shall be protected by law.

  Article 18 Where returned overseas Chinese and the family members of overseas Chinese apply for exit from the country, the competent authorities concerned shall handle the procedures within the prescribed time limit.

  Where returned overseas Chinese and the family members of overseas Chinese desire to leave the country urgently because of special circumstances such as critical illness(es) or death(s) of their direct lineal relatives and the need for disposition of property outside the country within a prescribed time limit, the competent authorities concerned shall give them priority when handling the procedures on the basis of the valid certificates provided by the applicants.

  Article 19 The State shall safeguard the right of returned overseas Chinese and the family members of overseas Chinese to leave the country for the purpose of visiting their relatives.

  Employees who are returned overseas Chinese or family members of overseas Chinese shall enjoy the treatment as provided in the relevant regulations of the State in respect of leaving the country for the purpose of visiting their relatives.

  Article 20 Returned overseas Chinese and the family members of overseas Chinese may, in accordance with the relevant State regulations, apply to leave the country and settle down abroad, No organization or individual may impair the lawful rights and interests of those who have obtained approval to leave the country for settling down abroad.

  Returned overseas Chinese and the family members of overseas Chinese who retire as or not as veteran cadres or quit their posts for justified reasons shall continue to receive their pensions after leaving the country for settling down abroad.

  Article 21 For returned overseas Chinese and the family members of overseas Chinese who apply to go abroad for the purpose of study or lecturing at their own expense or for business purposes, the units to which they belong or the departments concerned shall provide convenience to them.

  Article 22 The State shall protect the legitimate rights and interests, outside the country, of returned overseas Chinese and the family members of overseas Chinese in accordance with the international treaties to which the People's Republic of China is a party or has acceded or with international practice.

  Article 23 Where the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese are violated, the victims shall have the right to request the relevant competent departments to handle the matter in accordance with law, or bring a suit in a people's court. Federations of returned overseas Chinese shall give them support and help.

  Article 24 If any State functionary neglects his duty or abuses his power and thus impairs on the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese, the unit to which he belongs or the competent authorities at a higher level shall order him to set it right or give him an administrative sanction. If a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.

  Article 25 Any organization or individual that infringes upon the lawful rights and interests of returned overseas Chinese or the family members of overseas Chinese and thus causes losses to their property or other damages shall bear civil liability in accordance with law. If a crime is constituted, it or he shall be investigated for criminal responsibility in accordance with law.

  Article 26 If anyone, in violation of the provisions of the first paragraph of Article 9 of this Law, occupies the land lawfully used by agricultural or forest farms that provide placement for returned overseas Chinese, the competent authorities concerned shall order him to return the land. Where losses are caused, the person shall bear the liability to pay compensation in accordance with law.

  Article 27 If anyone, in violation of the provisions of Article 13 of this law, appropriates the houses in the country privately owned by returned overseas Chinese or the family members of overseas Chinese, the competent authorities concerned shall order him to return the houses; if any losses are caused, the person shall bear the liability to pay compensation in accordance with law.

  Article 28 If any unit, in violation of the provisions of the second paragraph of Article 20, ceases to provide, deducts, takes away or misappropriates the pensions of the returned overseas Chinese and the family members of overseas Chinese who have retired as or not as veteran cadres or quitted their posts for justified reasons and have left the country for steeling down abroad, the unit or the competent authorities concerned shall order it to repay the pensions and make compensation in accordance with law. The persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law. If a crime is constituted, criminal responsibility shall be investigated in accordance with law.

  Article 29 The State Council shall, on the basis of this Law, formulate measures for its implementation.

  The standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government may, pursuant to this Law and the State Council's measures for implementation, formulate measures for implementation respectively.

  Article 30 This Law shall go into effect as of January 1, 1991.

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