中华人民共和国归侨侨眷权益保护法英文版.docx

1、中华人民共和国归侨侨眷权益保护法英文版中华人民共和国归侨侨眷权益保护法(英文版) LAW OF THE PEOPLES 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 THEPEOPLES REPUBLIC OF

2、CHINA GOVERNING FOREIGN-RELATED MATTERS (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the Peoples Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese shall prevail. Whole Documen

3、t LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PROTECTION OF THERIGHTS AND INTERESTS OF RETURNED OVERSEAS CHINESE AND THE FAMILY MEMBERSOF OVERSEAS CHINESE(Adopted at the 15th Meeting of the Standing Committee of theSeventh National Peoples Congress on September 7, 1990, promulgated byOrder No. 33 of

4、 the President of the Peoples Republic of China onSeptember 7, 1990, and effective as of January 1, 1991)Article 1This Law is enacted in accordance with the Constitution with a view toprotecting the lawful rights and interests of returned overseas Chineseand the family members of overseas Chinese.Ar

5、ticle 2Returned overseas Chinese denote overseas Chinese who have returned tothe country and taken it as their place of permanent residence. OverseasChinese denote Chinese citizens who have settled down abroad.Family members of overseas of Chinese denote the family members,residing in the country, o

6、f overseas Chinese and returned overseasChinese.The family members of overseas Chinese referred to in this Law includeoverseas Chineses and returned overseas Chineses spouses, parents,children and their spouses, brothers and sisters, paternal grand-parents,maternal grand-parents, grand-children and

7、other relations who have longsupported or been supported by overseas Chinese or returned overseasChinese.Article 3Returned overseas Chinese and the family members of overseas Chinese shallbe entitled to the citizens rights prescribed by the Constitution and thelaw and at the same time shall perform

8、the citizens duties prescribed bythe Constitution and the law. No organization or individual maydiscriminate against them.The state shall, in accordance with the actual conditions and thecharacteristics of returned overseas Chinese and the family members ofoverseas Chinese, give them appropriate pre

9、ferential treatment, and thespecific measures thereof shall be formulated by the State Council or therelevant competent departments under the State Council.Article 4The state shall make arrangements for overseas Chinese who have returnedto the country and taken it as their place of permanent residen

10、ce.Article 5Returned overseas Chinese shall be entitled to appropriate representationon the National Peoples Congress and local peoples congresses in placeswhere there are relatively large numbers of returned overseas Chinese.Article 6Returned overseas Chinese and the family members of overseas Chin

11、ese shallhave the right to establish public organizations in conformity with thelaw, to safeguard the lawful rights and interests of returned overseasChinese and the family members of overseas Chinese and to conductlegitimate social activities suitable to their needs. The property of thepublic organ

12、izations established according to law by returned overseasChinese and the family members of overseas Chinese shall be protected bylaw, and shall not be infringed upon by any organizations or individuals.Article 7The state shall give support to enterprises such as agricultural or forestfarms which ha

13、ve provided placement for returned overseas Chinese. Noorganization or individual may appropriate the land lawfully used by suchenterprises or infringe upon their lawful rights and interests.Enterprises such as agricultural or forest farms which have providedplacement for returned overseas Chinese m

14、ay, in accordance with theirneeds, set up schools and medical care and health institutions in arational way, to which the state shall give support and aid with respectto personnel, facilities and funds.Article 8Local peoples governments at various levels shall support returnedoverseas Chinese and th

15、e family members of overseas Chinese to invest inthe establishment of industrial and commercial enterprises, in thedevelopment of barren hills, waste lands and beaches, or to engage in theagricultural, forestry, animal husbandry, sideline and fishery production.Their lawful rights and interests shal

16、l be protected by law.Article 9Peoples governments at various levels shall support returned overseasChinese and the family members of overseas Chinese to set up publicwelfare establishments in the country. Their lawful rights and interestsshall be protected by law. Returned overseas Chinese and the

17、familymembers of overseas Chinese who receive materials from donationsvoluntarily made by their relatives and friends outside the country andwill use them in public welfare undertakings shall, in accordance withrelevant state regulations, deal with the acceptance and enjoypreferential treatment of d

18、uty reduction or exemption.Article 10The state shall, in accordance with the law, protect the ownership ofprivate houses, in the country, of returned overseas Chinese and thefamily members of overseas Chinese. Construction units shall, inaccordance with the relevant state regulations, make due compe

19、nsation andappropriate arrangements for those returned overseas Chinese and thefamily members of overseas Chinese whose private houses are requisitioned,dismantled or removed according to law for state construction.Article 11Students who are returned overseas Chinese, children of returned overseasCh

20、inese and children, residing in the country, of overseas Chinese, shall,in accordance with relevant state regulations, be given specialconsiderations in respect of school admission and employment.Article 12The state shall protect the income of returned overseas Chinese and thefamily members of overs

21、eas Chinese from remittance sent by overseasChinese.Article 13Returned overseas Chinese and the family members of overseas Chinese shallhave the right to inherit or accept the estate, legacy or donation fromtheir relatives or friends outside the country.Returned overseas Chinese and the family membe

22、rs of overseas Chinese shallhave the right to dispose of their property outside the country.Article 14Contacts and communications between returned overseas Chinese and thefamily members of overseas Chinese and their relatives and friends outsidethe country shall be protected by law.Article 15Applica

23、tions for exit from the country by returned overseas Chinese andthe family members of overseas Chinese shall be examined for approval bythe competent authorities concerned within the prescribed time limit.For returned overseas Chinese and the family members of overseas Chinesewho desire to leave the

24、 country urgently because of special circumstancessuch as critical illness(es) or death(s) of their direct lineal relativesor the need for disposition of property outside the country within aprescribed time limit, the competent authorities concerned shall giveexamination for approval without delay o

25、n the basis of valid certificatesprovided by the applicants.Article 16The state shall safeguard the right of returned overseas Chinese and thefamily members of overseas Chinese to leave the country for the purpose ofvisiting their relatives. Returned overseas Chinese and the familymembers of oversea

26、s Chinese who work in state organs or state-ownedenterprises and institutions shall enjoy the treatment as provided in therelevant state regulations in respect of leaving the country for thepurpose of visiting their relatives.Article 17Returned overseas Chinese and the family members of overseas Chi

27、nese shallhave the right to leave the country and settle down abroad.Returned overseas Chinese and the family members of overseas Chinese wholeft their posts as veteran cadres, retired or quitted their posts forjustified reasons shall continue to receive their pensions after leavingthe country for s

28、etting down abroad.Article 18Returned overseas Chinese and the family members of overseas Chinese whoapply to go abroad for the purpose of study at their own expense shall begiven preferential treatment in accordance with the relevant stateregulations.Article 19The state shall protect the legitimate

29、 rights and interests, outside thecountry, of returned overseas Chinese and the family members of overseasChinese in accordance with the international treaties to which thePeoples Republic of China is a party or has acceded or with internationalpractice.Article 20Returned overseas Chinese and the fa

30、mily members of overseas Chineseshall, where their lawful rights and interests are violated, have theright to request the relevant competent departments to handle the matterin accordance with the law, or, bring a suit in a peoples court accordingto law.Article 21The State Council shall, on the basis

31、 of this Law, formulate measures forits implementation.The standing committees of the peoples congresses of the provinces,autonomous regions and municipalities directly under the CentralGovernment may, pursuant to this Law and the State Councils measures forimplementation, formulate measures for implementation respectively.Article 22This Law shall enter into force as of January 1, 1991.