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| Order of the State Council of the People's Republic of China | | 中华人民共和国国务院令 |
(No. 410) | |
（第410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 the Returned Overseas Chinese and the Relatives of Overseas Chinese were adopted at 53rd executive meeting of the State Council on June 4, 2004. They are hereby promulgated and shall come into effect as of July 1, 2004. | |
《中华人民共和国归侨侨眷权益保护法实施办法》已经2004年6月4日国务院第53次常务会议通过，现予公布，自2004年7月1日起施行。 |
Premier Wen Jiabao | |
总理 温家宝 |
June 23, 2004 | |
二00四年六月二十三日 |
Measures for the Implementation of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Returned Overseas Chinese and the Relatives of Overseas Chinese | |
中华人民共和国归侨侨眷权益保护法实施办法 |
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| Article 1 The present Measures are formulated in accordance with the provisions of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Returned Overseas Chinese and the Relatives 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。 |
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| Article 2 The status of a returned overseas Chinese or the relative of an overseas Chinese shall, upon his (her) personal application, be subject to the determination by the overseas Chinese affairs department of the people's government on the county level or above where his (her) permanent residence is located. | | 第二条 归侨、侨眷的身份，由其常住户口所在地的县级以上地方人民政府负责侨务工作的机构根据本人申请审核认定。 |
Where a relative who maintains a long-term support relationship with an overseas Chinese or a returned overseas Chinese applies for certifying his (her) status as a relative of overseas Chinese, he (she) shall provide the support certification issued by a notary institution. | |
与华侨、归侨有长期扶养关系的亲属申请认定侨眷身份的，应当提供由公证机构出具的扶养证明。 |
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| Article 3 After the death of an overseas Chinese or returned overseas Chinese, or after the status of an overseas Chinese changes, the status of the his (her) domestic relative (s) certified in pursuance of law shall not change. | | 第三条 华侨、归侨去世后或者华侨身份改变后，其国内眷属原依法认定的侨眷身份不变。 |
If a person who rescinds his or her marriage relationship with an overseas Chinese, returned overseas Chinese or his or her son or daughter, or rescinds the support relationship with an overseas Chinese or returned overseas Chinese, his or her status as a relative of the overseas Chinese that has been lawfully certified shall not exist any longer. | |
依法与华侨、归侨及其子女解除婚姻关系，或者与华侨、归侨解除扶养关系的，其原依法认定的侨眷身份丧失。 |
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| Article 4 The people's governments on the county level or above shall pay attention to and strengthen the protection of the rights and interests of the returned overseas Chinese and the relatives of overseas Chinese. | | 第四条 县级以上地方各级人民政府应当重视和加强归侨、侨眷合法权益保护工作。 |
The overseas affairs institutions of the people's governments on the county level and above shall organize and coordinate the relevant departments to protect the rights and interests of the returned overseas Chinese and the relatives of overseas Chinese, and shall, within their respective administrative area, organize supervision and inspection over the implementation of the laws and regulations governing the protection of the rights and interests of the returned overseas Chinese and the relatives of overseas Chinese. | |
县级以上人民政府负责侨务工作的机构应当组织协调有关部门做好保护归侨、侨眷合法权益的工作，并组织开展本行政区域内归侨、侨眷权益保护的法律、法规执行情况的监督、检查。 |
The relevant departments of the people's governments on the county level or above shall, within their respective functions, try every effort to protect the legitimate rights and interests of the returned overseas Chinese and the relatives of overseas Chinese. | |
县级以上人民政府有关部门应当在各自的职责范围内做好归侨、侨眷合法权益的保护工作。 |
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| Article 5 Where an overseas Chinese requests to reside in China permanently, he (she) shall be issued a certification for returning to China for permanent residence in accordance with the provisions of the state on entry & exit administration. | | 第五条 华侨要求回国定居的，按照国家有关出入境管理的规定核发回国定居证明。 |
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| Article 6 The local people's governments and relevant departments shall properly resettle the overseas Chinese who return to China for permanent residence in compliance with the relevant provisions of the state. | | 第六条 地方人民政府和有关部门对回国定居的华侨，按照国家有关规定给予安置。 |
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| Article 7 All China Federation of Returned Overseas Chinese and local federations of returned Chinese shall carry out activities according to their articles of association, and shall protect the legitimate rights and interests of the returned overseas Chinese and the relatives of overseas Chinese. | | 第七条 中华全国归国华侨联合会以及地方归国华侨联合会按照其章程开展活动，维护归侨、侨眷的合法权益。 |
The returned overseas Chinese and the relatives of overseas Chinese shall, in pursuance of the law, be entitled to apply for establishing other social groups so as to carry out lawful activities needed by returned overseas Chinese and the relatives of overseas Chinese. | |
归侨、侨眷有权依法申请成立其他社会团体，进行适合归侨、侨眷需要的合法的社会活动。 |
The legitimate rights and interests of returned overseas Chinese and the relatives of overseas Chinese and the lawful activities carried out by them according to the articles of association shall be protected by law. Their lawful properties shall not be seized or impaired by any organization or individual. | |
归侨、侨眷社会团体的合法权益以及按照章程进行的合法活动，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。 |
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| Article 8 The funds appropriated by the peoples'governments of all levels to the farms, forestry centers and other enterprises for the resettlement of returned overseas Chinese shall be exclusively used for the aforesaid purpose. No organization or individual may misappropriate, withhold or privately divide such fund. | | 第八条 各级人民政府核拨给安置归侨的农场、林场等企业的专项经费应当专款专用，任何组织和个人不得挪用、截留或者私分。 |
The local people's governments shall support the farms, forestry centers and other enterprises that resettle the returned overseas Chinese. | |
地方人民政府应当对安置归侨的农场、林场等企业给予扶持。 |
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| Article 9 With regard to the land, mountain forest, boggy beaches, water surface and other resources lawfully used by the farms, forestry centers and other enterprises for the resettlement of returned overseas Chinese, these enterprises shall, in accordance with the law, hold the use right. Their productive materials, crops and products shall not be seized or impaired by any organization or individual. Where the land of a farm or forestry center for the resettlement of returned overseas Chinese is requisitioned lawfully by the state, indemnities shall be made in accordance with the law. | | 第九条 安置归侨的农场、林场等企业合法使用的土地、山林、滩涂、水面等资源，企业依法享有使用权，其拥有的生产资料、经营的作物、生产的产品，任何组织或者个人不得侵占、损害；国家依法征收或者征用安置归侨的农场、林场的土地的，依法给予补偿。 |
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Article 10 The schools and medical health care institutions established at the places where the farms, forestry centers and other enterprises resettling returned overseas Chinese are located shall be incorporated into the education and health programs of the local people's governments respectively, and they shall be subject to unified management.
．．．．．． | | 第十条 在安置归侨的农场、林场等企业所在的地方设置的学校、医疗保健机构，应当纳入地方人民政府的教育、卫生规划，统一管理。
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