CIRCULAR OF THE STATE COUNCIL CONCERNING THE ANNULMENT OF THESECOND BATCH OF REGULATIONS GOVERNING FOREIGN-RELATED MATTERS
CIRCULAR OF THE STATE COUNCIL CONCERNING THE ANNULMENT OF THESECOND BATCH OF REGULATIONS GOVERNING FOREIGN-RELATED MATTERS
Important Notice:
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document
CIRCULAR OF THE STATE COUNCIL CONCERNING THE ANNULMENT OF THE
SECOND BATCH OF REGULATIONS GOVERNING FOREIGN-RELATED MATTERS
(September 27, 1988)
In order to speed up the implementation of the strategy for economic
development in the coastal areas, and to promote the development of
export-oriented economy in the coastal areas of our country, the
departments concerned under the State Council, in accordance with the
planning and requirements of the State Council for the sorting out of
regulations governing foreign-related matters, have undertaken the sorting
out of the existing administrative regulations as well as other legal
documents (hereinafter referred to as "the regulations", for short),
promulgated by the State Council or promulgated with the approval of the
State Council. At present, the second batch of twelve regulations, which
have been sorted out and should be annulled, have been re-examined, piece
by piece, by the Leading Group under the State Council for the Sorting Out
of Regulations jointly with the Bureau of Legislative Affairs of the State
Council and by the State Council: and it is decided to announce the
annulment of the aforesaid regulations (See Annex I for the titles of the
aforesaid regulations). At the same time, the second batch of sixteen
regulations, which have become invalid automatically, have also been
sorted out and reexamined, piece by piece, by the Leading Group under the
State Council for the Sorting Out of Regulations jointly with the Bureau
of Legislative Affairs of the State Council: and now these sixteen invalid
regulations (See Annex II for their titles) are also included here as
Annex II in order to help various regions and departments concerned obtain
an overall understanding of the condition of those invalid regulations
Governing foreign-related matters, thereby facilitating their work.
Annex I: A Catalogue of the Second Batch of Regulations Governing Foreign-
Related Matters Which Should be Annulled (12 pieces)
Annex II: A Catalogue of the Second Batch of Regulations Governing
Foreign-Related Matters Which Have Become Invalid Automatically (16
pieces)
Annex I
A CATALOGUE OF THE SECOND BATCH OF REGULATIONS GOVERNING FOREIGN-RELATED
MATTERS WHICH SHOULD BE ANNULLED
|======|=======================|=============|=============|===========================|
|Serial|The Title of the |Organ and |Serial |Reasons for Annulment |
|Number| Regulations |Date of Pro- |Number of |
| |mulgation |Outgoing |
| |Document |
|======|=======================|=============|=============|===========================|
| 1 |A Written Reply of the |February |(1958) State |Replaced by "The Cus- |
|State Council to the |27, 1958 |Council, |toms Law of the People's |
|Report Concerning |No. 32 |Republic of China," |
|the Problem of Per- | |adopted by the 19th Ses- |
|sonal Inspection at | |sion of the Standing |
|the Customs | |Committee of the 6th Na- |
| | |tional People's Congress |
| | |on January 22, 1987 |
|---|------|-----|-----|--------|
| 2 |Notice of the State |June 26, |(1973) State |Annulled because it is in |
|Council Concerning |1973 |Council, |conflict with "Provisions |
|the Strict Implementa- |No. 76 |of the State Council Con- |
|tion of Contracts for | |cerning the Speeding Up |
|Export Commodities | |and Deepening of the |
| | |Reform in the Systems of |
| | |Foreign Trade |
|---|------|-----|-----|--------|
| 3 |Provisions Concern- |Approved |(1979) |Replaced by "Provisions |
|ing Foreign Moun- |by the |No. 108 |Concerning Foreign |
|taineering Parties |State Coun- |Mountaineering Parties |
|Coming to China for |cil; and |or Mountaineering and |
|Mountaineering (On |promul- |Tourism Parties Coming |
|Trial Implementation) |gated by |to China for Moun- |
