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Law of the People's Republic of China on the Protection of the Rights and Interests of the Returned Overseas Chinese and the Relatives of Overseas Chinese Who Remain in the Homeland

     (Adopted at the 15th Session of the Standing Committee of the 7th National People's Congress on September 7, 1990, and revised according to the ¡°Decision Regarding the Revision of the ¡®Law of the People's Republic of China on the Protection of the Rights and Interests of the Returned Overseas Chinese and the Relatives of Overseas Chinese¡¯¡± of the 18th Session of the Standing Committee of the 9th National People's Congress of October 31, 2000)
    

     Article 1
     In order to protect the legitimate rights and interests of returned overseas Chinese and relatives of overseas Chinese who remain in the homeland, this Law is formulated on the basis of the Constitution.
     Article 2
     A returned overseas Chinese refers to the overseas Chinese who has returned and settled down in the homeland. An overseas Chinese refers to a Chinese citizen who settles down abroad.
     The relatives of overseas Chinese refer to the family dependants of an overseas Chinese or a returned overseas Chinese who remain in the homeland.
     The relatives of overseas Chinese mentioned in this Law include: an overseas Chinese's or a returned overseas Chinese's spouse, parents, children and their spouses, brothers and sisters, grandparents, grandparents-in-law, grandchildren (children of one's son or daughter), and other relatives who have long-term-support relationship with an overseas Chinese or a returned overseas Chinese.
     Article 3
     Returned overseas Chinese and relatives of overseas Chinese enjoy the rights of a citizen provided by the Constitution and laws, and perform the duties of a citizen provided by the Constitution and laws, and shall not be discriminated against by any organization or individual person.
     The State shall, according to the actual circumstances and the characteristics of the returned overseas Chinese and the relatives of overseas Chinese, give them appropriate preferential treatment. The specific measure shall be stipulated by the State Council or the relevant competent department under the State Council.
     Article 4
     All people's government at above the county level and their agencies in charge of overseas Chinese affairs shall organize and coordinate the relevant departments in doing well the work of protecting the legitimate rights and interests of the returned overseas Chinese and the relatives of overseas Chinese.
     Article 5
     The State shall make arrangements for the placement of overseas Chinese who return to and settle down in the homeland.
     Article 6
     The National People's Congress and the People's Congresses at the local level of areas where there is a considerable number of returned overseas Chinese shall have an appropriate quota of deputies for the returned overseas Chinese.
     Article 7
     The returned overseas Chinese and the relatives of overseas Chinese have the right to apply according to law for the establishment of mass organizations and to carry out lawful social activities that suit the needs of the returned overseas Chinese and the relatives of overseas Chinese.
     The property of the mass organizations established by the returned overseas Chinese and the relatives of overseas Chinese according to law is protected by law, and shall not be infringed on by any organization or individual person.
     Article 8
     The Chinese National Returned Overseas Chinese Federation and the returned overseas Chinese federations at the local level represent the interests of the returned overseas Chinese and the relatives of overseas Chinese, uphold according to law the legitimate rights and interests of the returned overseas Chinese and the relatives of overseas Chinese.
     Article 9
     The State shall give support to enterprises, including farms and forestry centers, where the placement of returned overseas Chinese are arranged. No organization or individual person shall seize the land they legitimately use, or infringe upon their legitimate rights and interests.
     At the locations of the enterprises, including farms and foresting centers, where the placement of returned overseas Chinese are arranged, schools, and medical and health care institutions may be appropriately set up according to need, and the State shall give them assistance in personnel ,equipment, and funds, etc.
     Article 10
     The State safeguards according to law the social security rights and interests of the staff members and workers who are returned overseas Chinese or relatives of overseas Chinese. The employer-unit and its staff members and workers who are returned overseas Chinese and relatives of overseas Chinese shall participate in the local social insurance, and pay the social insurance premium.
     The local people's government shall give relief to the returned overseas Chinese or the relatives of overseas Chinese who have lost the ability to work and have no financial support, or who really live in straitened circumstances.
     Article 11
     The State encourages and guides the returned overseas Chinese and the relatives of overseas Chinese to invest according to law in founding establishments in industry, especially in establishing high-new-tech enterprises, and the people's governments at all levels, shall give them support, and their legitimate rights and interests shall be protected by law.
     Article 12
     In case the returned overseas Chinese and the relatives of overseas Chinese set up a public welfare undertaking, the people's governments at all levels shall give them support, and their legitimate rights and interests shall be protected by law.
     The goods and materials contributed and donated by the friends and relatives abroad of returned overseas Chinese and relatives of overseas Chinese that are to be used for the public welfare undertaking shall have reduction or exemption of customs duties or the value-added tax of the links of import in accordance with the provisions of law and administrative regulations.
     Article 13
     The State protects according to law the ownership of privately-owned houses at home of returned overseas Chinese and relatives of overseas Chinese.
     In case of requisition or demolition and relocation according to law of the privately-owned house of returned overseas Chinese or relatives of overseas Chinese, the construction unit shall give them proper compensation and make appropriate arrangement for their resettlement.
     Article 14
     The people's government at all levels shall give the returned overseas Chinese and the relatives of overseas Chinese preferential treatment for finding employment, and provide them with the necessary guidance and service.
