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CIRCULAR OF THE STATE COUNCIL CONCERNING THE ANNULMENT OF A PARTOF REGULATIONS GOVERNING FOREIGN-RELATED MATTERS

CIRCULAR OF THE STATE COUNCIL CONCERNING THE ANNULMENT OF A PARTOF REGULATIONS GOVERNING FOREIGN-RELATED MATTERS 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 A PART OF REGULATIONS GOVERNING FOREIGN-RELATED MATTERS (June 18, 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 regulatory 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 first batch of seventeen regulations, which have been sorted out and should be annulled, have been 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 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 first batch of eleven 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 eleven 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 First Batch of Regulations Governing Foreign- Related Matters Which Should Be Annulled (17 pieces) Annex II: A Catalogue of the First Batch of Regulations Governing Foreign- Related Matters Which Have Become Invalid Automatically (11 pieces) Annex I A CATALOGUE OF THE FIRST 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 |Interim Provisions of |Promul- |(1965) State |Relaced by "Approval | |the State Council |gated on |Council, |and Transmission the | |Concerning the |November |No. 394 |State Council Concern- | |Unified Procedure for |11, 1965 |ing a Report Submitted | |Export Commodities | |by the State Administra- | | | |tion for Commodity | | | |Prices Requesting In- | | | |structions on Several Pro- | | | |blems Concerning the | | | |Price-making of Export | | | |Commodities" and | | | |"Notice Concerning the | | | |Strengthening of Control | | | |of Purchasing Prices of | | | |Export Commodities" | | | |issued by Document | | | |(1987) No. 492 of the | | | |Ministry of Foreign | | | |Economic relations and | | | |Trade and the State Ad- | | | |ministration for Com- | | | |modity Prices | |---|-------|-----|-----|--------| | 2 |Interim Provisions of |Promul- |(1974) State |Replaced by "The Law of | |the People's Republic |gated by |Council, |the People's Republic of | |of China Concerning |the State |No. 11 |China Concerning the | |the Prevention of |Council on |Protection of Marine En- | |Pollution in the |January 30, |vironment", promul- | |Coastals Waters |1974 |gated by the Standing | | | |Committee of the Na- | | | |tional people's Congress | | | |on August 23, 1982 | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 3 |Provisions on Several |Promul- |(1974) State |Replaced by "Provisions | |Problems Concerning |gated by |Council, |of the State Council Con- | |Vigorous Develop- |the State |No. 202 |cerning the Speeding up | |ment of Foreign Trade |Council on |and Deepening of the | |and Increase in |August 13, |Reform in the Systems of | |Foreign Exchange |1979 |Foreign Trade", pro- | |Earnings | |mulgated by Document | | | |(1988) No. 12 of the State | | | |Council on February 26, | | | |1988, and by other documents| |---|-------|-----|-----|--------| | 4 |Trial Procedures for |Promul- |(1979) State |Replaced by "Procedures | |the Retention of a Por|- |Council, |for the Retention of a Por- | |tion of Foreign Ex- |gated by |No. 202 |tion of Foreign Exchange | |change from Export |the State |from Export Com- | |Commodities |Council on |modities", promulgated | | |August 13, |by Document (1985) No. | | |1979 |45 of the State council | | | |on March 29, 1985 | |---|-------|-----|-----|--------| | 5 |Approval and Trans- |December |(1979) State |replaced by "Notice of | |mission by the State |21, 1979 |Council, |the State Council Con- | |Council Concerning |No. 297 |cerning the Approval and | |the Procedures for the| |Transmission of Interim | |Handling of Cases of | |Provisions of the State | |Using Foreign Loans | |Planning Commission | |in the Introduction of| |Concerning the Improve- | |Technology and the | |ment of the Planning | |Importation of Equip- | |System", promulgated | |ment for Carrying Out | |by Document No. 138, | |Capital Construction | |(1984) of the State Coun- | |Projects by Such De- | |cil on October 4, 1984, | |partments as Foreign | |and also by "Approval | |Exchange, Finance, | |and Transmission by the | |and Planning for | |State Council Concern- | |Capital Construction | |ing Suggestions Raised | | | |by the State Planning | | | |Comission on the Ex- | | | |ploitation of Foreign | | | |Loans", promulgated by | | | |Document No. 83 (1986) | | | |of the State Council on | | | |August 16, 1986 | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 6 |Approval