| |the State |taineering", promulgated |
| |Physical |by the State Physical |
| |Culture |Culture and Sports Com- |
| |and Sports |mission on January 14, |
| |Commis- |1981 |
| |sion and | |
| |the Na- | |
| |tional | |
| |Tourism | |
| |Administra- | |
| |tion on | |
| |September | |
| |20, 1979 | |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 4 |Procedures for the |Approved |(1979) |Replaced by "Procedures |
|Collection of Fees |by the |No. 108 |for the Collection of Fees |
|from Foreign Moun- | State Coun- | from Foreign Moun- |
|taineering Parties |cil; and |taineering Parties or |
|Coming to China for |promul- |Mountaineering and |
|Mountaineering (On |gated by |Tourist Parties Coming |
|Trial Implementation) |the State |to China for Moun- |
| |Physical |taineering", promulgated |
| |Culture |by the State Physical |
| |and Sports |Culture and Sports Com- |
| |Commis- |mission on January 14, |
| |sion and |1981 |
| |the Na- | |
| |tional | |
| |Tourism | |
| |Administra- | |
| |tion | |
|---|------|-----|-----|--------|
| 5 |Approval and Trans- |January 21, |(1980) State |Replaced by "Interim |
|mission by the State |1980 |Council |Provisions Concerning |
|Council of a Report |No. 22 |the Administration of |
|Submitted by the | |Prices for International |
|State Administration | |Tourism in China" ap- |
|for Commodity Prices | |proved by the State |
|Concerning the Fo- | |Council and promulgated |
|rum on the Collection | |by the National Tourism |
|of Services Fees from | |Administration and the |
|Overseas Chinese, | |State Administration for |
|Compatriots from | |Commodity Prices on |
|Hong Kong, Macao, | |October 23, 1985 |
|and Taiwan as well as | |
|Foreigners of Chinese | |
|Descent Coming to | |
|China's Mainland for | |
|Visiting Relatives or | |
|for Sightseeing | |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 6 |Notice of the State |April 22, |(1980) State |Replaced by "The Law of |
|Council Concerning |1980 |Council, |the People's Republic of |
|Its Approval and |No. 94 |China on the Administra- |
|Transmission of a | |tion of Citizens Entering |
|Report Submitted by | |or Leaving the Country" |
|the Ministry of | |and "The Law of the Peo- |
|Foreign Trade, the | |ple's Republic of China |
|Ministry of Public | |on the administration of |
|Security, and the | |Foreigners Entering or |
|Ministry of Foreign | |Leaving the Country", |
|Affairs Requesting In- | |adopted by the 13th Ses- |
|structions on the Revi-| |sion of the Standing |
|sion of Authority to | |Committee of the 6th Na- |
|Examine and Approve | |tional People's Congress |
|invitation to Foreign | |on November 22, 1985, |
|Businessmen to Come | |and also by "Rules for |
|to China | |the Implementation of |
| | |the Law of the People's |
| | |Republic of China on the |
| | |Administration of Citi- |
| | |zens Entering or Leaving |
| | |the Country" and "Rules |
| | |for the Implementation of |
| | |the Law of the People's |
| | |Republic of China on the |
| | |Administration of For- |
| | |eigners Entering or Leav- |
| | |ing the Country", ap- |
| | |proved by the State |
| | |Council in December, |
| | |1986, and promulgated |
| | |by the Ministry of Public |
| | |Security and other |
| | |Ministries |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 7 |Notice of the State |October 4, |(1980) |Replaced by Notice of |
|Council Concerning |1980 |Ministry of |"A Report Requesting In- |
|Its Approval of a |Foreign |structions on problems |
|Reports Submitted by |Economic |Concerning the Re- |
|the Ministry of |Relations |adjustment of the Policy |
|Foreign Economic |No. 077 |for Accepting Interna- |
|Relations, the Min- | |tional Disaster Relief", |
|istry of Civil Affairs,| |issued by the Ministry of |
|and the Ministry of | |Civil Affairs, the Ministry|
|Foreign Affairs Re- | |of Foreign Economic |
|questing Instructions | |Relations and Trade, and |
|on the Acceptance of | |the Ministry of Foreign |
|Aids Given by the | |Affairs on June 9, 1987 |
|United Nations | |
|Disaster Relief Ad- | |
|ministration | |
|---|------|-----|-----|--------|
