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| THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA OF THE PROTECTION OF THE RIGHTS AND INTERESTS OF RETURNED OVERSEAS CHINESE AND RELATIVES OF OVERSEAS CHINESE | | 中华人民共和国归侨侨眷权益保护法 |
(Adopted at the Fifteenth Meeting of the Stand Committee of the Seventh National People's Congress on September 7, 1990, Promulgated by Order No. 33 of the President of the People's Republic of China on September 7, 1990, and effective on January 1, 1991) | |
（１９９０年９月７日第七届全国人民 |
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《中华人民共和国归侨侨眷权益保护法》已由中华人民共和国第七届全国人民代表大会常务委员会第十五次会议于１９９０年９月７日通过，现予公布。自１９９１年１月１日起施行。 |
| Article 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of returned overseas Chinese and relatives of overseas Chinese. | |
中华人民共和国主席 杨尚昆 |
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１９９０年９月７日 |
| Article 2. "Returned overseas Chinese" refers to those overseas Chinese who have returned to and settle down in the motherland."Overseas Chinese" refers to those Chinese citizens who have settled down abroad. | |
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"Relatives of overseas Chinese" refers to the relatives, residing in China, of both overseas Chinese and returned overseas Chinese. | | 第一条 为了保护归侨、侨眷的合法的权利和利益，根据宪法，制定本法。 |
The term "relatives of overseas Chinese", as used in this Law,includes the following relatives of overseas Chinese and of returned overseas Chinese: their spouses, their parents, their children, the spouses of their children, their brothers and sisters, their grandparents and grand children as well as their other relatives who have established with them a long-standing fostering relationship. | |
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| | 第二条 归侨是指回国定居的华侨。华侨是指定居在国外的中国公民。 |
| Article 3. Returned overseas Chinese and relatives of overseas Chinese shall enjoy citizen's rights as well as perform citizen'sobligations as provided for in the Constitutions and laws; no organizations or individuals shall discriminate against them. | |
侨眷是指华侨、归侨在国内的眷属。 |
The State shall make appropriate allowance for returned overseas Chinese and relatives of overseas Chinese in accordance with their actual conditions and special features; the relevant specific measures shall be formulated by the State Council or the competent authorities concerned under the State Council. | |
本法所称侨眷包括：华侨、归侨的配偶，父母，子女及其配偶，兄弟姐妹，祖父母、外祖父母，孙子女、外孙子女，以及同华侨、归侨有长期抚养关系的其他亲属。 |
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| Article 4. The State shall make arrangements for the establishment of the overseas Chinese who have returned to the motherland for resettlement. | | 第三条 归侨、侨眷享有宪法和法律规定的公民的权利，并履行宪法和法律规定的公民的义务，任何组织或者个人不得歧视。 |
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国家根据实际情况和归侨、侨眷的特点，给予适当照顾，具体办法由国务院或者国务院有关主管部门规定。 |
| Article 5. An appropriate number of deputies shall be elected from among returned overseas Chinese to the National People's Congress and to the local people's congresses in the regions inhabited with a relatively large number of returned overseas Chinese. | |
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| | 第四条 国家对回国定居的华侨给予安置。 |
| Article 6. Returned overseas Chinese and relatives of overseas Chinese shall have the right to set up social organizations according to law to protect the lawful rights and interests of returned overseas Chinese and relatives of overseas Chinese, and to carry out lawful social activities that meet the needs of returned overseas Chinese and relatives of overseas Chinese. | |
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The property of the social organizations set up, according to law, by returned overseas Chinese and relatives of overseas Chinese shall be protected by law, and no organizations or individuals shall encroach upon the said property. | | 第五条 全国人民代表大会和归侨人数较多地区的地方人民代表大会应当有适当名额的归侨代表。 |
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| Article 7. The State shall give support to farms, forest farms and other enterprises, where returned overseas Chinese have been helped by the State to settle down; no organizations or individuals shall encroach upon the land the returned overseas Chinese have the right to use, or infringe upon their lawful rights and interests. | | 第六条 归侨、侨眷有权依法组织社会团体，维持归侨、侨眷的合法权益，进行适合归侨、侨眷需要的合法的社会活动。 |
Farms, forest farms and other enterprises, where returned overseas Chinese are settled down, may set up, according to needs schools and medical/health centres, and the State shall give them support in such respects as working personnel, equipment and outlay. | |
归侨、侨眷依法成立的社会团体的财产受法律保护，任何组织或者个人不得侵犯。 |
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| Article 8. In case that returned overseas Chinese or relatives of overseas Chinese make investments in the establishment of industrial and commercial enterprises or in the reclamation of barren hills, wasteland and boggy beaches, or engage in such production activities as agriculture, forestry, animal husbandry,sideline occupations and fishery, the local people's governments at various levels shall give support to them, and their lawful rights and interests shall be protected by law. | | 第七条 国家对安置归侨的农场、林场等企业给予扶持，任何组织或者个人不得侵占其合法使用的土地，不得侵犯其合法权益。 |
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安置归侨的农场、林场等企业可以根据需要，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。 |
| Article 9. In case that returned overseas Chinese or relatives of overseas Chinese establish public welfare undertakings in the country, the local people's governments at various levels shall give support to them, and their lawful rights and interests shall be protected by law. | |
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In cases where returned overseas Chinese and relatives of overseas Chinese accept and use goods and materials donated voluntarily by their relatives and friends abroad in establishing public welfare undertakings, the cases shall be handled in accordance with the pertinent provisions of the State, and they shall enjoy the preferential treatment of reduction of, or exemption from, customs duties. | | 第八条 归侨、侨眷投资举办工商企业，投资开发荒山、荒地、滩涂，或者从事农业、林业、牧业、副业、渔业生产，地方各级人民政府应当给予支持，其合法权益受法律保护。 |
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| Article 10. The State shall, according to law, protect the proprietary rights of houses privately owned by returned overseas Chinese and relatives of overseas Chinese. | | 第九条 归侨、侨眷在国内举办公益事业，各级人民政府应当给予支持，其合法权益受法律保护。 |
