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中华人民共和国归侨侨眷权益保护法实施办法 MEASURES FOR THE IMPLEMENTATION 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

2006-05-17 10:27   我要纠错 | 打印 | 收藏 | | |

国务院第118号令
(Promulgated by Decree No. 118 of the State Council of the People's Republic of China on July 19, 1993, and effective as of the same date)
颁布日期:19930719  实施日期:19930719  颁布单位:国务院

  Article 1 These Measures are enacted in accordance with 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.

  Article 2 The identity of returned overseas Chinese and family members of overseas Chinese shall be scrutinized and affirmed by departments of overseas Chinese affairs of local governments at county level or above where their domicile is registered, on the basis of the certificates issued by their work unit or sub district neighborhood office, or by the people's government of village, ethnic village or township. If necessary, assistance can be provided by the diplomatic or consular missions abroad of the People's Republic of China, or by Association of Returned Overseas Chinese.

  Identity of the other relatives who have been supported by overseas Chinese and returned overseas Chinese, shall be examined and affirmed on the basis of the certificate of forester ship provide by the notary public office.

  Article 3 The overseas Chinese who wants to return to the country for permanent residence, shall apply by himself (herself) to the diplomatic, consular missions or other organs abroad authorized by the Foreign Ministry of the People's Republic of China, or apply by himself (herself) or by his (her) relatives in the country to the public security organs of the city or county where he (she) is going to settle down. The certificate of settlement shall be issued by the public security organs of provinces, autonomous regions or the municipalities directly under the Central Government, according to relevant state regulations.

  Article 4 Local people's governments and departments concerned, shall make arrangements for overseas Chinese who have returned to the country for permanent residence, according to relevant state regulations.

  Article 5 The All-China Association of Returned Overseas Chinese and its local organizations, shall conduct their activities according to their constitutions, to protect the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese.

  Returned overseas Chinese and the family members of overseas Chinese shall have the right to establish other social organizations according to law and to conduct legitimate activities suitable to their needs.

  The lawful rights and interests, and the legitimate activities of the social organizations of returned overseas Chinese and the family members of overseas Chinese conducted according to their constitutions, shall be protected by law. The property owned by such organizations in accordance with law, shall not be appropriated or infringed upon by any organizations or individuals.

  Article 6 The state shall, by taking proper measures, give support to enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese.

  The funds and materials specially provided by the state to enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese, shall be allocated and used for the specific purpose by local people's governments and relevant departments.

  Article 7 Enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese shall, according to law, have the right to use the state-owned land, mountain forests, beaches, or water areas and other natural resources which they have lawfully used. Their lawful rights and interests or the means of production, corps and products shall be protected by law, which no organizations or individuals may appropriate or infringe upon.

  Disputes between enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese and other organizations or individuals on the ownership of land and other natural resources, shall be solved by way of consultation between the parties or handled in accordance with relevant laws or regulations in case of failure in consultation.

  Article 8 Enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese may, in the light of practical conditions, set up schools and medical and health care institutions, to which the state shall give support and aid with respect to facilities and funds, and the local people's governments with teachers, medical personnel and their training.

  Article 9 Returned overseas Chinese and family members of overseas Chinese may invest in the establishment of industrial and commercial enterprises in various forms according to law. Their lawful rights and interests shall be protected by law.

  Local people's governments shall support returned overseas Chinese and family members of overseas Chinese to invest in the establishment of industrial and commercial enterprises, in the development of barren hills, waste lands and beaches, or to engage in agriculture, forestry, animal husbandry, sideline and fishery production.

  Acceptance by returned overseas Chinese and family members of overseas Chinese of donations of small-sized tools of production from their relatives and friends outside the country for direct use in industrial and agricultural production, processing, maintenance, and import of fine seeds, saplings, fine breed of domestic animals, fowls and eggs approved shall be handled in accordance with the relevant state regulations.

  Article 10 Local people's governments and relevant departments shall support returned overseas Chinese and family members of overseas Chinese to set up public welfare undertakings in the country, the lawful rights and interests of which shall be protected by law.

  Acceptance by returned overseas Chinese and family members of overseas Chinese of materials donated by their relatives and friends outside the country and used directly in public welfare undertakings, shall enjoy preferential treatment of duty reduction or exemption upon examination and approval of the application made by the organization that manages the public welfare undertakings.