| 8 |Notice of the State |May 15, |(1981) State |Replaced by "Notice of |
|Council Concerning |1981 |Council, |the General Office of the |
|the Solution to the |No. 84 |State Council Concern- |
|Problems of Heavy | |ing the Transmission of a |
|Losses in the Export | |Report Submitted by the |
|of Trueran and of | |Ministry of Foreign |
|Processing Supplied | |Economic Relations and |
|Materials | |Trade Requesting In- |
| | |structions on Seizing Ad- |
| | |vantageous Changes to |
| | |Develop Such Opera- |
| | |tional Businesses as Pro- |
| | |cessing Supplied Ma- |
| | |terials and Assembling |
| | |Supplied Parts", pro- |
| | |mulgated by Document |
| | |No. 80 (1987) of the State |
| | |Council on December 23, |
| | |1987 |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 9 |Notice of the General |May 21, |(1983) State |Replaced by "Notice of |
|Office of the State |1983 |Council, |the State Council Con- |
|Council Concerning |No. 38 |cerning Its Approval and |
|Problems of Buying | |Transmission of a Report |
|Airplane Tickets and | |Submitted by the Min- |
|of Safety Inspection in| |istry of Public Security |
|the course of For- | |and the Civil Aviation |
|eigners' travel | |Administration (of |
| | |China) Requesting In- |
| | |structions on Simplifying |
| | |the Procedures for Buy- |
| | |ing Airplane Tickets on |
| | |Domestic Airlines", pro- |
| | |mulgated by Document |
| | |No. 133 (1985) of the |
| | |State Council on |
| | |November 25, 1985 |
|---|------|-----|-----|--------|
| 10 |Notice of the General |May 26, |(1983) State |Replaced by "Notice of |
|Office of the State |1983 |Council, |the State Council Con- |
|Council Concerning |No. 41 |cerning Its Approval and |
|Several Specific Pro- | |Transmission of a Report |
|blems relating to | |Submitted by the |
|"Decree of the State | |Ministry of Public Securi- |
|Council Concerning | |ty and the Civil Aviation |
| | |Administration (of |
|the Strengthening of | |China) Requesting In- |
|Measures Against | |structions on Simplifying |
|High-jacking and for | |the Procedures for Buy- |
|Safety" | |ing Airplane Tickets on |
| | |Domestic Airlines", pro- |
| | |mulgated by Document |
| | |No. 133 (1985) of the |
| | |State Council on Novem- |
| | |ber 25, 1985 |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 11 |Notice of the State |August 5, |(1983) State |Replaced by "Notice of |
|Council Concerning |1983 |Council, |the State Council Con- |
|Its Approval and |No. 121 |cerning Its Approval and |
|Transmission of a | |Transmission of "Notice |
|Report Submitted by | | of the State Planning |
|the Ministry of For- | |Commission and of |
|eign Economic Rela- | |Other Departments on a |
|tions and Trade on | |Report Concerning the |
|Problems Concerning | |Expansion of the Expor- |
|Vigorous Expansion | |tation of Machinery and |
|of Exportation of | |Electrical products", pro- |
|Machinery and Elec- | |mulgated by Document |
|trical Products | |No. 128 (1985) of the |
| | |State Council on October |
| | |19, 1985 |
|---|------|-----|-----|--------|
| 12 |Provisions Concern- |Promul- |(1984) State |Replaced by "Notice of |
|ing the Standard of |gated by |Council, |the State Bureau of |
|Expenses for Reciving |the General |No. 58 |Foreign Expert Affairs, |
|Foreign Experts in |Office of |the Ministry of Finance, |
|Culture and Edu- |the State |and the State Science and |
|cation |Council on |Technology Commission |
| |July 24, |Concerning Revision of |
| |1984 |the Standard of Expenses |
| | |for Receiving Foreign Ex- |
| | |perts", promulgated by |
| | |Document No. 85 (1988) |
| | |of the State Bureau of |
| | |Foreign Expert Affairs on |
| | |April 9, 1988 |
|======|=======================|=============|=============|===========================|
Annex II
A CATALOGUE OF THE SECOND BATCH OF REGULATIONS GOVERNING FOREIGN-RELATED
MATTERS WHICH HAVE BECOME INVALID AUTOMATICALLY
|======|=======================|=============|=============|===========================|
|Serial|The Title of the |Organ and |Serial |Reasons for Annulment |
