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外国人来华登山管理办法 MEASURES FOR THE ADMINISTRATION OF THE MOUNTAINEERING CONDUCTED BY FOREIGNERS IN CHINA

2006-05-17 14:49   我要纠错 | 打印 | 收藏 | | |

国家体育运动委员会令第16号
(Approved by the State Council on July 31, 1991, and promulgated by Decree No. 16 of the State Physical Culture and Sports Commission on August 29, 1991)
颁布日期:19910829  实施日期:19910829  颁布单位:国家体委

  Chapter I General Provisions

  Article 1 These Measures are formulated to strengthen the administration of the mountaineering conducted by foreigners in China, develop international mountaineering exchanges in an organized way, and promote mountaineering in China.

  Article 2 These Measures apply to the mountaineering by foreigners in China involving the following peaks open to foreigners and concurrent conduct of scientific investigations and surveys in regions around these peaks during the climb:

  (1) peaks above 5,000 metres above sea level in the Tibet Autonomous Region;

  (2) peaks above 3,500 metres above sea level in other provinces and autonomous regions.

  Article 3 Foreigners conducting mountaineering in China shall abide by the laws of China, and their legitimate rights and interests shall be protected by the laws of China.

  Article 4 The administration of the mountaineering conducted by foreigners in China shall follow the principle of authorities at various levels assuming their respective responsibilities under a unified leadership.

  Article 5 The opening of a peak to foreigners shall be announced by the Physical Culture and Sports Commission (hereinafter referred to as the State Sports Commission) and the Ministry of Public Security of the People's Republic of China.

  Chapter II Procedures for Conducting Mountaineering in China

  Article 6 Foreigners coming to China for mountaineering may either organize their own expedition or form a joint expedition with a Chinese team.

  Article 7 Foreigners coming to China for mountaineering shall submit a written application to the State Sports Commission.

  If foreigners organize their own expedition, they shall submit the application in the name of the expedition or may entrust a provincial or autonomous regional mountaineering association of China to submit the application on behalf of the expedition.

  In the case of a joint expedition formed by foreigners with a Chinese team, the application shall be made by the Chinese team.

  Article 8 The State Sports Commission shall decide whether to approve or disapprove an application within 60 days after the receipt of the application from a foreign expedition or a Chinese-foreign joint one, and shall notify, in written form, its decision to the foreign or the Chinese-foreign joint expedition, or to the provincial or autonomous regional mountaineering association which has made the application on behalf of a foreign expedition, as well as to the sports commission of the province or autonomous region where the mountaineering activities are to take place.

  Article 9 After being notified of the approval by the State Sports Commission, the foreign expedition shall pay the registration fee as notified and sign a mountaineering protocol with the unit designated in the notification.

  The unit that signs the mountaineering protocol (hereinafter referred to as the Chinese signatory) with a foreign expedition shall promptly submit a copy of the protocol to the State Sports Commission to be put on record.

  Article 10 The protocol shall not be altered in substance at will after it has been submitted to the State Sports Commission and put on record. When any alteration is needed, it is subject to the confirmation by both the Chinese and foreign signatories through consultation. Any change in the season, route or destination of a climb shall be reported to the State Sports Commission for reexamination and new approval.

  Article 11 The foreign expedition shall, one month before its entry into China, remit to the Chinese signatory all the budgeted expenses for its mountaineering in China, and secure visas from the Chinese embassy or consulate as notified by the State Sports Commission.

  Chapter III Mountaineering Activities

  Article 12 Before starting a climb, the foreign expedition shall make arrangements to provide insurance for the accompanying Chinese citizens and adopt workable measures to protect natural environment in the mountain areas in accordance with the requirements of the State Sports Commission.

  Article 13 Foreign mountaineers in China shall observe the following rules:

  (1) The climb shall aim at the peak along the route approved by the State Sports Commission, and may not aim at any other peak or depart from the approved route. No mutual assignment of peaks to be climbed or routes to be followed is allowed between foreign expeditions.

  (2) A foreign expedition may not admit as its own member a member from any other expedition.

  (3) Permission from the State Sports Commission is needed if a foreign expedition intends to display a national flag of the country the expedition represents, and a national flag of similar size of the People's Republic of China shall be displayed simultaneously.

  (4) The names and altitudes of the peaks promulgated by the relevant departments of the Chinese Government shall be the standard ones whenever referred to.

  (5) Climbing routes and camps shall be kept clean. No momentos or any other things shall be left in the climbing areas without permission.

  (6) Results of the expedition and any accident occurring during the climb shall be promptly reported to the State Sports Commission and the Chinese signatory.

  Article 14 The foreign mountaineering expedition shall write a report upon completing a climb.

  The report and all the audio and video recordings made during the climb shall be given gratis to the State Sports Commission and the sports commission of the province or autonomous region where the climb has taken place.

  Article 15 A certificate shall be issued to the foreign mountaineer who has reached the summit of a peak and whose success has been confirmed by the State Sports Commission.

