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| Category | CATALOGUE OF INVALIDATED LAWS AND ADMINISTRATIVE REGULATIONS GOVERNING FOREIGN-RELATED MATTERS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1988-09-27 | Effective Date | 1988-09-27 |
|
Circular of the State Council Concerning the Annulment of the Second Batch of Regulations Governing Foreign-related Matters |
|---|
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 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 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 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
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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 |Serial | Reasons for Annulment
|
|Number| Regulations | and |Number | |
| | |
Date of | of | |
| | |
Promul- |Outgoing| |
| | |
gation |Document| |
|------|----------------------|---------|--------|------------------------|
| 1 | A Written Reply of | February| (1958) | Replaced by "The Cus- |
| | the State Council | 27, | State |
toms Law of the |
| | to the Report Con- | 1958 |Council,| People's Republic of
|
| | cerning the Problem | | No. 32 |
China", adopted by the |
| | of Personal Inspec- | | |
19th Session of the |
| | tion at the Customs | | |
Standing Committee of |
| | |
| | the 6th National |
| | |
| | People's Congress |
| | |
| | on January 22, 1987 |
|------|----------------------|---------|--------|------------------------|
| 2 | Notice of the State | June | (1973) | Annulled because it is |
| | Council Concerning | 26, | State | in conflict
with |
| | the Strict Implemen- | 1973 |Council,| "Provisions of the
|
| | tation of Contracts | | No. 76 |
State Council Concer- |
| | for Export Commodi- | | |
ning the Speeding Up |
| | ties
| | | 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 | |
Mountaineering Parties |
| | Coming to China for | Council,| |
or Mountaineering and |
| | Mountaineering (On | and pro-| |
Tourism Parties Coming |
| | Trial Implemen- | mulgated| |
to China for Moun- |
| | tation) |
by the | | taineering", promul- |
| | |
State | | gated by the State |
| | |
Physical| | Physical Culture and |
| | |
Culture | | Sports Commission on |
| | |
and | | January 14, 1981
|
| | |
Sports | | |
| | |
Commis- | | |
| | |
sion and| | |
| | |
the Na- | | |
| | |
tional | | |
| | |
Tourism | | |
| | |
Adminis-| | |
| | |
tration | | |
| | |
on | | |
| | |September| | |
| | |
20, 1979| | |
|------|----------------------|---------|--------|------------------------|
| 4 | Procedures for the | Approved| (1979) | Replaced by"Procedures |
| | Collection of Fees | by the | No.108 | for the Collection of |
| | from Foreign Moun- | State | |
Fees from Foreign |
| | taineering Parties | Council,| |
Mountaineering Parties |
| | Coming to China for | and pro-| |
or Mountaineering and |
| | Mountaineering (On | mulgated| |
Tourist Parties Coming |
| | Trial Implementation)| by the | |
to China for Moun- |
| | |
State | | taineering", promul- |
| | |
Physical| | gated by the State |
| | |
Culture | | Physical Culture and |
| | |
and | | Sports Commission on |
| | |
Sports | | January 14, 1981 |
| | |
Commis- | | |
| | |
sion and| | |
| | |
the Na- | | |
| | |
tional | | |
| | |
Tourism | | |
| | |
Adminis-| | |
| | |
tration | | |
|------|----------------------|---------|--------|------------------------|
| 5 | Approval and Trans- | January | (1980) | Replaced by "Interim |
| | mission by the State | 21, | State | Provisions Concerning |
| | Council of a Report | 1980 |Council,| the Administration
of |
| | Submitted by the |
| No.22 | Prices for Interna- |
| | State Administration | | |
tional Tourism in |
| | for Commodity Prices | | |
China" approved by the |
| | Concerning the Forum | | |
State Council and |
| | on the Collection |
| | promulgated by the |
| | of Services Fees |
| | National Tourism |
| | from Overseas |
| | Administration and the |
| | Chinese, Compatriots | | |
State Administration |
| | from Hong Kong, |
| | for Commodity Prices |
| | Macao, and Taiwan |
| | on October 23, 1985 |
| | as well as Foreigners| | | |
| | of Chinese Descent | | | |