|Number| Regulations |Date of Pro- |Number of |
| |mulgation |Outgoing |
| |Document |
|======|=======================|=============|=============|===========================|
| 1 |Instructions of the |December |(1973) State |Provisions, formulated to |
|State Council and the |17, 1973 |Council, |suit the circumstances at |
|Military Commission |No. 182 |that time, have become |
|of the Central Com- | |invalid automatically |
|mittee of the CPC | |
|Concerning Streng- | |
|thening of Measures | |
|for the Safety and Pro-| |
|tection of Both Air- | |
|ports Open to the | |
|Outside World and | |
|International Airliners| |
|---|------|-----|-----|--------|
| 2 |Notice of the State |September |(1979) State |Provisions, formulated to |
|Council Concerning |10, 1979 |Council, |suit the circumstances at |
|Its Approval and |No. 230 |that time, have become |
|Transmission of a | |invalid automatically |
|Report Submitted by | |
|the State Administra- | |
|tion for Commodity | |
|Prices, the Ministry of| |
|Commerce, and Chi- | |
|na General Administ- | |
|ration of Tourism on | |
|the Forum on Prices | |
|Involving Foreign | |
|Interests | |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 3 |Notice of the State |May 28, |(1980) State |Provisions, formulated to |
|Council Concerning |1980 |Council, |suit the circumstances at |
|Its Approval and |No. 145 |that time, have become |
|Transmission of a | |invalid automatically |
|Report Submitted by | |
|the State Commission | |
|for Imports and Ex- | |
|ports on the Second | |
|Forum Held by Re- | |
|presentatives from | |
|Beijing, Tianjin and | |
|Shanghai on Export | |
|Business | |
|---|------|-----|-----|--------|
| 4 |Notice of the State |June 2, |(1980) State |Provisions, formulated to |
|Council Concerning |1980 |Council, |suit the circumstances at |
|Its Approval and |No. 150 |that time, have become |
|Transmission of a | |invalid automatically |
|Report Submitted by | |
|the State Administra- | |
|tion for Commodity | |
|Prices on the Existing | |
|Problems of Prices In- | |
|volving Foreign In- | |
|terests and Sugges- | |
|tions for Solutions to | |
|the Problems | |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 5 |Trial Procedures for |Approved |(1980) State |Provisions, formulated to |
|the Operations of |by the State |Commis- |suit the circumstances at |
|Specialized Factories |Council, |sion for |that time, have become |
|that Produce Export |and pro- |Imports |invalid automatically |
|Industrial Goods |mulgated |and Ex- |
| |by the |ports, |
| |State Com- |No. 041 |
| |mission for | |
| |Imports | |
| |and Ex- | |
| |ports on | |
| |August 10, | |
| |1980 | |
|---|------|-----|-----|--------|
| 6 |Trial Procedures for |Approved |(1980) State |Provisions, formulated to |
|the Operations of Pro- |by the State |Commis- |suit the circumstances at |
|duction Bases That |Council, |sion for |that time, have become |
|Produce Agricultural |and pro- |Imports |invalid automatically |
|and Sideline Products |mulgated |and Ex- |
|for Export |by the |ports, |
| |State Com- |No. 041 |
| |mission for | |
| |Imports | |
| |and Ex- | |
| |ports on | |
| |August 10, | |
| |1980 | |
|---|------|-----|-----|--------|
| 7 |Notice of the State |September |(1980) State |Provisions, formulated to |
|Council Concerning |5, 1980 |Council, |suit the circumstances at |
|Immediate Check on |No. 229 |that time, have become |
|the Illegal Transac- | |invalid automatically |
|tions in, and Smuggl- | |
|ing of, Imported | |
|Articles | |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 8 |Instructions of the |March 30, |(1981) No. 6 |Provisions, formulated to |
|State Council and the |1981 |suit the circumstances at |
|Military Commission | |that time, have become |
|of the Central Com- | |invalid automatically |
|mittee of the CPC | |
|Concerning Resolute | |
|Measures against | |
|Smuggling Activities | |
|---|------|-----|-----|--------|
| 9 |Notice of the Central |August 3, |(1981) Cen- |Provisions, formulated to |
|Committee of the CPC |1981 |tral Com- |suit the Circumstances at |