In case that houses privately owned by returned overseas Chinese or relatives of overseas Chinese are to be requisitioned or dismantled and removed, according to law, to meet the needs of State construction projects, the units that undertake the said construction projects shall, in accordance with the pertinent provisions of the State, give corresponding compensation to, and arrange proper accommodation for, the returned overseas Chinese or the relatives of overseas Chinese concerned. | |
归侨、侨眷接受境外亲友自愿捐赠的物资用于公益事业的，按照国家有关规定办理并享受减征或者免征关税的优惠待遇。 |
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| Article 11. When returned overseas Chinese students,children of returned overseas Chinese or children of overseas Chinese residing in China intend to enter a higher school or to find employment, due allowance shall be made therefore in accordance with the pertinent provisions of the State. | | 第十条 国家依法保护归侨、侨眷在国内私有房屋的所有权。 |
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国家建设依法征用、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相应补偿和妥善安置。 |
| Article 12. The State shall protect the overseas remittances received by returned overseas Chinese and relatives of overseas Chinese. | |
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| | 第十一条 归侨学生、归侨子女和华侨在国内的子女升学、就业，按照国家有关规定给予照顾。 |
| Article 13. Returned overseas Chinese and relatives of overseas Chinese shall have the right to inherit or to accept legacies,bequeathments or gifts from their relatives or friends residing outside the country. | |
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Returned overseas Chinese and relatives of overseas Chinese shall have the right to dispose of their properties outside the country. | | 第十二条 国家保护归侨、侨眷的侨汇收入。 |
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| Article 14. The contacts and correspondence of returned overseas Chinese and relatives of overseas Chinese with their relatives and friends outside the country shall be protected by law. | | 第十三条 归侨、侨眷有权继承或者接受境外亲友的遗产、遗赠或者赠与。 |
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归侨、侨眷有权处分其在境外的财产。 |
| Article 15. In case that returned overseas Chinese and relatives of overseas Chinese apply for the permission to leave the country, the competent authorities concerned shall examine and approve the application within a prescribed time limit. | |
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If returned overseas Chinese or relatives of overseas Chinese have actual urgent needs to leave the country owing to such special circumstances as critical illness or death of their lineal relatives or disposal of their properties outside the country within a prescribed time limit, the competent authorities concerned shall examine and approve the applications in goods time in accordance with the valid certification provided by the applicants. | | 第十四条 归侨、侨眷与境外亲友的往来和通讯受法律保护。 |
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| Article 16. The State shall protect the right of returned overseas Chinese and relatives of overseas Chinese to leave the country for a visit to their relatives abroad. | | 第十五条 归侨、侨眷申请出境，有关主管部门应当在规定的期限内审批。 |
The returned overseas Chinese and the relatives of overseas Chinese who are functionaries or workers in government organs or inState-run enterprises or institutions shall, according to the pertinent provisions of the State, enjoy the treatment of going abroad for a visit to their relatives outside the country. | |
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及时审批。 |
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| Article 17. Returned overseas Chinese and relatives of overseas Chinese shall have the right to leave the country and settle down abroad. | | 第十六条 国家保障归侨、侨眷出境探亲的权利。 |
In case that returned overseas Chinese and relatives of overseas Chinese, who served as functionaries or workers and have retired(either as veteran cadres or as ordinary functionaries and or resigned from office, leave the country and settle down abroad,they shall continue to receive their retirement payment or resignation payment. | |
国家机关和国营企业事业单位的归侨、侨眷职工，按照国家有关规定享受出境探亲的待遇。 |
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| Article 18. In case that returned overseas Chinese and relatives of overseas Chinese apply for studying abroad as self-paid students, due allowance shall be made therefor in accordance with the pertinent provisions of the State. | | 第十七条 归侨、侨眷有权出境定居。 |
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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、退职金照发。 |
| Article 19. With respect to the legitimate rights and interests, in foreign countries, of returned overseas Chinese and relatives of overseas Chinese, the Chinese government shall offer them protection in accordance with the international treaties to which the People's Republic of China is a contracting or acceding party or in accordance with international practice. | |
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| | 第十八条 归侨、侨眷申请自费出国学习，按照国家有关规定给予照顾。 |
| Article 20. In cases where the legitimate rights and interests of returned overseas Chinese and relatives of overseas Chinese have been encroached upon, they shall have the right to appeal to the competent authorities concerned for handling the cases according to law, or to bring a suit before a people's court. | |
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| | 第十九条 国家对归侨、侨眷在境外的正当权益，根据中华人民共和国缔结或者参加的国际条约或者国际惯例，给予保护。 |
| Article 21. The measures for implementation shall be formulated by the State Council in accordance with this Law. | |
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The standing committees of the people's congresses of various provinces, autonomous regions and municipalities directly under the Central Government shall formulate their specific measures for implementation in accordance with this Law and the measures for implementation formulated by the State Council. | | 第二十条 归侨、侨眷的合法权益受到侵犯的，归侨、侨眷有权要求有关主管部门依法处理，或者依法向人民法院提起诉讼。 |
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| Article 22. This Law shall enter into effect on January 1, 1991. | | 第二十一条 国务院根据本法制定实施办法。 |
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省、自治区、直辖市的人民代表大会常务委员会可以根据本法和国务院的实施办法，制定实施办法。 |
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| | 第二十二条 本法自１９９１年１月１日起施行。 |
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