| | Coming to China's |
| | |
| | Mainland for |
| | |
| | Visiting Relatives or| | | |
| | for Sightseeing |
| | |
|------|----------------------|---------|--------|------------------------|
| 6 | Notice of the State | April | (1980) | Replaced by "The Law of|
| | Council Concerning | 22, | State | the People's
Republic |
| | Its Approval and | 1980 |Council,| of China
on the |
| | Transmission of a |
| No.94 | Administration of |
| | Report Submitted by | | |
Citizens Entering or |
| | the Ministry of |
| | Leaving the Country" |
| | Foreign Economic |
| | and "The Law of the |
| | Relations and Trade, | | |
People's Republic of |
| | the Ministry of |
| | China on the Adminis- |
| | Public Security, and | | |
tration of Foreigners |
| | the Ministry of |
| | Entering or Leaving |
| | Foreign Affairs |
| | the Country", adopted |
| | Requesting |
| | by the 13th Session of |
| | Instructions on the | | |
the Standing Committee |
| | Revision of |
| | of the 6th National |
| | Authority to |
| | People's Congress on |
| | Examine and Approve | | |
November 22, 1985, and |
| | Invitation to |
| | also by "Rules for the |
| | Foreign Businessmen | | |
Implementation of the |
| | to Come to China |
| | Law of the People's |
| | |
| | Republic of China on |
| | |
| | the Administration of |
| | |
| | Citizens Entering or |
| | |
| | Leaving the Country" |
| | |
| | and "Rules for the |
| | |
| | Implementation of the |
| | |
| | Law of the People's |
| | |
| | Republic of China on |
| | |
| | the Administration of |
| | |
| | Foreiners Entering or |
| | |
| | Leaving the Country", |
| | |
| | approved by the State |
| | |
| | Council in December, |
| | |
| | 1986, and promulgated |
| | |
| | by the Ministry of |
| | |
| | Public Security and |
| | |
| | other Ministries |
|------|----------------------|---------|--------|------------------------|
| 7 | Notice of the State | October | (1980) | Replaced by Notice of |
| | Council Concerning | 4, |Ministry| "A Report
Requesting |
| | Its Approval of a | ]980 | of
| Instructions on |
| | Report Submitted by | | Foreign|
Problems Concerning the|
| | the Ministry of |
|Economic| Adjustment of the |
| | Foreign Economic |
| Rela- | Policy for Accepting |
| | Relations and Trade, | | tions |
International Disaster |
| | the Ministry of Civil| | and |
Relief", issued by the |
| | Affairs, and the |
| Trade, | Ministry of Civil |
| | Ministry of Foreign | | No.077 |
Affairs, the Ministry |
| | Affairs Requesting | | |
of Foreign Econimic |
| | Instructions on the | | |
Relations and Trade, |
| | Acceptance of Aids | | |
and the Ministry of |
| | Given by the United | | |
Foreign Affairs on |
| | Nations Disaster |
| | June 9, 1987 |
| | Relief Administration| | | |
| | |
| | |
|------|----------------------|---------|--------|------------------------|
| 8 | Notice of the State | May 15, | (1981) | Replaced by "Notice of |
| | Council Concerning | 1981 | State | the General
Office of |
| | the Solution to the | |Council,|
the State Council |
| | Problems of Heavy |
| No.84 | Concerning the Trans- |
| | Losses in the Export | | |
mission of a Report |
| | of Trueran and of |
| | Submitted by the |
| | Processing Supplied | | |
Ministry of Foreign |
| | Materials |
| | Economic Relations and |
| | |
| | Trade Requesting |
| | |
| | Instructions on Seizing|
| | |
| | Advantageous Changes to|
| | |
| | Develop Such Opera- |
| | |
| | tional Businesses as |
| | |
| | Processing Supplied |
| | |
| | Materials and |
| | |
| | Assembling Supplied |
| | |
| | Parts", promulgated by |
| | |
| | Document No. 80 (1987) |
| | |
| | of the State Council on|
| | |
| | December 23, 1987 |
|------|----------------------|---------|--------|------------------------|
| 9 | Notice of the General| May 21, | (1983) | Replaced by "Notice of |
| | Office of the State | 1983 | State | the State
Council Con- |
| | Council Concerning | |Council,|
cerning Its Approval |
| | Problems of Buying | | No.38 |
and Transmission of a |
| | Airplane Tickets and | | |
Report Submitted by the|
| | of Safety Inspection | | |
Ministry of Public |
| | in the course of |
| | Security and the Civil |
