Law Of The People'S Republic Of China On The Protection Of Rights And Interests Of Returned Overseas Chinese And Their Relatives

Adopted at the fifteenth session of the Standing Committee of the Seventh National People's Congress on September 7, 1990

According to the eighteenth meeting of the Standing Committee of the Ninth National People's Congress in October 31, 2000 Law of the People's Republic of China on the protection of the rights and interests of Returned Overseas Chinese and their families. Amendment to the decision

Article 1. This law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of Returned Overseas Chinese and their relatives.

The second returned overseas Chinese refer to the overseas Chinese who have returned to settle down. Overseas Chinese are designated Chinese citizens living abroad. The family members of overseas Chinese refer to the dependants of overseas Chinese and returned overseas Chinese in China.

The family members of overseas Chinese referred to in this Law include: the spouses of overseas Chinese, returned overseas Chinese, parents, children and their spouses, brothers and sisters, grandparents, grandparents, grandchildren, and other relatives who have long-term dependency relations with overseas Chinese and returned overseas Chinese.

The third returned overseas Chinese and their family members enjoy the rights of citizens under the Constitution and laws, and fulfill the obligations of citizens under the Constitution and laws. No organization or individual can discriminate against them.

The State shall give due consideration to the actual situation and the characteristics of Returned Overseas Chinese and overseas Chinese families, and the specific measures shall be formulated by the State Council or the relevant competent departments under the State Council.

Fourth People's governments at or above the county level and their agencies responsible for overseas Chinese Affairs shall organize and coordinate relevant departments to do a good job in protecting the legitimate rights and interests of Returned Overseas Chinese and their relatives.

The fifth countries resettled overseas Chinese who returned home.

The Sixth National People's Congress and the local people's congresses with large numbers of Returned Overseas Chinese should have representatives of Returned Overseas Chinese with appropriate places.

Seventh returned overseas Chinese and family members of overseas Chinese have the right to apply for the establishment of social organizations in accordance with the law and carry out lawful social activities that are suitable for returned overseas Chinese and overseas Chinese dependants.

The property of the social organizations established by the returned overseas Chinese and their dependants shall be protected by law, and no organization or individual may infringe upon them.

The Eighth National Federation of Returned Overseas Chinese and the local federation of Returned Overseas Chinese represent the interests of Returned Overseas Chinese and family members of overseas Chinese, and protect the lawful rights and interests of Returned Overseas Chinese and their relatives.

The ninth countries provide support to enterprises such as farms and forest farms for resettlement of Returned Overseas Chinese. No organization or individual may encroach on the land they lawfully use, and shall not infringe upon their legitimate rights and interests.

Where the returned overseas Chinese farms and forest farms are located, schools and medical and health care institutions can be reasonably set up according to needs, and the State shall give assistance to personnel, equipment and funds.

The tenth countries shall safeguard the social security rights and interests of Returned Overseas Chinese and overseas Chinese dependant workers in accordance with the law. Employing units, returned overseas Chinese and overseas Chinese dependant workers shall participate in local social insurance according to law and pay social insurance premiums.

The local people's government should give relief to those returned overseas Chinese and their family members who have lost their ability to work and have no economic resources or have difficulties in living.

The eleventh state encourages and guides returned overseas Chinese and overseas Chinese dependants to invest and set up industries in accordance with the law, especially the establishment of high and new technology enterprises. People's governments at all levels shall give legal protection to their legitimate rights and interests.

Twelfth returned overseas Chinese and overseas Chinese dependants should set up public welfare undertakings in China, and the people's governments at all levels should give support to them, and their legitimate rights and interests shall be protected by law.

The materials donated by returned overseas Chinese and overseas Chinese relatives and friends are used for domestic public welfare undertakings, and they are reduced or exempted from customs duties and value-added tax in the import link according to the provisions of laws and administrative regulations.

The thirteenth state protects the ownership of private houses in the country according to law.

In accordance with the relevant provisions of the state, reasonable compensation and proper placement shall be made by the construction units in accordance with the relevant regulations of the state.

