| Order of the President of the People's Republic of China | | 主席令 |
(No. 39) | | （第三十九号） |
The Decision of the Standing Committee of the National People's Congress on Amending 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, as adopted at the 18th Session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 31, 2000, is hereby issued and shall come into force as of the date of issuance. | | 《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》已由中华人民共和国第九届全国人民代表大会常务委员会第十八次会议于2000年10月31日通过，现予公布，自公布之日起施行。 |
President of the People's Republic of China: Jiang Zemin | | 中华人民共和国主席 江泽民 |
October 31, 2000 | | 2000年10月31日 |
Decision of the Standing Committee of the National People's Congress on Amending 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 (2000) | | 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 |
| (adopted at the 18th session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 31, 2000) | | （２０００年１０月３１日第九届全国人民代表大会常务委员会第十八次会议通过） |
| As decided by the 18th session of the Standing Committee of the Ninth National People's Congress,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 Chineseshall be amended as follows: | | 第九届全国人民代表大会常务委员会第十八次会议决定对《中华人民共和国归侨侨眷权益保护法》作如下修改： |
| 1.One article is added as 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." | | 一、增加一条，作为第四条：“县级以上各级人民政府及其负责侨务工作的机构，组织协调有关部门做好保护归侨、侨眷的合法权益的工作。” |
| 2. Paragraph 1, Article 6 is renumbered as Paragraph 1, Article 7 and amended 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." | | 二、第六条第一款改为第七条第一款，修改为：“归侨、侨眷有权依法申请成立社会团体，进行适合归侨、侨眷需要的合法的社会活动。” |
| 3.One article is added as 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." | | 三、增加一条，作为第八条：“中华全国归国华侨联合会和地方归国华侨联合会代表归侨、侨眷的利益，依法维护归侨、侨眷的合法权益。” |
| 4.Paragraph 2,Article 7 is renumbered as Paragraph 2, Article 9 and amended 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." | | 四、第七条第二款改为第九条第二款，修改为：“在安置归侨的农场、林场等企业所在的地方，可以根据需要合理设置学校和医疗保健机构，国家在人员、设备、经费等方面给予扶助。” |
| 5.One article is added as 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. | | 五、增加一条，作为第十条：“国家依法维护归侨、侨眷职工的社会保障权益。用人单位及归侨、侨眷职工应当依法参加当地的社会保险，缴纳社会保险费用。 |
| 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." | | “对丧失劳动能力又无经济来源或者生活确有困难的归侨、侨眷，当地人民政府应当给予救济。” |
| Article 8 8 is renumbered as Article 11 and amended 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." | | 六、第八条改为第十一条，修改为：“国家鼓励和引导归侨、侨眷依法投资兴办产业，特别是兴办高新技术企业，各级人民政府应当给予支持，其合法权益受法律保护。” |
| 7.Paragraph 2,Article 9 is renumbered as Paragraph 2, Article 12 and amended 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." | | 七、第九条第二款改为第十二条第二款，修改为：“归侨、侨眷境外亲友捐赠的物资用于国内公益事业的，依照法律、行政法规的规定减征或者免征关税和进口环节的增值税。” |
| 8.Paragraph 2,Article 10 is renumbered as Paragraph 2, Article 13 and amended 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." | | 八、第十条第二款改为第十三条第二款，修改为：“依法征用、拆迁归侨、侨眷私有房屋的，建设单位应当按照国家有关规定给予合理补偿和妥善安置。” |
| 9. Article 11 is renumbered as Article 14 and amended to read: "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. | | 九、第十一条改为第十四条，修改为：“各级人民政府应当对归侨、侨眷就业给予照顾，提供必要的指导和服务。” |
| 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." | | “归侨学生、归侨子女和华侨在国内的子女升学，按照国家有关规定给予照顾。” |