| | Foreigners' Travel | | |
Aviation Administration|
| | |
| | (of China) Requesting |
| | |
| | Instructions on |
| | |
| | Simplifying the |
| | |
| | Procedures for Buying |
| | |
| | Airplane Tickets on |
| | |
| | Domestic Airlines", |
| | |
| | promulgated by Document|
| | |
| | No.133 (1985) of the |
| | |
| | State Council on |
| | |
| | November 25, 1985 |
|------|----------------------|---------|--------|------------------------|
| 10 | Notice of the General| May 26, | (1983) | Replaced by "Notice of |
| | Office of the State | 1983 | State | the State
Council Con- |
| | Council Concerning | |Council,|
cerning its Approval |
| | Several Specific Pro-| | No.41 |
and Transmission of a |
| | blems Relating to |
| | Report Submitted by the|
| | "Decree of the State | | |
Ministry of Public |
| | Council Concerning | | |
Security and the Civil |
| | the Strengthening of | | |
Aviation Administration|
| | Measures Against |
| | (of China) Requesting |
| | High-jacking and for | | |
Instructions on |
| | Safety" |
| | Simplifying the |
| | |
| | Procedures for Buying |
| | |
| | Airplane Tickets on |
| | |
| | Domestic Airlines", |
| | |
| | promulgated by |
| | |
| | Document No.133 (1985) |
| | |
| | of the State Council on|
| | |
| | November 25, 1985 |
|------|----------------------|---------|--------|------------------------|
| 11 | Notice of the State | August | (1983) | Replaced by "Noticc of |
| | Council Concerning | 5, | State |
the State Council Con- |
| | Its Approval and | 1983 |Council,| cerning its
Approval |
| | Transmission of a |
| No. 121| and Transmission of |
| | Report Submitted by | | |
"Noticc of the State |
| | the Ministry of For- | | |
Planning Commission and|
| | eign Economic Rela- | | |
of Other Departments on|
| | tions and Trade on | | |
a Report Concerning the|
| | Problems Concerning | | |
Expansion of the Expor-|
| | Vigorous Expansion | | |
tation of Machinery and|
| | of Exportation of |
| | Electrical Products", |
| | Machinery and Elec- | | |
promulgated by Document|
| | trical Products |
| | No.128 (1985) of the |
| | |
| | State Council on |
| | |
| | October 19, 1985 |
|------|----------------------|---------|--------|------------------------|
| 12 | Provisions Concern- | Promul- | (1984) | Replaced by "Notice of |
| | ing the Standard of | gated | State | the State Bureau of |
| | Expenses for Receiv- | by the |Council,| Foreign Expert Affairs,|
| | ing Foreign Experts | General | No.58 | the Ministry of |
| | in Culture and Edu- | Office | |
Finance, and the State |
| | cation
| of the | | Science and Technology |
| | |
State | | Commission Concerning |
| | |
Council | | Revision of the |
| | |
on July | | Standard of Expenses |
| | |
24, | | for Receiving Foreign |
| | |
1984 | | Experts", 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 | Serial | Reseans for Annulment |
|Number| Regulations | and | Number | |
| | |
Date of | of | |
| | |
Promul- |Outgoing| |
| | |
gation |Document| |
|------|----------------------|---------|--------|------------------------|
| 1 | Instructions of the | December| (1973) | Provisions, formulated |
| | State Council and the| 17, 1973| State | to suit the circum- |
| | Military Commission | |Council,|
stances at that time, |
| | of the Central Com- | | No.182 |
have become invalid |
| | mittee of the CPC |
| | automatically |
| | Concerning Streng- | | | |
| | thing of Measures |
| | |
| | for the Safety and | | | |
| | Protection of Both | | | |
| | Airports Open to the | | | |
| | Outside World and |
| | |
| | International |
| | |
| | Airliners |
| | |
|------|----------------------|---------|--------|------------------------|
| 2 | Notice of the State |September| (1979) | Provisions, formulated |
| | Council Concerning | 10, 1979| State | to suit the circum- |
| | Its Approval and |
|Council,| stances at that time, |
| | Transmission of a |
| No.230 | have become invalid |
| | Report Submitted by | | |
automatically |
| | the State Administra-| | | |
| | tion for Commodity | | | |
| | Price, the Ministry | | | |
| | of Commerce, and |
| | |
| | China General |
| | |
| | Administration of |