Fourteenth people's governments at all levels should take care of the employment of Returned Overseas Chinese and their relatives and provide necessary guidance and services.

The children of Returned Overseas Chinese, returned overseas Chinese and overseas Chinese children are enrolled in the school according to the relevant regulations of the state.

The fifteenth state protects the remittance income of Returned Overseas Chinese and overseas Chinese families.

Sixteenth returned overseas Chinese and family members of overseas Chinese have the right to accept bequest or donation from relatives and friends abroad.

The rights and interests of Returned Overseas Chinese and overseas Chinese dependants are protected by law. Returned overseas Chinese and overseas Chinese dependants have the right to dispose of their property abroad. {page_break}

The seventeenth exchanges and communications between returned overseas Chinese and overseas Chinese dependants are protected by law.

Eighteenth returning overseas Chinese and overseas Chinese dependants apply for exit, and the competent departments concerned shall go through formalities within the prescribed time limit.

The returned overseas Chinese and overseas Chinese families are in urgent need of leaving the country due to the immediate death or death of the immediate family members, or the handling of overseas property within a limited time. The competent authorities should give priority to the formalities according to the effective certificates provided by the applicants.

The nineteenth state guarantees the right of Returned Overseas Chinese and their relatives to leave the country to visit their relatives.

Returned overseas Chinese and family members of overseas Chinese enjoy the treatment of going abroad to visit relatives according to the relevant regulations of the state.

Twentieth returned overseas Chinese and overseas Chinese dependants may apply for exit and settlement in accordance with the relevant provisions of the state. No organization or individual may damage their legitimate rights and interests if they are approved to leave the country to settle down.

Those who retire, retire or retire will be released from retirement, pension, retirement and pensions.

Twenty-first returned overseas Chinese and overseas Chinese families who apply to study abroad or study abroad at their own expense, or because of their business exit, their units and departments concerned should provide convenience.

The twenty-second countries shall protect the legitimate rights and interests of Returned Overseas Chinese and overseas Chinese dependants abroad in accordance with international treaties or international practices concluded or acceded to by People's Republic of China.

When the lawful rights and interests of the twenty-third returned overseas Chinese and their relatives are infringed, the infringed party shall have the right to require the competent departments to handle the matter according to law, or bring a lawsuit to the people's court. The returned overseas Chinese Federation should give support and help.

If the twenty-fourth state organs staff neglect their duties or abuse their power and cause damage to the lawful rights and interests of Returned Overseas Chinese and their family members, their units or higher authorities shall order correction or administrative sanction; if a crime is constituted, they shall be investigated for criminal responsibility according to law.

Article twenty-fifth any organization or individual who infringes upon the lawful rights and interests of Returned Overseas Chinese and their family members and causes losses or other damage to the property of Returned Overseas Chinese or overseas Chinese members shall bear civil liability according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Twenty-sixth, in violation of the provisions of the first paragraph of article ninth of this law, the illegal use of land lawfully used by farms or forest farms for resettlement of Returned Overseas Chinese shall be ordered by the competent authorities concerned to be returned. If losses are caused, they shall be liable for compensation in accordance with the law.

Twenty-seventh, in violation of the thirteenth provision of this law, the competent authorities concerned shall be ordered to refund the illegal occupation of private houses belonging to returned overseas Chinese and overseas Chinese dependants. If losses are caused, they shall be liable for compensation in accordance with the law.

Twenty-eighth in violation of the provisions of the twentieth and second paragraphs of this law, the relevant units or relevant competent departments shall order the refunds, pensions, retirement funds and pensions of Returned Overseas Chinese and overseas Chinese families who have stopped, issued, seized or embezzled or settled abroad to settle down. They shall be ordered to reissue and pay compensation according to law; the directly responsible persons and other persons directly responsible shall be given administrative sanctions according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law.

Article twenty-ninth the State Council shall formulate and implement measures in accordance with this law.

The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the central government may, in accordance with this Law and the implementation measures of the State Council, formulate measures for their implementation.

The thirtieth law comes into effect on January 1, 1991.