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Implementation Procedures of the Ą°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 HomelandĄ±

Article 1

These Procedures are formulated on the basis of the provisions 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 who remain in the Homeland".

Article 2

The status of a returned overseas Chinese (hereinafter referred to as ROC) and the relative(s) of Overseas Chinese who remain in the homeland (hereinafter referred to as ROCH) shall be examined, verified, and identified on the basis of the application of the ROC or the ROCH himself/herself by the agency in charge of overseas Chinese affairs of the local people's government at above the county level of the location where he/she has his/her permanent household registration.

Where a relative of an overseas Chinese or of a ROC that has long-term support relationship with the overseas Chinese or the ROC applies for the identification of his/her status of a ROCH, he/she shall submit the certificate of support issued by a notary agency.

Article 3

After an overseas Chinese or ROC has died or has lost his/her status of an overseas Chinese, the originally identified status according to law of the relative of overseas Chinese of his/her relatives who remain in the homeland shall remain unchanged.

Anyone who has discharge his/her marital relationship with an overseas Chinese, a ROC and his/her children according to law, or any one who discharges his/her support relationship with an overseas Chinese or a ROC shall lose his/her status of the relative of an overseas Chinese.

Article 4

All local people's governments at above the county level shall attach importance to and strengthen the work of protection of the legitimate rights and interests of the ROC and the ROCH.

The agencies in charge of the overseas Chinese affairs of all people's governments at above the county level shall organize the coordination of the relevant departments in doing a good job of the work of the protection of the legitimate rights and interests of the ROC and the ROCH, and organize the conducting of supervision and inspection of the implementation of the laws and regulations on the protection of the rights and interests of the ROC and the ROCH in their respective administrative areas.

The relevant department of all people's governments at above the county level shall do a good job within the scope of their duties of the work of protection of the legitimate rights and interests of the ROC and the ROCH.

Article 5

In case an overseas Chinese wants to return to and settle down in the homeland, a certificate for his/her return to and settle down in the homeland shall be issued to him/her after verification according to the provisions on the entry-and-exit administration.

Article 6

The local people's government and the relevant departments shall arrange the settlement of the overseas Chinese who has returned to settle down in the homeland according to relevant provisions of the State.

Article 7

The Chinese National Federation of Retuned Overseas Chinese and the local Federation of Returned Overseas Chinese shall carry out their activities in accordance with their constitutions and safeguard the legitimate rights and interests of the ROC and the ROCH.

The ROC and the ROCH have the right to apply according to law for the establishment of other mass organizations and to carry out lawful social activities that suit the needs of the ROC and the ROCH.

The legitimate rights and interests of the mass organizations of the ROC and the ROCH and their lawful activities carried out in accordance with their constitution are protected by law; their legally owned property shall not be seized or damaged by any organization or individual person.

Article 8

The special funds checked, ratified and appropriated by the people's governments at all levels to the enterprises including the farms and forestry farms that arrange the settlement of the ROC shall be used for specified purpose only, no organization or individual person shall embezzle, withhold, or illicitly partition them.

The local people's governments shall give support to the enterprises including the farms and forestry farms that arrange the settlement of the ROC.

Article 9

The enterprises of farms and forestry farms that arrange the settlement of the ROC and the ROCH have according to law the use right of the resources including the land, the mountain forests, the mud flats, and the water surface, etc. legally used by the enterprises. All the means of production they possess, the crops they cultivate, the products they produce shall not be seized or damaged by any organization or individual person. Where the State requisition according to law the land of the farms and forestry farms that arrange the settlement of the ROC, the State shall pay them compensation.

Article 10

The schools and the medical and health institutions established in the location of the enterprises of the farms and forestry farms that arrange the settlement of the ROC shall be brought into the education and health planning of the local people's government, and be placed under unified administration.

Article 11

The State safeguards according to law the social security rights and interests of the ROC and the ROCH. The employer-unit and the ROC and the ROCH shall participate in the local social insurance according to law, and pay the social insurance premium. The ROC and the ROCH that participate in the social insurance shall enjoy according to law the benefit of social insurance.