| | |
| | Tourism on the Forum | | | |
| | on Prices Involving | | | |
| | Foreign Interests |
| | |
|------|----------------------|---------|--------|------------------------|
| 3 | Notice of the State | May 28, | (1980) | Provisions, formulated |
| | Council Concerning | 1980 | State | to suit the
circum- |
| | Its Approval and |
|Council,| stances at that time, |
| | Transmission of a |
| No.145 | have become invalid |
| | Report Submitted by | | |
automatically |
| | the State Commission | | | |
| | for Imports and |
| | |
| | Exports on the Second| | | |
| | Forum Held by Repre- | | | |
| | sentatives from |
| | |
| | Beijing, Tianjin and | | | |
| | Shanghai on Export | | | |
| | Business |
| | |
|------|----------------------|---------|--------|------------------------|
| 4 | Notice of the State | June 2, | (1980) | Provisions, formulated |
| | Council Concerning | 1980 | State | to suit the
circum- |
| | Its Approval and |
|Council,| stances at that time, |
| | Transmission of a |
| No.150 | have become invalid |
| | Report Submitted by | | |
automatically |
| | the State Administra-| | | |
| | tion for Commodity | | | |
| | Prices on the Exist- | | | |
| | ing Problems of |
| | |
| | Prices Involving |
| | |
| | Foreign Interests and| | | |
| | Suggestions for Solu-| | | |
| | tions to the Problems| | | |
|------|----------------------|---------|--------|------------------------|
| 5 | Trial Procedures for | Approved| (1980) | Provisions, formulated |
| | the Operations of | by the | State | to suit the
circum- |
| | Specialized Factories| State | Commis-| stances at that time, |
| | that Produce Export | Council,| sion | have become invalid |
| | Industrial Goods | and pro-| for | automatically |
| | |
mulgated| Imports| |
| | |
by the | and | |
| | |
State |Exports,| |
| | |
Commis- | No.041 | |
| | |
sion for| | |
| | |
Imports | | |
| | |
and Ex- | | |
| | |
ports on| | |
| | |
August | | |
| | |
10,1980 | | |
|------|----------------------|---------|--------|------------------------|
| 6 | Trial Procedures for | Approved| (1980) | Provisions, formulated |
| | the Operations of | by the | State | to suit the
circum- |
| | Production Bases That| State | Commis-| stances at that time, |
| | Produce Agricultural | Council,| sion | have become invalid |
| | and Sideline Products| and pro-| for | automatically |
| | for Export | mulgated| Imports| |
| | |
by the | and | |
| | |
State |Exports,| |
| | |
Commis- | No.041 | |
| | |
sion for| | |
| | |
Imports | | |
| | |
and | | |
| | |
Exports | | |
| | |
on | | |
| | |
August | | |
| | |
10,1980 | | |
|------|----------------------|---------|--------|------------------------|
| 7 | Notice of the State |September| (1980) | Provisions, formulated |
| | Council Concerning | 5, 1980 | State | to suit the circum- |
| | Immediate Check on | |Council,|
stances at that time, |
| | the Illegal Transac- | | No.229 | have become
invalid |
| | tions in, and Smuggl | | |
automatically |
| | ing of, Imported |
| | |
| | Articles |
| | |
|------|----------------------|---------|--------|------------------------|
| 8 | Instructions of the | March | (1981) | Provisions, formulated |
| | State Council and the| 30, | No.6 | to suit the circum- |
| | Military Commission | 1981 | |
stances at that time, |
| | of the Central Com- | | |
have become invalid |
| | mittee of the CPC |
| | automatically |
| | Concerning Resolute | | | |
| | Measures against |
| | |
| | Smuggling Activities | | | |
|------|----------------------|---------|--------|------------------------|
| 9 | Notice of the Central| August | (1981) | Provisions, formulated |
| | Committee of the CPC | 3, 1981 | Central| to suit the circum- |
| | and the State Council| | Commit-| stances at
that time, |
| | Concerning Their Ap- | | tee of | have become
invalid |
| | proval and Transmis- | | the |
automatically |
| | sion of "A Summary of| | CPC, | |
| | a Conference Held by | | No.29 | |
| | Representatives from | | | |
| | Three Provinces along| | | |
| | the Southeastern |
| | |
| | Coast of China on the| | | |
| | Cracking Down for the| | | |
| | Second Time on |
| | |
