歸僑僑眷權(quán)益保護法

1、.Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese (Adopted at the 15th Meeting of the Standing Committee of the Seventh National People's Congress on September 7, 1990 and promulgated b

2、y Order No.33 of the President of the People's Republic of China on September 7, 1990; amended according to the Decision on Revision of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chin

3、ese adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 31, 2000) Article 1 This Law is enacted in accordance with the Constitution with a view to protecting the lawful rights and interests of returned ove

4、rseas 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

5、 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

6、 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'

7、;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

8、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 people's governments at o

9、r above the county level and the departments under them in charge of the affairs of overseas Chinese shall enlist and coordinate the efforts of relevant departments to protect the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese. Article 5 The State

10、 shall make arrangements for overseas Chinese who have returned to the country and taken it as their place of permanent residence. Article 6 Returned overseas Chinese shall be entitled to appropriate representation on the National People's Congress and local people's congresses in places whe

11、re there are relatively large numbers of returned overseas Chinese. Article 7 Returned overseas Chinese and the family members of overseas Chinese shall have the right to apply for the establishment of public organizations in accordance with law and to conduct legitimate social activities suitable t

12、o 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 organization or individual. Article 8 All-China Federation of Returned Overse

13、as Chinese and local federations of returned overseas Chinese shall represent the interests of returned overseas Chinese and the family members of overseas Chinese and preserve their legitimate rights and interests in accordance with law. Article 9 The State shall give support to enterprises such as

14、 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. In areas where enterprises such as agricultural and forest farms hav

15、e provided placement for returned overseas Chinese, schools and medical care and health institutions may be set up in light of needs and in a rational way, to which the State shall give support and aid with respect to personnel, facilities and funds. Article 10 The State shall safeguard the rights a

16、nd interests of social security for returned overseas Chinese and the family members of overseas Chinese in accordance with law. The employers and the returned overseas Chinese employed shall participate in local social insurance in accordance with law and pay the insurance premium. To the returned

17、overseas Chinese and the family members of overseas Chinese who are incapacitated and have no source of income or live in straitened circumstances, the local people's governments at all levels shall provide relief. Article 11 The State shall encourage and guide returned overseas Chinese and the

18、family members of overseas Chinese to invest in the establishment of industrial enterprises, especially the establishment of enterprises that use new and high technologies; the local people's governments at various levels shall support them and their lawful rights and interests shall be protecte

19、d by law. Article 12 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. Where returned overseas Chinese and

20、the family members of overseas Chinese receive materials from donations made by their relatives or friends outside the country and will use them in domestic public welfare undertakings, the customs duty and the import value-added tax for the materials shall be reduced or exempted in accordance with

21、the provisions of laws and administrative regulations. Article 13 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 r

22、egulations of the State, make reasonable compensation and appropriate arrangements for those returned overseas Chinese and the family members of overseas Chinese whose private houses are requisitioned, dismantled or removed in accordance with law. Article 14 People's governments at all levels sh

23、all give special considerations in respect of the employment of returned overseas Chinese and the family members of overseas Chinese and provide them with the necessary guidance and services. Students who are returned overseas Chinese, children of returned overseas Chinese and children, residing in

24、the country, of overseas Chinese shall, in accordance with relevant State regulations, be given special considerations in respect of school admission. Article 15 The State shall protect the income of returned overseas Chinese and the family members of overseas Chinese from remittance sent by oversea

25、s Chinese. Article 16 Returned overseas Chinese and the family members of overseas Chinese shall have the right to accept the legacy and gift from their relatives or friends outside the country. The rights and interests of returned overseas Chinese and the family members of overseas Chinese to inher

26、it the estate outside the country shall be protected by Law. Returned overseas Chinese and the family members of overseas Chinese shall have the right to dispose of their property outside the country. Article 17 Contacts and communications between returned overseas Chinese and the family members of

27、overseas Chinese and their relatives and friends outside the country shall be protected by law. Article 18 Where returned overseas Chinese and the family members of overseas Chinese apply for exit from the country, the competent authorities concerned shall handle the procedures within the prescribed

28、 time limit. Where returned overseas Chinese and the family members of overseas Chinese desire to leave the country urgently because of special circumstances such as critical illness(es) or death(s) of their direct lineal relatives and the need for disposition of property outside the country within

29、a prescribed time limit, the competent authorities concerned shall give them priority when handling the procedures on the basis of the valid certificates provided by the applicants. Article 19 The State shall safeguard the right of returned overseas Chinese and the family members of overseas Chinese

30、 to leave the country for the purpose of visiting their relatives. Employees who are returned overseas Chinese or family members of overseas Chinese shall enjoy the treatment as provided in the relevant regulations of the State in respect of leaving the country for the purpose of visiting their rela

31、tives. Article 20 Returned overseas Chinese and the family members of overseas Chinese may, in accordance with relevant State regulations, apply to leave the country and settle down abroad. No organization or individual may impair the lawful rights and interests of those who have obtained approval t

32、o leave the country for settling down abroad. Returned overseas Chinese and the family members of overseas Chinese who retire as or not as veteran cadres or quit their posts for justified reasons shall continue to receive their pensions after leaving the country for settling down abroad. Article 21

33、For returned overseas Chinese and the family members of overseas Chinese who apply to go abroad for the purpose of study or lecturing at their own expense or for business purposes, the units to which they belong or the departments concerned shall provide convenience to them. Article 22 The State sha

34、ll 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 23

35、Where the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese are violated, the victims shall have the right to request the relevant competent departments to handle the matter in accordance with law, or bring a suit in a people's court. Federations

36、 of returned overseas Chinese shall give them support and help. Article 24 If any State functionary neglects his duty or abuses his power and thus impairs on the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese, the unit to which he belongs or the c

37、ompetent authorities at a higher level shall order him to set it right or give him an administrative sanction. If a crime is constituted, he shall be investigated for criminal responsibility in accordance with law. Article 25 Any organization or individual that infringes upon the lawful rights and i

38、nterests of returned overseas Chinese or the family members of overseas Chinese and thus causes losses to their property or other damages shall bear civil liability in accordance with law. If a crime is constituted, it or he shall be investigated for criminal responsibility in accordance with law. A

39、rticle 26 If anyone, in violation of the provisions of the first paragraph of Article 9 of this Law, occupies the land lawfully used by agricultural or forest farms that provide placement for returned overseas Chinese, the competent authorities concerned shall order him to return the land. Where los

40、ses are caused, the person shall bear the liability to pay compensation in accordance with law. Article 27 If anyone, in violation of the provisions of Article 13 of this Law, appropriates the houses in the country privately owned by returned overseas Chinese or the family members of overseas Chinese, the competent authorities concerned shall order him to return