  Article 11 The state shall protect the ownership of private houses in the country of returned overseas Chinese and family members of overseas Chinese. Returned overseas Chinese and family members of overseas Chinese shall, according to law, have the right to possess, use, dispose of or profit from their private houses, which no organizations or individuals may appropriate or infringe upon.

  Article 12 Those who rent the private houses of returned overseas Chinese and family members of overseas Chinese shall sign a contract of lease with the leasor, and shall register for record in the local competent authority of house property. At the termination of the lease contract, they shall return the houses back to the leasor.

  Article 13 The dismantlement unit shall, in accordance with relevant state regulations, make due compensation and appropriate arrangements for the returned overseas Chinese and the family members of overseas Chinese whose private houses are to be dismantled and removed as the state requisitions the land for national construction according to law. Before dismantling, the dismantlement unit shall provide necessary document of approval, the plan and the scheme of dismantling as stipulated by the state and apply to the competent authorities of house property of local people's government at county level or above for permission.

  Article 14 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 admission to schools of various kinds after compulsory education, by local enrollment departments in the light of the actual conditions.

  Article 15 Students who are returned overseas Chinese, children of returned overseas Chinese and children, residing in the country, of overseas Chinese, shall be given priority to employment on an equal basis with others, by state organs, social organizations or state-owned enterprises and institutions.

  The relevant authorities shall give support and aid to students who are returned overseas Chinese, children of returned overseas Chinese and children, residing in the country, of overseas Chinese, who get organized to obtain employment or seek jobs on their own.

  Article 16 Returned overseas Chinese and the family members of overseas Chinese may apply to go abroad for the purpose of studying at their own expense.

  The returned overseas Chinese and the family members of overseas Chinese who have record of formal schooling of undergraduate course or above, and apply to go abroad for the purpose of studying at their own expense, shall be given preferential treatment in accordance with relevant state regulations.

  Article 17 The returned overseas Chinese and the family members of overseas Chinese who go abroad for the purpose of studying at their own expense, shall have a retention period in public employment for one year from the date his (her) departure from the country is approved if he (she) is a public employee, or shall remain his (her) status as a student according to relevant state regulations if he (she) is a student at school of higher learning.

  Returned overseas Chinese and the family members of overseas Chinese who require the state to arrange jobs after finishing study abroad at their own expense, shall contact the diplomatic or consular missions abroad of the People's Republic of China to register half a year before graduation, and shall be given the same treatment of job arrangement with the students of same level studying abroad at public expense, by competent authorities of education or personnel department of the state, in accordance with relevant regulations.

  Article 18 Overseas remittance constitutes legal income of returned overseas Chinese and the family members of overseas Chinese, its ownership shall be protected by law and be given preferential treatment in respect of tax exemption according to law. No organizations or individuals can misappropriate, embezzle, forcibly deduct, delay payment, debit and credit without permission or freeze and confiscate unlawfully.

  Article 19 The ownership and the right of use of residences bought or constructed by returned overseas Chinese and the family members of overseas Chinese with overseas remittance, shall be protected by law.

  Local people's governments and relevant departments, shall give consideration to returned overseas Chinese and the family members of overseas Chinese who construct houses with overseas remittance, on construction land, materials and forces of construction.

  Article 20 The state shall protect the contacts and communications between returned overseas Chinese and the family members of overseas Chinese and their relatives and friends outside the country according to law. No organizations or individuals shall impose restrictions and interference unlawfully.

  The freedom and privacy of communications of returned overseas Chinese and the family members of overseas Chinese shall be protected by law, no organizations or individuals can open, hide, scrap or steal their postal matters illegally. The postal departments shall compensate or take remedial measures for the loss, damage or deficiency in contents of the postal matters with receipts for addressees of returned overseas Chinese and the family members of overseas Chinese according to law.

  Article 21 The unit, in which returned overseas Chinese and the family members of overseas Chinese work, shall put forward its views in time to their application to leave the country for private matter. The municipal or county public security organs, where the returned overseas Chinese and the family members of overseas Chinese are registered for their domicile, shall make a decision whether they approve or disapprove the application and inform the applicants within 30 days after receiving the application, or, 60 days for those public security organs in remote and in accessible areas.