| | Smuggling Activities"| | | |
|------|----------------------|---------|--------|------------------------|
| 10 | Notice of the General| December| | The period of applica-
|
| | Office of the State | 10, 1981| |
bility has expired, and|
| | Council Concerning | | |
the document has become|
| | Its Transmission of | | |
invalid automatically |
| | a Report Submitted by| | | |
| | the Central Committee| | | |
| | 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 | (1983) | The period of applica- |
| | Council Concerning | 5, 1983 | State | bility has expired, and|
| | Its Approval and |
|Council,| the Document has become|
| | Transmission of "A | | No.32 |
invalid automatically |
| | Summary of the 5th | | | |
| | Conference on the |
| | |
| | Balance of Foreign | | | |
| | Trade Transportation | | | |
| | Plan at the Ports |
| | |
| | Throughout the |
| | |
| | Country |
| | |
|------|----------------------|---------|--------|------------------------|
| 12 | Notice of the State | November| (1984) | Provisions, formulated |
| | Council Concerning | 25, | State | to suit the
circum- |
| | Its Approval and | 1984 |Council,| stances at
that time, |
| | Transmission of "A | | No.167 |
have become invalid |
| | Summary of a |
| | automatically |
| | Conference Held by | | | |
| | Representatives from | | | |
| | Three Provinces along| | | |
| | the Southeastern |
| | |
| | Coast of China on Its| | | |
| | Cracking Down for the| | | |
| | Fourth Time on |
| | |
| | Smuggling Activities"| | | |
|------|----------------------|---------|--------|------------------------|
| 13 | Notice of the State | January | (1985) | Provisions, formulated |
| | Council Concerning | 31, | State | to suit the
circum- |
| | Its Approval and | 1985 |Council,| stances at
that time, |
| | Transmission of a |
| No.14 | have become invalid |
| | Report Submitted by | | |
automatically |
| | National Tourism |
| | |
| | Administration on |
| | |
| | Several Problems |
| | |
| | Concerning the |
| | |
| | Present Reform in the| | | |
| | System of Tourism |
| | |
|------|----------------------|---------|--------|------------------------|
| 14 | Notice of the General| March | (1985) | Provisions, formulated |
| | Office of the State | 28, | State | to suit the
circum- |
| | Council Concerning | 1985 |Council,| stances at that time, |
| | Its Transmission of | | No.26 |
have become invalid |
| | a Report Submitted by| | |
automatically |
| | the Ministry of |
| | |
| | Foreign Economic |
| | |
| | Relations and Trade | | | |
| | Requesting Instruc- | | | |
| | tions on Their Sugges| | | |
| | tions for the Imple- | | | |
| | mentation of the |
| | |
| | State Council's |
| | |
| | "Provisions Concern- | | | |
| | ing Several Problems | | | |
| | Relating to the |
| | |
| | Imports and Exports | | | |
| | of Textile Goods" |
| | |
|------|----------------------|---------|--------|------------------------|
| 15 | Notice of the General| April | (1985) | Provisions, formulated |
| | Office of the State | 21, | State | to suit the
circum- |
| | Council Concerning | 1985 |Council,| stances at that time, |
| | Its Transmission of | | No.35 |
have become invalid |
| | a Report Submitted by| | |
automatically |
| | the National Tourism | | | |
| | Administration on |
| | |
| | Overcoming the |
| | |
| | Unhealthy Tendencies | | | |
| | in the Tourist Trade | | | |
|------|----------------------|---------|--------|------------------------|
| 16 | Notice of the General| June | (1986) | Provisions, formulated |
| | Office of the State | 25, | State | to suit the
circum- |
| | Council Concerning | 1986 |Council,| stances at that time, |
| | Its Transmission of | | No.52 |
have become invalid |
| | "A Summary of a |
| | automatically |
| | Conference Held by | | | |
| | Representatives from | | | |
| | Three Provinces along| | | |
| | the Southeastern |
| | |
| | Coast of China on Its| | | |
| | Cracking Down for the| | | |
| | Fifth Time on |
| | |
| | Smuggling Activities"| | | |
|------|----------------------|---------|--------|------------------------|
URL: http://www.asianlii.org/cn/legis/cen/laws/cotscctaotsborgfm1080