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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 Family Members of Overseas Chinese [Expired]
中华人民共和国归侨侨眷权益保护法实施办法 [失效]
【法宝引证码】

 
Decree of the State Administration for Industry and Commerce of the People's Republic of China 

中华人民共和国国务院令


(No. 118)
 
(第118号)


The 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 Family Members of Overseas Chinese is hereby promulgated and shall enter into force as of the date of promulgation.
 
现发布《中华人民共和国归侨侨眷权益保护法实施办法》,自发布之日起施行。

Prime Minister Li Peng
 
总理 李鹏

July 19, 1993
 
1993年7月19日

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 Family Members of Overseas Chinese
 
中华人民共和国归侨侨眷权益保护法实施办法

 
Article 1 These Measures are enacted in accordance with the provisions of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Family Members of Overseas Chinese.  第一条 根据《中华人民共和国归侨侨眷权益保护法》的规定,制定本办法。

 
Article 2 The identity of returned overseas Chinese or family members of overseas Chinese shall be confirmed after verifying the certificates issued by their work units or sub-district offices or by the people's governments of towns, nationality towns or townships, by departments in change of overseas Chinese affairs of the local peoples governments at or above the county level in the places where their permanent residences are registered. If necessary, the Chinese diplomatic or consular missions stationed abroad or the organization of association of returned overseas Chinese may provide assistance.  第二条 归侨、侨眷的身份,由其户籍所在地的县级或者县级以上地方人民政府侨务部门根据其所在工作单位、街道办事处或者乡、民族乡、镇人民政府出具的证明审核认定;必要时可以由我国驻外国的外交代表机关、领事机关或者归国华侨联合会组织提供协助。

The identity of other relatives who have long maintained relationship of support with overseas Chinese or returned overseas Chinese shall be confirmed after examining and verifying the certificates of support provided by notary public offices.
 
同华侨、归侨有长期扶养关系的其他亲属,其侨眷身份可以由公证机关出具扶养公证后审核认定。

 
Article 3 Overseas Chinese who wish to return and settle down in China shall apply to the diplomatic or consular missions or other organs stationed abroad and authorized by the Ministry of Foreign Affairs, may apply personally or through their relatives residing in China to the public security organs of the cities or counties where they wish to settle down. The certificates of settlement in China shall be and issued in accordance with relevant State regulations, by the public security organs of the provinces, autonomous regions or municipalities directly under the Central Government.  第三条 华侨要求回国定居的,由本人向我国驻外国的外交代表机关、领事机关或者外交部授权的其他驻外机关提出申请,也可以由本人或者经由其国内亲属向拟定居地的市、县公安机关提出申请,由省、自治区、直辖市公安机关按照国家有关规定核发回国定居证明。

 
Article 4 Local people's governments and departments concerned shall, according to relevant State regulations, make arrangements for overseas Chinese who have returned to settle down in their country.  第四条 地方人民政府和有关部门对回国定居的华侨,应当按照国家有关规定给予安置。

 
Article 5 The All - China Association of Returned Overseas Chinese and its local organizations shall conduct activities according to their constitutions and protect the lawful rights and interests of returned overseas Chinese and family members of overseas Chinese.  第五条 中华全国归国华侨联合会及其地方组织按照其章程开展活动,维护归侨、侨眷的合法权益。

Returned overseas Chinese and family members of overseas Chinese may establish other organizations according to law to conduct legitimate activities suitable to their needs.
 
归侨、侨眷可以依法组织其他社会团体,进行适合归侨、侨眷需要的合法活动。

The lawful rights and interests of the organizations of returned overseas Chinese and family members of overseas Chinese as well as the legitimate activities conducted according to their constitutions shall be protected by law. No organizations or individuals may seize or harm the property owned by such organizations.
 
归侨、侨眷社会团体的合法权益以及按照其章程所进行的合法活动,受法律保护;其依法拥有的财产,任何组织或者个人不得侵占、损害。

 
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.  第六条 国家对安置归侨的农场、林场等企业,采取适当措施给予扶持。

Local people's governments and departments concerned shall make special arrangements for and use of the funds and materials specially allocated by the State to enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese.
 
国家专项分配给安置归侨的农场、林场等企业的资金和物资,地方人民政府和有关部门应当专项安排、专款专用。

 
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, shoals, water areas and other natural resources which they have lawfully used. Their lawful rights and interests, means of production, crops and products shall be protected by law and shall be free from any seizure or harm by any organizations or individuals.  第七条 安置归侨的农场、林场等企业合法使用的国有土地、山林、滩涂、水面及其他自然资源,企业依法享有使用权,其合法权益及其拥有的生产资料、经营的作物、生产的产品受法律保护,任何组织或者个人不得侵占、损害。

If disputes arise between enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese and other organizations or individuals over the ownership of land or other natural resources, the disputing parties shall solve them through consultation; where consultation proves unsuccessful, the matter shall be handled in accordance with relevant laws or regulations.
 
安置归侨的农场、林场等企业与其他组织或者个人之间发生土地或者其他自然资源权属争议时,争议各方应当协商解决;协商不成的,依照有关法律、法规的规定处理。

 
Article 8 Where enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese have, in light of actual conditions, set up schools and medical and health care institutions, the local people's governments shall give support and aid with respect to recruitment and training of teachers and medical staff; the State shall provide aid in respect of facilities and funds.  第八条 安置归侨的农场、林场等企业根据实际情况设置学校和医疗保健机构的,地方人民政府在教师、医务人员的配备、培训等方面给予支持和帮助;国家在设备、经费等方面给予扶助。

 
Article 9 Returned overseas Chinese and family members of overseas Chinese may lawfully invest in various forms to establish industrial and commercial enterprises, whose lawful rights and interests shall be protected by law.  第九条 归侨、侨眷可以依法以各种形式投资兴办工商企业,其合法权益受法律保护。

Where returned overseas Chinese and family members of overseas Chinese invest to establish industrial and commercial enterprises, to develop barren hills, waste lands and shoals, or to engage in agricultural, forestry, animal husbandry, sideline and fishery production, the local people's governments shall give support.
 
归侨、侨眷投资兴办工商企业,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,地方人民政府应当给予支持。

Matters such as acceptance by returned overseas Chinese and family members of overseas Chinese of small - sized tools of production donated by their relatives and friends outside the country for direct use in industrial and agricultural production, processing or maintenance, and approved import of fine seeds or seedlings, fine breeds of livestock, fowls and eggs, shall be handled in accordance with relevant State regulations.
 
归侨、侨眷接受境外亲友赠与的小型生产工具,直接用于工农业生产、加工、维修的,以及经批准进口的优良种苗、种畜、种禽、种蛋,按照国家有关规定办理。

 
Article 10 Local people's governments and departments concerned shall support returned overseas Chinese and family members of overseas Chinese to set up public welfare undertakings in the country, whose lawful rights and interests shall be protected by law.  第十条 归侨、侨眷在国内兴办公益事业,地方人民政府和有关部门应当给予支持,其合法权益受法律保护。

Materials accepted by returned overseas Chinese and family members of overseas Chinese from donations by their relatives and friends outside the country and used directly in public welfare undertakings shall enjoy treatment of duty reduction or exemption, subject to examination and approval by relevant competent department of the application made by the organization that manages the public welfare undertakings.
......
 
归侨、侨眷接受境外亲友赠与的物资,直接用于公益事业的,由举办该项公益事业的组织提出申请,经有关主管部门核准,享受减征或者免征关税的待遇。
......

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