|and the State Council |mittee of |that time, have become |
|Concerning Their Ap- |the CPC, |invalid automatically |
|proval and Transmis- |No. 29 |
|sion of "A Summary | |
|of a Conference Held | |
|by Representatives | |
|from Three Provinces | |
|along the Southeast- | |
|ern Coast of China on | |
|the Cracking Down | |
|for the Second Time | |
|on Smuggling Act- | |
|ivities" | |
|---|------|-----|-----|--------|
| 10 |Notice of the General |December |The Period of applicabili- |
|Office of the State |10, 1981 |ty has expired, and the |
|Council Concerning | |document has become |
|Its Transmission of a | |invalid automatically |
|Report Submitted by | |
|the Central Commit- | |
|tee of the Communist | |
|Youth League and the | |
|National Tourism Ad- | |
|ministration on the | |
|Operation of External | |
|Tourist Trade by the | |
|Youth League | |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 11 |Notice of the State |March 5 |(1983) State |The period of applicabili- |
|Council Concerning |1983 |Council, |ty has expired, and the |
|Its Approval and |No. 32 |document has become |
|Transmission of "A | |invalid automatically |
|Summary of the 5th | |
|Conference on the | |
|Balance of Foreign | |
|Trade Transportation | |
|Plans at the Ports | |
|Throughout the | |
|Country | |
|---|------|-----|-----|--------|
| 12 |Notice of the State |November |(1984) State |Provisions, formulated to |
|Council Concerning |25, 1984 |Council, |suit the circumstances at |
|Its Approval and |No. 167 |that time, have become |
|Transmission of "A | |invalid automatically |
|Summary of a Con- | |
|ference Held by | |
|Representatives from | |
|Three provinces along | |
|the Southeastern Co- | |
|ast of China on Its | |
|Cracking Down for | |
|the Fourth Time on | |
|Smuggling Activities" | |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 13 |Notice of the State |January 31, |(1985) State |Provisions, formulated to |
|Council Concerning |1985 |Council, |suit the circumstances at |
|Its Approval and |No. 14 |that time, have become |
|Transmission of a | |invalid automatically |
|Report Submitted by | |
|the National Tourism | |
|Administration on | |
|Several Problems | |
|Concerning the Pre- | |
|sent Reform in the | |
|System of tourism | |
|---|------|-----|-----|--------|
| 14 |Notice of the General |March 28, |(1985) State |Provisions, formulated to |
|Office of the State |1985 |Council, |suit the circumstances at |
|Its Transmission of a |No. 26 |that time, have become |
|Report Submitted by | |invalid automatically |
|the Ministry of Textile| |
|Industry and the | |
|Ministry of Foreign | |
|Economic Relations | |
|and Trade Requesting | |
|Instructions on Their | |
|Suggestions for the | |
|Implementation of the | |
|State Council's "Pro- | |
|visions Concerning | |
|Several Problems | |
|Relating to the Im- | |
|ports and Exports of | |
|Textile Goods" | |
|======|=======================|=============|=============|===========================|
|======|=======================|=============|=============|===========================|
| 15 |Notice of the General |April 21, |(1985) State |Provisions, formulated to |
|Office of the State |1985 |Council, |suit the circumstances at |
|Council Concerning |No. 35 |that time, have become |
|Its Transmission of a | |invalid automatically |
|Report Submitted by | |
|the National Tourism | |
|Administration on | |
|Overcoming the Un- | |
|healthy Tendencies in | |
|the Tourist Trade | |
|---|------|-----|-----|--------|
| 16 |Notice of the General |June 25, |(1986) State |Provisions, formulated to |
|Office of the State |1986 |Council, |suit the Circumstances at |
|Council Concerning |No. 52 |that time have become |
|Its transmission of | |invalid automatically |
|"A Summary of a | |
|Conference Held by | |
|Representatives from | |
|Three Provinces along | |
|the Southeastern Co- | |
|ast of China on Its | |
|Cracking Down for | |
|the Fifth Time on | |
|Smuggling Activities" | |
|======|=======================|=============|=============|===========================|
|