  Applicants shall have the right to inquire if no notice with regard to results of examination for approval is given within the time limit prescribed in the preceding paragraph. The accepting organs shall make an appropriate reply. Applicants shall, if considering the decision of disapproving their departure from the country as not in line with the relevant laws and regulations, have the right to appeal to the higher public security organs, who shall dispose of the matter and make a reply.

  For returned overseas Chinese and the family members of overseas Chinese who desire to leave the country urgently for special circumstances such as critical illness or deaths of their directly-related members or the need for disposition of property outside the country within a prescribed time limit, the public security organs shall give priority to handling the matter on the basis of valid certificates provided by the applicants.

  Article 22 The matter of going abroad for the purpose of visiting their relatives by returned overseas Chinese and the family members of overseas Chinese, who work in state organs, social organizations or state-owned enterprises and institutions, and, who left their posts as veteran cadres, retired or quitted their posts, shall be dealt with in accordance with relevant state regulations. The units, in which they work, or, the departments concerned, shall make no provisions infringing upon their rights and interests of normally going abroad for the purpose of visiting their relatives.

  Article 23 For staff members and workers of returned overseas Chinese and the family members of overseas Chinese, who work in state organs, social organizations or state-owned enterprises and institutions, apply to leave the country and settle down abroad, the units in which they work, after the staff members or workers get the entry visa from the country (or region) in which they are going to settle down, shall go through their quitting formalities and provide severance pay according to relevant state regulations.

  Returned overseas Chinese and the family members of overseas Chinese, who left their posts as veteran cardres, retired or quitted their posts from state organs, social organizations and state-owned enterprises and institutions and settled down outside the country, shall every year provide to their former work units a living certificate produced by the diplomatic or consular missions abroad of the People's Republic of China, or, that produced by the local notary public office and authenticated by China's diplomatic or consular missions abroad, shall continue to receive their pensions after leaving the country for settling down abroad.

  The work units of the staff members and workers and the departments concerned listed in Section 1 and Section 2 of this Article, shall make no provisions infringing upon their rights and interests of normally leaving the country for settling down abroad.

  Article 24 For the treatment for staff members and workers of returned overseas Chinese working in enterprises and institutions of collective ownership, after leaving the country for the purpose of visiting their relatives or settling down abroad, the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government may make relevant regulations with reference to the treatment of the personnel of the same category instate-owned enterprises and institutions integrating with their own specific conditions.

  Article 25 Returned overseas Chinese and the family members of overseas Chinese who have been approved to leave the country for the purpose of visiting their relatives or settling down abroad may exchange a certain amount of foreign currency in accordance with relevant state regulations. For those who have left the country and settled down abroad, their pensions after they left their posts as veteran cadres, retired or quitted their posts may be changed into foreign currency and remitted abroad, or brought outside the country.

  Article 26 The diplomatic, consular missions abroad of the People's Republic of China 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.

  The departments concerned and the diplomatic, consular missions abroad of the People's Republic of China, shall, provide help to returned overseas Chinese and the family members of overseas Chinese who need to dispose of their property outside the country or to inherit or accept the estate, legacy or donation, and, if necessary, handle the relevant matter on their behalf.

  The diplomatic, consular missions abroad of the People's Republic of China shall provide help to handle the relevant matter to receive pensions outside the country for returned overseas Chinese and the family members of overseas Chinese and to receive, transfer the money on their behalf.

  Returned overseas Chinese and the family members of overseas Chinese who transfer their property abroad into the country shall handle the matter in accordance with relevant state regulations. The foreign exchange transformed from their property and remitted into the country shall, according to law, enjoy preferential treatment of duty exemption.

  Article 27 Returned overseas Chinese and the family members of overseas Chinese shall, where their lawful rights and interests are violated, 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 according to law.

  Article 28 For personnel of state organs who violate the rights and interests of returned overseas Chinese and the family members of overseas Chinese, their work units or higher competent authorities shall instruct them to correct or give administrative sanctions, or, if the circumstances of a case are serious and if it constitutes a criminal offence, the personnel shall be prosecuted for criminal liability according to law.

  Article 29 The provinces, autonomous regions and municipalities directly under the Central Government may, pursuant to 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 with these Measures and relevant regulations, formulate measures for implementation respectively.

  Article 30 Office of Overseas Chinese Affairs of the State Council of the People's Republic of China shall be responsible for the interpretation of these Measures.

  Article 31 These Measures shall enter into force as of the date of its promulgation.

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