and Trans- |June 30, |(1980) State |Replaced by "Notice of | |mission by the State |1980 |Council |the State Bureau of | |Council Concerning |No. 151 |Foreign Expert Affairs | |the Summary of a Na- | |Concerning the Publica- | |tional Forum on the | |tion of A Summary of a | |Work of Foreign Ex- | |National Conference on | |perts in Cultural and | |the Work of Foreign Ex- | |Educational Work | |perts in Culture and | | | |Education", promul- | | | |gated by Document | | | |No. 78 (1987) of the State | | | |Bureau of Foreign Expert | | | |Affairs on April 10, 1987 | |---|-------|-----|-----|--------| | 7 |Notice of the State |June 3, 1981 |(1981) State |Replaced by "Notice of | |Council Concerning |Council |the State Council Con- | |Its. Approval and |No. 97 |cerning Its Approval and | |Transmission of "A | |Transmission of the Sug- | |repolrt Concerning | |gestions Raised by the | |How the Present | |State Planning Commis- | |Foreign Economic | |sion, the Economic Com- | |relations and Trade | |mission and the Ministry | |Can Serve the Re- | |of Foreign Economic | |adjustment of Na- | |Relations and Trade Con- | |tional Economy", | |cerning Division of | |Submitted by the | |Labour in the Work of | |State Commission for | |Foreign Economic Rela- | |Imports and Exports | |tions and Trade", pro- | | | |mulgated by Document | | | |No. 13 (1983) of the State | | | |Council on January 31, | | | |1983, and also by "Pro- | | | |visions of the State Coun- | | | |cil on Several Problems | | | |Concerning the Speeding | | | |Up of Reform in Foreign | | | |Trade Systems", pro- | | | |mulgated on February | | | |26, 1988 | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 8 |Notice of the State |January 3, |(1982) State |Replaced by "Notice of | |Council Concerning |1982 |Council, |the State Council Con- | |Its Approval and |No. 1 |cerning Its Approval and | |Transmission of a | |Transmission of the 1988 | |Report Submitted by | |PLan for the Reform of | |the State Commission | |Foreign Trade Systems, | |for Imports and Ex- | |Submitted by the Minis- | |ports and the State | |try of Foreign Economic | |Economic Commis- | |Relations and Trade", | |sion Concerning the | |promulgated by Docu- | |Establishment of | |ment No. 90 (1987) of the | |China Association of | |State Council on Sep- | |Arts and Crafts | |tember 26, 1987 | |---|-------|-----|-----|--------| | 9 |Notice of the State | January 7, |(1982) State |Because it is in conflict | |Council Concerning | 1982 |Council, |with "Provisions of the | |Its Approval and |No. 5 |State Council Concern- | |Transmission of "A | |ing the Speeding Up of | |Report Requesting In- | |Reform in foreign Trade | |structions on the Pro-| |Systems", Promulgated | |visions for the Realiz|a- |on February 26, 1988 | |tion of Classified | | |Operations of Export | | |Commodities in | | |Foreign Trade", Sub- | | |mitted by the Ministry| | |of Foreign Trade | | |---|-------|-----|-----|--------| | 10 |Notice of the General |March 26, |(1982) State |Replaced by "Notice of | |Office of the State |1982 |Council, |the General Office of the | |Council Concerning |No. 27 |State Council Concern- | |the Transmission of a | |ing the Transmission of | |Report Submitted by | |Two Documents Submit- | |the Former State | |ted by the Ministry of | |Commission for Im- | |Foreign Economic Rela- | |ports and Exports and | |tions and Trade Concer- | |by Other Units Con- | |ning the Implementation | |cerning the Streng- | |of Unified Operations of | |thening of the Co- | |Pearls", promulgated by | |ordination and Ad- | |Document No. 55 (1986) | |ministration of the | |of the State Council on | |Production and Mar- | |July 19, 1986 | |keting of Pearls | | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 11 |Notice of the State |May 25, |(1982) State |Replaced by "Several | |Council Concerning |1982 |Council, |Provisions Concerning | |Its Approval and |No. 87 |the Inspection and Ad- | |Transmission of a | |ministration of Importa- | |Report Submitted by | |tion of Machinery and | |the State Economic | |Electrical Equipment", | |Commission and the | |promulgated by Docu- | |State Planning Com- | |ment No. 452 (1987) on | |mission Requesting | |August 1, 1987 | |Instructions on the | | |Suspension of the Im- | | |portation of Watches | | |and on the Streng- | | |thening of the Ad- | | |ministration of the Im|- | | |portation of Micro- | | |computers, Tape- and | | |Video-Recording Eq- | | |uipment | | |---|-------|-----|-----|--------| | 12 |Notice of the General |August 30, |(1984) |Replaced by "Notice on | |Office of the State |1984 |General