This English document is coming from the "LAWS AND REGULATIONS OF THE
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
DECREE OF THE STATE COUNCIL CONCERNING THE IMPLEMENTATION OF THE
POLICY OF PROTECTING REMITTANCES BY OVERSEAS CHINESE
(Promulgated on February 23, 1955)
Overseas remittances are incomes of overseas Chinese earned from labour
and other professional operations, and are used for supporting their
relatives residing in China; overseas remittances, one of the legitimate
rights and interests of overseas Chinese and their relatives, are closely
connected with the personal interests of overseas Chinese, and are the
financial sources that the broad masses of the relatives of overseas
Chinese rely on for their livelihood. Moreover, overseas remittances play
a positive role in the building of the country, and are in the interest of
the people of the whole country. Especially in places where relatives of
overseas Chinese are concentrated, overseas remittances have played
markable role in promoting economic prosperity in their local areas and in
developing cultural and public welfare undertakings. Such being the case,
cadres at various levels, especially cadres at the county, district, and
township levels, should foster a profound understanding of the important
role played by overseas remittances, and pay due attention to them
accordingly.
In the past five years, the State has consistently and resolutely
protected overseas remittances and carried out the policy of "facilitating
the handling of overseas remittances and serving the compatriots residing
abroad". In order to show consideration for the interests of our
compatriots residing abroad and for the relatives of overseas Chinese, the
State has set reasonable foreign exchange quotations. In the early years
after Liberation, in order to protect the relatives of overseas Chinese
from the impact of fluctuations of commodity prices, the State formulated
procedures for making remittances and deposits in the original foreign
currencies. And, after the currency system of our country became stable
and the currencies of some countries were devaluated, the State again
formulated measures for making remittances in Renminbi (CNY), so as to
protect the interests of our compatriots residing abroad and of the
relatives of overseas Chinese. However, cases have been discovered that
grass-roots administrative departments in some areas have failed to
implement thoroughly the State policy for protecting overseas remittances;
local cadres in some areas inhabited by relatives of overseas Chinese have
failed to gain a good understanding of the significance of overseas
remittances and of the State policy for protecting overseas remittances;
and in some areas inhabited by relatives of overseas Chinese, cases even
exist that the use of overseas remittances by the relatives has been
meddled with to varying extents. In order to protect the interests of our
compatriots residing abroad and of the relatives of overseas Chinese, in
accordance with the provisions in Article 11 of the Constitution of the
People's Republic of China: "The State protects citizens' proprietary
rights of their lawful incomes, deposits, houses, and various means of
livelihood," the Decree to implement the policy of protecting overseas
remittances is hereby issued:
1. Overseas remittances are the lawful incomes of the relatives of
overseas Chinese; the policy for protecting overseas remittances is a
State policy not only for the present, but also for a long period to come.
2. When soliciting the relatives of overseas Chinese for joining various
types of cooperatives, for patriotic deposits, or for buying government
bonds, it is imperative that all be done on a completely voluntary basis.
No individual or organization shall be permitted to borrow money from the
relatives of overseas Chinese by coercion, and nor shall they be permitted
to withhold overseas remittances, or to embezzle, under any pretext,
overseas remittances. Any case of embezzlement of overseas remittances
shall be dealt with in light of the seriousness of the case; those lawless
persons who have misappropriated, embezzled, falsely claimed, or stolen
overseas remittances must be punished according to law.
3. Relatives of overseas Chinese shall have the freedom to spend their
overseas remittances and no person shall be permitted to meddle with
relatives of overseas Chinese in their spending overseas remittances on
their private life, including wedding ceremony, funeral ceremony, and
other jubilant celebrations.
4. The State encourages overseas Chinese and their relatives to invest
their overseas remittances in production, or to buy shares from State
investment companies; the State also encourages overseas Chinese and their
relatives to build houses, for which the local state administrative organs
at various levels shall provide facilities. Overseas Chinese have
consistently shown enthusiasm in supporting the public welfare
undertakings in their native places, such as building schools and
hospitals, water conservancy projects, bridges and roads, etc. The local
state administrative organs at various levels should show concern for all
these undertakings, and give them guidance and assistance; and when it is
necessary, give them commendations.
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