     For going in higher schools the returned overseas Chinese students, children of returned overseas Chinese and overseas Chinese's children who remain in the homeland shall be given preferential treatment according to relevant State provisions.
     Article 15
     The State protects the income of overseas remittance of the returned overseas Chinese and the relatives of overseas Chinese.
     Article 16
    The returned overseas Chinese and the relatives of overseas Chinese have the right to accept bequeathal and gift from their relatives and friends abroad.
    The rights and interests of the returned overseas Chinese and the relatives of overseas Chinese to inherit property abroad are protected by law.
    The returned overseas Chinese and the relatives of overseas Chinese have the right to dispose of their property abroad.
     Article 17
     The contact and communication of the returned overseas Chinese and the relatives of overseas Chinese with their relatives and friends abroad are protected by law.
     Article 18
     In case the returned overseas Chinese and the relatives of overseas Chinese apply for leaving the country, the relevant competent department shall complete the exit formalities within the prescribed time limit.
     In case the returned oversea Chinese and the relatives of overseas Chinese really need to leave the country immediately because of special circumstances such as that a directly related member of their family abroad is dangerously ill, or has died, or because of the disposal of property abroad within a limited time period, the relevant department shall give them priority to go through the exit formalities on the basis of the valid certificate submitted by the applicant.
     Article 19
     The State safeguards the rights of the returned oversea Chinese and the relatives of overseas Chinese to leave the country and visit their family.
     The staff members and workers who are returned oversea Chinese or relatives of overseas Chinese enjoy the treatment of leaving the country to visit their family according to relevant State provisions.
     Article 20
    The returned overseas Chinese and the relatives of overseas Chinese may apply, according to relevant provisions of the State, for leaving the county to settle down abroad. No organization or individual person shall infringe upon the legitimate rights and interests of the applicant who has been approved to leave the country and settle down abroad.
    If the retired with merit, retired, or resigned from permanent work staff members and workers who are returned overseas Chinese and relatives of overseas Chinese that leave the country to settle down abroad, their merit retirement pay, retirement pay, severance pay, or old-age pension shall continue to be paid.
     Article 21
     In case the returned overseas Chinese or the relatives of overseas Chinese apply for leaving the country to study abroad, or to give lectures overseas, at their own expense, or for leaving the country for business, the unit where they work and the relevant department shall provide them with convenience.
     Article 22
     The State shall protect the legitimate rights and interests abroad of the returned overseas Chinese and the relatives of overseas Chinese according to the international treaty signed or acceded to by the People's Republic of China, or international practices.
     Article 23
     When the legitimate rights and interests of the returned overseas Chinese and the relatives of overseas Chinese are infringed upon, the injured party shall have the right to demand that the relevant competent department handles the case according to law, or they may bring a lawsuit in the people's count. The Returned Overseas Chinese Federation shall give them support and help.
     Article 24
     In case the working personnel of State organs derelict their duty, abuse their power and cause their infringement of the legitimate rights and interests of the returned overseas Chinese and the relatives of overseas Chinese, the unit to which the working personnel belong, or the superior organ shall order them to make correction, or give them disciplinary sanction .If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for their criminal liability according to law.
     Article 25
     Any organization or individual person that infringe upon the legitimate rights and interests of the returned overseas Chinese and the relatives of overseas Chinese, and cause loss of property of the returned overseas Chinese and the relatives of overseas Chinese, or other damages, shall bear the civil liabilities according to law. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for his/her criminal liability according to law.
     Article 26
     Any one who illegally occupies and uses the land lawfully used by the farm or forestry center for the placement of the returned overseas Chinese and the relatives of overseas Chinese in violation of the provision of Article 9, Clause 1 of this Law shall be ordered by the relevant competent department to return the land. In case the wrongful act causes any losses, the wrongdoer shall be liable for compensation according to law.
     Article 27
     Anyone who illegally seizes the privately-owned house(s) in homeland of returned overseas Chinese and relatives of overseas Chinese in violation of the provision of Article 13 of this Law, shall be ordered by the relevant competent department to return the illegally-seized house(s). In case the wrongful act caused any losses, the wrongdoer shall be liable to pay compensation according to law.
     Article 28
     Anyone who stops, deducts, embezzles, or misappropriates the payment of the merit retirement pay, retirement pay, severance pay, or old-age pension of the returned overseas Chinese and the relatives of overseas Chinese who have left the county and settle down abroad, in violation of the provision of Article 20 Clause 2 of this Law, shall be ordered by the relevant unit or the relevant competent department to pay retroactively, and pay compensation according to law. The person(s) directly in charge and the other person(s) directly liable shall be given disciplinary sanction according to law. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for his/her criminal liability.
     Article 29
     The State Council shall formulate the implementation procedures on the basis of this Law.
    The Standing Committees of the People's Congresses of Provinces, Autonomous Regions and Municipalities directly under the Central Government may formulate implementation procedures on the basis of the implementation procedures formulated by the State Council.
     Article 30
     This Law shall become effective on January 1, 1991.
    
    
    Note: This translation is non-official, and can only be taken as reference


 
Overseas Chinese Affairs Office of Shanghai Municipal Government