The local people's government shall give relief to the ROC and the ROCH who really live in straitened circumstances, and give support to their production and employment, and shall ensure according to law the minimum subsistence of the ROC and the ROCH who have lost the ability to work and have no financial support.

Article 12

In case the ROC or the ROCH make investment in developing barren hills, wasteland, mud flats, or engage in agriculture, forestry, animal husbandry and, fishery, the relevant local people's government shall give them its support.

Article 13

In case the ROC and the ROCH set up a public welfare undertaking, the people's governments at all levels and their relevant departments 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 the ROC and the ROCH that are to be used for the public welfare undertaking at home shall have reduction or exemption of customs duties or the value-added-tax of the links of import according to law.

The property contributed and donated by the enterprise(s) in the homeland invested by the ROC, the ROCH, and their friends and relatives abroad that are to be used for the public welfare undertaking shall enjoy according to law the preferential treatment of income tax.

In case the friends and relatives abroad of the ROC and the ROCH contribute and donate property to the homeland, the agency in charge of overseas Chinese affairs of the people's government at above the county level may assist them in going through the relevant entry formalities and provide help for the contributor and donator to carry out the contribution and donation project, and supervise the use and management of the contributed and donated property according to law.

Article 14

The State protects according to law the ownership of privately-owned houses at home of the ROC and the ROCH. The ROC and the ROCH have the rights of possession, use, profit and disposal over their privately-owned houses according to law, no organization or individual person shall infringe on these rights.

Article 15

For the lease of the privately-owned house of the ROC and the ROCH, the lessor and the lessee shall conclude a lease contract and register it at the real estate administrative department of the location of the leased house for the record. At the termination of the lease contract the lessee shall return the house to the lessor.

Article 16

In case of demolition and relocation according to law the privately-owned house of the ROC or the ROCH, the house demolishing and relocation party shall in accordance with the State provisions relating to the administration of demolition and relocation of houses to give monetary compensation, or practise the exchange of house property rights. The procedures on compensation and resettlement of the house privately-owned by the ROC or the ROCH and leased for a rent in accordance with the rate fixed by the government shall be formulated by the State Council's competent department of construction jointly with the relevant departments.

Article 17

In case that the children of overseas Chinese return to the homeland to study in schools of compulsory education, they shall go through the enrollment formalities just the same as the children of local residents. In case that the returned overseas students, the children of the ROC and the children of overseas Chinese that remain in the homeland apply for admission to the schools of non-compulsory education run by the State, the educational and other relevant departments shall give them preferential treatment according to the relevant provisions of the Sate and in the light of the actual circumstances of the area.   

     Article 18

The overseas remittance is the legitimate income of the ROC and the ROCH, and the ownership of the overseas remittance is protected by law, no organization or individual person shall seize it, defer its payment, force a loan, or have it illegally frozen or confiscated.

Article 19

In case a ROC or a ROCH needs to go abroad to dispose of his/her property or to accept the legacy, bequeathal, and gift, the relevant departments and the overseas diplomatic (consular) agency of our country or other overseas agency authorized by the Foreign Affairs Ministry may upon the request of the ROC or the ROCH provide the necessary assistance.

Article 20

The freedom of communication and the security of communication of the ROC and the ROCH are protected by law, no organization or individual person shall illegally open, conceal, ruin, or steal the post of the ROC and the ROCH. In case of the loss, damage, or missing of the content of any registered post for the ROC and the ROCH, the post office shall give compensation according to law.

Article 21

In case the ROC and the ROCH apply for leaving the country, the relevant competent department shall complete the exit formalities according to law within the prescribed time limit.

In case the ROC and the ROCH 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, the relevant competent department shall give them priority to go through the exit formalities on the basis of the valid certificate submitted by the applicant.

Article 22

The ROC and the ROCH enjoy the treatment of leaving the country to visit their family according to the relevant State provisions relating to visiting the family.

