LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF THERIGHTS AND INTERESTS OF RETURNED OVERSEAS CHINESE AND THE FAMILY MEMBERSOF OVERSEAS CHINESE
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF THERIGHTS AND INTERESTS OF RETURNED OVERSEAS CHINESE AND THE FAMILY MEMBERSOF OVERSEAS CHINESE
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
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 15th Meeting of the Standing Committee of the
Seventh National People's Congress on September 7, 1990, promulgated by
Order No. 33 of the President of the People's Republic of China on
September 7, 1990, and effective as of January 1, 1991)
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.
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.
"Family members of overseas of Chinese" denote the family members,
residing in the country, of overseas Chinese and returned overseas
Chinese.
"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.
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.
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.
Article 4
The state shall make arrangements for overseas Chinese who have returned
to the country and taken it as their place of permanent residence.
Article 5
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.
Article 6
Returned overseas Chinese and the family members of overseas Chinese shall
have the right to establish public organizations in conformity with the
law, to safeguard the lawful rights and interests of returned overseas
Chinese and the family members of overseas Chinese and to conduct
legitimate social activities suitable to their needs. 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 organizations or individuals.
Article 7
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.
Enterprises such as agricultural or forest farms which have provided
placement for returned overseas Chinese may, in accordance with their
needs, set up schools and medical care and health institutions in a
rational way, to which the state shall give support and aid with respect
to personnel, facilities and funds.
Article 8
Local people's governments at various levels shall support returned
overseas Chinese and the family members of overseas Chinese to invest in
the establishment of industrial and commercial enterprises, in the
development of barren hills, waste lands and beaches, or to engage in the
agricultural, forestry, animal husbandry, sideline and fishery production.
Their lawful rights and interests shall be protected by law.
Article 9
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. Returned overseas Chinese and the family
members of overseas Chinese who receive materials from donations
voluntarily made by their relatives and friends outside the country and
will use them in public welfare undertakings shall, in accordance with
relevant state regulations, deal with the acceptance and enjoy
preferential treatment of duty reduction or exemption.
Article 10
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. Construction units shall, in
accordance with the relevant state regulations, make due compensation and
appropriate arrangements for those returned overseas Chinese and the
family members of overseas Chinese whose private houses are requisitioned,
dismantled or removed according to law for state construction.
Article 11
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 and employment.
Article 12
The state shall protect the income of returned overseas Chinese and the
family members of overseas Chinese from remittance sent by overseas
Chinese.
Article 13
Returned overseas Chinese and the family members of overseas Chinese shall
have the right to inherit or accept the estate, legacy or donation from
their relatives or friends outside the country.
Returned overseas Chinese and the family members of overseas Chinese shall
have the right to dispose of their property outside the country.
Article 14
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.
Article 15
Applications for exit from the country by returned overseas Chinese and
the family members of overseas Chinese shall be examined for approval by
the competent authorities concerned within the prescribed time limit.
For returned overseas Chinese and the family members of overseas Chinese
who desire to leave the country urgently because of special circumstances
such as critical illness(es) or death(s) of their direct lineal relatives
or the need for disposition of property outside the country within a
prescribed time limit, the competent authorities concerned shall give
examination for approval without delay on the basis of valid certificates
provided by the applicants.
Article 16
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. Returned overseas Chinese and the family
members of overseas Chinese who work in state organs or state-owned
enterprises and institutions shall enjoy the treatment as provided in the
relevant state regulations in respect of leaving the country for the
purpose of visiting their relatives.
Article 17
Returned overseas Chinese and the family members of overseas Chinese shall
have the right to leave the country and settle down abroad.
Returned overseas Chinese and the family members of overseas Chinese who
left their posts as veteran cadres, retired or quitted their posts for
justified reasons shall continue to receive their pensions after leaving
the country for setting down abroad.
Article 18
Returned overseas Chinese and the family members of overseas Chinese who
apply to go abroad for the purpose of study at their own expense shall be
given preferential treatment in accordance with the relevant state
regulations.
Article 19
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.
Article 20
Returned overseas Chinese and the family members of overseas Chinese
shall, where their lawful rights and interests are violated, have the
right to request the relevant competent departments to handle the matter
in accordance with the law, or, bring a suit in a people's court according
to law.
Article 21
The State Council shall, on the basis of this Law, formulate measures for
its implementation.
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.
Article 22
This Law shall enter into force as of January 1, 1991.
e from remittance sent by overseas
Chinese.
Article 13
Returned overseas Chinese and the family members of overseas Chinese shall
have the right to inherit or accept the estate, legacy or donation from
their relatives or friends outside the country.
Returned overseas Chinese and the family members of overseas Chinese shall
have the right to dispose of their property outside the country.
Article 14
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.
Article 15
Applications for exit from the country by returned overseas Chinese and
the family members of overseas Chinese shall be examined for approval by
the competent authorities concerned within the prescribed time limit.
For returned overseas Chinese and the family members of overseas Chinese
who desire to leave the country urgently because of special circumstances
such as critical illness(es) or death(s) of their direct lineal relatives
or the need for disposition of property outside the country within a
prescribed time limit, the competent authorities concerned shall give
examination for approval without delay on the basis of valid certificates
provided by the applicants.
Article 16
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. Returned overseas Chinese and the family
members of overseas Chinese who work in state organs or state-owned
enterprises and institutions shall enjoy the treatment as provided in the
relevant state regulations in respect of leaving the country for the
purpose of visiting their relatives.
Article 17
Returned overseas Chinese and the family members of overseas Chinese shall
have the right to leave the country and settle down abroad.
Returned overseas Chinese and the family members of overseas Chinese who
left their posts as veteran cadres, retired or quitted their posts for
justified reasons shall continue to receive their pensions after leaving
the country for setting down abroad.
Article 18
Returned overseas Chinese and the family members of overseas Chinese who
apply to go abroad for the purpose of study at their own expense shall be
given preferential treatment in accordance with the relevant state
regulations.
Article 19
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.
Article 20
Returned overseas Chinese and the family members of overseas Chinese
shall, where their lawful rights and interests are violated, have the
right to request the relevant competent departments to handle the matter
in accordance with the law, or, bring a suit in a people's court according
to law.
Article 21
The State Council shall, on the basis of this Law, formulate measures for
its implementation.
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.
Article 22
This Law shall enter into force as of January 1, 1991.
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