Of- |the Suggestions Concer- | |Council Concerning |fice of the |ning the Improvement of | |the Improvement of |State Coun- |Employing Foreign Ex- | |Employing Foreign |cil, No. 76 |perts in Cultural and | |Experts in Cultural | |Educational Work", pro- | |and Educational Work | |mulgated by Document | | | |No. 87 (1987) of the State | | | |Bureau of Foreign Expert | | | |Affairs on May 26, 1987 | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 13 |Notice of the general |August 30, |(1984) |Replaced by "Provisions | |Office of the State |1984 |General Of- |Concerning the Daily | |Council Concerning |fice of the |Life Treatment of Foreign | |the Transmission of |State Coun- |Experts Engaged for a | |the Provisions of the |cil, No. 77 |Short Period of Time", | |State Bureau of | |promulgated by Docu- | |Foreign Expert Af- | |ment No. 146 (1987) by | |fairs, the State Scien|ce |the State Bureau of | |and Technology Com- | |Foreign Expert Affairs, | |mission and the | |on September 1, 1987 | |Ministry of Finance | | |Concerning the Daily | | |Life Treatment and | | |Courteous Reception | | |of Foreign Experts | | |Engaged for a Short | | |Period of Time | | |---|-------|-----|-----|--------| | 14 |notice of the State |September |(1984) State |Replaced by "Provisions | |Council Concerning |15, 1984 |Council, |of the State Council Con- | |Its Approval and |No. 122 |cerning the Speeding Up | |Transmission of a | |and Deepening of the | |Report Submitted by | |Reform in the Systems of | |the Ministry of For- | |Foreign Trade", pro- | |eign Economic and | |mulgated by Document | |Trade on the Sugges- | |No. 12 (1988) of the State | |tions Concerning the | |Council on February 26, | |Reform in the Foreign | |1988 | |Trade Systems | | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 15 |Provisions of the |Promul- |(1985) |Replaced by "Several | |General Office of the |gated on |General Of- |Provisions Concerning | |State Council Concer- |September |fice of the |the Investments to Be | |ning the Proportion |5, 1985 |State Coun- |Made by Various Parties | |Between the Regist- |cil, No. 62 |to a Chinese-Foreign | |ered Capital and the | |Joint Venture", approved | |Total Amount of In- | |by the State Council on | |vestments of Chinese- | |December 30, 1987 and | |Foreign Joint Ventures| |promulgated jointly by | | | |the Ministry of Foreign | | | |Economic Relations and | | | |Trade and the State Ad- | | | |ministration for Industry | | | |and Commerce on | | | |January 1, 1988 | |---|-------|-----|-----|--------| | 16 |Notice of the General |December |(1985) |Replaced by "Provisions | |Office of the State |31, 1985 |General Of- |of the State Council Con- | |Council Concerning |fice of the |cerning the Speeding Up | |the Transmission of a |State Coun- |and Deepening of the | |Report Submitted by |cil, No. 92 |Reform in the Systems of | |the Ministry of For- | |Foreign Trade", pro- | |eign Economic Rela- | |mulgated on February | |tions and Trade on the| |26, 1988 | |Strengthening of the | | |Administration of the | | |Export of Chinese | | |Medicinal Herbs | | | 17 |A Written Reply of the|May 29, |(1987) |Replaced by "Notice of | |General Office of the |1987 |General Of- |the State Council Con- | |State Council Concer- |fice of the |cerning the Expansion of | |ning the Granting of |State Coun- |the Scope of Coastal | |Preferential Treatment|cil, No. 31 |Economic Open Zones", | |to Nanjing, Zhenjiang | |promulgated by Docu- | |and Yangzhou in the | |ment No. 21 (1988) of the | |Implementation of the | |State council on March | |Policy of Opening to | |18, 1988 | |the Outside World | | |======|======================|=============|=============|============================| Annex II A CATALOGUE OF THE FIRST 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 |Interim Provisions of |Adopted at |Regulations, formulated | |the People's Republic |the 203 |to suite the circumstances | |of China for the Ad- |Regular |at that time, have be- | |ministration of Sea- |Session of |come invalid auto- | |ports |the Govern- |matically | | |ment Ad- | | | |ministra- | | | |tion Coun- | | | |cil on | | | |January 21, | | | |1954 | | | | | |---|-------|-----|-----|--------| | 2 |Administrative Pro- |Promul- |(1973) State |Regulations, formulated | |cedures for Safeguar- |gated on |Council, |to suite the circumstances | |ding the Security of |December |No. 182 |at that time, have be- | |Airports Open to the |17, 1973 |come invalid auto- | |Outside World and of | |matically | |International Air- | | |liners, Approved by | | |the State Council and | | |the Military