| 10. Paragraph 1,Article 13 is renumbered as Paragraph 1, Article 16 and amended 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." | | 十、第十三条第一款改为第十六条第一款，修改为：“归侨、侨眷有权接受境外亲友的遗赠或者赠与。” |
| One paragrapg is added as Paragraph 2, Article 16 :"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." | | 增加一款，作为第十六条第二款：“归侨、侨眷继承境外遗产的权益受法律保护。” |
| Paragraph 2, Article 13 is renumbered as Paragraph 3, Article 16. | | 第十三条第二款作为第十六条第三款。 |
| 11.Article 15 is renumbered as Article 18 and amended 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. | | 十一、第十五条改为第十八条，修改为：“归侨、侨眷申请出境，有关主管部门应当在规定期限内办理手续。 |
| 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. | | “归侨、侨眷确因境外直系亲属病危、死亡或者限期处理境外财产等特殊情况急需出境的，有关主管部门应当根据申请人提供的有效证明优先办理手续。” |
| 12.Paragraph 2,Article 16 is renumbered as Paragraph 2, Article 19 and amended 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." | | 十二、第十六条第二款改为第十九条第二款，修改为：“归侨、侨眷职工按照国家有关规定享受出境探亲的待遇。” |
| 13.Article 17 is renumbered as Article 20 and amended to read: “Returned overseas Chinese and the family members of overseas Chinese may, in accordance with 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. | | 十三、第十七条改为第二十条，修改为：“归侨、侨眷可以按照国家有关规定申请出境定居，经批准出境定居的，任何组织或者个人不得损害其合法权益。 |
| 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." | | “离休、退休、退职的归侨、侨眷职工出境定居的，其离休金、退休金、退职金、养老金照发。” |
| 14.Article 18 is renumbered as Article 21 and amended 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." | | 十四、第十八条改为第二十一条，修改为：“归侨、侨眷申请自费出境学习、讲学的，或者因经商出境的，其所在单位和有关部门应当提供便利。” |
| 15.Article 20 is renumbered as Article 23 and amended 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." | | 十五、第二十条改为第二十三条，修改为：“归侨、侨眷合法权益受到侵害时，被侵害人有权要求有关主管部门依法处理，或者向人民法院提起诉讼。归国华侨联合会应当给予支持和帮助。” |
| 16.One article is added as 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." | | 十六、增加一条，作为第二十四条：“国家机关工作人员玩忽职守或者滥用职权，致使归侨、侨眷合法权益受到损害的，其所在单位或者上级主管机关应当责令改正或者给予行政处分；构成犯罪的，依法追究刑事责任。” |
| 17.One article is added as 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." | | 十七、增加一条，作为第二十五条：“任何组织或者个人侵害归侨、侨眷的合法权益，造成归侨、侨眷财产损失或者其他损害的，依法承担民事责任；构成犯罪的，依法追究刑事责任。” |
| 18.One article is added as 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." | | 十八、增加一条，作为第二十六条：“违反本法第九条第一款规定，非法占用安置归侨的农场、林场合法使用的土地，有关主管部门应当责令退还；造成损失的，依法承担赔偿责任。” |
| 19.One article is added as 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." | | 十九、增加一条，作为第二十七条：“违反本法第十三条规定，非法侵占归侨、侨眷在国内私有房屋的，有关主管部门应当责令退还；造成损失的，依法承担赔偿责任。” |
| 20.One article is added as 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 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 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." In addition, on the basis of this Decision, corresponding readjustment shall be made to the wording and the order of certain articles. | | 二十、增加一条，作为第二十八条：“违反本法第二十条第二款规定，停发、扣发、侵占或者挪用出境定居的归侨、侨眷的离休金、退休金、退职金、养老金的，有关单位或者有关主管部门应当责令补发，并依法给予赔偿；对直接负责的主管人员和其他直接责任人员，依法给予行政处分；构成犯罪的，依法追究刑事责任。”此外，根据本决定对部分条文的文字作相应的修改，并对条文顺序作相应调整。 |
| This Decision shall come into force on the date of promulgation. | | 本决定自公布之日起施行。 |
| 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 Chineseshall be amended according to this Decision, and then re-promulgated. | | 《中华人民共和国归侨侨眷权益保护法》根据本决定作相应的修改，重新公布。 |
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