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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 Amendment) [Revised]
中华人民共和国归侨侨眷权益保护法(2000修正) [已被修订]
【法宝引证码】

 
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 中华人民共和国归侨侨眷权益保护法

(Adopted at the 15th Meeting of the Standing Committee of the Seventh National People's Congress on September 7, 1990; amended according to the Decision on Revision 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 adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 31, 2000)

 

(1990年9月7日第七届全国人民代表大会常务委员会第十五次会议通过 根据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《关于修改〈中华人民共和国归侨侨眷权益保护法〉的决定》修正)


 

Article 1 This Law is enacted in accordance with the Constitution with a view to protecting the lawful rights and interests of returned overseas Chinese and the family members of 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。

 
Article 2 Returned overseas Chinese denote overseas Chinese who have returned to the country and taken it as their place of permanent residence. Overseas Chinese denote Chinese citizens who have settled down abroad.   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。

Family members of overseas Chinese denote the family members, residing in the country, of overseas Chinese and returned overseas Chinese.
 
侨眷是指华侨、归侨在国内的眷属。

The family members of overseas Chinese referred to in this Law include overseas Chinese's and returned overseas Chinese's spouses, parents, children and their spouses, brothers and sisters, paternal grand-parents, maternal grand-parents, grand-children and other relations who have long supported or been supported by overseas Chinese or returned overseas Chinese.
 
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、归侨有长期扶养关系的其他亲属。

 
Article 3 Returned overseas Chinese and the family members of overseas Chinese shall be entitled to the citizen's rights prescribed by the Constitution and the law and at the same time shall perform the citizen's duties prescribed by the Constitution and the law. No organization or individual may discriminate against them.   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。

The State shall, in accordance with the actual conditions and the characteristics of returned overseas Chinese and the family members of overseas Chinese, give them appropriate preferential treatment, and the specific measures thereof shall be formulated by the State Council or the relevant competent departments under the State Council.
 
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 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.   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。

 
Article 5 The State shall make arrangements for overseas Chinese who have returned to the country and taken it as their place of permanent residence.   第五条 国家对回国定居的华侨给予安置。

 
Article 6 Returned overseas Chinese shall be entitled to appropriate representation on the National People's Congress and local people's congresses in places where there are relatively large numbers of returned overseas Chinese.   第六条 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。

 
Article 7 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.   第七条 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。

The property of the public organizations established according to law by returned overseas Chinese and the family members of overseas Chinese shall be protected by law, and shall not be infringed upon by any organization or individual.
 
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。

 
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.   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。

 
Article 9 The State shall give support to enterprises such as agricultural or forest farms which have provided placement for returned overseas Chinese. No organization or individual may appropriate the land lawfully used by such enterprises or infringe upon their lawful rights and interests.   第九条 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。

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.
 
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。

 
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.   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 11 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.   第十一条 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。

 
Article 12 People's governments at various levels shall support returned overseas Chinese and the family members of overseas Chinese to set up public welfare establishments in the country. Their lawful rights and interests shall be protected by law.   第十二条 归侨、侨眷在国内兴办公益事业,各级人民政府应当给予支持,其合法权益受法律保护。

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.
 
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。

 
Article 13 The State shall, in accordance with the law, protect the ownership of private houses, in the country, of returned overseas Chinese and the family members of overseas Chinese.   第十三条 国家依法保护归侨、侨眷在国内私有房屋的所有权。

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.
 
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。

 
Article 14 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.   第十四条 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。

 
Article 15 The State shall protect the income of returned overseas Chinese and the family members of overseas Chinese from remittance sent by overseas Chinese.   第十五条 国家保护归侨、侨眷的侨汇收入。

 
Article 16 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.   第十六条 归侨、侨眷有权接受境外亲友的遗赠或者赠与。

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.
 
归侨、侨眷继承境外遗产的权益受法律保护。

Returned overseas Chinese and the family members of overseas Chinese shall have the right to dispose of their property outside the country.
 
归侨、侨眷有权处分其在境外的财产。

 
Article 17 Contacts and communications between returned overseas Chinese and the family members of overseas Chinese and their relatives and friends outside the country shall be protected by law.   第十七条 归侨、侨眷与境外亲友的往来和通讯受法律保护。

 
Article 18 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.   第十八条 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。

 
Article 19 The State shall safeguard the right of returned overseas Chinese and the family members of overseas Chinese to leave the country for the purpose of visiting their relatives.   第十九条 国家保障归侨、侨眷出境探亲的权利。

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.
 
归侨、侨眷职工按照国家有关规定享受出境探亲的待遇。

 
Article 20 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.   第二十条 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。

 
Article 21 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.   第二十一条 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。

 
Article 22 The State 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.   第二十二条 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 23 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.   第二十三条 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。

 
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.   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。

 
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.   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。

 
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.   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。

 
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.   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。

 
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.   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。

 
Article 29 The State Council shall, on the basis of this Law, formulate measures for its implementation.   第二十九条 国务院根据本法制定实施办法。

The standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government may, pursuant to this Law and the State Council's measures for implementation, formulate measures for implementation respectively.
 
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。

 
Article 30 This Law shall enter into force as of January 1, 1991.   第三十条 本法自1991年1月1日起施行。
 
     
     
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