Article 23

In case the ROC or the ROCH who retires (retires with merit) according to the provisions of the State have been approved to leave the country and settle down abroad, the retirement treatment (the merit retirement treatment) they enjoy according to the provisions of the State shall remain unchanged. They may entrust somebody to collect their old-age-pension, however, they shall every year submit to the original unit where they work or the social insurance handling agency that is responsible for paying their old-age-pension the certificate of their survival issued by the diplomatic (consular) agency stationed in the country where they reside or the notary agency of the country where they reside.

The ROC or the ROCH who left the country to settle down abroad after their retirement (merit retirement) and returns for medical treatment, shall enjoy appropriate benefit of medical treatment.

In case the staff members or workers who are ROC or ROCH and who do not meet the requirements of retirement provided by the State have been approved to leave the country and settle down abroad, and have gone through the formalities of resignation, dismissal, or termination of labor relationship, in accordance with State provisions shall enjoy the severance pay in a lump sum and related benefit. Those who have participated in the basic endowment insurance and basic medical insurance shall have the funds that shall belong to them in person settled in one lump sum by the handling agency of social insurance according to the relevant State provisions, and their basic endowment insurance and basic medical insurance relationship shall be terminated.

In case the ROC and the ROCH who have been approved to leave the country and settle down abroad have participated before they leave the country according to law, in the social insurance other than those provided in the preceding Clause, shall enjoy the corresponding social insurance benefit according to the relevant State provisions.

Article 24

Before a ROC or a ROCH gets his/her entry visa of his/her destination country, the unit in which he/she works or the school in which he/she works or studies shall not dismiss, lay off, discharge the labor relationship, suspend the payment of salary (wage), or order him/her to discontinue his/her schooling, and shall not demand for earnest money or pledge money.

The work and the leased publicly-owned house of the ROC or the ROCH who has been approved to leave the country to visit his/her family or to settle down abroad shall be kept during his/her approved leave.

Article 25

The ROC or the ROCH who is to leave the country or to settle down abroad may convert RMB into foreign currency according to provisions of law. The social insurance benefit, the housing accumulation funds collected by a ROC or a ROCH who is to leave the country to settle down abroad may be converted into foreign currency, and be transmitted abroad, or be carried on his/her person when leaving the country.

Article 26

The overseas diplomatic (consular) agencies of our country shall protect the legitimate rights and interest abroad of the ROC and the ROCH according to the international treaty our country signed or acceded to and the international practice.

In case a ROC or a ROCH has old-age-pension and pension for the disabled abroad that needs to be collected, the overseas diplomatic (consular) agencies of our country may upon his/her request, provide the necessary assistance.

Article 27

In case the legitimate rights and interests of the ROC and the ROCH are infringed upon, the injured ROC and the ROCH shall have the right to demand that the relevant competent department handle the case according to law, or they may bring a lawsuit in the people's court. If the ROC and the ROCH are in financial difficulties, the local legal aid organization shall provide them with legal aid according to law. The Returned Overseas Chinese Federation at all levels shall give them support and help.

Article 28

In case the agency or personnel that handle the special funds for overseas Chinese affairs seize, withhold, or illicitly partition the special funds in violation of these Procedures, the directly responsible person-in-charge and the personnel directly liable shall be given administrative punishment or disciplinary sanction according to law. In case the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability. The special funds for overseas Chinese affairs seized, withheld, illicitly partitioned shall be ordered by the competent department to be recovered.

Article 29

In case the working personnel of State organs derelict their duty, abuse their power, resort to fraudulent practices for personal gain, and cause their infringement on the legitimate rights and interests of the ROC and the ROCH, the directly responsible person-in-charge and the personnel directly liable shall be given administrative punishment or disciplinary sanction. In case the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability.

Article 30

These Procedures shall become effective on July 1, 2004. The "Implementation Procedure 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 Who Remain in the Homeland", promulgated on July 19, 1993 by the State Council, is repealed at the same time.  

 

Note: This translation is non-official, and can be taken only as reference.

 


 
Overseas Chinese Affairs Office of Shanghai Municipal Government