Laws of the People's Republic of China

    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 settling 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.