Commis- | | |sion of the Central | | |Committee of the CPC | | |(a proposed draft) | | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 3 |Interim Provisions of |Promul- |(1978) State |Provisions, formulated to | |the State Council |gated on |Council |suite the circumstances at | |Concerning the Ex- |September |No. 173 |that time, have become | |amining and Approv- |12, 1978 |invalid automatically | |ing Procedures for Per|- | | |sonnel Sent Abroad to | | |Hold Business Talks | | |for Handling Process- | | |ing and Assembling | | |Operations and also | | |for Foreign Manufac- | | |turers Coming to | | |China | | |---|-------|-----|-----|--------| | 4 |Approval and Trans- |May 21, |(1979) State |Provisions, formulated to | |mission by the State |1979 |Council, |suit the circumstances at | |Council of a Report |No. 135 |that time, have become | |Submitted by the | |invalid automatically | |State Planning Com- | | |mission Concerning | | |the Carrying Out of | | |Processing and As- | | |sembling Operations | | |for Foreign Business- | | |men | | |---|-------|-----|-----|--------| | 5 |Notice of State |August 9, |(1979) State |Provisions, formulated to | |Council Concerning |1979 |Council, |suit the circumstances at | |Price-making of Im- |No. 197 |that time, have become | |ported Technology | |invalid automatically | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 6 |Approval and Trans- |September |(1979) State |Specific provisions, for- | |Mission by the State |14, 1979 |Council |mulated to suit the cir- | |Council of a Report |No. 233 |cumstance at that time, | |Submitted by the | |have become invalid | |State Commission for | |automatically | |Imports and Exports | | |Concerning the Sum- | | |mary of a Forum Held | | |by Representatives | | |from Beijing, Tianjin | | |and Shanghai on Ex- | | |port Business | | |---|-------|-----|-----|--------| | 7 |"A Report on Pro- |March 20, |(1980) |The term of applicability | |blems Concerning |1980 |Ministry of |has expired, and the | |Japanese Nationals |Public |document has become | |Residing in China to |Security, |invalid automatically | |Leave for Japan here- |No. 54 | |after", Approved by | | |the State Council and | | |Promulgated by the | | |Ministry of Public | | |Security | | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 8 |Notice of the State |July 24, |(1980) State |The term of applicability | |Council Concerning |1980 |Council, | has expired, and the | |Its Approval and |No. 196 | document has become | |Transmissio | | |n of the | invalid| automatically | |Report Submitted by | | |the State Commission | | |for Imports and Ex- | | |ports and by Other | | |Ministries and Com- | | |missions Concerning | | |the Proposed Pro- | | |cedures for Internal | | |Settlement of the Pric|e | | |of Foreign Exchange | | |Earned Through | | |Trade | | |---|-------|-----|-----|--------| | 9 |Notice of the State |July 30, |(1982) State |provisions, formulated to | |Council Concerning |1982 |Council, | suit the circumstances at | |the Carrying Out of |No. 104 |that time, have become | |Checking-up and Rec- | |invalid automatically | |tification in the Ente|r- | | |prises Newly Built in | | |the Areas of Hong | | |Kong and Macao by | | |Various Areas and | | |Departments | | |======|======================|=============|=============|============================| |======|======================|=============|=============|============================| | 10 |Notice of the State |January 11, |(1983) State |Specific Provisions, for- | |Council Concerning |1983 |Council, |mulated to suit the cir- | |Its Approval and |No. 8 |cumstances at that time, | |Transmission of a | |have become invalid | |Report Submitted by | |automatically | |the Ministry of For- | | |eign Economic Rela- | | |tions and Trade and | | |the Ministry of | | |Foreign Affairs Re- | | |questing Instructions | | |on Problems Concern- | | |ing the Control of Im-| | |portation, and Sus- | | |pension of Purchase | | |of American Cotton, | | |Chemical Fiber and | | |Soybean | | |---|-------|-----|-----|--------| | 11 |notice of the State |April 23, |(1985) State |Specific Provisions, for- | |Council Concerning |1985 |Council, |mulated to suit the cir- | |the Transmission of |No. 61 |cumstances at that time, | |Quota for the Use of | |have become invalid | |Foreign Exchange | |automatically | |Earnings Owned by | | |Local Areas and | | |Departments in Ful- | | |filling the Plan for | | |importation | | |======|======================|=============|=============|============================|


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