  Article 16 Foreign mountaineers must be accompanied by Chinese liaison officials during their climb in China. The liaison officials shall be designated by the Chinese signatory and their duties are as follows:

  1. to assist and supervise foreigners in carrying out relevant regulations of China;

  2. to help foreigners to solve problems arising from their climb;

  3. to report related matters to the Chinese signatory;

  4. to mediate disputes between foreigners and Chinese service personnel.

  Article 17 Where foreign mountaineers need services of Chinese citizens, the matter shall be handled by the liaison officials.

  Charges may be collected for the services provided by Chinese citizens. The categories and rates of service charges shall be published by the State Sports Commission.

  Article 18 The foreign expedition shall provide the accompanying Chinese citizens with medical care, first-aid treatments and equipments needed for camping and cooking.

  Without the consent of the Chinese liaison officials, the foreign expedition may not dismiss any Chinese citizen it has employed or suspend the subsidies.

  In the case of a Chinese-foreign joint expedition, the methods for providing the accompanying Chinese citizens with medical care, first aid treatments and equipments for camping and cooking shall be determined through consultation by the two parties.

  Chapter IV Mountaineering Expeditions with Scientific Investigation and Survey

  Article 19 For mountaineering with concurrent scientific investigation and survey, a plan for such scientific investigation and survey shall be submitted to the State Sports Commission simultaneously with the application for mountaineering. The State Sports Commission shall forward the plan to the State Science and Technology Commission or the State Survey and Drawing Bureau for examination and approval.

  Before a plan for scientific investigation and survey is approved, foreign climbers may not carry out any systematic observation of the living beings, rocks, minerals, ice and snow, water and soil in the areas they pass through. Nor may they collect specimens, samples or fossils or engage in the work of survey and drawing.

  Article 20 Any foreign expedition or Chinese-foreign joint expedition which has undertaken concurrent scientific investigation and survey shall submit the following specimens and data to the State Science and Technology Commission through the Chinese signatory:

  (1) a list of the specimens, samples and fossils collected;

  (2) any new species of animals or plants and any special tax on of animals and plants that have been discovered;

  (3) holo-type specimens of the new species of animals or plants and the specimens of especially rare of the animals or plants collected;

  (4) the results of laboratory analyses of specimens, samples and fossils;

  (5) a copy of the audio-visual recordings of the concurrent scientific investigation and survey during the mountaineering.

  The foreign or Chinese-foreign joint expedition that has conducted survey and drawing shall submit to the State Survey and Drawing Bureau a copy or reproduction of the results of its work through the Chinese signatory.

  Chapter V Entry and Exit of Mountaineering Equipments and Supplies

  Article 21 Foreigners bringing articles for mountaineering into China shall declare them to the Customs as “specially permitted import” or “provisional import” as the case may be. After the verification and permission by the Customs, the formalities relating to the Customs duties and guarantees shall be gone through.

  Article 22 A reasonable amount of consumer goods, including special provisions, medicines for first-aid, cold-proof clothes and fuel needed by mountaineers, may be brought into China as specially permitted duty-free articles. Duties shall be levied for articles exceeding the reasonable amount.

  With the permission of relevant government departments, apparatus for communication, photography, video taping, survey and drawing, and special means of transportation may be brought into China as provisionally duty-free articles. After the mountaineering, these articles shall be out of China. If this is not possible due to special reasons, due formalities shall be completed through the State Sports Commission according to relevant regulations of the State.

  Article 23 The specimens, samples and fossils collected and the audio-visual materials produced by a foreign or Chinese-foreign joint expedition may be taken out of China only after they have been inspected and permitted by the relevant departments.

  Chapter VI Penalty Provisions

  Article 24 The State Sports Commission or the sports commissions at provincial or autonomous regional level may impose such penalties as a warning, a fine ranging from 5,000 to 50,000 yuan (RMB), or cessation of the mountaineering depending on the seriousness of each case on foreign mountaineers who have violated the stipulations in Articles 12,13, 18, 19 and 20 of these Measures, or who have conducted mountaineering without permission of the State Sports Commission.

  For those who have violated the stipulations in Articles 19 and 20 of these Measures, the State Sports Commission or the sports commissions at the provincial or autonomous regional level may penalize separately or in addition to the penalties mentioned in the paragraph above, the violators by seizing the specimens, samples and fossils they have collected as well as the materials they have produced.

  Article 25 Where a party concerned refuses to accept the administrative penalty decision, the party may apply for administrative reconsideration of case according to the relevant laws and regulations of China. Where the party concerned refuses to accept the reconsideration decision, an administrative lawsuit may be filed according to the relevant laws of China. Where the party concerned neither apply for reconsideration nor file an administrative law suit within a prescribed time limit, while refusing to comply with the penalty decision on expiry of the time limit, the administrative department which decided on the penalty may apply for a compulsory enforcement by the people's court.

  Chapter VII Supplementary Provisions

  Article 26 The mountaineering in the mainland conducted by compatriots from Taiwan, Hong Kong and Macao shall be administered with reference to these Measures.

  Article 27 The State Physical Culture and Sports Commission shall be responsible for the interpretation of these Measures.

  Article 28 These Measures shall go into effect as of the date of promulgation.

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